93498 Federal Register / Vol. 89, No. 229 / Wednesday, November 27, 2024 / Rules and Regulations 

(3) If the Secretary has determined 

under paragraph (b)(1)(ii)(B) of this 

section that participation in clinical 

research is no longer warranted as a 

requirement for transplantation of 

organs from donors with HIV, the OPTN 

shall adopt and use standards of quality 

with respect to organs from donors with 

HIV as directed by the Secretary, 

consistent with 42 U.S.C. 274, and in a 

way that ensures the changes will not 

reduce the safety of organ 

transplantation. 

* * * * * 

Dated: November 19, 2024. 

Xavier Becerra, 

Secretary. 

[FR Doc. 2024–27410 Filed 11–26–24; 8:45 am] 

BILLING CODE 4150–41–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

45 CFR Part 412 

RIN 0970–AD10 

Investigations of Child Abuse and 

Neglect Rule 

AGENCY: Office of Refugee Resettlement 

(ORR), Administration for Children and 

Families (ACF), U.S. Department of 

Health and Human Services (HHS). 

ACTION: Interim final rule with comment 

period (IFR). 

SUMMARY: This IFR describes how ORR 

shall investigate and substantiate 

allegations of child abuse and neglect 

occurring in certain ORR care provider 

facilities, and maintain a registry of 

perpetrators relating to certain sustained 

allegations. 

DATES: This IFR is effective December 

27, 2024. Comments on this IFR must be 

received on or before January 27, 2025. 

ADDRESSES: You may send comments, 

identified by [docket number and/or 

Regulatory Information Number (RIN)], 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: UCPolicy-RegulatoryAffairs@

acf.hhs.gov. Include [docket number 

and/or RIN] in the subject line of the 

message. 

Instructions: All submissions received 

must include the agency name and 

docket number or RIN for this 

rulemaking. For detailed instructions on 

submitting comments and additional 

information on the rulemaking process, 

see the ‘‘Public Participation’’ heading 

of the SUPPLEMENTARY INFORMATION

section of this document. 

FOR FURTHER INFORMATION CONTACT: 

Toby Biswas, Director of Policy, 

Division of Unaccompanied Children 

Policy, Unaccompanied Children 

Bureau, Office of Refugee Resettlement, 

Administration for Children and 

Families, Department of Health and 

Human Services, Washington, DC, (202) 

205–4440 or UCPolicyRegulatoryAffairs@acf.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Public Participation 

A. Submitting Comments 

B. Viewing Comments and Documents 

C. Privacy Act 

II. Table of Abbreviations 

III. Executive Summary 

IV. Background and Purpose 

A. Background and History 

B. Authority 

C. Basis and Scope of Regulatory Action 

D. Severability 

V. Discussion of Elements of the Interim 

Final Rule 

VI. Good Cause for Issuing This IFR 

VII. Collection of Information Requirements 

VIII. Regulatory Impact Analysis 

A. Economic Analysis 

B. Regulatory Flexibility Analysis 

C. Unfunded Mandates Reform Act 

D. Executive Order 13132: Federalism 

E. Executive Order 12988: Civil Justice 

Reform 

IX. Assessment of Federal Regulation and 

Policies on Families 

I. Public Participation 

ORR encourages all interested parties 

to participate in this rulemaking by 

submitting written comments, views, 

and data on any or all aspects of this 

interim final rule. ORR also invites 

comments that relate to the economic, 

environmental, or federalism effects that 

might result from this interim final rule. 

ORR will review all comments received, 

but ORR will only post comments that 

address the topic of the interim final 

rule. All comments ORR posts to 

https://www.regulations.gov will 

include any personal or commercial 

information you provide. 

A. Submitting Comments 

Comments that will provide the most 

assistance to ORR will reference a 

specific portion of the interim final rule, 

explain the reason for any 

recommended change, and include data, 

information, or authority that support 

such recommended change. If you 

submit comments, please indicate the 

specific section of this document to 

which each comment applies and 

provide a reason for each suggestion or 

recommendation. You may submit your 

comments and materials online or by 

email, but please use only one of these 

means. If you submit a comment online 

via https://www.regulations.gov, it will 

be considered received when it is 

received at the Docket Management 

Facility. 

Instructions: To submit your 

comments online, go to https://

www.regulations.gov and insert 

‘‘XXXX–XXXX–XXXX’’ in the ‘‘Search’’ 

box. Click on the ‘‘Comment Now!’’ box 

and input your comment in the text box 

provided. Click the ‘‘Continue’’ box, and 

if you are satisfied with your comment, 

follow the prompts to submit it. 

For additional information, please 

read the ‘‘Privacy and Security Notice’’ 

that is available via the link in the footer 

of https://www.regulations.gov. 

ORR will consider all comments and 

materials received during the comment 

period and may change this rule based 

on your comments. 

B. Viewing Comments and Documents 

Docket: To view posted comments, as 

well as documents mentioned in this 

preamble as being available in the 

docket, go to https://

www.regulations.gov and insert 

‘‘XXXX–XXXX–XXXX’’ in the ‘‘Search’’ 

box. Click on the ‘‘Open Docket Folder,’’ 

and you can click on ‘‘View Comment’’ 

or ‘‘View All’’ under the ‘‘Comments’’ 

section of the page. Individuals without 

internet access can make alternate 

arrangements for viewing comments and 

documents related to this rulemaking by 

contacting ORR through the FOR

FURTHER INFORMATION CONTACT section 

above. You may sign up for email alerts 

on the online docket to be notified when 

comments are posted, or a final rule is 

published. 

C. Privacy Act 

As stated in the Submitting 

Comments section above, please be 

aware that anyone can search the 

electronic form of comments received 

into any dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). 

II. Table of Abbreviations 

ACF—Administration for Children and 

Families 

ALJ—Administrative Law Judge 

CAPTA—Child Abuse Prevention and 

Treatment Act 

CWT—ORR’s Child Welfare Team 

DAB—HHS Departmental Appeals Board 

DOJ—U.S. Department of Justice 

EIF—Emergency or Influx Facility 

FBI—Federal Bureau of Investigation 

FSA—Flores Settlement Agreement 

HHS—U.S. Department of Health and Human 

Services 


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1An unaccompanied child is defined as a child 

who has no lawful immigration status in the United 

States; has not attained 18 years of age; and with 

respect to whom there is no parent or legal guardian 

in the United States, or no parent or legal guardian 

in the United States available to provide care and 

physical custody. See 6 U.S.C. 279(g)(2). 

2Unaccompanied Children Bureau Fact Sheet. 

(July 5, 2024). Retrieved from: https://

www.acf.hhs.gov/orr/fact-sheet/programs/uc/factsheet. 

3See Statement of Organization, Functions, and 

Delegations of Authority, 89 FR 49889 (Jun. 12, 

2014) (redesignating the former ‘‘Unaccompanied 

Children Program’’ as the ‘‘Unaccompanied 

Children Bureau’’). 

4 6 U.S.C. 279. 

5 8 U.S.C. 1232. 

6 45 CFR part 410. 

7Stipulated Settlement Agreement, Flores v. 

Reno, No. CV 85–4544–RJK(Px) (C.D. Cal. Jul. 17, 

1997). 

8As of the publication of this rule, the Flores 

Settlement Agreement (FSA) has been partially and 

conditionally terminated as to ORR, as a result of 

the publication of the UC Program Foundational 

Rule. See Order Re Defendants’ Motion to 

Terminate the Flores Settlement Agreement as to 

Defendant HHS, Flores v. Garland, No. 2:85–cv– 

04544 (C.D. Cal. Jun. 28, 2024), ECF No. 1447. 

9 45 CFR part 411. 

10See 6 U.S.C. 279(b)(1)(A); 8 U.S.C. 1232(b)(1). 

11See 8 U.S.C. 1232(b)(3). 

12See 45 CFR 410.1001. 

13 45 CFR 410.1103(e); see also FSA par. 6. 

14See 45 CFR part 410, subpart I; see also FSA 

Exhibit 3. 

15See 45 CFR 410.1001. 

16ORR Influx Care Facilities for Unaccompanied 

Children Fact Sheet. (July 29, 2024). Retrieved from: 

https://www.acf.hhs.gov/orr/fact-sheet/programs/ 

uc/influx-care-facilities-fact-sheet. 

HSA—Homeland Security Act of 2002 

OIG—Office of the Inspector General 

OMB—Office of Management and Budget 

ORR—Office of Refugee Resettlement, U.S. 

Department of Health and Human 

Services 

PCAN Team—ORR’s Prevention of Child 

Abuse and Neglect Team 

PSA IFR—Standards To Prevent, Detect, and 

Respond to Sexual Abuse and Sexual 

Harassment Involving Unaccompanied 

Children, Interim Final Rule 

TVPRA—William Wilberforce Trafficking 

Victims Protection Reauthorization Act 

of 2008 

UC Bureau—Unaccompanied Children 

Bureau 

VCAA—Victims of Child Abuse Act 

III. Executive Summary 

This interim final rule provides 

standards and processes for the 

Department of Health and Human 

Services (HHS), Administration for 

Children and Families (ACF), Office of 

Refugee Resettlement (ORR), to apply 

when it conducts investigations into 

allegations of child abuse and neglect 

that occur in certain care provider 

facilities funded by ORR to provide 

residential and other services for 

unaccompanied children; 1 describes a 

process for appeal and review of 

substantiated allegations; and 

establishes an ORR Central Registry to 

list individuals with certain findings of 

child abuse and neglect that have been 

substantiated and sustained after 

exhausting the appeal and review 

process. This rule describes how and in 

what circumstances ORR may conduct 

investigations, and impose certain 

consequences with respect to sustained 

allegations of child abuse and neglect by 

care provider facility staff, contractors 

or sub-grantees of the care provider 

facility, care provider facility 

volunteers, and other individuals with 

access to unaccompanied children in 

ORR care through contracts or grants 

with ORR. Specifically, the 

investigations and required 

consequences described in this rule 

shall apply in two circumstances: (1) 

where the State or local authority that 

would otherwise be responsible for such 

investigations will not investigate 

allegations arising at ORR care provider 

facilities that care for or propose to care 

for unaccompanied children; and (2) at 

ORR emergency or influx facilities 

(EIFs). 

Child abuse and neglect can have 

devastating lifelong mental and physical 

effects on an individual. ORR is 

committed to preventing and mitigating 

child abuse and neglect in its care 

provider facilities and seeks to ensure 

the safety, well-being, and security of all 

unaccompanied children in its care. 

IV. Background and Purpose 

A. Background and History 

On March 1, 2003, section 462 of the 

Homeland Security Act of 2002 (HSA) 

transferred responsibilities for the care 

and placement of unaccompanied 

children from the Commissioner of the 

former Immigration and Naturalization 

Service to the Director of ORR. Since 

that time, ORR has provided for the dayto-day care of over 700,000 

unaccompanied children in ORR care 

provider facilities that are currently 

administered through a nationwide 

network of providers (funded via 

cooperative agreements or contracts, or 

sub-awards thereof).2

As further detailed below in section 

IV.B., ORR oversees its care provider 

facilities through its Unaccompanied 

Children Bureau 3 pursuant to its 

responsibilities under the HSA,4 the 

Trafficking Victims Protection 

Reauthorization Act of 2008 (TVPRA),5

the Unaccompanied Children (UC) 

Program Foundational Rule,6 the Flores 

Settlement Agreement (FSA) as 

relevant,7 8 and ORR’s regulatory 

Standards To Prevent, Detect, and 

Respond to Sexual Abuse and Sexual 

Harassment Involving Unaccompanied 

Children interim final rule (PSA IFR).9

Consistent with the HSA and TVPRA, 

ORR is responsible for the care, custody, 

and placement of unaccompanied 

children who are in Federal custody by 

reason of their immigration status.10

Any department or agency of the 

Federal government that has an 

unaccompanied child from a noncontiguous country in its custody is 

required to transfer custody of such 

child to HHS.11 Typically, ORR places 

unaccompanied children in care 

provider facilities it funds to provide 

these children with residential and 

other services, until the children can be 

safely released to qualified and vetted 

sponsors (individuals or entities to 

whom ORR releases unaccompanied 

children out of ORR custody, in 

accordance with ORR’s sponsor 

suitability assessment process and 

release procedures),12 are repatriated to 

their home country, obtain legal status, 

or otherwise no longer meet the 

statutory definition of an 

unaccompanied child (e.g., turn 18 

years old). In accordance with the UC 

Program Foundational Rule (and 

consistent with the FSA), ORR makes 

reasonable efforts to place 

unaccompanied children in Statelicensed facilities in those geographical 

areas where the majority of children are 

apprehended 13—except in cases of 

emergency or influx, when ORR may 

utilize EIFs.14 EIFs are Federally 

contracted facilities that ORR may need 

to stand up quickly to accommodate 

placements for children that exceed its 

standard capacity. Consistent with 

ORR’s UC Program Foundational Rule 

(and the FSA), EIFs are not required to 

be State-licensed.15

As of the publication date of this 

rulemaking, ORR has built a network of 

nearly 300 care provider facilities in 27 

States, funded through cooperative 

agreements and grants between ORR 

and the care provider facilities. As 

discussed below, a significant number 

of ORR care provider facilities are in 

Texas, which has decided to no longer 

conduct investigations of reported abuse 

and neglect arising at ORR-funded care 

provider facilities housing 

unaccompanied children. 

