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Children Entering the United States Unaccompanied: Record of Posting and Revision Dates

Published: February 19, 2016
Categories:
Unaccompanied Children's Services
Section Title Original Posting Date Date(s) of Revision / Revision Description
Section 1: Placement in ORR Care Provider Facilities 1/27/15 Not Applicable
1.1 Summary of Policies 1/27/15 Not Applicable
1.2 ORR Standards for Placement & Transfer Decisions 1/27/15 Not Applicable
1.2.1 Placement Considerations 1/27/15 Not Applicable
1.2.2 Children with Special Needs 1/27/15 Not Applicable
1.2.3 Safety Issues 1/27/15 Not Applicable
1.2.4 Secure & Staff Secure Care Provider Facilities 1/27/15 6/12/17 - Revised criteria for placement into secure and staff secure facilities.
10/10/18 - Revised language to clarify when placement in a restrictive setting may be made and under what circumstances. Removed language that allowed placement of UAC with gang involvement or affiliation into a secure facility. Added staff secure placement factors to include UAC with gang involvement or affiliation.
1.2.5 UAC Who Pose Risk of Escape 1/27/15 6/12/17 - Non-substantive revisions for clarity.
1.2.6 ORR Long Term foster Care 1/27/15 10/5/15 - Clarified that ORR may waive the requirement that a legal service provider identify the UAC as eligible for immigration relief as well as the requirement that the UAC be under the age of 17 years and 6 months at the time of the child’s placement into an ORR long term foster care program.
1.2.7 Placing Family Members 1/27/15 Not Applicable
1.3 Referrals to ORR and Initial Placement 1/27/15 Not Applicable
1.3.1 Request for Information from Referring Fed Agency 1/27/15 Not Applicable
1.3.2 ORR Placement Designation 1/27/15 4/22/16 - Added human trafficking or smuggling and drug smuggling to the criteria for using the Placement Tool.
10/10/18 - Added references to the Intakes Placement Checklist. Added criteria for consideration of placement into an RTC.
1.3.3 Care Provider Placement Acceptance 1/27/15 Not Applicable
1.3.4 Transfer of Custody to ORR 1/27/15 Not Applicable
1.3.5 Initial Placements in the Event of an Emergency or Influx 1/27/15 5/4/16 - Added hyperlink to related section 1.7 Placement and Operations During an Influx
1.4 Transfers within the ORR Care Provider Network 1/27/15 4/22/16 - Clarified that the FFS  makes the final transfer decision.
1.4.1 Least Restrictive Setting 1/27/15 Not Applicable
1.4.2 30 Day Restrictive Placement Case Review 1/27/15 6/12/17- Clarified use of the Placement Tool, and 30 day review process. Requires Supervisory FFS review of cases in secure placements for over 90 days. Clarified policy on how ORR investigates the veracity of criminal or violent history self-disclosed by a UAC. Revises criteria for step-ups and step-downs. Allows for attorneys, LSPs, and child advocates to be given documents related to a UAC’s step-up/step-down without the need to file a case file request. 
10/10/18 - Removed references to the FAST tool. Included language to specifically add RTCs to the 30 day restrictive placement review process.
1.4.3 Long Term Care 1/27/15 Not Applicable
1.4.4 Transfer to Long Term Care 1/27/15 Not Applicable
1.4.5 Group Transfers 1/27/15 4/22/16 - Added emergency event or natural disaster to list of criteria for group transfers.
1.4.6 RTC Placements 1/27/15 10/10/18 - Updated placement criteria for RTCs to specify the child must be a danger to self or others as determined by a licensed psychologist or psychiatrist.
1.4.7  Requesting Reconsideration of a Secure or RTC Placement Designation 6/12/17 Not Applicable
1.5 Placement Inquiries 1/27/15 Not Applicable
1.5.1 ORR National Call Center 1/27/15 Not Applicable
1.6 Determining the Age of an Individual w/o Lawful Immigration Status 5/11/15 8/31/15 - Minor modifications to the existing policy developed jointly by DHS and ORR on determining the age of unaccompanied alien children when no other information is available.
1.6.1 UAC in HHS Custody 5/11/15 8/31/15 - Minor modifications to the existing policy developed jointly by DHS and ORR on determining the age of unaccompanied alien children when no other information is available.
1.6.2 Instructions 5/11/15 8/31/15 - Minor modifications to the existing policy developed jointly by DHS and ORR on determining the age of unaccompanied alien children when no other information is available.
7/5/16 - Clarified that dental and skeletal (bone) maturity assessments using radiographs may be used to determine age only in conjunction with other evidence.
1.7 Placement and Operations During an Influx 3/21/15 9/18/19 – REPEALED. Policies related to influx care facilities are under Section 7.
1.7.1 Activation of HPCs 3/21/15 9/18/19 – REPEALED. Policies related to influx care facilities are under Section 7.
1.7.2 Placement into HPCs 3/21/15 9/18/19 – REPEALED. Policies related to influx care facilities are under Section 7.
1.7.3 Placement into Influx Care Facilities 3/21/15 9/18/19 – REPEALED. Policies related to influx care facilities are under Section 7.
1.7.4 Admission and Orientation for HPCs and Influx Care Facilities 3/21/15 9/18/19 – REPEALED. Policies related to influx care facilities are under Section 7.
1.7.5 Medical Services 3/21/15 9/18/19 – REPEALED. Policies related to influx care facilities are under Section 7.
1.7.6 HPC and Influx Care Facility Services 3/21/15 9/18/19 – REPEALED. Policies related to influx care facilities are under Section 7.
1.7.7 Transportation During Influx 3/21/15 9/18/19 – REPEALED. Policies related to influx care facilities are under Section 7.
1.7.8 Federal Staffing Plan 3/21/15 9/18/19 – REPEALED. Policies related to influx care facilities are under Section 7.
Section 2: Safe and Timely Release from ORR Care 1/27/15 Not Applicable
2.1 Summary of the Safe and Timely Release Process 1/27/15 6/18/19 - Revised wording to provide clarity.
2.2 Application for the Safe & Timely Release of UAC from ORR Care 1/27/15 6/18/19 - Renamed section and revised wording to provide clarity.
2.2.1 Identification of Qualified Sponsors 1/27/15

