[Federal Register Volume 89, Number 206 (Thursday, October 24, 2024)]
[Notices]
[Pages 84884-84887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24588]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families


Submission for Office of Management and Budget Review; Legal and 
Advocacy Services for Unaccompanied Children (Office of Management and 
Budget #0970-0565)

AGENCY: Office of Refugee Resettlement, Administration for Children and 
Families, U.S. Department of Health and Human Services.

ACTION: Request for public comments.

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SUMMARY: The Office of Refugee Resettlement (ORR), Administration for 
Children and Families (ACF), U.S. Department of Health and Human 
Services is inviting public comment on revisions to an approved 
information collection. The request consists of several forms that 
allow the Unaccompanied Children (UC) Program to provide legal and 
advocacy services to unaccompanied children.

DATES: Comments due November 25, 2024. The Office of Management and 
Budget (OMB) must make a decision about the collection of information 
between 30 and 60 days after publication of this document in the 
Federal Register. Therefore, a comment is best assured of having its 
full effect if OMB receives it within 30 days of publication.

[[Page 84885]]


ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function. You can 
also obtain copies of the proposed collection of information by 
emailing <a href="/cdn-cgi/l/email-protection#177e79717874787b7b7274637e787957767471397f7f6439707861"><span class="__cf_email__" data-cfemail="137a7d757c707c7f7f7670677a7c7d537270753d7b7b603d747c65">[email protected]</span></a>. Identify all emailed requests by 
the title of the information collection.

SUPPLEMENTARY INFORMATION: Description: This request is to remove five 
forms from this collection, add two new forms, move two forms from a 
different information collection into this collection (with revisions 
to one of those forms), and revise three existing forms in this 
collection. ORR also proposes retitling this information collection 
``Legal and Advocacy Services for Unaccompanied Children.''

Discontinued Forms

    ORR plans to remove the following forms from this information 
collection:
    1. Request for a Flores Bond Hearing (Form LRG-7), Motion to 
Request a Bond Hearing--Secure or Staff Secure Custody (Form LRG-8A), 
and Motion to Request a Bond Hearing--Non-Secure Custody (Form LRG-8B): 
The bond hearing process was replaced with a Risk Determination Hearing 
process under the UC Program Foundational Rule, 45 CFR 410. These forms 
were replaced with a new set of form specific to the RDH process, 
approved under OMB #0970-0633.
    2. Motion for Change of Venue (Form L-7): This instrument was 
created for the UC Path case management system and was intended to be 
used for filing a motion for change of venue for children transferring 
to a different ORR care provider program. However, the UC Path system 
was never implemented, and this form has never been used. In addition, 
this function is performed by an entity that is party to the 
proceedings, typically the child's legal representative or Immigration 
and Customs Enforcement, because the decision to file a change of venue 
may affect the child's immigration case. A change of venue is filed for 
cases where a Notice to Appear has been filed. Since neither ORR nor 
its care provider programs perform this function, the form is not 
needed.
    3. Post Legal Status Plan (Form L-8): The information collected in 
this form was incorporated into the Legal Services Plan section of the 
Category 4 Discharge Plan (Form R-9, currently approved under OMB 
#0970-0552). Therefore, ORR plans to discontinue this form.

New Forms

    ORR plans to add the following new forms to this information 
collection:
    1. Case Status Summary for Executive Office for Immigration Review 
(Form L-9): This form is completed by the Federal Field Specialist 
(FFS)or care provider and sent to the Executive Office for Immigration 
Review (EOIR) in advance of a child's immigration hearing. The form 
provides basic information needed to ensure that EOIR has accurate 
information on the child's case status. A copy of the form is also 
shared with the child's legal service provider or attorney of record 
and child advocate (if applicable).
    2. Recommended States List (Form L-11): This form is completed by 
legal service providers for children transferring to a long-term foster 
care (LTFC) placement. The form provides a recommended list of 
preferred placement locations recommended by the legal service provider 
(LSP) 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's recommendation is one of several factors 
ORR considers when making an LTFC placement determination.

