ORR Unaccompanied Children Bureau Policy Guide: Section 7

The Office of Refugee Resettlement (ORR) modified its policies regarding Influx Care Facilities (ICFs) to recognize language adopted as part of the bipartisan Emergency Supplemental Appropriations for Humanitarian Assistance and Security at the Southern Border Act, 2019, Pub. L. 116-26 (July 1, 2019) and adopted in the Further Consolidated Appropriations Act, 2020, Pub. L. 116-94 (December 20, 2019); the Consolidated Appropriations Act, 2021, Pub. L. 116-68 (December 1, 2020); the Consolidated Appropriations Act, 2022, Pub. L. 117-103 (March 15, 2022); the Consolidated Appropriations Act, 2023, Pub. L. 117-328 (December 29, 2022), and the Further Consolidated Appropriations Act, 2024, Pub. L. 118-47 (March 23, 2024). These revised policies are intended to recognize the expectations of the U.S. House of Representatives leadership with respect to a 90-day length of stay for unaccompanied children placed in ICFs (with some exceptions, such as for cases where a unaccompanied child is soon to be reunified). See generally, Speaker’s July 1, 2019 Letter; see also, H. Rpt. 116-450  (PDF). The standards are intended to build upon and further protect unaccompanied children placed in ICFs. These standards are not intended to expand placement criteria for unaccompanied children who may be placed into such a facility. These policies replaced UC Policy Guide Section 1.7 in 2019. The provisions related to services apply to the contract or grant terms and conditions of ORR’s non-State licensed ICFs.

Additionally, ORR modified its policies regarding ICFs to recognize language adopted as part of the final Unaccompanied Children Program Foundational Rule , which became effective on July 1, 2024.

Revised 08/01/2024

 

Section 7.1 Overview

ORR regularly reevaluates the number of standard program placements needed for unaccompanied children to determine whether the number of shelters, heightened supervision facilities, and ORR transitional foster care beds should be adjusted to accommodate an increased or decreased number of unaccompanied children eligible for placement in care in ORR care provider facilities.

In the event of an emergency or influx that prevents the prompt placement of unaccompanied children in standard programs, ORR arranges for the use of emergency or influx facilities to provide supplemental bed capacity.

Emergency is an act or event (including, but not limited to, a natural disaster, facility fire, civil disturbance, or medical or public health concerns at one (1) or more facilities) that prevents timely transport or placement of unaccompanied children, or otherwise impacts the care or services provided to unaccompanied children.

Influx is, for purposes of HHS operations, a situation in which the net bed capacity of ORR's standard programs that is occupied or held for placement by unaccompanied children meets or exceeds 85 percent for a period of seven (7) consecutive days.

Emergency or influx facility (EIF) is a type of care provider facility that opens temporarily to provide shelter and services for unaccompanied children during an influx or emergency. An EIF is not defined as a standard program, shelter, or secure facility. Because of the emergency nature of EIFs, they may be unlicensed or may be exempted from licensing requirements by State and/or local licensing agencies. EIFs may be operated on federally owned or leased property. The requirements listed under Section 7.5 Influx Care Facility Minimum Services and Section 7.5.1 Influx Care Facility Service Standards apply to all EIFs.

Influx care facility (ICF) is a type of EIF. All requirements for an EIF apply to an ICF. Section 7: Policies for Influx Care Facilities addresses requirements for ICFs.

Revised 08/01/2024
 

7.2 Placement into Influx Care Facilities

This section covers placement criteria and describes when ORR activates and ceases placement at an influx care facility (ICF).

ORR maintains a list of unaccompanied children affected by the emergency or influx including each unaccompanied child’s: 

• Name;
• Date and country of birth;
• Date of placement in ORR’s custody; and
• Place and date of current placement. 

Revised 08/01/2024
 

7.2.1 Criteria for Placement

Designated placement of an unaccompanied children into an influx care facility (ICF) must, to the extent feasible, meet the below seven (7) criteria. If ORR becomes aware that a child does not meet any of the criteria at any time after placement into an ICF, ORR transfers the unaccompanied child to the least restrictive setting appropriate for that child’s need as expeditiously as possible. ORR prioritizes transferring children who do not meet the criteria for ICF placement to other ORR standard facilities, ahead of referrals from U.S. Customs and Border Patrol that do meet the criteria for placement in ICFs.