4/7/15 - Clarification that first cousins are Category 2 sponsors

4/11/16 - Clarification of sponsor category for children of unaccompanied alien children.

6/18/19 - Split category 2 sponsors into two separate sponsor categories, category 2A and category 2B.

2.2.2 Contacting Potential Sponsors 1/27/15 Not Applicable
2.2.3 The Application for Release 1/27/15

8/24/15 - Added clarification that care providers confirm the relationship of Category 3 sponsors who have a distant relation with youth but no supporting documentation

1/9/17 - Clarified that the care provider informs potential sponsors that they may submit additional information not requested in the FRA, in order to support their application for release of a child.

6/7/18 - Revised to reflect updated fingerprint instructions

6/18/19 - Renamed section and revised list of documents included in the FRP.

2.2.4 Required Documents for Submission with the Application for Release 1/27/15

09/19/16 - Added guidance on the types of documents ORR accepts as evidence of the sponsor’s identity, the identity of household members and adults identified in a sponsor care plan, the sponsor’s address, the child’s identity, and the sponsor-child relationship.

10/3/16 - Revisions to the list of acceptable documents to prove identity for sponsors and household members.

11/14/16 - Updated list of acceptable identity documents, and added an alternative method to verify sponsor address.

4/16/19 – Removed a reference to the Family Reunification Checklist for Sponsors, which was discontinued in April 2018.

6/18/19 - Added a proof of immigration status or U.S. citizenship requirement and an explanation of what is required for category 2A sponsors who need to prove they are/were a primary caregiver.

7/3/19 - Revised policy on release to Cat 3 sponsors who do not have a bona fide preexisting relationship with the UAC.

2.2.5 LOPC 1/27/15 12/4/17 - Added attendance at LOPC presentation as an assessment criteria.
2.2.6 Additional Q&As on Topic 1/27/15 Not Applicable
2.3 Key Participants in Release Process 1/27/15

8/1/2016 - Added reference to Child Advocates as participants in the release process and after-care planning.

6/18/19 - Revised wording to provide clarity.

2.3.1 ORR/FFS 1/27/15

3/15/16 - Added new footnote (FN4) regarding approval of discretionary home studies described in Section 2.4.2.

8/1/16 - Added reference to Child Advocates as participants in the release process and after-care planning.

2.3.2 Case Managers 1/27/15

8/1/16 - Added reference to Child Advocates as participants in the release process and after-care planning.

4/24/17 - Added requirement that Case Managers provide weekly status updates (monthly for children in LTFC) to the UAC on the child’s case and provision of services, preferably in person.