Forms Transferred From a Different Information Collection

    1. ORR plans to transfer the ``Notice of Administrative Review 
(Form P-18)'' into this information collection without revisions. This 
form is currently approved under OMB #0970-0554.
    2. ORR plans to transfer the ``Child Advocate Recommendation and 
Appointment'' form into this information collection (currently approved 
under OMB #0970-0553). The currently approved version has been revised 
to move Section B: Recommendation and Appointment and Section C: ORR 
Approval into a separate form to better facilitate the referral, 
recommendation, and appointment process. The separate form containing 
the information collected in Sections B and C will be completed by 
fewer than 10 respondents and is, therefore, not subject to Paperwork 
Reduction Act and is not included in this request.
    Additionally, ORR proposes the following revisions to assist its 
child advocate contractor in supporting referred children and making 
recommendations. ORR worked directly with the contractor to improve the 
form and incorporated recommendations the contractor submitted via 
public comment.
    1. Rename the form ``Child Advocate Referral'' (Form L-12A).
    2. Replace ``UC'' with ``child'' throughout the form.
    3. Add fields for the Title, Email, and Phone Number of the 
referrer.
    4. Make the following revisions related to the child's biographic 
information:

[cir] Split the field to for the name of the child into three separate 
fields for First Name, Second, or Middle Name, and Last Name(s)
[cir] Add fields for Also Known As (AKA) and Nicknames or Preferred 
Names
[cir] Change the Gender field from an open text field to a dropdown 
field with options for Male, Female, and Nonbinary.
[cir] Add a field for Other Language(s) Spoken

    5. Add the following fields related to the child's entry into the 
United States:

[cir] U.S. Port of Entry Where Child Entered
[cir] Date of Apprehension by DHS

    6. Make the following revisions related to the child's placement:

[cir] Reword the Care Provider field to Current Care Provider Facility
[cir] Reword the Admission Date field to Provider Admission Date
[cir] Add the following fields:
[ssquf] Is the child in ORR custody?
[ssquf] Was the child at another ORR care provider facility?
[ssquf] If yes, provide the care provider facility name(s)
[ssquf] Add a field for Date of Entry into ORR Custody
[ssquf] Child's Length of Care in ORR Custody

    7. Add the following fields related to the child's sponsor:

[cir] Does the child have a sponsor?
[cir] If yes, what category has ORR assigned to this sponsor?
[cir] How many potential sponsors has the child had?

    8. Add the following fields related to the child's legal 
representation:

[cir] Does the child have legal representation?
[cir] If yes, provide the following information for the legal 
representative: Name, Phone, Email

    9. Revise the list of reasons for referral to better reflect the 
most common reasons child advocate referrals are made.
    10. Add a text box where referrers can provide additional details 
regarding the reason for referral.
    11. Revise the burden estimate to reflect the number of child 
advocate referrals made from April 2023 through

[[Page 84886]]

March 2024. The annual number of respondents increased from 216 to 300 
and the annual number of responses per respondent increased from 5 to 
19.

Revisions to Existing Forms

    ORR plans to make the following revisions to existing forms in this 
information collection:
    1. Request for Specific Consent to Juvenile Court Jurisdiction 
(Form L-1):

[cir] Replace ``UC'' with ``child'' throughout the form
[cir] Update language in the form's introductory text and Section D: 
Next Steps to align with the UC Program Foundational Rule (45 CFR 410).
[cir] Reword the Name of Intended Guardian field to Name of Intended 
Individual or Entity to be Granted Custody to account for the fact that 
not all states use the word ``guardian'' to describe an individual or 
entity granted legal custody of a child. Revision is responsive to 
public comments.
[cir] Revise the burden estimate to reflect the number of requests for 
specific consent received in FY 2023. The annual number of respondents 
decreased from 40 to 31.

    2. Specific Consent Request Case Summary (Form L-2):

[cir] Remove the instruction to complete an internal clearance form 
because that is no longer part of the process.
[cir] Update the email address where the form is submitted.
[cir] Add text fields for the email addresses of the case manager and 
FFS to better facilitate communication when UC Bureau headquarter staff 
have follow-up questions.
[cir] Replace ``UC'' with ``child'' throughout the form
[cir] Revise the available dropdown options for the Level of Care field 
to align with the UC Program Foundational Rule (45 CFR 410).
[cir] Change the Gender field from an open text field to a dropdown 
field with options for Male, Female, and Nonbinary.
[cir] Remove question 3 (If the child was released from ORR custody 
into the new custody situation, would there be any risk of escape?) and 
the mention of ``flight risk'' in Section C to align with the UC 
Program Foundational Rule. Revision is responsive to public comments.
[cir] Revise the burden estimate to reflect the number of case 
summaries completed in FY 2023 and account for an increase in the 
number of care provider facilities. The annual number of respondents 
increased from 216 to 300 and the annual number of responses per 
respondent decreased from 0.2 to 0.1.

