ORR Unaccompanied Children Program Policy Guide: Section 1
Placement in ORR Care Provider Facilities
1.1 Summary of Policies for Placement and Transfer of Unaccompanied Children in ORR Care Provider Facilities
The majority of unaccompanied children (UC) come into ORR custody because they were apprehended by Border Patrol agents with the Department of Homeland Security (DHS) while trying to enter the United States without legal authorization. DHS (and in rare circumstances other federal agencies) may refer unaccompanied children to ORR’s care 24 hours a day, 7 days a week
ORR has procedures in place to obtain background information on the unaccompanied child from the referring federal agency to assess whether the unaccompanied child is a danger to self or others, whether there are any known medical and/or mental health issues, and whether other special concerns or needs are known, and then to designate an available care provider. ORR uses this information to determine an appropriate placement in the least restrictive setting for the unaccompanied child.
In certain cases where the referring agency (or other federal agencies supporting the referring agency) communicates with ORR that a child will likely be determined to be unaccompanied (see UC Policy Guide Section 2.2 Sponsor Application Process), ORR may begin the reunification process in order to diminish the length of time in ORR custody. This can occur:
(1) before the child is in federal custody;
(2) ahead of ORR receiving a written referral; and/or,
(3) before the transfer of the child to ORR’s physical custody and placement in a care provider facility.
ORR may enter into formal agreements with federal agencies (or other entities supporting the federal agency) in order to delineate the types of information ORR will receive ahead of a written referral in order to begin the reunification process, which may include information from non-federal entities.
ORR policies for placing children and youth in its custody into care provider facilities are based on legal requirements as well as child welfare best practices in order to provide a safe environment and place the child in the least restrictive setting appropriate for the child’s needs. ORR may place a child in a shelter facility, foster care or group home (which may be therapeutic), staff secure or secure care facility, residential treatment center, or other special needs care facility, including an out-of-network facility (OON) (see Section 1.4.6 Residential Treatment Center and Out-of-Network Placements).
There are two types of placement decisions: (1) the initial placement into a care provider facility or setting and (2) transfer placement between care providers. Although the circumstances and procedures for initial placement and transfer vary, ORR applies the same child welfare principles in its decision-making process.
ORR takes legal custody of the unaccompanied child when ORR assumes physical custody of the child or youth from the referring federal agency. The referring federal agency generally transports the unaccompanied child to the ORR care provider. However, under certain extenuating and exceptional circumstances, ORR may assume physical custody of the child or youth, and thereby legal custody, to facilitate release to a vetted sponsor in lieu of placement with an ORR care provider.
Revised 2/22/24
1.2 ORR Standards for Placement and Transfer Decisions
ORR policies for placing children in its custody into care provider facilities are based on child welfare best practices in order to provide a safe environment and place the child in the least restrictive setting appropriate for the child’s needs. ORR may place a child in a shelter facility, foster care or group home (which may be therapeutic), staff secure or secure care facility, residential treatment center, or other special needs care facility, including an out-of-network (OON) placement as described in Section 1.4.6 Residential Treatment Center and Out-of-Network Placements.
There are two types of placement decisions: the initial placement into a care provider facility or other setting and transfer placement between care providers. Although the circumstances and procedures for initial placement and transfer vary, ORR applies the same child welfare model to both types of care delivery.
ORR makes every effort to place children within the ORR funded care provider network. However, there may be instances when ORR determines there is no in-network care provider available to provide specialized services to meet an unaccompanied child’s identified needs, or no in-network care provider equipped to meet those needs with the capacity to accept a new placement. In those cases, ORR will consider an out-of-network placement. An ORR Federal Field Specialist (FFS) and the FFS Supervisor must approve placement into an out-of-network facility (see Section 1.4.6 Residential Treatment Center and Out-of-Network Placements).
ORR must approve all transfers and releases while a child or youth is in its custody, except in emergency situations where a care provider may temporarily transfer placement of an unaccompanied child. In these emergency situations the care provider must notify ORR of the transfer within 8 hours.
Revised 10/27/22
1.2.1 Placement Considerations
As mandated by law, ORR places an unaccompanied alien child in the least restrictive setting that is in the best interests of the child.
When making a placement determination or recommendation, ORR and care providers consider the following factors as they pertain to the child or youth:
- Trafficking or other safety concerns
- Any special needs or issues requiring specialized services (for example, a child with language needs, mental health or medical concerns, or a youth who is pregnant or parenting)
- Possibility of heightened vulnerability to sexual abuse due to prior sexual victimization
- Prior sexual abusiveness
- Identification as lesbian, gay, bisexual, transgender, questioning or intersex, or gender non-conforming appearance or manner
- Location of potential sponsor and family sponsorship options
- Siblings in ORR custody
- Immigration issues (for example, legal representation needs, immigration proceedings)
- Behavior
- Criminal or juvenile background
- Danger to self
- Danger to the community
- Escape risk
- Age
- Gender
- Length of stay in ORR custody
- Location where the child or youth was apprehended
Posted 1/27/15
1.2.2 Children with Special Needs
Whenever possible, ORR places a child with special needs in a facility serving the general population but that is able to provide services and treatment for special needs. In all instances, ORR strives for a least restrictive setting in the best interests of the child.
For children in the following special situations, ORR gives priority for transitional foster care placements to:
- Children who are under 13 years of age
- Sibling groups with one sibling under 13 years of age
- Teens who are pregnant or are parenting
- Children or youth with other special needs
Posted 1/27/15
1.2.3 Safety Issues
The safety and well-being of a child or youth is a primary consideration in placement decisions. Issues related to safety include a child or youth being fearful of others, such as specific individuals who would seek to harm or exploit the child (e.g., smugglers, traffickers, drug cartels, or other organized crime groups), and a child or youth who is a material witness or a victim of crime. ORR collaborates with law enforcement officials on the placement of an unaccompanied alien child who has information that may be relevant to a criminal proceeding (e.g., “material witness”).
Posted 1/27/15
1.2.4 Secure and Staff Secure Care Provider Facilities
Determination to Place an Unaccompanied Child (UC) in a Restrictive Facility
Every decision to initially place, transfer, or continue placement of an unaccompanied child (UC) in a staff secure, secure, residential treatment center (RTC), or restrictive out-of-network facility must be supported by clear and convincing evidence. Clear and convincing means the conclusion is highly and substantially more likely to be true than untrue. Therefore, ORR must demonstrate that placement in a restrictive facility is appropriate because the available information about the UC makes it highly and substantially more likely that:
- the child poses a danger to self or others, and/or
- poses an escape risk.