6/7/18 - Updated to reflect additional case manager duties regarding information sharing and notifications

2.3.3 Case Coordinators 1/27/15 8/1/16 – Added reference to Child Advocates as participants in the release process and after-care planning.
2.3.4 Child Advocates 8/1/16 Not Applicable
2.4 Sponsor Assessment & Home Studies 1/27/15 03/15/16
2.4.1 Assessment Criteria 1/27/15 12/4/17 - Added attendance at LOPC presentation as an assessment criteria.
2.4.2 Home Study Requirements 1/27/15

7/27/15 - Added “ORR also requires a mandatory home study before releasing any child to a non-relative sponsor who is seeking to sponsor multiple children, or has previously sponsored a child and is seeking to sponsor additional children.”

9/14/15 - Added Q&As on mandatory home study questions

3/15/16 - Added policy on discretionary home studies, which may be recommended by the Case Manager and Case Coordinator where a home study is not already required, but must be approved by an ORR/FFS Supervisor.

3/28/16 - Added the requirement that ORR requires a home study for children who are 12 years and under before releasing to a non-relative sponsor.

5/9/16 - Provided additional information about House Studies and the Home Study Report and Recommendation.

1/9/17 - Clarified that the care provider must inform the potential sponsor whenever a home study is conducted, and provide a copy of the home study report to potential sponsors whose release requests are denied.

2.4.3 Additional Q&A on Topic 1/27/15 Not Applicable
2.5 ORR Policies on Requesting Background Checks of Sponsors 1/27/15

1/17/16 - Added the note that an Authorization for Release of Information is no longer required to perform either a public records check or sex offender registry check.

6/7/18 - Updated background check policies

12/18/18 - Added “when applicable” to fingerprint submission requirements to reflect changes to background check policies.

6/18/19 - Renamed section and revised wording to provide clarity.

2.5.1 Criteria for Background Checks 1/27/15

3/23/15 - Added requirement that all Category 3 sponsors must undergo Child Abuse and Neglect Checks.

1/17/16 - Summary of changes:
- All individuals undergoing a public records check will also undergo a sex offender registry check.
- All non-sponsor adult household members and adult care givers identified in a sponsor care plan will undergo a public records check and a sex offender registry check.
- A revised Family Reunification Application will collect the date of birth of household members and contact and biographic information of adult care givers identified in the sponsor care plan. This information is needed to perform the public records check and sex offender registry check.

3/31/16 - Clarified home study policies.

4/11/16 – Clarification that table represents minimum standards.

6/7/18 - Updates with changes to background checks by DHS and fingerprint and background check requirements

12/18/18 - Revised criteria and table to reflect changes to fingerprint submission requirements for some household members.

6/18/19 - Added a brief description of the transmission process for background checks, including identification of Federal and state agencies involved in the process. Removed requirement of DHS immigration status checks and criminal history checks. Revised/added fingerprint check criteria for category 1, 2A, and 2B sponsors. Revised CA/N check criteria for category 3 sponsors.

2.5.2 Results of Background Checks on Release Decisions 1/27/15

6/7/18 - Added information sharing policy to results of background checks

6/18/19 - Revised information sharing policy for results of background checks. Made policy on criminal history also applicable to adverse child welfare findings. Moved language on sponsor immigration status to Section 2.6. Added policy concerning derogatory information obtained after the child is released. Updated table on next steps to remove language on immigration status, add language on criminal history pending results, and revise language on CA/N checks pending results.

2.5.3 Additional Q&A on topic 1/27/15

6/7/18 - Clarified that adult household members must agree to a background check.

6/18/19 - Renamed section. Removed question on deadline for providing fingerprints. Revised answers to Q1, Q4, and Q5. Added questions Q6 and Q7, relating to information sharing of background check results.

2.6 Sponsor Immigration Status and Release of UAC 1/27/15

6/7/18 - Added information sharing policy to section

6/18/19 - Added language that was previously in Section 2.5.2 on use of immigration status information. Removed all subsections.

2.6.1 Application Process 1/27/15 6/18/19 - Removed subsection.
2.6.2 Fingerprints 1/27/15

6/7/18 - Updated with new fingerprinting requirements and information sharing

6/18/19 - Removed subsection.

2.6.3 Other Background Checks Related to Immigration 1/27/15 6/18/19 - Removed subsection.
2.6.4 Results of Immigration-Related Checks 1/27/15

6/7/18 - Added link to sponsor care plan section

6/18/19 - Removed subsection.