In addition, as of the publication date 

of this rulemaking, ORR oversees three 

influx care facilities, funded through 

contracts, that currently have no 

children in care but are ready to 

commence or resume operations within 

certain timeframes if needed.16 ORR 

does not currently have formal written 

agreements with the relevant State or 

local authorities to investigate reports of 


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93500 Federal Register / Vol. 89, No. 229 / Wednesday, November 27, 2024 / Rules and Regulations 

17See infra Section IV.B. 

18See 89 FR 49889, 49892. 

19 6 U.S.C. 279(b)(1)(B). 

20 6 U.S.C. 279(b)(1)(E). 

21 6 U.S.C. 279(b)(1)(F). 

22 6 U.S.C. 279(b)(1)(G). 

23 6 U.S.C. 279(b)(1)(L). 

24Standards To Prevent, Detect, and Respond to 

Sexual Abuse and Sexual Harassment Involving 

Unaccompanied Children, 79 FR 77768 (Dec. 24, 

2014) (codified at 45 CFR part 411). 

25See Public Law 113–4, 1101(d), 127 Stat. 134, 

135 (2013) (codified at 34 U.S.C. 30307(d)) 

(directing the Secretary of HHS to ‘‘publish a final 

rule adopting national standards for the detection, 

prevention, reduction, and punishment of rape and 

sexual assault in facilities that maintain custody of 

unaccompanied alien children (as defined in 

section 279(g) of Title 6)’’). 

26See generally Standards to Prevent, Detect, and 

Respond to Sexual Assault and Sexual Harassment 

Involving Unaccompanied Children, codified at 45 

CFR part 411 (PSA IFR); see also the ORR Policy 

Guide at Section 4.3. 

27See 45 CFR 411.22(a); 411.71(c), (d). 

child abuse and neglect at these 

facilities. If such agreements are 

executed, ORR may in its discretion 

elect not to exercise its investigative 

authority and instead rely on the 

relevant State or local authorities 

(consistent with its approach to sexual 

abuse as described at 45 CFR part 

411).17 Nevertheless, even in these 

circumstances, ORR retains statutory 

authority to conduct investigations at 

EIFs, and in these situations could do so 

consistent with this rule. If ORR were to 

conduct its own investigation 

concurrently with a State or local 

authority’s investigation, ORR would 

cooperate with such authority and 

ORR’s investigation would not conflict 

with such investigation. Further, ORR 

would conduct its investigation in such 

a manner as to minimize potential 

trauma to the alleged victim (e.g., by not 

interviewing a child where the State or 

local authority has already interviewed 

the child for the same information). 

To ensure that reports of child abuse 

and neglect at Texas care provider 

facilities and EIFs (as relevant) do not go 

uninvestigated, and pursuant to ORR’s 

statutory responsibilities, on June 12, 

2024, ORR established a Division of 

Unaccompanied Child Protection 

Investigations (DCPI) to, among other 

things, receive reports of alleged abuse 

or neglect involving unaccompanied 

children in ORR custody and investigate 

those claims where it has jurisdiction.18

DCPI began conducting investigations of 

alleged child abuse and neglect in ORRfunded care provider facilities in Texas 

as of July 2024. This interim final rule 

describes the procedures DCPI uses 

when it performs child welfare 

investigations of alleged child abuse and 

neglect at ORR care provider facilities; 

and establishes employment 

consequences for care provider facility 

staff and volunteers based on ORR 

investigation dispositions, including 

relevant due process protections for 

alleged perpetrators of abuse and 

neglect. 

B. Authority 

ORR’s statutory authority enables it to 

perform investigations of alleged child 

abuse and neglect occurring at its care 

provider facilities, and to establish 

disciplinary consequences, including 

employment consequences, for 

individuals it determines to have 

perpetrated abuse or neglect. The HSA 

transferred to the Director of ORR 

functions under the immigration laws of 

the United States with respect to the 

care of unaccompanied children that 

were vested by statute in, or performed 

by, the Commissioner of the 

Immigration and Naturalization Service. 

Pursuant to such transfer, the ORR 

Director is ‘‘responsible for,’’ among 

other things, ‘‘ensuring that the interests 

of the child are considered in decisions 

and actions relating to the care and 

custody of an [unaccompanied 

child],’’ 19 ‘‘implementing policies with 

respect to the care and placement of 

[unaccompanied children],’’ 20 and 

‘‘identifying a sufficient number of 

qualified individuals, entities, and 

facilities to house [unaccompanied 

children].’’ 21 In addition, the HSA 

makes the ORR Director responsible for 

‘‘overseeing the infrastructure and 

personnel of facilities in which 

[unaccompanied children] reside,’’ 22

and ‘‘conducting investigations and 

inspections of facilities and other 

entities in which [unaccompanied 

children] reside, including regular 

follow-up visits to such facilities, 

placements, and other entities, to assess 

the continued suitability of such 

placements.’’ 23

Necessarily, a fundamental aspect of 

ensuring that there are qualified 

individuals, entities, and care provider 

facilities to care for and house 

unaccompanied children is ensuring 

that care provider facility staff, 

contractors, or sub-grantees of the care 

provider facility, along with care 

provider facility volunteers and other 

individuals who have access to children 

in ORR care through contracts or grants 

with ORR, do not engage in abuse or 

neglect of children in ORR care; that 

such individuals who are alleged to 

have engaged in such abuse or neglect 

are reported and identified; that 

allegations of child abuse or neglect 

against such individuals are properly 

and thoroughly investigated; and that if 

the allegations are found to be 

substantiated and are sustained 

pursuant to an appeal and review 

process, actions are taken to ensure that 

such individuals are prohibited from 

working or volunteering in any way on 

ORR-funded grants or contracts and do 

not have contact with children in ORR 

custody. Thus, the rule described here 

is a crucial aspect of implementing 

ORR’s statutory mandates under the 

HSA, which expressly delegates 

authority to the ORR Director to 

administer the UC Bureau. 

Pursuant to these authorities, this rule 

describes the circumstances in which 

ORR will investigate allegations of child 

abuse and neglect; the procedures for 

such investigations; and steps ORR may 

take in response to findings that 

individuals who work or volunteer at 

ORR-funded care provider facilities 

have perpetrated abuse or neglect 

against children in its custody, 

including due process requirements that 

would apply to such steps. 

In addition to the HSA, ORR’s Interim 

Final Rule regarding the Prevention of 

Sexual Abuse 24 (PSA IFR), which ORR 

promulgated in 2014 pursuant to the 

Violence Against Women 

Reauthorization Act of 2013 (VAWA),25

describes requirements concerning 

sexual abuse of unaccompanied 

children in ORR custody. Though the 

PSA IFR specifically applies to the 

prevention of sexual abuse of 

unaccompanied children, it describes 

requirements that inform this IFR 

regarding the prevention of abuse and 

neglect, including requirements for staff 

background checks; suspension of staff, 

contractors, and volunteers suspected of 

perpetrating sexual abuse or sexual 

harassment from all duties that would 

involve or allow access to 

unaccompanied children pending the 

outcome of an investigation; and 

requirements for restricting the 

employment of care provider facility 

staff against whom allegations of child 

abuse or neglect have been 

substantiated.26

The standards in the PSA IFR also 

require care provider facilities to refer 

allegations of sexual abuse and sexual 

harassment to proper investigating 

authorities (i.e., State and local law 

enforcement, child protective services, 

and licensing authorities), and to remain 

informed of ongoing investigations and 

fully cooperate with outside 

investigators as necessary.27 ORR notes 

that nothing in this rule is intended to 

replace or prohibit investigations of 

sexual abuse and sexual harassment 

under other civil rights laws. The PSA 

IFR also states that ORR will refer 

allegations to the Department of Justice 


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Federal Register / Vol. 89, No. 229 / Wednesday, November 27, 2024 / Rules and Regulations 93501 

28See 45 CFR 411.22(d). 

29See 34 U.S.C. 20341; see also 28 CFR part 81. 

30 28 CFR 81.2 

31 28 CFR 81.3. 

32See, e.g., 79 FR 77768, 77776 (‘‘. . . ORR does 

not conduct investigations regarding the substance 

of an allegation. Instead, as stated in the previous 

paragraphs, ORR requires that all care provider 

facilities refer all allegations, regardless of how an 

allegation is made or who it comes from, to the 

proper investigating authorities.’’). 

33ORR notes that Florida continues to investigate 

child abuse and neglect in care provider facilities 

housing unaccompanied children, and ORR only 

operates foster family home care settings in South 

Carolina. Foster care licensing has not been 

impacted by South Carolina’s action to not license 

residential care. 

34Proclamation by the Governor of the State of 

Texas. (May 31, 2021). Available at: https://

gov.texas.gov/uploads/files/press/DISASTER_

border_security_IMAGE_05-31-2021.pdf. 

35 46 Tex. Reg. 4407. (July 23, 2021). (Adopting 

on an emergency basis in Texas Administrative 

Code title 26 part 1, chapter 745, Licensing, new 

§ 745.10301 and amended § 745.115). The 

emergency rule—and the exemption it provides— 

were only effective for 120 days and could only be 

renewed for an additional 60 days. Available at: 

https://texashistory.unt.edu/ark:/67531/ 

metapth1362781/m2/1/high_res_d/0723is.pdf. 

36Texas HHS Agenda Item. (May 19, 2022). 

Available at: https://www.hhs.texas.gov/sites/ 

default/files/documents/may-2022-ec-agenda-item2bvi.docx. 

37Tex. Fam. Code § 261.002. 

or other investigating authority for 

further investigation where such 

reporting is in accordance with its 

policies and procedures and any 

memoranda of understanding.28

At the time the PSA IFR was 

published, ORR assumed that all States 

or localities would maintain their 

historic practices of investigating 

alleged child abuse and neglect in ORR 

State-licensed care provider facilities. 

Accordingly, the PSA IFR only 

contemplates scenarios where a State or 

local authority is the investigating 

authority for allegations of sexual abuse 

and harassment occurring at ORR care 

provider facilities. This rule describes a 

new system of ORR investigations and 

actions to be taken based on 

investigation findings, which ORR 

would apply, as needed, at care 

provider facilities as described at 

§ 412.100(c). 

Finally, the Victims of Child Abuse 

Act (VCAA) and its implementing 

regulations 29 impose reporting 

requirements on ORR-contracted 

facilities (e.g., EIFs). Under the VCAA, 

child abuse (as defined in the Act) 

occurring at Federally-operated or 

contracted facilities must be reported to 

local law enforcement or child 

protective services agencies with 

jurisdiction to investigate reports of 

child abuse or to protect child abuse 

victims in the land area or facility in 

question, ‘‘provided that such agencies, 

if non-federal, enter into formal written 

agreements to do so. . . .’’ 30 If there is 

no such formal written agreement, the 

Federal Bureau of Investigation (FBI) is 

the agency designated to receive such 

reports.31 However, ORR is advised that 

the FBI’s jurisdiction is limited to 

Federal crimes (i.e., the FBI cannot 

investigate conduct that does not rise to 

the level of a Federal crime)—and many 

child abuse and neglect allegations that 

nonetheless warrant investigation do 

not constitute Federal crimes. Upon 

receipt of such reports of child abuse, 

agencies designated under the VCAA— 

which can include other federal 

agencies or non-federal agencies that are 

designated pursuant to a formal written 

agreement—may conduct investigations 

of the alleged abuse and neglect. This 

IFR does not conflict with any agency 

duties under the VCAA. If ORR executes 

formal written agreements with relevant 

local authorities to investigate child 

abuse and neglect at EIFs, it reserves 

discretion under its statutory authorities 

to conduct its own investigations as 

well. In such cases, ORR intends under 

this rule that any ORR investigation will 

not conflict with investigations 

performed by other authorities in 

connection with the VCAA. 

C. Basis and Scope of Regulatory Action 

1. Discontinuation of Investigations of 

Child Abuse and Neglect at Care 

Provider Facilities That Care for 

Unaccompanied Children. 

For years, ORR has relied on States or 

localities both to license its care 

provider facilities and to investigate any 

allegations of child abuse and neglect.32

Since 2021, however, three States— 

Texas, Florida, and South Carolina— 

have ceased licensing childcare 

facilities that serve or propose to serve 

unaccompanied children under grant or 

contract with ORR. As of publication of 

this rule, Florida and South Carolina 

continue to provide for State-based 

investigations of alleged child abuse and 

neglect in ORR-funded care provider 

facilities.33 In contrast, in connection 

with the State’s decision to end 

licensing of care provider facilities 

housing unaccompanied children, the 

Texas State agency that would 

otherwise be responsible for such 

investigations no longer conducts them 

at ORR care provider facilities (except 

foster care providers). 