ORR only places a child in an ICF if the child:

1. Is expected to be released to a sponsor within 30 days;
2. Is age 13 or older;
3. Speaks English or Spanish as their preferred language;
4. Does not have a known disability or other mental health or medical issue or dental issue requiring additional evaluation, treatment, or monitoring by a healthcare provider;
5. Is not a pregnant or parenting teenager;
6. Would not have a diminution of legal services as a result of the transfer to an ICF; and
7. Is not a danger to self or others (including not having been charged with or convicted of a criminal offense).

ORR also considers the following factors for the placement of an unaccompanied child in an ICF:

• The unaccompanied child is not a part of a sibling group with a sibling(s) age 12 years or younger;
• The unaccompanied child is not subject to a pending age determination (see Section 1.6 Determining the Age of an Individual without Lawful Immigration Status);
• The unaccompanied child is not involved in an active State licensing, child protective services, or law enforcement investigation, or an investigation resulting from a sexual abuse allegation;
• The unaccompanied child does not have a pending home study (see Section 2.4 Sponsor Assessment Criteria and Home Studies);
• The unaccompanied child is not turning 18 years old within 30 days of the transfer to an ICF;
• The unaccompanied child is not scheduled to be discharged in three (3) days or less;
• The unaccompanied child does not have a scheduled hearing date in immigration court or State/family court (juvenile included), and does not have an attorney of record or U.S. Department of Justice (DOJ) Accredited Representative;
• The unaccompanied child is medically cleared and vaccinated as required by the ICF (for instance, if the ICF is on a U.S. Department of Defense site);
• Have a completed Medical Checklist for Influx Transfers; and
• The unaccompanied child has no known mental health, dental, or medical issues, including contagious diseases requiring additional evaluation, treatment, or monitoring by a healthcare provider.

Revised 08/01/2024

7.2.2 Operational Capacity

ORR may activate and open an influx care facility (ICF) when ORR’s operational capacity is at or exceeds 85 percent for a period of three (3) days. Operational capacity refers to the net bed capacity of ORR’s State-licensed shelters and transitional foster care programs. See Section 7.2.1 Criteria for Placement.

ORR ceases placements of unaccompanied children at an ICF if operational capacity drops below 85 percent for a period of at least seven (7) consecutive days.

ORR provides for the orderly transfer of unaccompanied children from an ICF provided operational capacity is below 75 percent and the transfer of unaccompanied children from ICFs into ORR’s licensed permanent network does not raise operational capacity above 75 percent.

Revised 08/01/2024

7.2.3 Transfers to Influx Care Facilities from Emergency Intake Sites

An unaccompanied child may be placed into an influx care facility (ICF) as a transfer from an Emergency Intake Site (EIS), if they are identified as a particularly vulnerable child (See Field Guidance #13, Section 3. Particularly Vulnerable Children), are currently placed at an EIS, and there is no available bed at a state-licensed program, nor a formerly state-licensed or standard program (that is no longer state-licensed solely by reasons of a state action discontinuing licensing of ORR care provider facilities in the state.

If a particularly vulnerable child is placed at an EIS, the child shall be transferred to a state-licensed or standard program within 14 days of a determination that the child is a particularly vulnerable child, unless the child’s release is imminent, or the transfer would require separation of sibling groups. If no bed is available in a state-licensed or standard program, ORR will transfer the child to an ICF from an EIS within 14 days of determining that the child is a particularly vulnerable child, unless the child’s release is imminent, or the transfer would require separation of sibling groups.

Revised 08/01/2024

7.3 Transfers during an Influx

Except as specified below, ORR transfers or discharges an unaccompanied child from an influx care facility (ICF) within 90 days of admission into the facility. The day of admission and the day of discharge or transfer will count as part of the 90 days. An unaccompanied child approaching 90 days should receive priority for transfers to State-licensed, permanent facilities. If a child is not transferred from an ICF after 90 days, the case manager documents the reason for not transferring the child, and then documents, on a weekly basis, the reason(s) why the child has not been transferred until the child is transferred or discharged.

