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[Federal Register Volume 89, Number 221 (Friday, November 15, 2024)]
[Notices]
[Pages 90295-90296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26690]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

Submission for Office of Management and Budget Review; 
Administration of Psychotropic Medication to Unaccompanied Children 
(New Collection)

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 the proposed collection. The 
request consists of two forms that will allow the Unaccompanied 
Children (UC) Bureau to obtain informed consent from authorized 
consenters and informed assent or agreement from unaccompanied children 
for the administration of psychotropic medication.

DATES: Comments due December 16, 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.

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 [email protected]. Identify all emailed

[[Page 90296]]

requests by the title of the information collection.

SUPPLEMENTARY INFORMATION: 
    Description: The ORR UC Bureau is proposing two new forms: 
Psychotropic Medication Informed Consent (Form MMH-1) and Psychotropic 
Medication Assent Notice (Form MMH-2). The proposed information 
collection is necessary to allow the ORR UC Bureau to comply with a 
court order and improve processes for the administration of 
psychotropic medication. On June 29, 2018, Plaintiffs filed their 
Federal class action lawsuit in the Central District of California, 
western division, captioned Lucas R. et al. v. Becerra et al. (Case No. 
2:18-CV-05741 DMG PLA), asserting claims under the Flores consent 
decree, the Trafficking Victims Protection Reauthorization Act, the Due 
Process clause, and the First Amendment. Plaintiffs allege violation of 
unaccompanied children rights in decisions regarding family 
reunification, placement in restrictive facilities, services for 
children with disabilities, administration of psychotropic medication, 
and access to legal assistance. On May 3, 2024, the Court granted final 
approval for the settlement agreements of the Plaintiffs' claims for 
disabilities, psychotropic medication, and legal assistance. As part of 
the settlement agreement for the psychotropic medication claim, ORR is 
required, whenever possible, to obtain informed consent for the 
administration of psychotropic medication and provide certain 
information to the authorized consenter. Additionally, ORR is required 
to provide a written notice and obtain informed assent or agreement 
from children aged 14 or older before administering psychotropic 
medication. The psychotropic medication settlement agreement must be 
fully implemented by August 3, 2026, but data collection must be 
implemented by February 3, 2025, to ensure compliance with the 
Agreement.
    Respondents: Care provider grantees and contractors.

                                             Annual Burden Estimates
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                                                                                       Average
                                                         Annual        Number of        burden     Total annual
                        Form                            number of    responses per    hours per    burden hours
                                                       respondents     respondent      response
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Psychotropic Medication Informed Consent (Form MMH-            300                2         1.50             900
 1).................................................
Psychotropic Medication Assent Notice (Form MMH-2)..           300                1         0.75             225
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    Estimated Total Annual Burden Hours: 1,125.
    Authority: 6 U.S.C. 279; 8 U.S.C. 1232; 45 CFR part 410; Flores v. 
Reno Settlement Agreement, No. CV85-4544-RJK (C.D. Cal. 1996); Lucas R. 
et al. v. Becerra et al. (Case No. 2:18-CV-05741 DMG PLA) Psychotropic 
Medication Settlement Agreement.

Mary C. Jones,
ACF/OPRE Certifying Officer.
[FR Doc. 2024-26690 Filed 11-14-24; 8:45 am]
BILLING CODE 4184-45-P
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