2.7 Recommendations and Decisions on Release 1/27/15

3/15/16 - Added description of care providers’ duty to provide ORR with recommendations concerning release of unaccompanied alien children in their care

8/1/16 - Added reference to Child Advocates as participants in the release process and after-care planning.

6/12/17 - Requirement that the ORR Director, or designee, review any case for release where the UAC is placed at or previously placed at a secure or staff-secure facility.

6/29/18 - Director review removed.

2.7.1 Approve Release Decisions 1/27/15 Not Applicable
2.7.2 Approve Release with Post-Release Services 1/27/15 4/16/19 – Removed a reference to post release service timeframes and added a hyperlink to section 6.2.
2.7.3 Conduct a HS Before Final Release Decision 1/27/15 Not Applicable
2.7.4 Deny Release Request 1/27/15

1/17/16 - Certain criminal history and substantiated child welfare findings will automatically disqualify potential Category 2 and Category 3 sponsors. Additionally, disqualifying criteria now appears only in section 2.7.4.

6/18/19 - Revised to reflect separation of category 2 sponsors into category 2A and category 2B.

2.7.5 Remand Release Request 1/27/15 Not Applicable
2.7.6 Issues Related to Recommendations and Decisions 1/27/15 6/7/18 - Added post release services to safety plan and added details on sponsor care plan
2.7.7 Notification of Denial
 
1/27/15

1/9/17 - In conjunction with new subsection 2.7.8, revised and expanded policy on sponsors’ ability to request reconsideration of denied release request. Under 2.7.7, distinguished timelines and requirements for notifications of denial to Category 1 potential sponsors and non-Category 1 potential sponsors, as well as denials based solely on a child’s danger to him or herself or the community.

5/2/17 - Extended timeframe for ORR Director’s notification of denial to parent or legal guardian from 7 to 30 days. Changed terminology from “Review and Reconsideration” to “Appeal.”

2.7.8 Appeal of Release Denial 1/9/17 5/2/17 - Streamlined appeal process, allowing appeals to go directly to the Assistant Secretary. Removed role of Reconsideration Officer.  In cases where denial is based on UAC being a danger to self or community, revised policy to allow UAC to appeal, provided that the parent/guardian is not also seeking an appeal.
2.8 Release from ORR Custody 1/27/15 Not Applicable
2.8.1 After Care Planning 1/27/15

8/1/16 - Clarified that Child Advocates have access to their clients’ forms and documents.

6/7/18 - Added reference to sponsor care agreement

2.8.2 Transfer of Physical Custody 1/27/15

03/14/16 - Clarified and added safeguards to the actions care providers must take concerning a sponsor’s presentation of identity documents.

6/18/19 - Added clarification regarding use of travel agents.

2.8.3 Closing the Case File 1/27/15 Not Applicable
2.8.4 Safety & Well Being Follow-Up Call 8/17/15 Not Applicable
2.8.5 Post-Release Services for UAC with Zika Virus Disease or Infection 5/2/16 Not Applicable
2.8.6 Release for Children with Legal Immigration Status 5/8/17 Not Applicable
2.9 Bond Hearings for Unaccompanied Alien Children 7/7/17 7/19/17 - Removed procedural language (revised language to be communicated separately after consultation with partner agencies); specified that Notice will be provided to UAC in secure and staff secure facilities.
Section 3: Services 1/28/15 Not Applicable
3.1 Summary of Services 1/28/15 8/1/16 - Added reference to Child Advocates as participants in the release process and after-care planning.
3.2 Care Provider Admissions & Orientation for UAC 1/28/15 8/1/16 - Added reference to Child Advocates as participants in the release process and after-care planning.
3.2.1 Admissions for UAC 1/28/15

6/12/17 - Added requirement that care providers warn UAC during the admissions process that self-disclosure of criminal or violent history while in care may result in the UAC’s transfer to another care provider and may affect their release.

4/3/18 – Removed reference to the Assessment for Risk, which must be completed within 72 hours of a child’s admission to a care provider facility, not within 24 hours.

3.2.2 Orientation 1/28/15 Not Applicable
3.3 Care Provider Required Services 1/28/15 5/23/16 - Modified language related to family planning services
3.3.1 UAC Assessment & Case Review 1/28/15 12/16/16 - Changed completion date from 7 to 5 days
3.3.2 Long Term & Concurrent Planning 1/28/15 Not Applicable
3.3.3 Screening for Child Trafficking & Services for Victims 1/28/15 7/03/17 - Changed definition of human trafficking and provides information about how to better identify trafficking victims.
3.3.4 Safety Planning 1/28/15

8/8/16 - Added guidance on safety planning for field trips or other off-site outings

4/24/17 - Added off-site religious services to list requiring safety planning.