ORR does not transfer an unaccompanied child from an ICF if:

• The unaccompanied child is approaching the 90-day mark, but is likely to be released to a sponsor in less than 30 days;
• There is no available bed in a State-licensed, permanent facility appropriate for the unaccompanied child;
• The unaccompanied child and the child’s parent or legal guardian objects to the child’s transfer to a licensed facility; or
• The child has, or was exposed to, an infectious disease of public health concern, and based on a medical professional’s assessment, should not be transferred during the recommended isolation or quarantine period in order to reduce transmission of disease and protect public health. 

ORR may consider delaying transfer if:

• State or local law enforcement requests the child not be transferred if doing so would prevent law enforcement or other State or local government officials from interviewing the child or securing the child’s presence for a judicial or administrative hearing, as part of a lawful investigation;
• The child is not physically placed at the ICF, but in an out-of-network State-licensed facility; or
• The unaccompanied child’s attorney of record requests that the child not be transferred, and the child agrees. 

Revised 08/01/2024

7.4 Influx Care Facility Admissions and Orientation

As expeditiously as possible, but within four (4) hours of an unaccompanied child's placement into an influx care facility (ICF), the provider will:

• Admit the child to the program in ORR’s case management database;
• Offer the child a meal and/or snack;
• Offer the child an opportunity to shower, provide lice treatment if indicated, and give clean clothing;
• Complete an inventory of the child’s belongings and U.S. Department of Homeland Security (DHS) paperwork; and
• Review and have the unaccompanied child sign the Notice of Placement in an Influx Care Facility form.

Within twenty-four (24) hours of arrival, the ICF:

• Provides the unaccompanied child with all documents from the Legal Resource Guide;
• Explains rules and responsibilities, grievance procedures, and sexual abuse reporting procedures;
• Provides the child with an orientation on topics related to sexual abuse and sexual harassment (see Section 4.7 Educating Children);
• Completes the Initial Intakes Assessment in the ORR case management database
• Contacts the child’s family (following safety protocols) to notify them of the child’s placement and determines if the child has a potential sponsor who resides in the United States;
• Informs the child’s family about the application process for the safe and timely release of an unaccompanied child to a sponsor (see Section 2.2.4 Required Documents for Submission with the Application for Release); and
• Informs the child’s parent/legal guardian and identified potential sponsor that the placement is temporary and that if the child is transferred to another ORR care provider, the parent/legal guardian and potential sponsor will be notified.

Revised 08/01/2024

7.5 Influx Care Facility Minimum Services

Influx care facilities (ICFs), must provide the following services for each child in their care.

1. Proper physical care and maintenance, including suitable living accommodations, appropriate clothing, and personal grooming items.
2. Appropriate routine medical and dental care; family planning services, including pregnancy tests; comprehensive information about and access to medical services requiring heightened ORR involvement; and emergency health care services; a complete medical examination (including screenings for infectious diseases) within 48 hours of admission, excluding weekends and holidays, unless the unaccompanied child was recently examined at another ORR care provider facility; appropriate immunizations as recommended by the Advisory Committee on Immunization Practices’ Child and Adolescent Immunization Schedule and approved by HHS’ Centers for Disease Control and Prevention; administration of prescribed medication and special diets; and appropriate mental health interventions when necessary.
3. An individualized needs assessment, which includes the various initial intake forms, identification of the unaccompanied child's individualized needs including any specific problems which appear to require immediate intervention, an educational assessment and plan, and whether an indigenous language speaker; a statement of religious preference and practice; and an assessment of the unaccompanied child's personal goals, strengths, and weaknesses.
4. Educational services appropriate to the unaccompanied child’s level of development and communication skills in a structured classroom setting Monday through Friday, which concentrates on the development of basic academic competencies, and on English Language acquisition. The educational program shall include instruction and educational and other reading materials in such languages as needed. Basic academic areas may include such subjects as science, social studies, math, reading, writing, and physical education. The program must provide unaccompanied children with appropriate reading materials in languages other than English for use during leisure time.
5. Activities according to a recreation and leisure time plan that include daily outdoor activity — weather permitting — with at least one hour per day of large muscle activity and one hour per day of structured leisure time activities (that must not include time spent watching television). Activities should be increased to a total of three hours on days when school is not in session.
6. At least one individual counseling session per week conducted by trained social work staff with the specific objective of reviewing the child’s progress, establishing new short- term objectives, and addressing both the developmental and crisis-related needs of each child.
7. Group counseling sessions at least twice a week.
8. Acculturation and adaptation services that include information regarding the development of social and interpersonal skills that contribute to those abilities necessary to live independently and responsibly.
9. Whenever possible, access to religious services of the child’s choice.
10. Visitation and contact with family members (regardless of their immigration status), which is structured to encourage such visitation. The staff must respect the child’s privacy while reasonably preventing the unauthorized release of the unaccompanied child.
11. A reasonable right to privacy, which includes the right to wear the child’s own clothes when available, retain a private space for the storage of personal belongings, talk privately on the phone and visit privately with guests, as permitted by the house rules and regulations, receive and send uncensored mail unless there is a reasonable belief that the mail contains contraband.
12. Legal services information, including the availability of free legal assistance, and that they may be represented by counsel at no expense to the Government, the right to a removal hearing before an immigration judge, the ability to apply for asylum with USCIS in the first instance, and the ability to request voluntary departure in lieu of removal. This information is included in the Legal Resource Guide for Unaccompanied Children.
13. ICFs, whether state-licensed or not, must comply, to the greatest extent possible, with all State child welfare laws and regulations (such as mandatory reporting of abuse), as well as all State and local building, fire, health and safety codes, that ORR determines are applicable to non-State licensed facilities.¹
14. ICFs must deliver services in a manner that is sensitive to the age, culture, native language, and complex needs of each unaccompanied child. ICFs must develop an individual service plan for the care of each child.