Pursuant to a proclamation by Texas’s 

Governor Abbott,34 on July 13, 2021, the 

Texas Health and Human Services 

Commission (HHSC) issued an 

emergency rule temporarily exempting 

Texas’s childcare facilities that shelter 

unaccompanied children in Federal 

custody from Texas’s licensing 

requirement.35 The exemption went 

through a series of renewals until, on 

July 22, 2022, Texas amended the 

emergency rule to make the licensure 

exemption ongoing.36

ORR understands that, pursuant to 

this change in Texas law, neither Texas 

HHSC nor the Texas Department of 

Family and Protective Services (DFPS) 

currently conducts child abuse and 

neglect investigations in facilities that 

house unaccompanied children due to 

their lack of jurisdiction over licenseexempt childcare facilities. Because 

DFPS is not investigating, 

substantiating, or sustaining these 

allegations pursuant to administrative 

reviews as appropriate, DFPS does not 

list potential sustained perpetrators in 

the Texas child abuse and neglect 

registry,37 and thus such perpetrators 

will not be identified as having 

committed abuse or neglect in a 

background check by an ORR-funded or 

other provider. State and local law 

enforcement continue to investigate 

reported child abuse and neglect that 

rises to the level of a crime, but in many 

instances, actions involving abuse or 

neglect constitute civil violations, but 

not criminal violations. Depending on 

circumstances, this may include 

physical abuse, verbal/emotional abuse, 

and sexual harassment. 

As discussed above, ORR has 

historically relied on State and local 

authorities to investigate allegations of 

child abuse and neglect arising at its 

care provider facilities. However, a 

significant gap in investigative capacity 

has resulted from Texas’s decision to 

cease DFPS investigations at ORR care 

provider facilities. ORR was unable to 

immediately fill this gap by conducting 

its own investigations because such 

investigations necessitate the use of 

skilled and trained investigators, and 

historically ORR had not played this 

role. 

However, ORR took immediate and 

ongoing steps after determining that 

Texas planned to cease its investigations 

into alleged child abuse and neglect at 

ORR-funded care provider facilities 

housing unaccompanied children. Soon 

after it became clear that Texas DFPS 

was not going to resume its longstanding child welfare and investigative 

functions when it extended its 

emergency declaration in 2022, ORR 

began examining the operational 

feasibility, capacity, and expertise that 

would be required to permanently 

absorb the investigative responsibilities 

once performed by Texas DFPS. Such an 

endeavor represented an unexpected 


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38See Statement of Organization, Functions, and 

Delegations of Authority, 89 FR 49889 (June 24, 

2024). 

39ORR Unaccompanied Children Facts and Data. 

(July 5, 2024). Retrieved from: https://

www.acf.hhs.gov/orr/about/ucs/facts-and-data. 

40See also infra Section VI (discussing good 

cause for issuing this IFR). 

and significant expansion of ORR’s 

operations, as ORR had successfully 

relied on relevant state child welfare 

entities to fulfill that role for years up 

to this point. ORR’s work over the past 

two years has included, but not been 

strictly limited to: communicating with 

Texas state officials to confirm their 

position regarding investigations into 

alleged child abuse and neglect at ORR 

care providers and attempt to reach a 

resolution with the state directly; 

consulting with other federal agencies to 

evaluate available options to address the 

lack of investigations and seek feedback 

on ORR’s proposed approach; 

researching and planning how ORR 

would develop the necessary expertise 

and capacity to conduct investigations; 

developing policies and procedures to 

inform how investigations are 

conducted; obtaining administrative 

approval for new agency positions; 

creating of new comprehensive 

technical systems for recording and 

tracking investigations; and, eventually, 

the hiring, onboarding, and training of 

qualified investigative staff. 

In addition, while engaged in these 

efforts, ORR directed its care provider 

facilities in Texas to continue reporting 

abuse and neglect allegations to State 

child welfare agencies, State licensing 

agencies, State and local law 

enforcement, and where appropriate, 

the HHS Office of the Inspector General 

and the FBI. ORR also established a 

framework, utilizing its child welfare 

team or CWT (later becoming known as 

the ORR Prevention of Child Abuse and 

Neglect or PCAN Team) for conducting 

in-depth reviews of care provider 

facility responses to each individual 

allegation of abuse and neglect. In these 

reviews, ORR staff receive and review 

documentation concerning the 

allegation, assess whether proper 

interventions and reporting 

requirements under ORR policies and 

procedures were followed, and make 

recommendations for appropriate 

follow-up actions regarding the alleged 

victim’s medical and mental health 

needs. 

While ORR’s in-depth reviews have 

played an important role in filling some 

of the investigations-related gaps like 

ensuring compliance with reporting 

requirements and following up on 

appropriate interventions for staff and 

children, there remained a need for a 

separate entity other than the care 

provider facilities themselves—that 

would ensure independent oversight 

and response—to investigate allegations 

of abuse and neglect that do not 

constitute criminal violations. 

Accordingly, pursuant to its statutory 

responsibilities to oversee the personnel 

and infrastructure of care provider 

facilities and to conduct investigations 

(see discussion under section IV.B. 

Authority), ORR established the 

Division of Unaccompanied Child 

Protection Investigations (DCPI) in June 

2024.38 DCPI began conducting 

investigations of alleged child abuse and 

neglect at care provider facilities in 

Texas in July 2024. 

However, investigations without more 

do not fully fill the gap left by Texas 

DFPS’s decision not to investigate 

allegations of child abuse and neglect, 

including by substantiating and 

sustaining such allegations so that 

perpetrators may be identified and 

precluded from working with 

unaccompanied children in ORR’s care. 

The statutory provisions authorizing 

ORR to establish its investigative 

division do not specify the particular 

procedures ORR should follow in 

conducting investigations and taking 

action to protect children from 

individuals with pending or sustained 

allegations of sexual abuse or neglect. 

Thus, ORR has determined that in order 

to fully address the protection of 

children in its custody, consistent with 

its statutory responsibility, it is 

important to establish a mechanism to 

ensure that individuals with sustained 

Tier I allegations (as defined in this 

rule) investigated by DCPI are 

terminated from employment in ORRfunded programs, prevented from 

having contact with children in ORR 

programs, and barred from employment 

in any ORR-funded program in the 

future. To accomplish this goal with 

appropriate due process protections, 

ORR has adopted this rule. 

2. Need for ORR To Investigate Child 

Abuse and Neglect at Emergency or 

Influx Facilities 

In addition, this rulemaking provides 

needed clarity with respect to 

investigations of child abuse and neglect 

at EIFs. Responsibility for investigating 

allegations of child abuse and neglect at 

EIFs is unique to each EIF based on a 

number of factors, including the 

willingness of States or local authorities 

to investigate child abuse and neglect at 

care provider facilities housing 

unaccompanied children or enter into a 

formal written agreement with ORR to 

do so; the unique size, capacity, and 

scope of EIFs; and the urgent timelines 

under which EIFs may be activated. 

Because EIFs are activated in times of 

influx, which arise based on 

unpredictable migration patterns, there 

may not be sufficient time to establish 

formal written agreements with local 

authorities to conduct child abuse and 

neglect investigations when ORR 

activates such facilities. For example, 

referrals of unaccompanied children to 

ORR increased dramatically from 

Federal fiscal year (FFY) 2020 (15,381 

children) to FFY 2021 (122,731 

children), continued to increase in FFY 

2022 (128,904 children), but then 

decreased in FFY 2023 (118,938 

children).39 ORR believes, as a result, 

that it is appropriate to include EIFs 

within the scope of this rule—to ensure 

that reports of child abuse and neglect 

arising at EIFs are consistently 

investigated and that ORR may take 

actions to protect unaccompanied 

children from those with pending or 

sustained allegations.40

ORR prefers that State and local 

authorities exercise their long-standing 

authority under State and local laws and 

regulations to investigate allegations of 

child abuse and neglect and will 

continue to seek to establish agreements 

with States and local authorities to 

investigate child abuse and neglect at 

EIFs. However, as noted above, as of the 

date of publication, ORR does not 

currently have written agreements with 

State or local authorities to conduct 

child welfare investigations at EIFs, and 

as noted above, FBI investigations are 

limited to allegations that potentially 

rise to the level of Federal crimes. 

Further, with DCPI investigations of 

alleged child abuse and neglect 

underway, there is also a need to 

maintain an ORR central registry to 

document substantiated abuse and 

neglect findings based on its own 

investigations. As in States that do not 

to provide an investigative 

infrastructure for ORR-funded facilities 

housing unaccompanied children, both 

investigations and the maintenance of a 

central registry are required at EIFs— 

particularly where no State or local 

investigative infrastructure is available 

(e.g., pursuant to a formal written 

agreement with ORR). 

ORR notes that any ORR 

investigations into allegations of child 

abuse and neglect at EIFs under this rule 

would be separate from any other 

investigations that may occur by other 

authorities, whether pursuant to the 

VCAA or otherwise, and will not 

conflict with investigations by those 

other authorities. 


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3. Scope of Rulemaking 

This IFR describes the circumstances 

in which ORR will investigate and 

substantiate child abuse and neglect 

allegations. It also delineates further 

steps ORR may take upon conducting 

such investigations to protect 

unaccompanied children, such as 

ensuring that certain individuals against 

whom allegations of child abuse and 

neglect have been substantiated and 

upheld after an appeal and review 

process are prevented from working or 

volunteering in any way on ORR-funded 

grants or contracts, and that alleged 

perpetrators with pending allegations do 

not have continued access to children. 

As discussed below at section VI, 

considering ORR’s recent establishment 

of the DCPI, there is good cause to issue 

an IFR both to describe the nature and 

scope of ORR investigations, and 

critically, to establish required 

consequences for certain investigative 

findings, with appropriate due process 

protections. 

This IFR: 

• Describes the responsibilities of 

ORR to conduct investigations into 

allegations of child abuse and neglect of 

unaccompanied children at (1) care 

provider facilities located in States 

where the State agency responsible for 

investigating child abuse and neglect 

allegations will not investigate such 

allegations in ORR-funded care provider 

facilities, and at (2) EIFs; 

• Defines the applicable burden of 

proof as a preponderance of the 

evidence and describes the investigation 

disposition types as substantiated-Tier I; 

substantiated-Tier II; not substantiated; 

unfounded; or administratively closed; 

• Describes notification requirements 

of the findings of investigations; 

• Describes an appeal and review 

process for individuals with 

substantiated allegations of child abuse 

and neglect at ORR care provider 

facilities in States that will not 

investigate allegations of abuse or 

neglect in facilities housing 

unaccompanied children and at 

emergency or influx facilities; 

• Creates an ORR Central Registry, 

and associated processes and sanctions, 

for individuals with sustained Tier I 

allegations of child abuse and neglect at 

EIFs and at ORR care provider facilities 

in States that will not investigate 

allegations of abuse or neglect in 

facilities housing unaccompanied 

children; and 

• Describes requirements for care 

provider facilities to cooperate with 

investigations. 

D. Severability 

The different parts of this interim 

final rule address distinct aspects of 

investigations of child abuse and 

neglect. These include: the investigation 

of allegations of child abuse and neglect 

occurring at care provider facilities that 

do not conduct their own investigations, 

and investigations at EIFs (§ 412.100); 

interventions and discipline, including 

an ORR Central Registry of perpetrators 

relating to certain sustained allegations 

(§ 412.101); the appeal and review 

process (§ 412.102); and obligations of 

care provider facilities (§ 412.103) in 

cooperating with investigations. To the 

extent any section or subsection of the 

rule is declared invalid by a court, ORR 

intends for all remaining sections and 

subsections to remain in effect, as they 

would continue to function sensibly. As 

an illustration, ORR expects that if a 

court were to invalidate § 412.100(c)(2), 

which makes the requirements of 

§ 412.100 relating to investigations into 

allegations of child abuse and neglect 

applicable to EIFs, the standards, 

requirements, and procedures under 

§ 412.100 would continue to be 

applicable to care provider facilities 

housing unaccompanied children in 

States where the State agency 

responsible for investigating child abuse 

and neglect allegations will not 

investigate such allegations in ORRfunded care provider facilities, as 

provided in § 412.100(c)(1). Likewise, 

ORR expects that if a court were to 

declare that the ORR Central Registry as 

defined at § 412.001 and described at 

§ 412.101(a) is invalid, the requirements 

of § 412.100 relating to investigations 

into allegations of child abuse and 

neglect at certain facilities, and the 

obligations of care facilities delineated 

at § 412.103 will remain in effect. 

V. Discussion of Elements of the Interim 

Final Rule 

Section 412.001 Definitions 

ORR, in § 412.001, is codifying the 

definitions of terms that apply to this 

part. Many terms used in this rule are 

defined in other authorities, including 

statutes and ORR regulations, and this 

rule uses these terms consistently with 

those definitions. For example, this rule 

uses the term ‘‘unaccompanied child’’ 

consistently with the definition 

provided in the UC Program 

Foundational Rule, at 45 CFR 410.1001 

(which is further consistent with the 

definition of ‘‘unaccompanied alien 

child’’ found in the Homeland Security 

Act (HSA), at 6 U.S.C. 279(g)(2)). Below, 

ORR further explains its rationale for 

certain definitions applied in this rule. 

The definition of ‘‘administrative 

closure’’ describes when ORR 

determines it will not make a finding 

regarding an allegation of child abuse or 

neglect. Administrative closure does not 

imply that ORR would have found an 

allegation of abuse or neglect to be 

substantiated or not substantiated. ORR 

may assign an intake report for 

administrative closure if ORR 

determines it is not appropriate for 

investigation. Reasons for 

administrative closure before an 

investigation may include, but are not 

limited to, lack of jurisdiction to 

conduct an investigation of the 

allegation (e.g., if the alleged abuse or 

neglect occurred in a State where the 

State agency responsible for 

investigating child abuse and neglect 

continues to investigate such reports of 

unaccompanied children in ORR care); 

transfer of the report to another 

jurisdiction or agency; an allegation not 

rising to the level of child abuse or 

neglect; duplication of an existing 

report; or an allegation is otherwise 

outside the scope of this rule, as 

described at § 412.100(c). ORR may also 

make a disposition of administrative 

closure after investigation. Reasons for 

administrative closure after an 

investigation may include, but are not 

limited to, inability to contact the child; 

insufficient information to proceed with 

the investigation; or transfer to another 

jurisdiction or agency. If ORR 

administratively closes an intake report 

or investigation, it may consider further 

investigation related to the initial 

allegation if new information becomes 

available. 