ORR has two levels of care for unaccompanied children who are assessed to be a danger to themselves or others, have a criminal history, or require close supervision. These two levels of care are staff secure and secure. Staff secure facilities provide a heightened level of staff supervision, increased communication, and services to control problem behavior and prevent escape. Secure facilities are for youth who require the strictest level of supervision. Secure care providers have a secure perimeter, major restraining construction inside the facility, and procedures typically associated with correctional facilities.
ORR may place an unaccompanied child in a staff secure or a secure setting either at initial placement or through a transfer to another facility from the initial placement. ORR provides the child written notice of the reasons for placement in a secure or staff secure facility by providing the Notice of Placement in a Restrictive Setting (NOP) form within 48 hours after a UC’s arrival at a restrictive placement, as well as at minimum every 30 days the child remains in a restrictive placement (see Section 1.4.2 30 Day Restrictive Placement Case Review). Case Managers review the NOP with UC in their preferred language with an explanation that takes into account their level of understanding and is delivered in a child-friendly manner.
If a child has a severe mental health issue in addition to serious behavioral concerns or criminal/delinquent history warranting placement into a restrictive level of care, ORR may place the child in an RTC or other therapeutic setting. ORR provides the child a Notice of Placement in a Restrictive Setting form within 48 hours of a child’s placement, as well as at minimum of every 30 days the minor remains in a restrictive placement, explaining the reasons for placement in an RTC or therapeutic setting (see Section 1.4.6 Residential Treatment Center and Out-of-Network Placements).
Secure Care Facility
It is expected that care providers address behavioral concerns by children in ORR custody in accordance with Section 3.3.13 Behavioral Management prior to seeking placement of a UC in a secure facility. ORR only places an unaccompanied child in a secure facility if there is clear and convincing evidence that the child:
- poses a danger to self or others; or
- has been charged with or convicted of a criminal offense. or is chargeable with such an offense.
In determining whether to place a youth in secure care, ORR considers if the unaccompanied child:
- Has been charged with a crime, is chargeable with a crime, or has been convicted of a crime; or is the subject of delinquency proceedings, has been adjudicated delinquent, or is chargeable with a delinquent act 1; and assesses with regard to the child, whether the crimes or delinquent acts were:
- isolated offenses that (1) were not within a pattern or practice of criminal activity and (2) did not involve violence against a person, or the use or carrying of a weapon (e.g., breaking and entering, vandalism, DUI, status offenses, etc.); or
- petty offenses which are not considered grounds for a stricter means of detention in any case (e.g., shoplifting, joy riding, disturbing the peace)
- Has committed, or has made credible threats, to commit a violent or malicious act while in ORR custody;
- Has committed, threatened to commit, or engaged in serious, self-harming behavior that poses a danger to self while in ORR custody;
- Has engaged in conduct that has proven to be unacceptably disruptive of the normal functioning of a staff secure facility in which the youth is placed such that transfer may be necessary to ensure the welfare of the UC or others;
- Has self-disclosed violent criminal history in ORR custody that requires further assessment; or
- Has committed sexual abuse, where there is coercion by overt or implied threats of violence against another person and/or there is an immediate danger to others (see Section 4.1.1 Sexual Abuse).
Staff Secure Facility
A staff secure facility is a licensed childcare facility for UC who require close supervision, but do not require placement in a secure care provider facility. A decision to place a child in a staff secure facility is based on clear and convincing evidence that the child meets the criteria for the placement.
In determining whether to place a UC in a staff secure facility, ORR considers if the child:
- Has been unacceptably disruptive to the normal functioning of a shelter care provider facility such that transfer is necessary to ensure the welfare of the UC or others;
- Is an escape risk;
- Has displayed a pattern of severity of behavior, either prior to entering ORR custody or while in ORR care, that requires an increase in supervision by trained staff;
- Has non-violent criminal or delinquent2 history not warranting placement in a secure care provider facility, such as isolated or petty offenses as described above; or
- Is ready for step-down from a secure facility. For details on the criteria for step-down from a secure facility, see Section 1.4.2 30 Day Restrictive Placement Case Review.
Within 48 hours of the child’s admission to a restrictive facility, the care provider must also:
- Send a copy of the NOP to the child’s attorney; and
- Send a copy of the NOP to the UC’s parent unless there are child welfare reasons not to do so, the parent cannot be reached, or where a minor 14 years or older states that they do not want the parent to receive a copy of the NOP. Child welfare reasons not to share the NOP may include but are not limited to:
- Provision of the NOP to the parent would pose a danger to the UC;
- Parent is present in the United States but has declined to be the UC’s sponsor; or
- A custodial parent has stated that a copy of the NOP should not be provided to a non-custodial parent.
Revised 10/27/22
1.2.5 Unaccompanied Alien Children Who Pose a Risk of Escape
ORR does not place a child or youth in secure care solely because he or she may pose a risk of escape from ORR custody. However, ORR may place a child in a staff secure facility solely because he or she poses a risk of escape. In all cases, ORR must assess whether an unaccompanied alien child is an escape risk in order to make an informed placement decision.
Indicators of escape risk include:
- The unaccompanied alien child has displayed behaviors indicative of escape or has expressed intent to escape.
- The unaccompanied alien child is within one month of turning 18 years of age.
- The unaccompanied alien child has previously escaped or attempted to escape from detention or government custody.
- An unaccompanied alien child with an immigration history that includes:
- A final order of removal (UAC has a legal duty to report for deportation);
- A prior breach of a bond;
- Failure to appear before Department of Homeland Security or the immigration courts;
- Previous repatriation (return to the home country) through a grant of voluntary departure or a final order of removal from an immigration judge.
Revised 6/12/17
1.2.6 Long-Term Foster Care
An unaccompanied child may be placed in a long-term foster care (LTFC) setting, such as community-based foster care or a community-based group home. Long-Term Foster Care (LTFC) providers must ensure that each child is placed in a licensed foster home or group home and consider the child’s preference, cultural, and linguistic needs when making placements.
A child is a candidate for LTFC if they:
Are expected to have a protracted stay of four months or more in ORR custody because they do not have a viable sponsor and/or the child is likely to be in ORR care for a prolonged time for other reasons AND
Are under the age of 17 and 6 months at the time of placement, unless waived by both the referring and receiving Federal Field Staff (FFS), who will take into account the best interests of the child.