 The above requirements apply to all Emergency or influx facilities (EIFs). 

Revised 08/01/2024

7.5.1 Influx Care Facility Service Standards

Influx care facilities (ICFs) must do the following when providing services to unaccompanied children:

1. Maintain safe and sanitary conditions that are consistent with ORR’s concern for the particular vulnerability of children;
2. Provide access to toilets, showers and sinks, as well as personal hygiene items such as soap, toothpaste and toothbrushes, floss, towels, feminine care items, and other similar items;
3. Provide drinking water and food;
4. Provide medical assistance if the unaccompanied child is in need of emergency services and provide a modified medical examination;
5. Maintain adequate temperature control and ventilation;
6. Provide adequate supervision to protect unaccompanied children;
7. Separate from other unaccompanied children those unaccompanied children who are subsequently found to have past criminal or juvenile detention histories or have perpetrated sexual abuse that present a danger to themselves or others;
8. Provide contact with family members who were apprehended with the unaccompanied child;
9. Provide access to legal services;
10. Provide family unification services designed to identify relatives in the United States as well as in foreign countries and assistance in obtaining legal guardianship when necessary for the release of the unaccompanied child;
11. Provide an individualized needs assessment, which includes the collection of essential data relating to the identification and history of the child and the child's family; an assessment of family relationships and interaction with adults, peers and authority figures; and identifying information regarding immediate family members, other relatives, godparents or friends who may be residing in the United States and may be able to assist in connecting the child with family members;
12. Provide a comprehensive orientation regarding program intent, services, rules (written and verbal), expectations, information about U.S. child labor laws, and the availability of legal assistance; and
13. Maintain records of case files and make regular reports to ORR. EIFs must have accountability systems in place, which preserve the confidentiality of client information and protect the records from unauthorized use or disclosure.

The above requirements apply to all Emergency or influx facilities (EIFs).

Revised 08/01/2024

7.5.2 Influx Care Facility Medical Service

As part of contract or grant terms and conditions, ORR requires non-State licensed influx care facilities (ICFs) to follow and comply with Section 3.4 Health Care Services.

ICFs may require children to be medically cleared and vaccinated prior to arrival at the facility. All children transferred into ICFs from other ORR care facilities must have a completed Medical Checklist for Influx Transfers.

Posted 9/18/19

7.6 Temporary Waivers for Influx Care Facilities

ORR may grant waivers of the services in Section 7.5 Influx Care Facilities Minimum Services the standards in Section 7.7 Influx Care Facility Staffing Levels, in whole or in part. ORR may never grant a waiver for any standard found in Section 7.5.1. Waivers granted under Section 7.5 and Section 7.7 must meet the following criteria:

1. Initial Waiver

ORR may grant an initial waiver during the first six (6) months of an Influx Care Facility (ICF) activation, to the extent that ORR determines that the specific waivers requested are necessary because it would be operationally infeasible to comply with the specified standards and are granted for no longer than necessary in light of operational feasibility, and the waivers are granted in accordance with law. Such waiver or waivers must be made publicly available. Even where a waiver is granted, ICFs shall make all efforts to meet requisite standards under Section 7.5 and Section 7.7 as expeditiously as possible.