The definition of ‘‘alleged 

perpetrator’’ means a person who is 

alleged to have abused or neglected a 

child within the scope of this part as 

described at § 412.100(a) and (c). The 

term encompasses individuals who are 

identified in an intake report, and 

subject to an investigation under this 

part, but does not include individuals 

who have been subject to an 

investigation which resulted in a not 

substantiated allegation, unfounded 

allegation, or administrative closure. Per 

the definition of child abuse and neglect 

set out at § 412.001, alleged perpetrators 

can include individuals who observed, 

permitted, or otherwise allowed a child 

to be mistreated and knowingly failed to 

act to protect the child. Alleged 

perpetrators do not become sustained 

perpetrators until all appropriate 

investigative steps have been completed 

and they have exhausted all 

administrative remedies, including 

waiving their right to appeal, as 


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applicable and as specified in 

§ 412.102(c). 

The definition of ‘‘child abuse and 

neglect’’ in this IFR is based on ORR’s 

review of Federal laws, consultation 

with the Administration on Children, 

Youth, and Families, including the 

Children’s Bureau, and on its 

experience operating the UC Bureau. 

For example, ORR intends that this 

definition capture the types of behaviors 

identified at 22 U.S.C. 7102, 34 U.S.C. 

20341, and 42 U.S.C. 5106g, Note § 3, to 

the extent they describe behaviors and 

situations that are relevant to 

unaccompanied children for purposes of 

this rule. At the same time, the 

definition of ‘‘child abuse and neglect’’ 

and related definitions (e.g., medical 

neglect, verbal or emotional abuse) in 

this rule provide additional granularity 

relevant to the UC Bureau. The 

definitions of sexual abuse and sexual 

harassment used in this rule are the 

same as the PSA IFR at 45 CFR 411.6. 

ORR developed other related definitions 

to appropriately capture incidents and 

circumstances that raise child welfare 

concerns, and also reflect how abuse or 

neglect has historically been identified 

within the UC Bureau (e.g., based on 

historical significant incident reporting 

to ORR, input from subject matter 

experts in child welfare including 

ORR’s CWT, Prevention of Sexual 

Abuse Team, Division of Health for 

Unaccompanied Children, Federal field 

specialists, and Data Analytics and 

Information Management team). For 

example, this IFR provides separate 

definitions distinguishing neglect and 

medical neglect, and child abuse from 

child neglect, in contrast to 34 U.S.C. 

20341, which groups these concepts 

together. Having separate definitions in 

this rule also enables ORR to have 

accurate data on specific kinds of abuse 

or neglect that may occur with respect 

to children in its care. 

The definition of ‘‘inappropriate 

sexual behavior’’ refers to inappropriate 

sexual, derogatory, or offensive conduct 

that does not rise to the level of sexual 

abuse or sexual harassment. ORR 

intends that this term, which is also 

used in current ORR policies, capture 

conduct that falls outside of other 

relevant definitions, but still merits 

reporting and response. 

The definition of ‘‘medical neglect’’ 

draws in part from ORR’s review of 

other Federal authorities. For example, 

it is meant to include concerns 

described in the definition of ‘‘negligent 

treatment’’ from 34 U.S.C. 20341(c)(7), 

and the definition of ‘‘neglect’’ from 42 

CFR 483.5. ORR found that these 

authorities described the types of issues 

from which it seeks to protect 

unaccompanied children in its custody, 

and, to that extent, these authorities 

informed the definition of ‘‘medical 

neglect’’ in this rule. ORR is providing 

a separate definition for medical 

neglect, distinct from other forms of 

neglect, based on its experience 

operating the UC Bureau, including 

knowledge of the forms of neglect 

historically reported within the context 

of the UC Bureau, and the importance 

of having sufficient granularity in data 

reporting and monitoring to 

appropriately capture and address the 

types of incidents and circumstances 

that raise child welfare concerns. 

‘‘Multidisciplinary team’’ is defined 

as a group of individuals comprised of 

ORR staff, including subject matter 

experts. Multidisciplinary teams 

provide input to ORR’s Child Welfare 

Investigators by assessing reported 

allegations of child abuse and neglect at 

care provider facilities and making 

recommendations regarding physical 

and behavioral healthcare needs of 

unaccompanied children potentially 

impacted by child abuse and neglect at 

these facilities. Notably, the 

multidisciplinary team may include, but 

is not limited to, child welfare experts, 

forensic interviewers, mental health 

practitioners, child development and 

disability practitioners, pediatricians 

and other medical experts as needed, 

policy advisors, Federal program 

analysts, Federal program management 

staff, or other subject matter experts. 

The multidisciplinary team will also 

focus on the physical and behavioral 

healthcare needs of unaccompanied 

children potentially impacted by, and 

during the course of, the investigation of 

child abuse or neglect. Importantly, this 

team is different from, and in addition 

to, the ORR Child Welfare Investigator. 

The ORR Child Welfare Investigator sits 

within the DCPI, which will have the 

option to consult with the separate 

multidisciplinary team as necessary and 

appropriate. ORR believes that this 

collaborative approach to the 

investigation will lead to a coordinated 

response, representing a variety of fields 

and disciplines to support 

unaccompanied children while also 

ensuring a more efficient and thorough 

investigation. 

The definition of ‘‘not substantiated 

allegation’’ means a disposition that 

there is not a preponderance of the 

evidence establishing that the alleged 

perpetrator committed child abuse or 

neglect (as defined in this section), but 

there is at least some evidence that the 

unaccompanied child was harmed or 

placed at risk of harm, whether or not 

by the alleged perpetrator. This term 

does not include administratively 

closed allegations. ORR notes that this 

definition differs from its definition of 

‘‘unsubstantiated allegation’’ under the 

PSA IFR at 45 CFR 411.5 (‘‘an allegation 

that was investigated and the 

investigation produced insufficient 

evidence to make a final determination 

as to whether or not the event 

occurred’’). This investigation 

disposition, as well as the other defined 

dispositions, are further described in 

§ 412.100. 

The definition of ‘‘physical abuse’’ in 

this IFR aligns with the types of 

behaviors identified at 34 U.S.C. 20341 

and described at 42 U.S.C. 5106g, Note 

§ 3, to the extent that those provisions 

describe behaviors and situations that 

are relevant to unaccompanied children 

for the purposes of this rule. Further, 

the definition of ‘‘physical abuse’’ 

provided in this rule includes specific 

non-exhaustive examples, based on 

ORR’s experience operating the UC 

Bureau and the forms of physical abuse 

historically reported, as well as 

feedback from care provider facilities 

that definitions with greater specificity 

better support effective reporting and 

monitoring. 

The definition of ‘‘preponderance of 

the evidence’’ describes the burden of 

proof used to substantiate allegations of 

child abuse and neglect. ORR notes that 

this definition is based on 42 CFR 

93.219, and that this definition means 

something is more likely than not to be 

true. 

The definition of ‘‘sexual abuse,’’ has 

the same meaning as that term is 

defined in 45 CFR 411.6. 

The definition of ‘‘sexual 

harassment,’’ has the same meaning as 

that term is defined in 45 CFR 411.6. 

ORR notes that this definition indicates 

that prohibited conduct ‘‘includes’’ 

repeated actions; however, the 

definition is not intended to be 

exhaustive, and a single instance may 

constitute sexual harassment. 

The definition of ‘‘sub-grantee’’ is 

based on the definition of the term 

‘‘subrecipient’’ from 45 CFR 75.2. ORR 

is using the term sub-grantee instead of 

subrecipient for consistency with 

existing ORR policies and guidance. 

The definition of ‘‘substantiated 

allegation-Tier I’’ means a disposition 

that there is a preponderance of the 

evidence establishing that the alleged 

perpetrator committed child abuse or 

neglect, and the investigation indicates 

one or more automatic Tier I 

substantiating circumstances have been 

found pursuant to § 412.100(e)(7) or 

substantiation at Tier I is warranted 

based on consideration of aggravating 

and mitigating factors pursuant to 

§ 412.100(e)(8). ORR notes that this 


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41As of the publication of this rule, the only such 

state is Texas. 

definition differs from its definition of 

‘‘substantiated allegation’’ under the 

PSA IFR at 45 CFR 411.5 (‘‘an allegation 

that was investigated and determined to 

have occurred’’) to incorporate that 

ORR, as the investigating entity, is using 

the preponderance of evidence standard 

to establish a disposition of 

‘‘substantiated’’ and to incorporate the 

consideration of automatic Tier I 

substantiating circumstances, 

aggravating factors, and mitigating 

factors. 

The definition of ‘‘substantiated 

allegation-Tier II’’ means a disposition 

that there is a preponderance of the 

evidence establishing that the alleged 

perpetrator committed child abuse or 

neglect, and that based on consideration 

of aggravating and mitigating factors 

pursuant to § 412.100(e)(8), the evidence 

does not warrant a finding of 

‘‘Substantiated Allegation-Tier I.’’ ORR 

notes that this definition differs from its 

definition of ‘‘substantiated allegation’’ 

under the PSA IFR at 45 CFR 411.5 (‘‘an 

allegation that was investigated and 

determined to have occurred’’) to 

incorporate that ORR, as the 

investigating entity, is using the 

preponderance of the evidence standard 

to establish a disposition of 

‘‘substantiated’’ and to incorporate the 

consideration of whether a disposition 

of substantiated allegation-Tier I is 

warranted, including in consideration of 

the aggravating and mitigating factors. 

The definition of ‘‘substantiated 

perpetrator’’ means a person against 

whom an allegation of child abuse or 

neglect has been substantiated by ORR 

at Tier I or Tier II, but who has not 

exhausted the applicable appeal and 

review process for such allegations. 

Substantiated perpetrators at both Tier I 

and Tier II may appeal the disposition 

made by ORR to an Administrative Law 

Judge (ALJ) of the HHS Departmental 

Appeals Board (DAB) pursuant to 

§ 412.102(c) and subsequently to the 

HHS Assistant Secretary for Children 

and Families pursuant to § 412.102(e). 

The definition of ‘‘sustained 

allegation’’ means an allegation that was 

substantiated by ORR at Tier I or Tier 

II and that was upheld pursuant to the 

appeal and review process described in 

this rule or for which an appeal and 

review process was dismissed, 

including when the substantiated 

perpetrator waives their right to appeal 

by failing to make a timely request or by 

waiving those rights as specified in 

§ 412.102(c). 

The definition of ‘‘sustained 

perpetrator’’ means a substantiated 

perpetrator at Tier I or Tier II whose 

child abuse or neglect finding was 

upheld in the appeal and review process 

or whose appeal and review process was 

dismissed, including due to the 

sustained perpetrator’s waiver of their 

right to appeal by failing to timely 

request appeal, or by otherwise waiving 

those rights as specified at § 412.102(c). 

Tier I Sustained perpetrators shall be 

prohibited from working in any way in 

connection with ORR-funded grants or 

contracts, including working or 

volunteering at any ORR care provider 

facility; may not have access to or 

contact with any unaccompanied child 

in ORR custody; will be added to the 

ORR Central Registry; and will be 

referred to appropriate law enforcement 

agencies. Information concerning Tier II 

sustained perpetrators will be recorded 

and maintained in agency records. 

The definition of ‘‘unfounded 

allegation’’ means a disposition that 

there is not a preponderance of the 

evidence establishing that the alleged 

perpetrator committed child abuse or 

neglect, and the evidence indicates that 

the unaccompanied child was not 

harmed or placed at risk of harm. ORR 

notes that this definition differs from its 

definition of ‘‘unfounded allegation’’ 

under 45 CFR 411.5 (‘‘an allegation that 

was investigated and determined not to 

have occurred’’) to incorporate that 

ORR, as the investigating entity, is using 

the preponderance of evidence standard 

to establish a disposition of ‘‘unfounded 

allegation.’’ ORR also notes that records 

regarding unfounded allegations are 

maintained and disposed of in 

accordance with the applicable federal 

records management requirements. 

The definition of ‘‘verbal or emotional 

abuse’’ aligns with the definition of 

‘‘mental injury’’ at 34 U.S.C. 20341 and 

described at 42 U.S.C. 5106g, Note § 3, 

to the extent that those authorities 

describe behaviors and situations that 

are relevant to unaccompanied children 

for the purposes of this rule. The 

definition also includes specific nonexhaustive examples, based on ORR’s 

experience operating the UC Bureau and 

the forms of verbal and emotional abuse 

historically reported, as well as 

feedback from care provider facilities 

that definitions with greater specificity 

will better support effective reporting 

and monitoring. 