3.3.5 Academic Educational Services 1/28/15 4/24/17 - Added 72-hour time frame for educational assessment. Added pre-approval requirement for academic breaks.
3.3.6 Vocational Educational Services 1/28/15 Not Applicable
3.3.7 Services Related to Culture, Language, & Religious Observation 1/28/15 Not Applicable
3.3.8 Recreation & Leisure Time Services 1/28/15 Not Applicable
3.3.9 Nutritional Services 1/28/15 Not Applicable
3.3.10 Telephone Calls, Visitation & Mail 1/28/15 Not Applicable
3.3.11 Clothing & Personal Grooming 1/28/15 4/24/17 - Clarified that child may wear his/her own appropriate clothing and that footwear may not be used to control behavior.
3.3.12 Assignment of Chores 1/28/15 Not Applicable
3.3.13 Behavior Management 1/28/15 Not Applicable
3.3.14 Transportation Services 1/28/15 Not Applicable
3.3.15 Use of Restraints or Seclusion in Emergency Safety Situations in RTCs 3/2/15 Not Applicable
3.3.16 Notification and Reporting of the Death of UAC 3/16/15

5/31/16 - Updated list of notifications in the event of a death of an unaccompanied alien child.

7/22/19 – Added notification to Congressional officials.

3.3.17 Use of Restraints during Transport 4/27/15 7/12/16  - Clarifies that ORR only allows the use of soft restraints during transport when a child poses a serious risk of escape, or physical harm to self or others, and that care providers must take into account the child’s medical and/or mental health issues before employing soft restraints.
3.3.18 Restraints in Immigration Court and Asylum Interviews 7/12/16 Not Applicable
3.4 Medical Services 5/11/15 5/23/16 - Modified language related to family planning services
3.4.1 Health Care Eligibility & General Standards 5/11/15 Not Applicable
3.4.2 Initial Medical Exam 5/11/15 1/24/16 - Updates to reflect current practices; no changes to actual services
3.4.3 Requests for Health Care Services 5/11/15 Not Applicable
3.4.4 Medication Administration & Management 5/11/15 9/12/15 - Removed requirement that care providers must report all medication errors to ORR.
3.4.5 Responding to Medical Emergencies 5/11/15 Not Applicable
3.4.6 Management of Communicable Diseases 5/11/15 Not Applicable
3.4.7 Maintaining Health Care Records & Confidentiality 5/11/15 Not Applicable
3.4.8 Medical Clearance Prior to Release or Transfer 5/11/15 Not Applicable
3.4.9 Provider Reimbursement 5/11/15 Not Applicable
3.5 Guiding Principles for the Care of UAC who are LGBTQI 6/17/15 Not Applicable
3.5.1 Zero Tolerance 6/17/15 Not Applicable
3.5.2 Prohibition on Segregation & Isolation 6/17/15 Not Applicable
3.5.3 Confidentiality with Regard to Sexual Orientation & Gender Identity 6/17/15 Not Applicable
3.5.4 Housing 6/17/15 Not Applicable
3.5.5 Restroom & Dressing Area Accommodations 6/17/15 Not Applicable
3.6 Long Term Foster Care 10/5/15 Not Applicable
3.6.1 ORR LTFC Service Provisions 10/5/15 Not Applicable
3.6.2 Change in Placements While in ORR LTFC 10/5/15 Not Applicable
3.6.2 Change in Placements While in ORR LTFC 10/5/15 Not Applicable
3.6.3 Additional Q&As 10/5/15 Not Applicable
Section 4: Preventing, Detecting & Responding to Sexual Abuse & Harassment 2/22/15 Not Applicable
4.1 Definitions 2/5/18 Not Applicable
4.1.1 Sexual Abuse 2/5/18 Not Applicable
4.1.2 Voyeurism 2/5/18 Not Applicable
4.1.3 Sexual Harassment 2/5/18 Not Applicable
4.1.4 Inappropriate Sexual Behavior 2/5/18 Not Applicable
4.1.5 Questions and Answers about the Definitions 2/5/18 Not Applicable
4.2 Zero Tolerance Policy 2/22/15 Not Applicable
4.2.1  Application 2/22/15 Not Applicable
4.2.2 Care Provider Requirements 2/22/15 Not Applicable
4.3 Personnel 2/22/15

1/14/19 - Excluded secure facilities because they are subject to US Dept. of Justice national standards for prevention, detection, and responding to PREA.