2. Subsequent waivers after six (6) months

ORR may grant a subsequent 60-day waiver to the extent that ORR determines that the specific waivers requested are necessary because it would be operationally infeasible to comply with the specified standards and are granted for no longer than necessary in light of operational feasibility, and the waivers are granted in accordance with law. Such waiver or waivers must be made publicly available. Even where a waiver is granted, ICFs shall make all efforts to meet requisite standards under Section 7.5 and Section 7.7 as expeditiously as possible. ORR does not grant more than four (4) 60-day consecutive waivers to individual influx care facilities.

All influx care providers must provide emergency clinical services in the event a child requests to meet with a mental health care clinician or requires immediate clinical interventions.

Revised 08/01/2024

7.6.1 Notifications to Congress of Waivers

ORR notifies Congress of any waivers made pursuant to "(2) Subsequent waivers after six (6) months" under Sections 7.6 Temporary Waivers for Influx Care Facilities or Section 7.7 Influx Care Facility Staffing Levels, including certification of a contractor or grantee’s good faith efforts and progress towards compliance.

Posted 9/18/19

7.7 Influx Care Facility Staffing Levels

ORR requires non-State-licensed influx care facilities (ICFs) to adhere to a case manager ratio of one (1) case manager for every eight (8) children.

ORR requires non-State-licensed ICFs that are in operation for more than six (6) consecutive months to maintain the following minimum staff ratios standards:

• One (1) on-duty Youth Care Worker for every eight (8) children during waking hours; and
• One (1) on-duty Youth Care Worker for every sixteen (16) children during sleeping hours
• The same clinician- and mental health staff-to-children ratio as required in standard ORR cooperative agreements or contracts for State-licensed facilities.

To the extent practicable, ORR may grant a 60-day waiver for contractor’s or grantee’s non-compliance with this section. ORR is prohibited from granting more than four (4) consecutive waivers.²

Posted 4/14/22

7.8 Influx Care Facility Federal Staffing Plan

ORR identifies Federal staff to deploy to each influx care facility on federally funded, leased, or owned property to oversee the implementation of all policies and procedures while children are placed and cared for at each location.

Revised 08/01/2024

7.9 Requests to Visit Influx Care Facilities

ORR applies the same policies included in Section 5.1 Responding to Inquiries from the Media and 5.2 ORR Policies on Requests to Tour ORR Care Provider Facilities. All visitors and potential visitors must comply with the requirements of those sections.

Posted 9/18/19

7.10 Influx Care Facility Monitoring

For any unlicensed influx care facility (ICF) in operation for more than three (3) consecutive months, ORR will conduct a minimum of one (1) comprehensive monitoring visit during the first three (3) months of operation, with quarterly monitoring visits thereafter. The comprehensive monitoring visit taking place within the first three (3) months of operation includes all the monitoring activities outlined in Section 5.5.1 ORR Monitoring Activities.

All ICFs are required to comply with Section 5.5.1, Section 5.5.2 Follow Up and Corrective Actions and Section 5.5.5 Care Provider Internal Program Monitoring, Evaluation, and Quality Assurance.

Posted 9/18/19

7.11 Agreements with Federal, State, and/or Local Security Providers

ORR enters into agreements with Federal, State, and/or local security providers or law enforcement entities to protect life and property, and investigate crimes within the confines of influx care facilities.

Posted 9/18/19

Footnotes

1. It is likely that many such laws would not be applicable, either because the unaccompanied children are in Federal and not State legal custody; or because the State or local government officials lack jurisdiction. In such cases, ORR may include in contract or grant terms and conditions state or local zoning or fire codes, in accordance with Federal requirements, including use of fire and life safety inspections, and food safety inspections.

2. See Consolidated Appropriations Act of 2021, Division H, Title II, Sec. 232, (1)(B); Consolidated Appropriations Act, 2022, Division H, Title II, Section 231, (1)(B); Consolidated Appropriations Act, 2023 Division H, Title II, Section 231, (1)(B); Further Consolidated Appropriations Act, 2024, Division D, Title II, Section 231, (3).