Section 412.100 Investigations Into 

Allegations of Child Abuse and Neglect 

ORR describes the purpose of this IFR 

at § 412.100(a). This rule establishes the 

standards, requirements, and 

procedures for investigations by ORR of 

allegations of child abuse and neglect of 

unaccompanied children in ORR 

custody alleged to have been committed 

by care provider facility staff, 

contractors or sub-grantees of the care 

provider facility, care provider facility 

volunteers, or other individuals who 

have access to children in ORR care 

through contracts or grants with ORR, 

subject to § 412.100(c). ORR may also 

investigate individuals including those 

who are affiliated with legal service 

providers, child advocates, or other 

contractors engaged by ORR or the 

relevant care provider facility, to the 

extent allegations of abuse or neglect 

concern unaccompanied children who 

were in ORR custody at the time of the 

alleged incident. ORR believes these 

regulations will reduce the risk of child 

abuse and neglect of unaccompanied 

children in ORR care. 

Section 412.100(b) provides that the 

provisions of this part are separate and 

severable from one another and that if 

any provision is stayed or determined to 

be invalid in a final judgment by a court 

of law, the remaining provisions shall 

continue in effect. This provision is 

meant to be consistent with the 

discussion of severability provided in 

the preamble at section IV.D. 

Section 412.100(c) states that this rule 

applies in two circumstances. First, it 

applies to care provider facilities 

located in States where the State agency 

otherwise responsible for investigating 

child abuse and neglect allegations will 

not, as a matter of policy, investigate 

allegations of abuse or neglect 

concerning unaccompanied children at 

ORR-funded care provider facilities.41

Second, this rule applies to EIFs. ORR 

notes this regulation implements ORR’s 

statutory authority to conduct 

investigations and inspections of care 

provider facilities and other entities in 

which unaccompanied children reside 

while in ORR custody, regardless of the 

alleged perpetrator’s particular role or 

job at the care provider facility—i.e., 

regardless of whether they are employed 

directly by the care provider facility, are 

employed by a contractor or sub-grantee 

of the care provider facility, are caring 

for unaccompanied children through a 

cooperative agreement with ORR, or are 

volunteers at a care provider facility. 

Finally, this regulation provides ORR 

the authority to investigate any 

allegations of child abuse and neglect 

that occurred during a child’s stay at an 

ORR care provider facility, even if the 

allegation is reported after the 

unaccompanied child has been released 

from ORR care and custody. In the event 

that a child is transferred to another care 

provider facility, ORR will continue to 

investigate any allegations of child 

abuse and neglect that occurred at the 


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93506 Federal Register / Vol. 89, No. 229 / Wednesday, November 27, 2024 / Rules and Regulations 

42See, ORR Policy Guide Section 5.8.2 

Significant Incidents. 

43See ORR, Office of Refugee Resettlement 

National Call Center, https://www.acf.hhs.gov/orr/ 

outreach-material/office-refugee-resettlementnational-call-center (date accessed Sept. 6, 2024). 

care provider facility for which the 

allegation was submitted. 

ORR believes that it is critical to 

ensure that allegations of child abuse 

and neglect are reported to ORR. For 

example, ORR’s existing policies and 

procedures require care provider 

facilities to report all allegations of child 

abuse and neglect of an unaccompanied 

child in ORR custody to ORR and to 

Federal, State, and local authorities in 

accordance with any applicable Federal, 

State, and local reporting and licensing 

laws.42 Further, 45 CFR 411.61 requires 

care provider facilities to report to ORR 

any allegation, suspicion, knowledge, or 

information regarding an incident of 

sexual abuse or sexual harassment 

occurring in ORR care, along with any 

retaliatory actions resulting from 

reporting such incidents. The UC 

Program Foundational Rule requires at 

45 CFR 410.1303(g) that all care 

provider facilities report to ORR any 

emergency incident, significant 

incident, or program-level event, in 

accordance with any applicable Federal, 

State, and local reporting laws. These 

existing requirements apply to all ORR 

care provider facilities. The 

requirements outlined in this rule at 

§ 412.100(d) further provide that any 

person may report an allegation of child 

abuse and neglect to ORR directly, to 

the care provider facility, or to a 

designated entity or office that is not 

part of the care provider facility. To 

ensure clarity and consistency, ORR 

believes it is important to outline these 

additional reporting requirements for 

care provider facilities subject to this 

rule. 

ORR believes that ensuring 

individuals can report allegations of 

child abuse and neglect without fear of 

retaliation is key to ensuring that such 

reports are made. Therefore, under 

§ 412.100(d), care provider facilities to 

which this part applies must have 

written policies and procedures that 

allow children, care provider facility 

staff, contractors or sub-grantees of the 

care provider facility, care provider 

facility volunteers, families of 

unaccompanied children, legal service 

providers, child advocates, attorneys of 

record, and any other persons to report 

allegations of child abuse and neglect to 

ORR directly, to the care provider 

facility, or to a designated entity or 

office that is not part of the care 

provider facility. Under § 412.100(d), 

the written policies and procedures 

must minimally address three topics. 

First, under § 412.100(d)(1), the care 

provider facilities’ policies and 

procedures must at minimum provide 

unaccompanied children and other 

individuals with methods for reporting 

and inform them of how they can report 

an allegation of child abuse and neglect 

to a designated entity or office that is 

not part of the care provider facility. 

Such entity or office must be able to 

receive allegations of child abuse and 

neglect and to immediately forward 

them to ORR, allowing unaccompanied 

children to remain anonymous upon 

request. Second, under § 412.100(d)(2), 

all the methods of reporting must be 

accessible to all unaccompanied 

children including those with 

disabilities and those with limited 

English proficiency. This can include, 

for example, ensuring unaccompanied 

children are aware of, and are able to 

call, ORR’s National Call Center.43 In 

order to be accessible to unaccompanied 

children with disabilities, the method of 

reporting must provide effective 

communication consistent with section 

504 of the Rehabilitation Act of 1973. In 

addition, ORR notes that the 

requirements for language access for 

unaccompanied children with 

disabilities under the UC Program 

Foundational Rule must also be met, at 

45 CFR 410.1306 and 45 CFR 410.1311 

respectively. Third, under 

§ 412.100(d)(3), the care provider 

facility policies and procedures must 

include protections to prevent 

retaliation against unaccompanied 

children and others who report 

allegations of child abuse and neglect. 

At § 412.100(e), ORR is establishing 

requirements for the screening and 

intake of reports of allegations of child 

abuse and neglect, conducting 

investigations, assigning dispositions to 

the allegations, and documenting 

investigations. When receiving reports 

of allegations of child abuse and neglect 

and conducting investigations, ORR 

must ensure the health and safety of 

unaccompanied children while making 

every effort to reduce further trauma to 

the alleged victim(s). 

ORR is requiring at § 412.100(e)(1), 

that when it receives a report of alleged 

child abuse or neglect, ORR must 

generate an intake report and determine 

whether the report includes an 

allegation that, if found to be true, 

would meet the definition of child 

abuse and neglect in this part and is 

consistent with § 412.100(a) and (c). If 

so, ORR will assign the intake report for 

investigation. If not, ORR will assign the 

intake report for administrative closure. 

ORR will assign an intake report for 

investigation where the allegation meets 

the requirements of § 412.100(a) and (c); 

but ORR may in its discretion elect not 

to investigate an allegation at an EIF if 

it has a formal written agreement with 

the relevant State or local authority to 

perform such investigations. ORR may 

administratively close an intake report 

when it determines it is not appropriate 

for an investigation, which may include 

circumstances such as those described 

in the definition of administrative 

closure in § 412.001. ORR notes that it 

will assign an intake report for 

investigation in accordance with the 

requirements at § 412.100(e) even if the 

child is no longer in ORR care, as long 

as the alleged abuse or neglect occurred 

while the child was in ORR care. This 

could include, for example, instances in 

which an unaccompanied child reports 

an allegation of abuse or neglect to ORR 

after they have been released, or if the 

child has been transferred to another 

care provider facility. In the event that 

a child has been transferred to a new 

care provider facility in a State that 

conducts investigations, ORR will 

continue its investigation in the State in 

which the alleged child abuse or neglect 

occurred, as the alleged perpetrator may 

still pose a risk to other children in the 

care provider facility from which the 

child was transferred. ORR will 

document and assess the report to 

determine the timeline for assigning the 

report for investigation based on the 

level of risk of harm to the alleged 

victim and assign different response 

times based on the level of risk of harm. 

ORR will document and maintain a 

record of every allegation received at 

care provider facilities that fall under 

this IFR, whether it is ultimately 

assigned for investigation and a 

disposition rendered or assigned for 

administrative closure. ORR’s decision 

and rationale about whether to classify 

the allegation as an intake report and 

assign it for investigation (or for 

administrative closure) will also be 

documented. 

After an intake report is assigned for 

investigation, under § 412.100(e)(2), 

ORR shall assign an ORR Child Welfare 

Investigator to make a prompt and 

thorough investigation of the report to 

obtain sufficient information to 

determine whether the allegation is 

substantiated based on a preponderance 

of the evidence. The preponderance of 

the evidence standard for ORR 

investigations shall be applied in 

determining whether the alleged 

perpetrator committed child abuse or 

neglect. As such, the investigation 

prescribed in this section relates to the 


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Federal Register / Vol. 89, No. 229 / Wednesday, November 27, 2024 / Rules and Regulations 93507 

44See, e.g., 79 FR 77768, 77793; 77797. 45See 45 CFR 411.16(c), (d). 

underlying allegation of abuse or neglect 

to a child, in addition to focusing on the 

individual perpetrator(s) involved. ORR 

will communicate its disposition to the 

alleged perpetrator, consistent with the 

requirements set forth at § 412.100(g), 

specifying whether the investigation 

determined that the alleged perpetrator 

committed abuse or neglect as defined 

in this rule. ORR emphasizes that this 

child-centered approach comports with 

common child welfare best practices 

seen across State systems. 

ORR is requiring, at § 412.100(e)(3), 

that ORR shall provide notification that 

an allegation of child abuse and neglect 

will be investigated by ORR. This 

notification shall be provided to the 

alleged perpetrator; care provider 

facility; alleged victim; alleged victim’s 

attorney of record (if the child has an 

attorney of record); and the alleged 

victim’s parent(s), legal guardian(s), or 

sponsor(s) (as appropriate), unless ORR 

has evidence showing the parents, legal 

guardians, or sponsors should not be 

notified. If the alleged victim is 14 years 

old or older and ORR has determined 

that the alleged victim is able to make 

an independent decision, the alleged 

victim can affirmatively consent to 

disclosure. ORR notes that this 

notification requirement to the alleged 

victim, their attorney of record, and 

their parents, legal guardians, or 

sponsors is consistent with ORR’s 

existing subregulatory notification 

policies and the PSA IFR requirements 

at 45 CFR 411.61(e) that are specific to 

sexual abuse and sexual harassment. To 

be clear, ORR also notes that the 

requirements of 45 CFR 411.61(f) 

continue to apply with respect to 

allegations of sexual abuse and 

harassment. 

ORR is requiring, at § 412.100(e)(4), 

that the care provider facility must take 

immediate responsive measures to 

protect child welfare when notified that 

an investigation has been initiated, 

confirm the actions to ORR, and notify 

the alleged perpetrator, as appropriate. 

Such responsive measures may extend 

throughout the pendency of an 

investigation, and during the pendency 

of appeal and review processes, as 

necessary and applicable. ORR believes 

that this requirement is necessary to 

protect the safety and well-being of the 

unaccompanied children in ORR’s care 

and custody until the allegation is either 

found to be not substantiated, 

unfounded, or is administratively 

closed. Additionally, ORR notes that 

care provider facility actions must be 

consistent with 45 CFR 411.66, which 

requires that any ORR and care provider 

facility staff, contractors, and volunteers 

suspected of perpetrating sexual abuse 

or sexual harassment must be 

suspended from all duties that would 

involve or allow access to 

unaccompanied children pending the 

outcome of an investigation. 

At § 412.100(e)(5), ORR is establishing 

minimum standards that ORR shall 

follow when investigating allegations of 

child abuse and neglect. ORR 

investigations under this rule are not 

intended to replace investigations that 

may be performed by other relevant 

authorities, including State law 

enforcement or other Federal agencies, 

or entities designated under the VCAA 

to receive reports of child abuse. 

Accordingly, to the extent possible and 

appropriate, ORR is requiring at 

§ 412.100(e)(5)(i) that it coordinate with 

any local or State law enforcement or 

other Federal agencies during its 

investigation. ORR may pause or resume 

an investigation at its discretion, with 

input from law enforcement partners or 

other relevant investigatory bodies, as 

necessary. Such coordination and 

cooperation with outside investigations 

is consistent with similar principles 

described in the PSA IFR.44

Additionally, under 

§ 412.100(e)(5)(ii), ORR shall establish, 

as necessary, a multidisciplinary team 

comprised of ORR staff, which may 

include, but is not limited to, child 

welfare experts, forensic interviewers, 

mental health practitioners, child 

development and disability 

practitioners, pediatricians and other 

medical experts as needed, policy 

advisors, Federal program analysts, 

Federal program management staff, and 

subject matter experts to collaborate 

with the ORR Child Welfare 

Investigator. Although the ORR Child 

Welfare Investigator is responsible for 

rendering a final disposition based on 

their investigation, the 

multidisciplinary team will engage a 

range of ORR staff who are subject 

matter experts to provide input and an 

assessment of the reported allegation of 

child abuse or neglect to assist the ORR 

Child Welfare Investigator’s 

investigation. The multidisciplinary 

team will also focus on the physical and 

behavioral healthcare needs of 

unaccompanied children potentially 

impacted by, and during the course of, 

the investigation of child abuse or 

neglect. This team is different from, and 

in addition to, the ORR Child Welfare 

Investigator and the DCPI will have the 

option to consult with the separate 

multidisciplinary team as necessary and 

appropriate. ORR believes that this 

collaborative approach to the 

investigation will lead to a coordinated 

response, representing a variety of fields 

and disciplines to support 

unaccompanied children while also 

ensuring a more efficient and thorough 

investigation. 