ORR considers the following factors when making an LTFC referral and placement decision:
The child’s mental, emotional, behavioral, and physical health needs;
The child’s ability and commitment to live in a family and community-based setting;
The child’s age;
Availability of an appropriate placement that meets the child’s needs; and
The legal service provider’s (LSP) recommendation of preferred locations for placement based on the child’s eligibility for immigration relief in each state.
The LSP’s recommendation of preferred locations for placement must be based on the child’s potential for immigration relief, type of immigration relief, and status of court hearings or relief petitions. ORR will consider the recommendation, in addition to the factors listed above, in determining the LTFC placement that is in the child’s best interest (see 8 U.S.C. § 1232 (c)(2)(A) ). The referring LSP will conduct the assessment and prepare their recommendations prior to the care provider initiating the transfer request to LTFC (see Section 1.4.4 Transfer to Long-Term Foster Care).
When possible, taking into consideration the placement factors listed above, ORR will make a best effort to place the child in a location where their immigration case is best served. If the locations included in the LSP’s recommendation are not available, a Child Advocate referral must be made (see Section 2.3.4 Child Advocates). Additionally, the case must be staffed with the FFS to determine whether to proceed with the LTFC transfer and to determine the placement option that is in the child’s best interest.
In regard to consent to share the LSP’s recommendation of preferred locations of placement, children 14 years or older without a diagnosed developmental disability must consent to sharing the LSP preferred locations recommendation with ORR for placement decisions and their consent must be documented in their case file. If the child is 13 years or younger, or has a diagnosed developmental disability, the LSP will share the preferred locations recommendation with ORR to inform ORR’s placement determination.
Revised 01/12/2024
1.2.7 Placing Family Members (Siblings and Children of Unaccompanied Alien Children)
Under most circumstances, ORR places siblings together and unaccompanied alien children who are parents with their children. The following cases would be an exception to family grouping:
- The unaccompanied alien child wishes otherwise (evaluated on a case-by-case basis)
- The placement would be contrary to the developmental, treatment, or safety needs of the unaccompanied alien child or his or her children
- There is an unusual or emergency situation
In addition to the ones listed above, there are other exceptional circumstances that would prevent unaccompanied alien youth from residing with their children in the same care provider facility. These circumstances include an unaccompanied alien child who is a parent who:
- Requires specialized placement in a setting that cannot provide appropriate care for an infant or young child; for example, a residential treatment center or hospital
- Does not want his or her child to reside in the same place
- Is the subject of open or substantiated allegations of abuse or neglect against his or her child
If siblings or children of an unaccompanied alien child must be placed separately, the care provider tries to maintain regular ongoing contact, unless a mental health or child welfare professional deems the contact harmful, or unless the contact is contrary to the wishes of the UAC.
The separation of an unaccompanied alien child from his or her siblings or from his or her child requires prior authorization of ORR.
Posted 1/27/15
1.3 Referrals to ORR and Initial Placement
Unaccompanied children may be referred by federal agencies to ORR’s care at any time. ORR’s Intakes Team operates 24 hours a day, 7 days a week, year-round to accept referrals and find a placement for children and youth within ORR’s network of care providers.
Posted 2/22/24
1.3.1 Request for Information from the Referring Federal Agency
As a first step, ORR requests background information from the referring Federal agency to assess whether the unaccompanied child is a danger to self or others, whether there are any known medical and/or mental health issues, and whether other special concerns or needs are known. ORR uses this information to determine an appropriate placement for the minor in the least restrictive setting.
ORR requests the following information from the referring agency:
- How the referring agency made the determination that the individual is an unaccompanied child.
- Health related information including, but not limited to, if the unaccompanied child is pregnant or parenting and whether there are any known physical or mental health concerns. If there are significant medical concerns (i.e., the unaccompanied child is not fit for travel), ORR requests that the referring federal agency medically clears the child before ORR will designate placement. In its discretion, ORR may designate placement for unaccompanied children who are pending medical clearance.
- Whether the child has any medication or prescription information, including how many days’ supply of the medication will be provided with the child or youth when transferred into ORR custody.
- Biographical and biometric information, such as name, gender, A number, date of birth, country of birth and nationality, date(s) of entry and apprehension, place of entry and apprehension, manner of entry, and the unaccompanied child’s current location.
- Any information concerning whether the child or youth is a victim of trafficking or other crimes (e.g. “human trafficking indicators”).
- Whether the unaccompanied child was apprehended or encountered with a sibling, other related unaccompanied child, or other adult relative.
- Identifying information and contact information for a parent, legal guardian, or other related adult providing care for the child or youth prior to apprehension or encounter, if known.
- If the unaccompanied child was apprehended or encountered in transit to a final destination, what the final destination was and who the child or youth planned to meet or live with at that destination, if known.
- Whether the unaccompanied child is an escape risk, and if so, the escape risk indicators.
- Any information on a history of violence, juvenile or criminal background, or gang involvement known or suspected, risk of danger to self or others, State court proceedings, and probation.
- If the child is being returned to ORR custody after arrest on alleged gang affiliation or involvement, ORR requests all documentation confirming whether the child is a Saravia class member and information on the Saravia hearing, including the date and time.
- Any special needs or other information that would affect the care and placement for the child or youth.
In certain cases where the federal partner agencies, including but not limited to the referring federal agency, communicates with ORR that a child will likely be determined to be unaccompanied (see UC Policy Guide Section 2.2 Sponsor Application Process), ORR may request additional information from the referring agency, or third-party partners, regarding the potential sponsor(s) of a child likely to enter ORR care, to begin the vetting process prior to placement in an ORR care provider facility.
Revised 2/22/24
1.3.2 ORR Placement Designation
The ORR/Intakes Team identifies appropriate and available bed space at a care provider, the ORR funded facility, or other setting that provides care for the child, and contacts the care provider to confirm availability. ORR attempts to identify and designate a placement for the unaccompanied child (UC) within 24 hours of the initial referral, whenever possible.
In cases where a child or youth may present a danger to self or others, ORR staff use a standardized checklist (the “Intakes Placement Checklist”) to input all available information on the unaccompanied child’s history and condition.