3/11/19 - Excluded Long Term Foster Care

4.3.1 Prevention of SA Coordinator & Compliance Manager 2/22/15 1/14/19 - Minor updates to reflect the shift from “implementation” of IFR (now accomplished) to “compliance” since section was first posted in 2015
4.3.2 Applicant Screening 2/22/15 1/14/19 - Added new section to ensure applicant screening includes component for sexual abuse prevention.
4.3.3 Employee Background Investigations 2/22/15 1/14/19 - Moved some requirements into next section (4.3.4) to create new section. Added new requirement that care providers notify ORR in writing if they are unable to complete any required component of a background investigation
4.3.4 Hiring Decisions 2/22/15

1/14/19 - Added new requirement that care providers submit the name of each new staff member, including youth care workers, to ORR for final approval to ensure a staff member was not previously terminated by another care provider for sexual abuse, sexual harassment, or inappropriate sexual behavior; added new requirement that care providers notify ORR of all terminations for violations of ORR’s or the care provider’s policies regarding sexual abuse and sexual harassment; added new guidance on hiring decisions and a prohibition on hiring or utilizing the services of any applicant, contractor, or volunteer who, as an adult, perpetrated any crime involving a child, regardless of how long ago the incident occurred, or any violent crime within the past 10 years.

3/11/19 - Added domestic violence to prohibition on hiring

4.3.5 Staff Code of Conduct 2/22/15

1/14/19 - New subsection section added

3/11/19 - Excluded Foster Care from requirement

4.3.6 Staff Training 2/22/15

1/14/19 - Added new requirement that all employees receive ORR-provided refresher training about avoiding inappropriate relationships and reporting sexual abuse and sexual harassment every six months.

3/11/19 - Clarified that training requirement was before access to UAC

4.3.7 Employee Performance Evaluations and Promotion Decisions 2/22/15 1/14/19 - Added to list of misconduct “crime involving a minor or any violent crime” and added reference to 4.3.4.
4.3.8 Disciplinary Sanctions and Corrective Actions 2/22/15 1/14/19 - Added references to Sections 4.10 and 4.6.3.
4.3.9 Questions and Answers 3/11/19 Not Applicable
4.4 Staff & Supervision 3/16/15 Not Applicable
4.4.1 Staffing Levels 3/16/15 5/30/16 - Minor changes concerning direct supervision of UAC by care provider staff
4.4.2 Staffing Plans and Video Monitoring Restrictions 3/16/15 Not Applicable
4.4.3 Searches of Children and Youth 3/16/15 Not Applicable
4.4.4 Upgrades to Facilities and Technologies 3/16/15 Not Applicable
4.5 Responsive Planning 3/23/15 Not Applicable
4.5.1 Access to Community Service Providers and Resources 3/23/15 Not Applicable
4.5.2 Forensic Medical Examinations 3/23/15 Not Applicable
4.6 Coordinated Response 4/6/15 Not Applicable
4.6.1 Coordinated Response Policies & Procedures 4/6/15 Not Applicable
4.6.2 Responder Duties 4/6/15 Not Applicable
4.6.3 Protecting Children and Youth 4/6/15 Not Applicable
4.6.4 Interventions for Children or Youth Who Engage in Sexual Abuse 4/6/15 Not Applicable
4.7 Educating Children and Youth 6/22/15 Not Applicable
4.7.1 Educating Children & Youth on SA and SH 6/22/15 Not Applicable
4.7.2 Bulletin Board Postings 6/22/15 11/6/15 - Added in link to new ORR posters and pamphlets
4.7.3 Pamphlets on SA and SH 6/22/15 11/6/15 - Added in link to new ORR posters and pamphlets
4.8 Assessment for Risk 6/22/15 Not Applicable
4.8.1 Assessment for Risk 6/22/15 Not Applicable
4.8.2 Use of Assessment Information 6/22/15 Not Applicable
4.9 Medical and Mental Health Care 6/22/15 Not Applicable
4.9.1 Emergency Medical & Mental Health Care Services Following an Incident of SA 6/22/15 Not Applicable
4.9.2 Medical Services for Victims at risk of Pregnancy 6/22/15 Not Applicable
4.9.3 Ongoing Medical & Mental Health Care 6/22/15 Not Applicable
4.9.4 Religious Objections 6/22/15 Not Applicable
4.10 Reporting & Follow-Up 9/28/15 3/21/16 - Clarified that the section applies to individual foster homes.
4.10.1 Methods for Children & Youth to Report 9/28/15 3/21/16 - Added that secure care providers may have modified requirements for preprogrammed telephones to ensure the security of the facility.
4.10.2 Care Provider Reporting Requirements 9/28/15 3/21/16 - Summary of Changes
- Added requirement that allegations of sexual abuse involving an adult be reported to local law enforcement.
- Added requirement to submit SA/SIR Addendums within 24 hours.
- Added a requirement to report allegations of sexual abuse as defined in 42 U.S.C. 13031(c)(4) to the FBI within 4 hours.