Under § 412.100(e)(5)(iii), the Child 

Welfare Investigator is required to 

complete certain minimum actions 

during an investigation. The Investigator 

should demonstrate that they have 

thoroughly investigated the allegation to 

obtain sufficient information for ORR to 

make a disposition. Under 

§ 412.100(e)(5)(iii)(A), ORR is requiring 

that upon receipt of the intake report, 

the ORR Child Welfare Investigator 

must review the intake report and the 

care provider facility’s records on the 

alleged victim and alleged perpetrator, 

conduct a background check on the 

alleged perpetrator, interview the 

person who reported the allegation if 

this person was not interviewed during 

intake, immediately request 

preservation of any potential video and 

documentary evidence, and as needed, 

establish a plan for thoroughly 

investigating the allegation. ORR 

already requires background checks of 

care provider facility staff, contractors, 

and volunteers prior to hiring or before 

such individuals may have contact with 

unaccompanied children; 45 but the 

intent of this requirement is to ensure 

that ORR has an updated background 

check regarding the alleged perpetrator. 

This may include an FBI fingerprint 

check of national and State criminal 

history repositories, a National Sex 

Offender Public website check, state 

child abuse and neglect registry checks, 

or other public records checks. Further, 

ORR recognizes the importance of 

avoiding the loss of any video and 

documentary evidence and therefore 

requires the ORR Child Welfare 

Investigator to immediately seek 

preservation of that evidence. At 

§ 412.100(e)(5)(iii)(B), ORR is requiring 

the ORR Child Welfare Investigator to 

visit the care provider facility, as 

appropriate, to conduct a walkthrough 

of the facility and review video and 

documentary evidence. The intent of 

this requirement is to ensure the 

Investigator is able to review any video 

and documentary evidence in a timely 

way and record any observations that 

may be relevant to the investigation. 

Visits to the care provider facility may 

be unannounced, and the ORR Child 

Welfare Investigator may visit a care 

provider facility as often as necessary to 

complete an investigation. 

Under § 412.100(e)(5)(iii)(C), ORR is 

requiring the ORR Child Welfare 

Investigator to make reasonable efforts 


ddrumheller on DSK120RN23PROD with RULES1
93508 Federal Register / Vol. 89, No. 229 / Wednesday, November 27, 2024 / Rules and Regulations 

46Child Welfare Information Gateway. (2023). 

Forensic interviewing: A primer for child welfare 

professionals. U.S. Department of Health and 

Human Services, Administration for Children and 

Families, Children’s Bureau. Available at: https://

www.childwelfare.gov/pubs/factsheets/ 

forensicinterviewing/. 

to interview all individuals who have 

information relevant to the report of 

child abuse or neglect, including, but 

not limited to, the alleged perpetrator, 

care provider facility staff, the alleged 

victim, sponsor(s), and the parent(s) or 

legal guardian(s) (as appropriate) of the 

alleged victim, and any other potential 

witnesses. ORR recognizes the 

importance of conducting investigations 

in a way that minimizes the number of 

times individual children, including the 

alleged victim and those who may have 

relevant information, are interviewed, 

so as to mitigate potential trauma during 

the investigation process and to promote 

reliability of the information collected. 

This includes taking into consideration 

when law enforcement or other Federal 

entities are conducting an investigation 

of the same allegation in alignment with 

§ 412.100(e)(5)(i). ORR recognizes that 

some children, however, may require 

multiple interviews in order to feel 

more comfortable discussing allegations 

of child abuse and neglect, remember 

details, or overcome feelings of shame 

or guilt.46

Care provider facility staff will not be 

compelled to address questions about 

allegations regarding either themselves 

or other staff, under threat of 

disciplinary actions. ORR will not use 

threat of discharge to force an employee 

to be interviewed. 

ORR notes that there may be 

circumstances where the ORR Child 

Welfare Investigator may not be able to 

interview all individuals who have 

information relevant to the report of 

child abuse or neglect. For example, the 

ORR Child Welfare Investigator may be 

unable to locate the individual after 

making reasonable efforts or the 

individual is unable to be interviewed 

due to the individual’s parent, legal 

guardian, sponsor, or attorney 

representing the individual, refusing to 

permit the interview. ORR also notes 

that there may be situations in which it 

would not be appropriate for the parent, 

legal guardian, or sponsor to be 

interviewed (e.g., when a child 14 years 

old or older has not consented to 

disclosure). Additionally, the ORR 

Child Welfare Investigator may not be 

able to interview an alleged perpetrator 

if the perpetrator was arrested or is 

under investigation by a law 

enforcement agency and the interview 

would interfere with the investigation; 

or the alleged perpetrator is detained 

and the jail, prison, or other detention 

facility where the alleged perpetrator is 

detained will not permit the interview. 

At § 412.100(e)(5)(iii)(D), ORR is 

requiring the ORR Child Welfare 

Investigator ensure that interviews 

conducted as part of the investigation 

are accessible for all unaccompanied 

children, including those with 

disabilities and those with limited 

English proficiency and are properly 

documented either in writing or by 

audio or video recording. In order to be 

accessible for unaccompanied children 

with disabilities, the interviews must 

provide effective communication 

consistent with section 504 of the 

Rehabilitation Act of 1973. In addition, 

ORR notes that the requirements for 

language access and the requirements 

for unaccompanied children with 

disabilities under the UC Program 

Foundational Rule must also be met, at 

45 CFR 410.1306 and 45 CFR 410.1311 

respectively. 

At § 412.100(e)(5)(iii)(F), ORR is 

requiring that the ORR Child Welfare 

Investigator review any available 

evidence in DCPI’s records relating to 

past conduct of an alleged perpetrator, 

except allegations that resulted in a 

finding of unfounded or administrative 

closure. ORR’s intent in taking these 

steps is to ensure that it captures 

situations that reveal patterns of 

behavior warranting further scrutiny but 

protects the rights of the individual as 

relates to prior unfounded or 

administratively closed allegations. 

At § 412.100(e)(5)(iii)(F), ORR is 

requiring the ORR Child Welfare 

Investigator to gather relevant 

information as part of the investigation, 

including documents and audio or 

video evidence. 

Lastly, at § 412.100(e)(5)(iii)(G), ORR 

is requiring the ORR Child Welfare 

Investigator to assess any imminent or 

ongoing risk of child abuse or neglect to 

the unaccompanied children at the care 

provider facility and, as appropriate, 

request that the care provider facility 

implement a plan to mitigate the risk 

and ensure the safety of the children. 

ORR’s intent, in addition to 

investigating the underlying allegation, 

is also to assess any imminent or 

ongoing risks to children at the care 

provider facility following an allegation 

and to ensure the care provider facility 

implements safeguards to mitigate any 

such risks and ensure the safety of the 

children. The ORR Child Welfare 

Investigator is responsible for 

identifying any immediate risks to child 

welfare during the initial care provider 

facility visit following an allegation. 

This is not the same as determining 

whether the allegation occurred, which 

is done through the described 

investigation process, but rather to gain 

additional insight on how the allegation 

may have occurred. As appropriate, the 

ORR Child Welfare Investigator may 

request that the care provider facility 

implement a plan to mitigate the risk of 

child abuse or neglect to ensure safety 

of the unaccompanied children in ORR 

care at the care provider facility. 

ORR is establishing at § 412.100(e)(6), 

that once the ORR Child Welfare 

Investigator’s investigation is complete, 

ORR has the authority to render a 

disposition based on a preponderance of 

the evidence for each allegation. 

Possible dispositions include 

substantiated allegation-Tier I; 

substantiated allegation-Tier II; not 

substantiated allegation; unfounded; or 

administrative closure. If ORR 

determines the allegation is not 

substantiated, unfounded, or 

administratively closed, it may 

nevertheless consider further future 

investigation of the allegation if new 

information becomes available. ORR 

based its disposition types and 

definitions, including the relevant 

factors in § 412.100(e)(7) and (8), on a 

variety of existing State domestic child 

welfare systems and established best 

practices that balance children’s needs 

and safety, the nuances that can exist in 

each allegation, and the due process 

rights of alleged perpetrators. 

ORR notes that the first step in 

determining the disposition of an 

investigation is establishing whether 

child abuse or neglect, as defined under 

§ 412.001, occurred based on the 

available information. If ORR finds, 

based on a preponderance of the 

evidence, that child abuse or neglect 

occurred, the allegation is considered 

substantiated as defined in § 412.001. 

ORR will determine whether each 

substantiated allegation is considered a 

substantiated allegation-Tier I or 

substantiated allegation-Tier II as to the 

substantiated perpetrator, based on the 

circumstances described at 

§ 412.100(e)(7) and § 412.100(e)(8). ORR 

will make every reasonable effort to 

determine the perpetrator(s) responsible 

for each substantiated allegation of child 

abuse or neglect, and what role any 

other individuals involved in the abuse 

or neglect had, even if they did not 

perpetrate the act. An individual against 

whom an allegation of child abuse or 

neglect has been substantiated by ORR 

at Tier I or Tier II is considered a 

substantiated perpetrator, as defined in 

§ 412.001. Under § 412.001, a 

substantiated perpetrator at Tier I or 

Tier II may appeal ORR’s disposition 

pursuant to the established appeals 

process in § 412.102(d). 


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Federal Register / Vol. 89, No. 229 / Wednesday, November 27, 2024 / Rules and Regulations 93509 

47See 45 CFR 410.1304. 

ORR distinguishes an ‘‘unfounded’’ 

disposition from a ‘‘not substantiated’’ 

disposition based on whether there was 

evidence indicating that a child was 

harmed or placed at risk of harm. ORR 

believes that distinguishing these two 

categories in this way allows for a more 

child-centric approach to conducting 

investigations and rendering 

dispositions by ensuring that any 

situation in which a child is harmed or 

placed at risk of harm is specifically 

documented as such. While there are 

other existing mechanisms, including 

ORR’s Significant Incident Reporting 

and monitoring systems, that may 

capture this information, these 

mechanisms do not specifically 

document ORR investigation 

dispositions. 

By distinguishing ‘‘unfounded’’ and 

‘‘not substantiated’’ dispositions, ORR 

will be able to better monitor and track 

individuals, grantees, and contractors 

who may have repeated instances of 

allegations against them. Even where 

alleged child abuse and neglect is 

ultimately not substantiated, ORR 

believes documenting ‘‘not 

substantiated’’ is important for child 

welfare because over time such findings 

may reveal patterns of conduct requiring 

further scrutiny or action by ORR. 

Notably, ORR is also requiring at 

§ 412.100(e)(5)(iii)(F) that any available 

evidence of past conduct in DCPI’s 

records relating to the same alleged 

perpetrator be reviewed as part of the 

Child Welfare Investigator’s 

investigative process, except for 

allegations that resulted in a finding of 

unfounded or administrative closure. 

Under § 412.100(e)(7), a disposition of 

substantiated allegation-Tier I is 

automatically required where the 

allegation is (1) substantiated by a 

preponderance of the evidence, and (2) 

where certain enumerated factors are 

present. The factors warranting an 

automatic Tier I substantiated allegation 

are: (i) death or near death of a child as 

a result of child abuse or neglect; (ii) 

subjecting or exposing a child to sexual 

abuse or sexual harassment; (iii) 

inflicting an injury or creating a 

condition requiring a child to be 

hospitalized or to receive significant 

medical attention; (iv) repeated 

instances of physical abuse committed 

by the individual against any 

unaccompanied child in ORR care; (v) 

failure to take reasonable action to 

protect a child from sexual abuse or 

repeated instances of physical abuse 

under circumstances where the 

individual knew or should have known 

that such abuse was occurring; and (vi) 

depriving a child of necessary care (e.g., 

food, shelter, healthcare, supervision) 

which either caused serious harm or 

created a substantial risk of serious 

harm. ORR notes that ‘‘individual’’ in 

this case means the care provider 

facility staff, contractors or sub-grantees 

of the care provider facility, care 

provider facility volunteers, or other 

individuals who have access to children 

in ORR care through contracts or grants 

with ORR. Under § 410.100(e)(7)(iv), 

when repeated instances of physical 

abuse are committed by the individual, 

the finding of substantiated allegationTier I could apply to the first incident 

reported if evidence is found which 

indicates a pattern of abusive behavior, 

injuries to a child, or harm. 

Additionally, under § 410.100(e)(7)(v), 

the condition of an individual failing to 

take reasonable action to protect a child 

from sexual abuse or repeated instances 

of physical abuse would be met, for 

example, when another individual is 

aware of the abuse, and fails to take any 

action to stop it, and thus allows the 

perpetrator’s abusive behavior to 

continue. Under § 410.100(e)(7)(vi), the 

condition of depriving a child of 

necessary care which either caused 

serious harm or a substantial risk of 

harm includes cases of willful 

abandonment, deprivation of food, 

withholding of vital healthcare, forced 

isolation, and other acts or omissions of 

similar severity. 