The ORR/Intakes Team uses the Intakes Placement Checklist if the unaccompanied child has:
- A juvenile or adult criminal history, including involvement in human trafficking or smuggling
- Prior acts of violence or imminent threats of violence in government custody
- Pattern of severity of behavior that requires increased supervision
- Prior escape(s) or attempted escape(s) from government custody
- Mental health concerns where placement into an RTC is based upon a recommendation by a licensed psychiatrist or psychologist consulted by ORR or an ORR program
- Committed sexual abuse where there is coercion by overt or implied threats of violence against another person and/or there is an immediate danger to others
Based on the responses, the Intakes Team member recommends a level of care for the unaccompanied child. The ORR/Intakes Team reviews the Intakes Placement Checklist with an ORR/FFS Supervisor. The ORR/FFS Supervisor makes a final placement decision on the level of care based on the information provided to the Intakes Team, and the Intakes Team designates the unaccompanied child’s placement. The ORR/FFS Supervisor may only decide to place a child in a restrictive facility (secure, staff secure, residential treatment center (RTC), or restrictive out-of-network placement) if clear and convincing evidence supports the placement.
For placement of an unaccompanied child with medical or mental health issues, the ORR/Intakes Team consults with the ORR/FFS, the ORR/Medical Services Team, or an ORR Supervisor on the placement. As discussed in Section 1.4.6 Residential Treatment Center and Out-of-Network Placements, a UC with serious mental health issues may only be placed into an RTC if the youth is determined to be a danger to self or others by a licensed psychologist or psychiatrist consulted by ORR or an ORR care provider. In assessing dangerousness, ORR uses the criteria for secure placement in Section 1.2.4 Secure and Staff Secure Care Provider Facilities, which includes a determination by clear and convincing evidence documented in the child’s case file that the level of restrictive placement is appropriate. Where it is determined that a child’s specific mental health needs cannot be met at an ORR funded facility, or where no placements are available within ORR’s network, ORR may place the child at an out-of-network facility (see Section 1.4.6 Residential Treatment Center and Out-of-Network Placements for additional information).
Revised 10/27/22
1.3.3 Care Provider Placement Acceptance
After ORR requests a placement in a particular facility, the care provider may only deny ORR’s request for placement based on the following reasons:
- Lack of available bed space.
- Placement of the unaccompanied alien child would conflict with the care provider’s State or local licensing rules.
- Placement of an unaccompanied alien child with a significant physical or mental illness for which the referring Federal agency does not provide a medical clearance and/or medications that would conflict with the care provider’s State or local licensing requirements.
ORR may follow up with a facility about a placement denial, if needed, to find a solution to the reason for the denial.
Posted 1/27/15
1.3.4 Transfer of Custody to ORR
The referring Federal agency generally transports the unaccompanied alien child to the ORR care provider. ORR takes custody of the unaccompanied alien child when the child physically arrives at the designated ORR care provider.
Upon arrival, the care provider requests from the referring Federal agency the unaccompanied alien child’s prescriptions and medications, as applicable; personal belongings, and any necessary Department of Homeland Security (DHS) or other Federal agency documentation.
If exceptional circumstances prevent the referring Federal agency from providing complete documentation, the care provider may not deny or delay admitting the child or youth.
If a care provider receives a child or youth with special concerns that were not reported in the referral, the care provider must contact ORR immediately.
Posted 1/27/15
1.3.5 Initial Placements in the Event of an Emergency or Influx
Historically, ORR has experienced periods when DHS apprehends a significantly greater number of unaccompanied alien children than at other times of the year. These periodic intervals are called an “influx.” In addition to an influx, a natural disaster or other emergency may prevent the prompt (within 24 hours), initial placement of unaccompanied alien children in care provider facilities.
ORR has procedures in place to make sure that care providers are available to accommodate these influx intervals and make initial placements as quickly as possible while successfully providing the range of services that ORR requires for every unaccompanied alien child.
ORR annually reviews its contingency plans based on the actual and anticipated number of unaccompanied alien children referrals to monitor available resources in light of expected needs.
For more information, see 1.7 Placement and Operations During an Influx.
Revised 5/5/16
1.3.6 Saravia Intakes Screening and Placement Determinations
For cases in which ORR determines that a UAC was previously in ORR custody and was properly referred to ORR on a second occasion, ORR/Intakes verifies the referring agency’s determination of Saravia class eligibility.
A UAC is a member of the Saravia class if he or she:
- Was previously in ORR custody;
- ORR released them to a sponsor; and
- Was sent to ORR by a referring agency at least partially on the basis of alleged gang affiliation or involvement.
In such cases, and where the child is properly re-referred to ORR custody as a UAC, the ORR/Intakes verifies Saravia class membership and attempts to obtain documentation from the U.S. Department of Homeland Security (DHS) confirming the following (while continuing with the placement process):
- that the unaccompanied alien child was provided notice of a Saravia hearing within 48 hours of arrest;
- that the notice included information explaining the purpose and nature of proceedings and the specific acts or conduct alleged; and
- that the Saravia hearing either has already occurred, is scheduled to occur within 10 days of arrest by the referring agency, or that the unaccompanied alien child waived the 10 day hearing requirement in order to retain an attorney.
ORR does not delay the initial placement of possible Saravia class members into an appropriate ORR care provider program during the screening process (see Section 1.3.2 ORR Placement Designation). ORR shall place Saravia class members in the least restrictive setting that is appropriate for the individual child.
ORR does not place Saravia class members in a restrictive setting (e.g., staff secure, secure, RTC) solely based on alleged gang affiliation or involvement that is the basis for Saravia class membership.
Posted 02/12/21
1.4 Transfers within the ORR Care Provider Network
Because an unaccompanied child’s placement needs can change, the care provider conducts ongoing assessments of his or her needs throughout the child or youth’s stay in ORR custody. Care providers also take into consideration information from the referring Federal entity, child assessment tools, interviews, location of the child’s sponsor or family in the U.S., records from local, State, and Federal agencies, and information from stakeholders, including the child’s legal service provider, attorney of record or Child Advocate, as applicable, when making transfer recommendations.
If an alternate placement would better meet the child’s individual needs, care providers must promptly make transfer recommendations—within 3 days of identifying the need for a transfer for routine transfers and immediately in urgent situations.
The Case Coordinator identifies the most appropriate care provider based upon the individual’s needs and the bed capacity within the ORR network.
ORR has final authority on transfer decisions. ORR/FFS act as agents of HHS/ORR and make transfer decisions. Once the ORR/FFS approves a transfer request, the referring and receiving care providers coordinate logistics, including the transfer date (generally within 3 days). The referring care provider notifies all designated stakeholders of the transfer (for example, the child’s attorney).