11/20/17 - Added a quick reference chart summarizing required notifications for incidents of sexual abuse, sexual harassment, and inappropriate sexual behavior.
4.10.3 SA and H Follow-Up 9/28/15 Not Applicable
4.10.4 Notification & Access to Attorneys/Legal Representatives & Families 9/28/15 3/21/16 - Summary of Changes
- Added charts to clarify notification requirements.
- Added requirement to notify child advocates of allegations of sexual abuse and harassment.
4.10.5 Confidentiality 9/28/15 Not Applicable
4.10.6 UAC SA Hotline 9/28/15 Not Applicable
4.11 Incident Reviews and Data Collection 7/08/19 Not Applicable
4.11.1 Incident Reviews 7/08/19 Not Applicable
4.12 Compliance Audits 12/10/18 Not Applicable
4.12.1 Compliance Audit Process 12/10/18 Not Applicable
4.12.2 Care Provider Facilities Requirements 12/10/18 Not Applicable
4.12.3 Auditor Certification 12/10/18 Not Applicable
Section 5: Program Management 3/16/15 Not Applicable
5.1 Responding to Inquiries from the Media 3/16/15 4/20/15 - Added phone number for the ACF Office of Public Affairs
5.1.1 Policies for ORR Grantees 3/16/15 Not Applicable
5.1.2 How ORR Responds to Press Inquiries 3/16/15 Not Applicable
5.1.3 Requests to Interview a Specific Child 3/16/15 Not Applicable
5.1.4 Requests to Visit a Facility 3/16/15 Not Applicable
5.1.5 Requests for General Information & Data 3/16/15 Not Applicable
5.2 ORR Policies on Requests to Visit ORR Care Provider Facilities 3/30/15 Not Applicable
5.2.1 Evaluation Criteria 3/30/15 Not Applicable
5.2.2 Special Arrangements 3/30/15 Not Applicable
5.2.3 Visitation Protocol 3/30/15 Not Applicable
5.3 Testimony by Employees and Production of documents Where the US is Not a Party 3/30/15 Not Applicable
5.3.1 Care Provider Testimony & Views 3/30/15 Not Applicable
5.3.2 Confidentiality of Information 3/30/15 Not Applicable
5.3.3 Release of Records Without Prior Approval 3/30/15 Not Applicable
5.4 ORR Policies on Communication and Interaction with Consulates 4/27/15 Not Applicable
5.4.1 Notification to Consulates 4/27/15 Not Applicable
5.4.2 Right of UAC to Contact and Meet with the Consulate 4/27/15 Not Applicable
5.4.3 Consulate Officials: Access to Their Citizens and ORR Care Provider Facilities 4/27/15 Not Applicable
5.4.4 Visitation 4/27/15 Not Applicable
5.4.5 Information Requests 4/27/15 Not Applicable
5.4.6 Documentation 4/27/15 Not Applicable
5.4.7 ORR and Consulate Joint Activities 4/27/15 Not Applicable
5.5 ORR Monitoring and Compliance 6/15/15 Not Applicable
5.5.1 ORR Monitoring Activities 6/15/15 Not Applicable
5.5.2 Follow-Up and Corrective Actions 6/15/15 Not Applicable
5.5.3 Foster Care Monitoring 6/15/15 Not Applicable
5.5.4  Abuse Review Team 8/30/18 Not Applicable
5.5.5 Care Provider Internal Program Monitoring, Evaluation, and Quality Assurance 6/15/15 Not Applicable
5.6 Reporting & Record Keeping 7/27/15 Not Applicable
5.6.1 Program Reporting Requirements 7/27/15 Not Applicable
5.6.2 Maintaining Case Files 7/27/15 10/10/18 - Updated list of required forms for inclusion in a UAC case file.
5.6.3 Record Management, Retention and Safekeeping 7/27/15 Not Applicable
5.7 ORR Policies to Protect Sponsors from Fraud 7/27/15 Not Applicable
5.7.1 ORR Efforts to Help Prevent Fraud 7/27/15 Not Applicable
5.7.2 Responding to Fraud Attempts 7/27/15 Not Applicable
5.8 Significant Incident Reports & Notification Requirements 8/31/15 3/21/16 - Clarified that an SIR must be filed for each child involved in an incident and multiple SIR Addendums may be required to provide all updated and additional information.
5.8.1  Emergency Incidents 8/31/15

3/21/16 - Added the unauthorized absence of a child from a care provider to the category of emergency incidents.