If no automatic Tier I substantiating 

circumstances, as described at 

§ 412.100(e)(7), are present, 

§ 412.100(e)(8) enumerates aggravating 

and mitigating factors which will be 

considered in determining if child abuse 

or neglect should be substantiated at 

Tier I or II. In the absence of automatic 

Tier I substantiating circumstances, 

where ORR finds under a 

preponderance of the evidence that 

child abuse or neglect occurred, ORR 

will make a determination as to whether 

the allegation should be substantiated as 

Tier I or Tier II by weighing aggravating 

and mitigating factors together. 

Consideration of aggravating and 

mitigating factors will be based on the 

totality of the circumstances and in the 

interest of protecting child welfare. ORR 

again notes that the ‘‘individual’’ means 

the care provider facility staff, 

contractors or sub-grantees of the care 

provider facility, care provider facility 

volunteers, or other individuals who 

have access to children in ORR care 

through contracts or grants with ORR. 

Aggravating factors include any of the 

following under § 412.100(e)(8)(i): (A) 

violations of ORR behavior management 

requirements pursuant to the UC 

Program Foundational Rule at 45 CFR 

410.1304; (B) failure to comply with 

clearly established care provider facility 

policies, corrective action plans, or 

agreed-upon conditions; (C) the tender 

age, delayed developmental status or 

other vulnerability of the child; (D) any 

significant or lasting physical, 

psychological, or emotional harm to the 

child; (E) an attempt to inflict any 

significant or lasting physical, 

psychological, or emotional harm to the 

child; and (F) evidence suggesting a 

repetition or pattern of abuse or neglect, 

including multiple instances in which 

child abuse or neglect was substantiated 

at Tier I or Tier II, or not substantiated 

allegations if they demonstrate a pattern 

of abuse or neglect. 

Under § 412.100(e)(8)(i)(A), violations 

of ORR behavior management 

requirements 47 include, for example, 

the use of prone physical restraints, 

chemical restraints, or peer restraints for 

any reason in any care provider facility 

setting, especially considering the age 

and particular vulnerability of the child. 

ORR notes the factor under 

§ 412.100(e)(8)(i)(C) includes tender age 

as defined in ORR’s Policy Guide which 

means children 12 years of age or 

younger. It also includes the alleged 

victim’s vulnerable status (including 

history of trauma), particularly if the 

child is under the age of five; the child’s 

developmental stage; the child’s 

individualized needs, the child’s 

disabilities, if any; and other 

vulnerabilities of the child. ORR’s 

consideration of an attempt to inflict 

any significant or lasting physical, 

psychological, or emotional harm on the 

child under § 412.100(e)(8)(i)(E) will 

include whether there was an attempt to 

harm the child, even if the child does 

not appear to have suffered actual harm. 

Finally, to understand whether there is 

a repetition or pattern of child abuse or 

neglect under § 412.100(e)(8)(i)(F), ORR 

will consider whether there have been 

multiple Tier I or Tier II allegations that 

have been sustained pursuant to this 

IFR, or determined to have occurred by 

other relevant authorities that indicate 

such a pattern. ORR will also consider 

whether there is evidence to indicate 

prior occurrences or ongoing incidents 

of child abuse or neglect even if it is the 

first incident investigated by ORR. 

Under § 412.100(e)(8)(ii), mitigating 

factors shall be weighed together with 

any existing aggravating factors. ORR 

again notes that the ‘‘individual’’ means 

the care provider facility staff, 

contractors or sub-grantees of the care 

provider facility, volunteers, or other 

individuals who have access to children 

in ORR care through contracts or grants 

with ORR. Mitigating factors include 


ddrumheller on DSK120RN23PROD with RULES1
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48See 5 U.S.C. 6(a). 

49See 89 FR 34384, 34494. See also 81 FR 46682 

(stating that ORR treats systems of records 

containing unaccompanied child information as 

subject to the provisions of the Privacy Act, 5 U.S.C. 

552a). 

50ORR further notes that it has finalized 

regulations relating to the confidentiality of case 

files of unaccompanied children in ORR care in the 

Unaccompanied Children Program Foundational 

Rule. See id. at 34599 (codified at 45 CFR 

410.1303(h)). 

any of the following: (A) remedial 

actions taken by the individual before 

the investigation was concluded; (B) 

extraordinary, situational, or temporary 

stressors that caused the individual to 

act in an uncharacteristically abusive or 

neglectful manner; (C) the isolated or 

aberrational nature of the child abuse or 

neglect; and (D) the limited, minor, or 

negligible physical, psychological, or 

emotional impact of the abuse or neglect 

on the child. Under 

§ 412.100(e)(8)(ii)(C), ORR will consider 

the isolated nature of the child abuse or 

neglect and that there is no evidence of 

a pattern. If a subsequent report yields 

additional evidence of a historical 

pattern or behavior, however, this 

mitigating factor would be eliminated. 

Under § 412.100(f), records created, 

and information gathered or obtained 

during the course of an investigation are 

for internal purposes only, will not be 

shared or made public unless otherwise 

required or authorized by law, and may 

not be disclosed without prior ORR 

approval. All records will be maintained 

in an appropriate recordkeeping system 

with protections for the privacy and 

security of the individuals identified in 

the records. This provision refers to the 

entire record gathered during the course 

of an investigation under this part, in 

contrast to § 412.101(d), which states 

ORR will refer names and other 

identifying information of sustained 

perpetrators to relevant State and local 

authorities and to relevant law 

enforcement agencies in the State in 

which the child abuse and neglect 

occurred. This provides ORR with 

discretion to disclose records, for 

example, to Federal, State, or local 

government authorities, or any agents of 

such authorities, that have a need for 

such information in order to carry out 

their responsibilities under law to 

protect children from child abuse and 

neglect. The provision also provides 

ORR with discretion to share relevant 

information with the HHS Office of the 

Inspector General (OIG) for purposes of 

conducting investigations in accordance 

with the Inspector General Act (IG Act) 

of 1978.48 ORR notes that § 412.100(f) 

applies to all records and information 

gathered, whether they pertain to an 

alleged perpetrator, an unaccompanied 

child who is an alleged victim or any 

other unaccompanied child, an 

individual making an allegation to ORR, 

or any other individual associated with 

an allegation, intake report, or 

investigation under this part. 

Safeguarding and maintaining the 

confidentiality of an unaccompanied 

child’s case file records is critical to 

carrying out ORR’s responsibilities 

under the HSA and the TVPRA.49

Additionally, requiring confidentiality 

is critical for promoting compliance 

with the requirement to report 

allegations of child abuse and neglect at 

§ 412.100(d).50

ORR is establishing requirements 

pertaining to notification of dispositions 

at § 412.100(g). At § 412.100(g)(1), ORR 

must notify the alleged perpetrator of 

the disposition of an investigation in 

writing within five days of making the 

disposition. ORR must also notify in 

writing the alleged victim and their 

parent(s), legal guardian(s) (as 

appropriate), or sponsor(s), of the 

disposition within five days of making 

a disposition. 

Under § 412.100(g)(2), if the 

disposition is substantiated at Tier I, the 

notification must state: (i) the 

substantiated perpetrator will be 

considered a sustained perpetrator at 

Tier I and their name and other relevant 

information will be placed on the ORR 

Central Registry (unless they seek an 

appeal of the disposition pursuant to 

§ 412.102) and that once identified in 

the Central Registry, they will be 

prohibited from working or volunteering 

in any way on ORR-funded grants or 

contracts, and may not have access to or 

contact with any unaccompanied child 

in ORR custody; (ii) the reasons for the 

Tier I substantiated perpetrator’s 

placement on the ORR Central Registry 

in terms sufficient to put the perpetrator 

on notice of the conduct or incident(s) 

upon which it is based; (iii) the 

substantiated perpetrator may appeal 

ORR’s disposition pursuant to 

§ 412.102, but that if the Tier I 

substantiated perpetrator either fails to 

request such appeal in a timely manner, 

or upon conclusion of the appeal and 

subsequent review, if any, the 

disposition is upheld, the perpetrator 

will be added to the ORR Central 

Registry and the disposition will be 

reported to Federal, State, and local 

authorities as appropriate (such as 

notifying the State in which the 

allegation occurred when an allegation 

is sustained); and (iv) ORR’s procedures 

for making the disposition. ORR 

believes these requirements are a key 

part in ensuring a Tier I substantiated 

perpetrator has adequate notification 

that they will be placed on the ORR 

Central Registry, the consequences of 

being placed on the Registry, and of the 

ability to request an appeal and 

subsequent review. 

Under § 412.100(g)(3), if the 

disposition is a Tier II substantiated 

allegation, the notification must inform 

the Tier II substantiated perpetrator that 

they may appeal ORR’s disposition 

pursuant to § 412.102, but that if the 

Tier II substantiated perpetrator either 

fails to request such appeal in a timely 

manner, or upon the conclusion of the 

appeal and subsequent review, if any, 

the disposition is upheld, the Tier II 

substantiated perpetrator will be 

designated as a Tier II sustained 

perpetrator and ORR’s disposition will 

be retained in ORR records. ORR may 

use these records for determining 

patterns of abuse and neglect and for 

informing future safety planning at care 

provider facilities. A Tier II sustained 

perpetrator will not be placed on the 

ORR Central Registry. 

Section 412.101 Interventions and 

Discipline 

Under § 412.101, ORR is establishing 

mechanisms for interventions and 

discipline related to substantiated and 

sustained allegations of child abuse and 

neglect as determined by ORR under 

§ 412.100. These intervention and 

discipline mechanisms include 

maintenance by ORR of a ORR Central 

Registry of individuals with Tier I 

sustained allegations of child abuse and 

neglect; prohibitions on hiring, 

employing, or permitting as volunteers 

individuals who are listed in the ORR 

Central Registry; required disciplinary 

sanctions by ORR care provider 

facilities; and provisions for ORR 

referrals of substantiated allegations of 

child abuse and neglect to other 

government and law enforcement 

agencies. ORR believes that these 

enforcement mechanisms and 

requirements are crucial to carrying out 

the purpose of this part, as specified and 

described under § 412.100(a) and (c) 

above. 

Section 412.101(a) describes an ORR 

Central Registry to list Tier I sustained 

perpetrators under this rule. Under 

§ 412.101(a)(1), for purposes consistent 

with § 412.100(a) and (c), ORR will 

create and maintain an ORR Central 

Registry of Tier I sustained perpetrators, 

including names and other identifying 

information, and details regarding the 

sustained allegations. Under 

§ 412.101(a)(2), subject to legal 

requirements regarding disclosure of 

information (e.g., under Freedom of 

Information Act (FOIA), the Privacy Act, 

or the IG Act), the ORR Central Registry 


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51See 45 CFR 411.81(c). 

will not be public-facing, nor available 

to persons outside of ORR, since its 

purpose is to inform employment 

decisions by ORR care provider 

facilities, home study providers, and 

post-release service providers by 

providing the names and other 

identifying information of Tier I 

sustained perpetrators, and for ORR to 

use as part of the screening process by 

care provider facilities as described in 

§ 412.101(b). 

Section 412.101(b) sets out certain 

working and volunteering prohibitions 

for individuals listed in the ORR Central 

Registry, as well as requirements for 

checking the ORR Central Registry. ORR 

is requiring at § 412.101(b)(1) that the 

individuals listed in the ORR Central 

Registry shall be prohibited from 

working or volunteering in any way on 

ORR-funded grants or contracts, and 

may not have access to or contact with 

any unaccompanied child in ORR 

custody, unless ORR removes such 

individual from the Central Registry 

(e.g., circumstances contemplated under 

§ 412.102(c)(2)(ii), addressing temporary 

removal of an individual from the 

Central Registry while an appeal is 

pending; § 412.102(e), addressing 

possible reversal of a DAB finding by 

second-level review, carried out by the 

Assistant Secretary for ACF). ORRfunded grants or contracts where 

individuals listed in the ORR Central 

Registry will be prohibited from 

working or volunteering may cover, for 

example, other care provider facilities, 

ORR home study and post-release 

service providers, or other ORR-funded 

services that may include access to 

unaccompanied children. At 

§ 412.101(b)(2), ORR is requiring that, as 

part of the screening process for hiring 

decisions for staff, contractors or subgrantees, or for screening volunteers, all 

care provider facilities, home study 

providers, and post-release service 

providers, whether or not located in 

States that investigate child abuse and 

neglect allegations at ORR care provider 

facilities, must check with ORR to 

confirm that an applicant is not listed in 

the ORR Central Registry. 

At § 412.101(b)(3), ORR sets out the 

requirement that all care provider 

facilities, home study providers, and 

post-release service providers, whether 

or not located in States that investigate 

child abuse and neglect allegations at 

ORR care provider facilities, must also 

check all of their personnel against the 

ORR Central Registry at least once 

annually. Checking applicants and 

current personnel against the ORR 

Central Registry is an especially 

important child safety measure for care 

provider facilities located in States that 

do not investigate allegations of child 

abuse and neglect, and thus whose 

registries will not include individuals 

alleged, or found through investigation, 

to have perpetrated abuse or neglect at 

ORR care provider facilities. ORR notes 

that the requirements at § 412.101(b) are 

supplementary to those in the PSA IFR 

at 45 CFR 411.16 and 45 CFR 411.81. 