Revised 03/28/23
1.4.1 Least Restrictive Setting
Care providers must make every effort to place and keep children and youth in a least restrictive setting. For children who are initially placed in a least restrictive setting, care providers must provide support services and effective interventions, when appropriate, to help keep a child in the setting.
If a child or youth is placed in a restrictive setting, care providers provide services to facilitate the unaccompanied alien child’s successful transfer to a less restrictive setting to allow the child to move when he or she is ready.
Posted 1/27/15
1.4.2 30 Day Restrictive Placement Case Review
At the time of referral, the ORR/Intakes Team, in collaboration with an ORR/FFS Supervisor, uses a standardized Intakes Placement Checklist to determine the initial placement of an unaccompanied child (UC) with a juvenile or criminal background, violent offenses, serious behavioral concerns, and/or potential for escape (see Section 1.3.2. ORR Placement Designation). The ORR/FFS Supervisor may only decide to place a child in a restrictive facility if clear and convincing evidence supports the placement (see Section 1.2.4 Secure and Staff Secure Care Provider Facilities).
At a minimum of every 30 days, the care provider staff, in collaboration with the Case Coordinator and the ORR/FFS, review the placement of a UC in a secure, staff secure, or residential treatment center (RTC), or restrictive out-of-network facility (OON) to determine whether a less restrictive level of care is more appropriate. The ORR/FFS may review the placement earlier than 30 days, particularly if new information indicates an alternative placement is more appropriate. ORR shall also determine that there is clear and convincing evidence that continuing the restrictive placement is required for the safety of the child or others. Then, the care provider staff must document the basis for continued placement in a secure, staff secure, RTC, or OON restrictive facility in the UC’s case file and provide a copy of the Notice of Placement in a Restrictive Setting form (NOP) to the child and their attorney of record. The program must also automatically provide a copy of the NOP to the UC’s parent(s) unless certain exceptions are documented (see Section 1.2.4 Secure and Staff Secure Care Provider Facilities). A copy shall be provided to the Child Advocate upon request.
The FFS will consult with Supervisory ORR staff for UC who have resided in a secure or RTC care facility (including and OON RTC facility) for over 90 days. The FFS consults with Supervisory ORR staff regarding the placement every 30 days thereafter until the UC is stepped down or discharged. A UC may only remain in an in-network RTC or OON RTC placement if a licensed psychiatrist or psychologist consulted by ORR or an ORR program has determined that they are a danger to self or others (see Section 1.4.6. Residential Treatment Center and Out-of-Network Placements).
An unaccompanied child does not require a review of a secure, staff secure, in-network RTC, or OON RTC placement if the UC is in custody for less than one month from the date of the initial placement designation to the date of the child’s 18th birthday. Children who are in ORR care less than 30 days do not require a review of their placement.
Step-ups and Step-downs
Step-ups and step-downs refer to transfers to a more restrictive level of care or to a less restrictive level of care, respectively.
Step-ups may occur when a more restrictive level of care is needed for the safety of the UC or others. The care provider Case Manager, Case Coordinator, and ORR/FFS staff the case to determine whether the UC’s behavior, criminal history, or self-disclosures require placement in a more restrictive environment, using the factors identified in Section 1.2.4 Secure and Staff Secure Care Provider Facilities. The ORR/FFS shall only decide to place a child in a restrictive facility if clear and convincing evidence supports the placement. The evidence relied upon by the ORR/FFS must be documented in the UC Portal.
If a UC self-discloses criminal or violent history to other UC or to care provider staff, ORR investigates the veracity of the claim with the assistance of the care provider. ORR may contact federal, state, and local law enforcement to determine the veracity of the self-disclosed criminal history and request assistance in contacting foreign law enforcement agencies where alleged crimes or incidents took place outside of the United States. ORR may also work with mental health professionals and other specialists as appropriate to determine whether the UC’s claims are credible.
When a UC is stepped up to a restrictive setting (secure, staff secure, RTC, or restrictive OON facility), the child must be provided with an NOP in a language that the child understands within 48 hours of admission. The NOP must be automatically provided to the child’s attorney, if they have one, within 48 hours of admission to the restrictive facility, and to their parent unless certain exceptions are met (see Section 1.2.4 Secure and Staff Secure Care Provider Facilities).
Step-downs occur when ORR determines there is no longer clear and convincing evidence that the UC poses a danger to self or others, or no longer presents an escape risk (for staff secure step downs only). ORR also takes into consideration the immigration judge’s decision in a bond hearing about the youth’s level of danger when assessing the youth’s placement and conditions of placement (see Section 2.9. Bond Hearings for Unaccompanied Children). In making a step-down decision, ORR considers criteria identified in making a restrictive placement and takes into consideration any mitigating factors based on an assessment of the UC’s current functioning and behavior, previous conduct, self-disclosures, and criminal/delinquent history. The care provider documents the underlying assessment used to make this determination in the UC’s case file, and through the NOP form if the child is stepped down to a staff secure facility.
UC determined to have committed sexual abuse, where there is coercion by overt or implied threats of violence against another person and/or there is an immediate danger to others, may not be stepped down below staff secure unless the ORR/FFS and the receiving care provider can document specific steps to protect other UC, staff, and the community.
If the care provider and ORR/FFS determine that step down to a non-restrictive level of care (such as an ORR shelter) is appropriate, the care provider must use the ORR process for transferring the youth to another care provider. The care provider must notify DHS, the youth’s attorney of record, legal service provider, and/or Child Advocate within a reasonable period of time, and, if applicable, apply for a change of address or change of venue for a timely and safe transport.
Revised 10/27/22
1.4.3 Long Term Care
In some cases, unaccompanied alien children stay in ORR custody for 4 months or more. ORR considers a stay of 4 months or longer to be an “extended stay” case. Extended stay cases generally occur due to the following combination of factors:
- The child or youth has no viable sponsor AND
- A legal service provider or attorney has screened the child or youth as eligible for immigration relief, OR
- Another reason prevents return of the unaccompanied alien child to the home country, such as the child’s country of origin is in a state of emergency, indicating that the child will likely not be repatriated for an extended period of time.
If there is an indication that an unaccompanied alien child may fall into this extended stay category, the care provider makes a recommendation to ORR regarding long term care placement. Care providers try to minimize the number of transfers for a child or youth in order to facilitate continuity of relationships with caregivers.