    3. Acknowledgement of Receipt of Legal Resource Guide (Form LRG-4):

[cir] Change form number from LRG-5 to LRG-4
[cir] Retitle form ``Acknowledgement of Receipt of Legal Resource 
Guide'' (formerly titled ``Legal Service Provider List for UC in ORR 
Care'')
[cir] Remove the information provided on the first page and the list of 
legal service providers and their contact information. ORR plans to 
incorporate this information into a separate document and children will 
acknowledge receipt of that document in this form.
[cir] Revise the list of documents provided to children to reflect 
forthcoming revisions and consolidation of legal resource guide 
documents.
[cir] Remove requirement for children to initial each list item to 
reduce burden for the child.
[cir] Add instructions to put an ``X'' in the signature line in cases 
where the child is unable to sign the form and add a text field for the 
care provider to document the reason the child was unable to sign 
(e.g., child is two years old). This will assist ORR in monitoring 
compliance with requirements to complete this form.
[cir] Add a field for care provider program name.
[cir] Revise the burden estimate to account for an increase in the 
number of care provider facilities and in the number of children placed 
in ORR care, and report the burden for care providers and unaccompanied 
children separately to improve accuracy of the estimate. The annual 
number of respondents increased from 216 to 300 for care providers and 
121,669 unaccompanied child respondents were added. The annual number 
of responses per respondent increased from 556 to 817 for care 
providers and the responses per respondent for children is two (2).
[cir] ORR plans to translate the form into Spanish and other languages 
commonly spoken by unaccompanied children.

Revisions to Burden Estimates Only for Existing Forms

    1. Notice of Attorney Representation (Form L-3):
[cir] Previously, the annual number of respondents was overestimated at 
13,000. ORR is changing that estimate to 10,000 (which will still be 
higher than the number of forms submitted in the previous year) based 
on the actual number of children who received direct representation 
through ORR's legal service provider contractor and rounded up to 
account for an expected increase in direct representation and forms 
submitted by outside attorneys.

    2. UC Legal Information (Form L-4):
[cir] Revise the burden estimate to account for an increase in the 
number of care provider facilities and in the number of children placed 
in ORR care. The annual number of respondents increased from 216 to 300 
and the annual number of responses per respondent increased from 241 to 
406.

    3. Legal Service Provider Record (Form L-6):

[cir] Revise the burden estimate to account for an increase in the 
number of care provider facilities and in the number of children placed 
in ORR care. The annual number of respondents increased from 216 to 300 
and the annual number of responses per respondent increased from 241 to 
406.

    Respondents: ORR grantee and contractor staff, unaccompanied 
children, parents/legal guardians of unaccompanied children, attorneys 
of record and legal service providers
    Annual Burden Estimates:

----------------------------------------------------------------------------------------------------------------
                                                                     Number of    Average burden
                   Instrument                      Annual number   responses per     hours per     Annual total
                                                  of respondents    respondent       response      burden hours
----------------------------------------------------------------------------------------------------------------
Request for Specific Consent to Juvenile Court                31             1.0            0.25               8
 Jurisdiction (Form L-1)........................
Specific Consent Request Case Summary (Form L-2)             300             0.1            0.33              10
Notice of Attorney Representation (Form L-3A)...           5,000             1.0            0.25           1,250
Notice of Legal Service Provider Screening (Form           5,000             1.0            0.17             850
 L-3B)..........................................
UC Legal Information (Form L-4).................             300           406.0            1.00         121,800
Legal Service Provider Record (Form L-6)........             300           406.0            0.08           9,744
Case Status Summary for Executive Office of                  300             5.0            0.17             255
 Immigration Review (Form L-9)..................

[[Page 84887]]

 
Recommended States List (Form L-11).............              60            10.0            0.33             198
Child Advocate Referral (Form L-12A)-Respondents             300            19.0            0.25           1,425
Child Advocate Referral (Form L-12A)-                          1         5,601.0            0.33           1,848
 Recordkeepers..................................
Acknowledgment of Receipt of Legal Resource              121,669             2.0            0.25          60,835
 Guide (LRG-4)-Unaccompanied Children...........
Acknowledgment of Receipt of Legal Resource                  300           817.0            0.25          61,275
 Guide (LRG-4)-Care Providers...................
Notice of Administrative Review (Form P-18).....             200             1.0             .83             166
                                                 ---------------------------------------------------------------
    Estimated Annual Burden Hours Total.........  ..............  ..............  ..............         259,664
----------------------------------------------------------------------------------------------------------------

    Authority: 6 U.S.C. 279; 8 U.S.C. 1232; Flores v. Reno Settlement 
Agreement, No. CV85-4544-RJK (C.D. Cal. 1996).

Mary C. Jones,
ACF/OPRE Certifying Officer.
[FR Doc. 2024-24588 Filed 10-23-24; 8:45 am]
BILLING CODE 4184-45-P


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