6/7/18 - Added notification to DHS in death of a child cases

7/22/19 – Added notification to Congressional officials in death of child cases

5.8.2 Significant Incidents 8/31/15

3/21/16 - Added potential fraud schemes and any type of non-emergency incident that endangers the safety and well-being of a minor to the list of significant incidents that must be reported to ORR.

6/7/18 - Added definition of SIRs that are incidents of violence

5.8.3 Allegations of SA and SH in ORR Care 8/31/15 Not Applicable
5.8.4 Allegations of Abuse that Occurred in DHS Custody 8/31/15 9/29/15 - Replaced “OIG” with “DHS/CRCL”
3/21/16 - Revised the reporting policy to DHS to require reporting allegations of sexual abuse to CRCL, CBP, and ICE by emailing a copy of the SIR.
5.8.5 Allegations of Past Abuse that Occurred Outside the U.S. 8/31/15 6/7/18 - Changed section to Reporting SIRs to DHS and added table of notifications to DHS for specific SIRs
5.8.6 Allegations of Past Abuse that Occurred Inside the U.S. 8/31/15 Not Applicable
5.8.7 SIR Addendums 8/31/15 3/21/16 - Added requirement to submit SIR Addendums within 24 hours.
5.8.8 Notification to Attorneys/Legal Representatives, Child Advocates, Families, and Sponsors 8/31/15 3/21/16 - Added a section to notify attorneys/legal representatives, child advocates, families and sponsors of any type of abuse or neglect and any unauthorized absences.  Added that parents and legal guardians be notified of hospitalizations and serious medical services.
5.8.9 Elevation of Emergencies and Serious Incidents 8/31/15 3/21/16 - Added an unauthorized absence of a minor from a care provider and any situation which is reasonably likely to require ORR leadership oversight or escalation to ACF and/or HHS leadership to the list of incidents that should be elevated within ORR.
5.9 Sharing Information with Local Communities 10/30/17 Not Applicable

Section 6: Resources and Services Available After Release from ORR Care

6/15/16 Not Applicable
6.1  Summary of Resources and Services Available After Release from ORR Care 6/15/16 9/11/17 - Expands information about post release services including defining levels of service, areas of service, and timeframes for services.
6.2 Post Release Services 9/11/17 Not Applicable
6.2.1 Levels of Post Release Services 9/11/17 Not Applicable
6.2.2 Post Release Service Areas 9/11/17 Not Applicable
6.2.3 Timeframe for Post Release Services 9/5/18 Revised timeframe to reflect Flores enforcement action.
6.2.4 Post Release Service Providers: Case Reporting 7/12/16 Not Applicable
6.2.5 Post-Release Service Records Management, Retention and Information Sharing 7/12/16 Not Applicable
6.4 ORR National Call Center 7/12/16 Not Applicable
Section 7: Policies for Influx Care Facilities 9/18/19  
Preamble 9/18/19  
7.1 Overview 9/18/19  
7.2 Placement into Influx Care Facilities 9/18/19  
7.2.1 Criteria for Placement 9/18/19  
7.2.2 Operational Capacity 9/18/19  
7.3 Transfers during an Influx 9/18/19  
7.4 Influx Care Facility Admissions and Orientation 9/18/19  
7.5 Influx Care Facility Required Services 9/18/19  
7.5.1 Influx Care Facility Minimum Services 9/18/19  
7.5.2 Influx Care Facility 9/18/19  
7.6 Temporary Waivers for Influx Care Facilities 9/18/19  
7.7 Influx Care Facility Staffing Levels 9/18/19  
7.8 Influx Care Facility Federal Staffing Plan 9/18/19  
7.9 Requests to Visit Influx Care Facilities 9/18/19  
7.10 Influx Care Facility Monitoring 9/18/19  
7.11 Agreements with Federal, State, and/or Local Security Providers 9/18/19  

 

Last Reviewed: September 19, 2019