Care providers continue to assess a child or youth placed in long term care to ensure that best efforts are being made to move the unaccompanied alien child toward release from ORR custody into a more permanent arrangement.
Posted 1/27/15
1.4.4 Transfer to Long-Term Foster Care
Prior to a transfer to Long-Term Foster Care (LTFC), care providers must notify all stakeholders such as legal service providers (LSPs), attorneys of record, child advocates, and family members. The referring care provider requests from the LSP a recommendation of preferred locations for placement for the child at least 14 calendar days prior to initiating the Transfer Request process. The LSP meets with the child within 10 business days of the referring care provider’s request to prepare the preferred locations recommendation following Section 1.2.6 Long-Term Foster Care. The LSP’s recommendation must be based on the child’s potential for immigration relief in each state, type of immigration relief, and status of court hearings or relief petitions. The LSP must complete the recommendation within 14 calendar days of the initial notification from the case manager that the child is being considered for transfer to LTFC. In the event the child does not consent to the LSP using their information to submit an LSP recommendation to ORR for transfer, the LSP would inform the requesting care provider that the child has not consented.
The case manager and case coordinator (and other ORR staff, if possible) review the LSP’s recommendation to inform the child’s transfer placement location and makes referrals to LTFC care providers. The LSP’s recommendation is one factor ORR considers in making the placement determination for the child (see Section 1.2.6 Long-Term Foster Care). When possible, taking into consideration the placement factors in Section 1.2.6 Long-Term Foster Care, ORR will make a best effort to place the child in a location where their immigration case is best served. If the locations included in the LSP’s recommendation are not available, a Child Advocate referral must be made (see Section 2.3.4 Child Advocates). Additionally, the case must be staffed with the FFS to determine whether to proceed with the LTFC transfer and to determine the placement option that is in the child’s best interest.
Reviewing LTFC care providers have 14 calendar days from receipt of the LTFC referral to accept the referral or notify ORR of a need for an extension to identify whether they can accept the referral. After a receiving LTFC care provider accepts the referral, the receiving LTFC provider immediately informs the child’s LSP to ensure arrangements are made for legal services, including representation when possible, for the child in the new jurisdiction. The transfer process may proceed while the LSP arranges for legal services for the child.
Revised 01/12/2024
1.4.5 Group Transfers
Group transfers may occur because of changes in a care provider’s bed capacity, through changes in program requirements that would eliminate a care provider from the list of approved facilities, or through an emergency event or natural disaster. ORR tries to minimize the number of transfers resulting from bed capacity limitations. ORR considers the circumstances of the individual unaccompanied alien child’s case, including the progress of the sponsorship effort and the status of the legal case, when identifying children and youth for group transfers.
Revised 4/22/16
1.4.6 Residential Treatment Center and Out of Network Placements
Residential Treatment Center Placements
Care providers request a transfer to a residential treatment center (RTC) for an unaccompanied child (UC) who has a psychiatric or psychological issue that cannot be addressed in an outpatient setting.
A UC may only be placed into an RTC if the child is determined to be a danger to self or others by a licensed psychologist or psychiatrist consulted by ORR or an ORR funded care provider. In assessing dangerousness, ORR uses the criteria for secure placement in Section 1.2.4 Secure and Staff Secure Care Provider Facilities, which includes a determination by clear and convincing evidence documented in the child’s case file that the level of restrictive placement is appropriate.4 In addition, ORR will only consider a transfer to an RTC if a licensed psychologist or psychiatrist, consulted by ORR or an ORR care provider, has determined that one or more of the following conditions are met:
- The unaccompanied child has not shown reasonable progress in the alleviation of the child’s mental health symptoms after a significant period of time in outpatient treatment. (Note: the amount of time within which progress should be demonstrated varies by mental health diagnosis).
- The child’s behavior is a result of the child’s underlying mental health symptoms and/or diagnosis and cannot be managed in an outpatient setting.
- The unaccompanied child requires therapeutic-based intensive supervision as a result of mental health symptoms and/or diagnosis that prevent them from independent participation in the daily schedule of activities.
- The child presents a continued and real risk of harm to self, others, or the community, despite the implementation of short-term clinical interventions (such as, medications, a brief psychiatric hospitalization, intensive counseling, behavioral management techniques, 24-hour supervision, supportive services, or therapeutic services).
Out-of-Network Placements
ORR may place a child at an out-of-network (OON) facility when necessary to accommodate:
- Unaccompanied children with identified needs which no in-network provider can accommodate due to the nature of the need or the current capacity limitations of the providers; or
- Unaccompanied children with mental health needs that cannot be met within the ORR care provider network.
Out-of-Network Residential Treatment Center Placements
The standards and criteria for transfer or placement in an RTC also apply to transfers or placements to out-of-network RTCs. ORR may transfer a child to an OON RTC facility under the following conditions:
- A licensed clinical psychologist or psychiatrist consulted by ORR or an ORR funded care provider has determined that the child requires a level of care only found in an OON RTC, or that an OON RTC facility would best meet the child’s identified needs;
- The current ORR care provider has fully explored placement in ORR care provider facilities, upon recommendation by the licensed clinical psychologist or psychiatrist consulted by ORR, but the child’s needs exceed the current capability of the ORR providers with open bed space; and
- The ORR Federal Field Specialist Supervisor has confirmed that recommended placements have been exhausted and that the child continues to need a level of care that can only be provided in an OON RTC facility.
Once it is determined that an OON placement is in the best interest of the child and prior to the physical transfer of the child to the OON facility, the permanent care provider must notify the child’s attorney. While the child will be physically located at an OON facility, the child will remain on the roster of the in-network facility and an ORR FFS will monitor the child’s progress and ensure the child is receiving required services.
Where the child is being transferred to an OON restrictive setting, the child is notified at the time of transfer that they are being transferred to the OON facility. The UC, along with their attorney, is provided with a Notice of Placement in a Restrictive Setting (NOP) within 48-hours of being admitted to the OON restrictive placement (see Section 1.4.2 30 Day Restrictive Placement Case Review). The child’s parent and/or legal guardian is also provided a copy of the NOP unless the situation meets the parental notification exceptions in Section 1.2.4 Secure and Staff Secure Care Provider Facilities.
The child's placement will be reviewed by care provider staff, in collaboration with the Case Coordinator and the ORR/FFS, at minimum of every 30 days to determine whether a less restrictive level of care is more appropriate. (See Section 1.4.2 30 Day Restrictive Placement Case Review). The child has the right to request reconsideration of their placement prior to the 30-day review via the procedures outlined in Section 1.4.7 Requesting Reconsideration of a Secure or RTC Placement Designation and Section 2.9 Bond Hearings for Unaccompanied Children.
Out-of-network providers are vetted prior to placement via state licensing authorities to ensure the program is in good standing and is complying with all applicable state welfare laws and regulations and state and local building, fire, health, and safety codes.
Children placed in an OON facility will receive or have arranged the services established under Section 3.3 Care Provider Required Services.
The ORR Case Manager who is assigned to a child placed in an OON facility will administer the case management services outlined in Section 2.3.2 Case Managers. The Case Manager maintains weekly contact with the UC's out-of-network provider to ensure the Case Manager and ORR/FFS are receiving weekly updates on the child’s progress. The Case Manager provides updates to the attorney of record according to Section 5.10.3 Information Sharing with LSPs, Attorneys of Record, and Child Advocates.
Revised 10/27/22
1.4.7 Requesting Reconsideration of a Restrictive Placement
Children placed in a staff secure, therapeutic staff secure, secure, residential treatment center (RTC), or restrictive out-of-network (OON) facility can seek reconsideration of their placement through the Placement Review Panel (PRP). Children are notified upon receipt of their initial Notice of Placement in a Restrictive Setting (NOP) that they may request reconsideration immediately or anytime during their placement at a staff secure, therapeutic staff secure, secure, RTC, or restrictive OON facility. Children are informed of the procedures for requesting a PRP during their review of their NOP.
The PRP is a three-member panel consisting of ORR’s senior-level career staff with requisite experience in child welfare, including restorative justice, adverse childhood experiences, special populations, and/or mental health. Panel members serving on a PRP for an individual child must not have been involved in the initial decision to place the child in a restrictive setting. Once they have served on a child’s PRP, panel members may not serve again on that child’s PRP for another evaluation of the child’s continued placement in a restrictive setting.
The child can request placement reconsideration by either notifying the case manager or by instructing their representative (attorney or Child Advocate) to request a panel review. The care provider or UC representative requests the panel review by emailing UCHearings@acf.hhs.gov.
The child can seek review of their placement by either of the following:
- Panel consideration of written documents only; or
- Panel consideration of written documents and a live hearing before the panel.
Only written documents provided for evidence at the time of the request for a PRP and the written statement provided by the child and/or their representative will be considered by the panel in making the recommendation. ORR carries the burden of demonstrating by clear and convincing evidence that sufficient grounds exist for the restrictive placement. Clear and convincing means the conclusion is highly and substantially more likely to be true than untrue. Here, this means that the panel must demonstrate that the available evidence and facts make it highly and substantially more likely than not that placement in the proposed setting is appropriate. The panel’s review considers whether the evidence supporting the most recently issued NOP decision sufficiently demonstrates that the child is a danger to self or others and continues to meet the criteria as stated on the NOP. Should the child opt to have a hearing, the child, or their representative, may call live witnesses or cross-examine ORR’s witnesses. However, such witnesses must appear voluntarily as the PRP cannot compel witnesses to attend hearings or provide testimony.
The panel makes one of the following decisions:
- Affirm the NOP decision to continue the current placement;
- Remand the matter to the FFS for further consideration based on the panel’s recommendations; or
- Reverse the NOP decision with instructions for the transfer of the UC to another facility.
The PRP’s decision is final. However, a child who receives an adverse decision by a PRP can initiate a new request upon receipt of a new NOP that continues their current placement or transfer to another restrictive facility.
Revised 10/27/22
1.4.8 Transfers for Saravia Class Members
For a Saravia class member (see Section 1.3.6 Saravia Intakes Screening and Placement Determinations for a definition of class membership) who does not prevail in his or her Saravia hearing — meaning an immigration judge has ruled that the minor is a danger to self or others and/or a flight risk and must remain in ORR care and custody — ORR follows its standard policies and procedures for transfer of the UAC (see Section 1.4 Transfers within the ORR Care Provider Network).
Conversely, if a Saravia class member returns to ORR custody after having prevailed at his or her Saravia hearing, the UAC is placed in a shelter if there is a shelter where the care provider is willing and able to accept the child. If the UAC was in ORR custody in a restrictive setting (i.e. secure, staff secure, or residential treatment center) prior to prevailing at the Saravia hearing and cannot be released to the minor’s prior sponsor (see Section 2.8.7 Release of Saravia Class Members), the minor must be transferred to a shelter facility if there is such a facility able and willing to accept the minor.
Likewise, for a Saravia class member who prevailed at his or her Saravia hearings, ORR does not use the previous allegations of gang affiliation or involvement that led to the arrest by a federal agency as the basis for placement in a restrictive setting, or to delay release (see Section 2.8.7 Release of Saravia Class Members).
Posted 02/12/21
1.5 Placement Inquiries
Individuals looking for an unaccompanied alien child who may be in ORR custody may contact the ORR National Call Center, at 1 (800) 203-7001, and leave a message that includes the unaccompanied alien child’s information, caller’s name, contact information, and relationship to the child or youth.(This hotline is operated by an ORR grantee.)
Revised 9/06/16
1.5.1 ORR National Call Center
The ORR National Call Center staff reviews the information to see if the unaccompanied child is currently in ORR custody. The call center staff contacts the caller and notifies them whether or not the child is in ORR custody, taking safety issues into consideration, as described below.5
If the unaccompanied child is in ORR custody, the call center staff does not provide information to the caller regarding where the child is located or with which care provider until communication is deemed safe and appropriate.
The steps in the process include:
- The call center staff notifies the corresponding care provider with the caller’s name, contact information and relationship to the unaccompanied child.
- The care provider determines whether the individual is a safe and approved contact. As deemed appropriate and following ORR’s procedures, the care provider may facilitate communication between the caller and the unaccompanied child.
- The care provider contacts the individual and informs them that the unaccompanied child is safe and in ORR custody.
Revised 10/06/23
1.6 Determining the Age of an Individual without Lawful Immigration Status
The Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA) instructs HHS to devise age determination procedures for individuals without lawful immigration status in consultation with the U.S. Department of Homeland Security (DHS). To carry out the TVPRA provision, HHS and DHS worked jointly to develop the age determination policies and procedures in this section.
Typically, DHS is the agency that apprehends individuals without lawful immigration status, including unaccompanied children (UC), while HHS is the agency responsible for the care and custody of UC transferred to its care. HHS authority to provide care and custody applies only to individuals who have not attained 18 years of age.
Each agency acknowledges the challenges in determining the age of individuals in custody. These challenges include, but are not limited to:
- Unavailable documentation;
- Contradictory or fraudulent identity documentation and/or statements;
- Physical appearance of the individual; and
- Diminished capacity of the individual.
The TVPRA requires the age determination procedures, at a minimum, to take into account multiple forms of evidence. Accordingly, under these procedures, each case must be evaluated carefully based on the totality of all available evidence, including the statement of the individual in question.
Revised 8/31/15
1.6.1 Unaccompanied Children in HHS Custody
HHS may make age determinations of UC when they are in HHS custody if there is a reasonable suspicion that a child in HHS custody is 18 years or older.
In the event there is conflicting evidence regarding the age of an unaccompanied child in HHS custody, the HHS funded care provider case worker shall immediately notify the HHS Federal Field Specialist (FFS). The FFS will make the age determination based on their review of the multiple forms of evidence collected by the care provider. Until the age determination is made, the unaccompanied child is entitled to all services provided to UC in HHS care and custody.
There may be occasions when an unaccompanied child's age is questioned at the time of admission to an HHS funded care provider facility during the intakes process. In those cases, the case manager does not complete the intakes process, but consults with the HHS FFS to make the age determination.
Revised 8/31/15
1.6.2 Instructions for Age Determinations
Case managers should seek the following as evidence when conducting age determinations. Information from each category is not required.
1. Documentation:
- Official government-issued documents, including birth certificates. If the unaccompanied child in question is not in possession of original documentation, or if the authenticity of the original documentation is in question, government officials of the unaccompanied child's home country must be consulted in order to verify the validity of the documentation.
- Other reliable records (e.g., baptismal certificates, school records, medical records) that indicate the unaccompanied child's date of birth.
2. Statements by individuals (including the unaccompanied child) determined to have personal knowledge of the unaccompanied child's age, and who HHS concludes can credibly attest to the age of the unaccompanied child:
- Statements provided by the unaccompanied child regarding their age or birth date. (An unaccompanied child's uncorroborated declaration regarding age is not used as the sole basis for an age determination.)
- Statements from the unaccompanied child's parent(s) or legal guardian(s), if such persons can be identified and contacted.
- Statements from other persons.
- Information from another government agency (Federal, State, local or foreign)
- State/local arrest records.
- Child welfare agency records.
3. Medical Age Assessments:
Medical Age Assessments include both the use of imaging technology, such as radiography, and physical examinations.
Regarding these assessments:
- A medical professional experienced in age assessment method(s) must perform the examination, taking into account the individual’s ethnic and genetic background.
- Dental maturity assessments using radiographs may be used to determine age, but only in conjunction with other evidence.
- As no current medical assessment method can determine an exact age, best practice relies on the estimated probability that an individual is 18 or older. The examining doctor must submit a written report indicating the probability percentage that the individual is a minor or an adult.
- The FFS supervisor must review the determination regarding the age submitted by the examining doctor.
- If an individual’s estimated probability of being 18 or older is 75 percent or greater according to a medical age assessment, and this evidence has been considered in conjunction with the totality of the evidence, ORR may refer the individual to DHS. The 75 percent probability threshold applies to all medical methods and approaches identified by the medical community as appropriate methods for assessing age.
The FFS compiles all pertinent information (e.g., how reasonable suspicion was raised that the subject is over 18, the information referenced, the individuals or agencies consulted, statements and conclusions) and documents it in a memorandum for review and approval by the FFS Supervisor.
FFS then will forward the memo to the care provider facility case manager to be included in the unaccompanied child's case file and to the ICE Detention and Removal Office (DRO) Field Office Juvenile Coordinator (FOJC) for inclusion in the unaccompanied child's A-file.
At any time, an unaccompanied child in ORR care or their designated legal representative may present new information or evidence that they are 18 or older for re-evaluation of an age determination. New information will be reviewed and evaluated by the FFS and, if necessary, the FFS Supervisor, in a timely manner and shared with the DRO FOJC to determine if the current placement is appropriate.
If the new information or evidence indicates that an individual who is presumed to be an unaccompanied child is actually an adult, then HHS will coordinate with the assigned FOJC to transfer the individual out of ORR custody.
Revised 4/13/22
1.7 Placement and Operations During an Influx [REPEALED]
Policies related to influx care facilities are found at Section 7 of this Policy Guide
1.7.1 Activation of HPCs[REPEALED]
1.7.2 Placement into HPCs [REPEALED]
1.7.3 Placement into Influx Care Facilities [REPEALED]
1.7.4 Admission and Orientation for HPCs and Influx Care Facilities [REPEALED]
1.7.5 Medical Services [REPEALED]
1.7.6 HPC and Influx Care Facility Services [REPEALED]
1.7.7 Transportation During Influx [REPEALED]
1.7.8 Federal Staffing Plan [REPEALED]
Footnotes
1. Delinquency and delinquent act refers to behavior by a UC that would be considered a crime if performed by an adult.
2. Refers to behavior by a UC that would be considered a crime if performed by an adult.
3. Other circumstances which would result in a longer stay, such as the child’s country of origin is in a state of emergency, indicating that the child will likely not be repatriated for an extended period of time.
4. Evidence indicating the appropriateness of the placement is highly probable or reasonably certain.
5. ORR National Call Center also has other functions including assisting potential sponsors in beginning the safe and timely release process (See Section 2.2.3 The Application for Release); linking released children and their families or sponsors with services in their local communities (See Section 2.8.4 Safety and Well Being Follow Up Call); and fielding calls form released children, family members, sponsors, legal service providers, child advocates, and other members of the community requesting assistance or reporting concerns. The ORRNCC can provide assistance with filing a “change of venue”/ “change of address” motion in immigration proceedings and provide vaccination records upon request. The ORRNCC creates safety plans for children or sponsors experiencing domestic violence, child abuse or neglect, self-harm (including suicide attempts), placement disruption, and human trafficking. The ORRNCC reports, as appropriate, matters of concern to ORR, local law enforcement, and/or local child protective services and refers potential victims of human trafficking to the Office on Trafficking in Persons. (See Section 6.2.1 Referrals and Eligibility and 6.8.6 Notification of Concern).