Under § 412.101(c), care provider 

facilities must implement appropriate 

disciplinary or remedial measures 

where they or ORR find care provider 

facility staff, contractors or sub-grantees 

of the care provider facility, or care 

provider facility volunteers engaged in 

conduct that does not rise to the level 

of a Tier I substantiated allegation, as 

defined at § 412.001, but nevertheless 

raises child welfare concerns. 

ORR believes that it is important to 

share information regarding sustained 

perpetrators with relevant State and 

local authorities such that they can take 

additional action as necessary to protect 

children in their jurisdictions in 

accordance with their legal obligations. 

This information sharing does not mean 

that information on the registry is public 

facing, such as other public criminal 

records databases. Rather, ORR will 

only share information directly with 

relevant entities and in accordance with 

applicable State and Federal 

information sharing, privacy, and due 

process protections. Accordingly, under 

§ 412.101(d)(1), ORR will refer names 

and other identifying information of 

Tier I sustained perpetrators to relevant 

State and local authorities (e.g., child 

protective services) and to relevant law 

enforcement agencies in the State in 

which the sustained allegation of child 

abuse and neglect occurred. This 

requirement comports with existing 

requirements in the PSA IFR that all 

terminations for violations of ORR or 

care provider facility policies and 

procedures regarding sexual abuse and 

sexual harassment, or resignations by 

staff who would have been terminated 

if not for their resignation, must be 

reported to law enforcement agencies 

and to any relevant State or local 

licensing bodies.51 Additionally, if 

requested by a relevant State or local 

authority or relevant law enforcement 

agency, including an authority or 

agency outside of the State in which the 

Tier I sustained allegation occurred, 

ORR will confirm whether a particular 

individual is on the ORR Central 

Registry. Furthermore, under 

§ 412.101(d)(2), ORR will provide the 

names and other identifying information 

of Tier I sustained perpetrators to the 

Federal Bureau of Investigation, and 

HHS Office of the Inspector General 

(OIG), consistent with any applicable 

agreements. Finally, § 412.101(d)(3) 

requires that neither ORR nor care 

provider facilities shall interfere with 

another State, local, or Federal authority 

or agency’s investigation into allegations 

of child abuse and neglect. 

Section 412.102 Appeal and Review 

Process 

ORR is establishing guidelines and 

requirements regarding the availability 

of an appeal and review process of 

dispositions made by ORR at § 412.102. 

Under § 412.102(a), a substantiated 

perpetrator, whether at Tier I or Tier II, 

may appeal the disposition made by 

ORR to an Administrative Law Judge 

(ALJ) in the HHS Departmental Appeals 

Board (DAB) pursuant to § 412.102(c). 

ORR is requiring, at § 412.102(b), that 

ORR shall notify substantiated 

perpetrators at Tier I or Tier II of their 

opportunity for an appeal. As stated 

above, all alleged perpetrators receive 

notice of the allegations against them 

pursuant to § 412.100(e)(3). Under 

§ 412.102(b)(1), after completing an 

investigation and upon substantiation of 

any relevant allegations, ORR will send 

a written notice to the substantiated 

perpetrator at Tier I or Tier II, in 

accordance with § 412.100(g). The 

notice will state that the relevant 

allegations have been substantiated and 

that the Tier I substantiated perpetrator 

will be placed on the ORR Central 

Registry unless they appeal the 

disposition by ORR and that the Tier II 

substantiated perpetrator’s information 

will be retained as a Tier II sustained 

perpetrator in agency records. Under 

§ 412.102(b)(2), the written notice shall: 

(i) clearly describe the basis for ORR’s 

disposition that substantiates the 

relevant allegations at Tier I or Tier II 

and shall explain the Tier I or Tier II 

substantiated perpetrator’s right to 

appeal the disposition and the steps 

required to initiate the appeal; (ii) 

inform the substantiated perpetrator that 

they may appeal the disposition before 

an ALJ; (iii) provide the substantiated 

perpetrator at Tier I or Tier II and their 

attorney, if any, with written 

information and instructions describing 

the appeal process; and (iv) inform the 

substantiated perpetrator at Tier I or 

Tier II that if they do not appeal within 

30 days of receiving the notice, the DAB 

will consider the substantiated 

perpetrator to have waived their 

opportunity for an appeal and any 

subsequent review. A Tier I 

substantiated perpetrator will be 

identified on the ORR Central Registry 

as a Tier I sustained perpetrator. A Tier 

II substantiated perpetrator’s 


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information will be retained as a Tier II 

sustained perpetrator in agency records. 

At § 412.102(c), ORR is establishing a 

process for substantiated perpetrators at 

Tier I or Tier II to appeal of ORR’s 

disposition. Under § 412.102(c)(1)(i), 

and as further elaborated at 

§ 412.102(c)(2), if the substantiated 

perpetrator elects to appeal ORR’s 

disposition that a child abuse or neglect 

allegation is substantiated at Tier I or 

Tier II, they must file a written notice 

of appeal with the DAB within 30 days 

of receipt of the written notice of ORR’s 

disposition. Under § 412.102(c)(1)(ii), 

within 30 days of receiving this written 

notice of appeal, ORR will provide all 

evidence it used in making its 

disposition to the DAB. Under 

§ 412.102(c)(1)(iii), within 30 days of 

receiving this written notice of appeal, 

ORR will provide to the substantiated 

perpetrator at Tier I or Tier II, and their 

attorney, if any, all information used in 

making its disposition, except any 

information that ORR determines: (A) 

would compromise the safety and wellbeing of a child, the reporter, or any 

other person; (B) would reveal the 

identity of a child who furnished 

information with the understanding that 

their identity would be held in 

confidence; (C) would reveal the 

identity of any other alleged 

perpetrator(s) involved in the same case 

who has an unfounded disposition (to 

protect the privacy of the alleged 

perpetrator with an unfounded 

disposition); or (D) is otherwise 

prohibited by State or Federal law or 

regulation. In the case of information 

being withheld, the substantiated 

perpetrator at Tier I or Tier II will be 

advised of the general nature of the 

information and the reasons that it is 

being withheld. Neither the 

substantiated perpetrator at Tier I or 

Tier II nor the care provider facility are 

required to provide information unless 

they would like the ALJ to consider 

such information as part of the hearing 

or record review, and they will not be 

compelled to provide it. 

Dismissal of appeals is covered in 

§ 412.102(c)(2). Under § 412.102(c)(2)(i), 

the ALJ may dismiss an appeal when 

the ALJ determines that the 

substantiated perpetrator waived appeal 

by not submitting the notice of appeal 

in a timely manner (i.e., an appeal 

within 30 days of receiving written 

notice of ORR’s disposition) and failed 

to demonstrate good cause for the 

untimely request, withdraws the appeal, 

abandons the appeal, or does not have 

a right to ALJ review (including, but not 

limited to, situations where the case 

does not involve a Tier I or Tier II 

substantiated allegation). If the appeal is 

dismissed, the Tier I substantiated 

perpetrator will be placed on the ORR 

Central Registry as a Tier I sustained 

perpetrator or ORR will retain the 

information regarding the Tier II 

substantiated perpetrator as a Tier II 

sustained perpetrator in agency records, 

as applicable. Notwithstanding such a 

dismissal, under § 412.102(c)(2)(ii) the 

DAB may in its discretion temporarily 

remove the designation of sustained 

perpetrator at Tier I or Tier II, which 

would result in ORR removing the 

individual who was designated as a Tier 

I sustained perpetrator from the ORR 

Central Registry, in situations where, for 

example, the ALJ determines that the 

sustained perpetrator at Tier I or Tier II 

has established good cause for 

exceeding the appeal timeframe. This 

rule contemplates that good cause may 

be established, for example, where a 

serious medical condition prevented 

timely filing of the notice of appeal. 

The appeal and review processes are 

described in § 412.102(d) and (e). Under 

§ 412.102(d)(1), when a substantiated 

perpetrator at Tier I or Tier II appeals, 

ORR must transmit all of the evidence 

upon which ORR’s disposition was 

based to the ALJ. Under § 412.102(d)(2), 

the evidentiary record must contain all 

documents and other materials, such as 

video or audio recordings, that were 

used by ORR in making its disposition. 

The ALJ may remand the case to ORR 

if the ALJ determines that the 

evidentiary record is insufficiently 

complete to determine whether ORR’s 

disposition is supported by a 

preponderance of the evidence. Under 

§ 412.102(d)(3), the substantiated 

perpetrator at Tier I or Tier II may be 

represented by an attorney. As 

described in § 412.102(d)(4), the 

substantiated perpetrator shall have the 

burden to show that, considering the 

totality of the evidence, there is not a 

preponderance of the evidence to 

support the substantiated allegation at 

Tier I or Tier II, and to dispute whether 

any automatic Tier I substantiating 

circumstances described at 

§ 412.100(e)(7) existed (if applicable) or 

whether aggravating factors or 

mitigating factors described at 

§ 412.100(e)(8) existed (if applicable). 

Both ORR and the substantiated 

perpetrator may present the testimony 

of witnesses, documents, factual data, 

arguments, or other submissions of 

proof. The testimony of care provider 

facility staff shall be voluntary and 

failure to provide such testimony will 

not subject the care provider staff 

member to disciplinary action. Under 

§ 412.102(d)(5), if the substantiated 

perpetrator appeals and the appeal is 

not dismissed by the ALJ pursuant to 

§ 412.102(d)(7), ORR must notify the 

alleged victim and the alleged victim’s 

parent(s), legal guardian(s) (as 

appropriate), or sponsor(s) that an 

appeal of ORR’s disposition will be 

conducted by an ALJ. The alleged 

victim, other child witness(es), and 

family members of the alleged victim 

shall not be required to testify. Refusal 

to testify shall have no bearing on a 

determination as to whether the alleged 

abuse or neglect did or did not take 

place. 

Under § 412.102(d)(6), both parties 

(ORR and the substantiated perpetrator) 

may cross examine witnesses and ask 

questions during a live hearing, as well 

as request additional information, either 

during a live hearing or pursuant to a 

record review. In order to mitigate the 

potential for re-traumatization of an 

alleged victim while still providing a 

substantiated perpetrator with the 

opportunity to respond to the 

allegations, a substantiated perpetrator 

may not personally cross examine the 

alleged victim. The parties will be given 

an opportunity to file briefs or other 

written statements of fact or law. Under 

§ 412.102(d)(7), the ALJ must conduct a 

fair and impartial hearing under a de 

novo standard of review to determine 

whether the substantiated perpetrator 

met their burden of proving that, 

considering the totality of the evidence, 

there is not a preponderance of the 

evidence to support the substantiated 

allegation. The ALJ will issue a written 

decision upholding, modifying, or 

reversing the ORR’s disposition. Under 

§ 412.102(d)(8), the ALJ shall serve a 

copy of the decision upon the parties 

and the Assistant Secretary for ACF. 

The ALJ’s decision shall provide the 

substantiated perpetrator at Tier I or 

Tier II and their attorney, if any, with 

instructions for filing a request for 

review with the Assistant Secretary for 

ACF. The ALJ also shall provide a copy 

of the decision to the alleged victim, 

and, as appropriate, the alleged victim’s 

parent(s), legal guardian(s), or 

sponsor(s). The complete record upon 

which the decision is based shall be 

made available to the Assistant 

Secretary. 

This rule provides another level of 

review under § 412.102(e). This 

subsection provides that the Assistant 

Secretary for ACF may review the ALJ’s 

determination, either sua sponte or 

upon a request by the substantiated 

perpetrator. Under § 412.102(e)(1), a 

substantiated perpetrator at Tier I or 

Tier II may request review of the ALJ’s 

decision within 30 days of receipt of the 

ALJ’s decision, by filing a request for 

review with Office of the Assistant 


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Secretary for ACF. Under 

§ 412.102(e)(2), the Assistant Secretary 

has discretion, within 30 days after 

receiving a timely request for review of 

an ALJ’s decision under § 412.102(e)(1), 

to review the ALJ’s decision and to 

dismiss a request for review based on 

untimeliness or other procedural 

defects, or to affirm, modify, or reverse 

the ALJ’s decision with regard to 

dismissal or ORR’s disposition of the 

allegation. A review by the Assistant 

Secretary will determine whether the 

ALJ’s decision was based on a material 

error of law or fact. 

Section 412.102(e)(3) provides that if 

the Assistant Secretary affirms the ALJ’s 

decision, or does not modify or reverse 

the ALJ’s decision, within 30 days after 

receiving a timely review request under 

§ 412.102(e)(1), then the ALJ’s decision 

becomes the final decision of the 

Assistant Secretary and is binding on 

both parties (ORR and the substantiated 

perpetrator). Likewise, under 

§ 412.102(e)(4), if the Assistant 

Secretary modifies or reverses the ALJ’s 

decision pursuant to § 412.102(e)(2), 

then the Assistant Secretary’s decision 

is final and binding. 

Under § 412.102(e)(5), if at the end of 

the 30-day period in § 412.102(e)(1), no 

timely request for review has been 

made, the Assistant Secretary has 30 

days from that point to exercise 

discretion to review the ALJ’s decision. 

If the Assistant Secretary does not 

modify or reverse the ALJ’s decision, 

then the ALJ’s decision becomes the 

final decision of the Assistant Secretary 

and is binding on both parties. The 

intent of § 412.102(e)(5) is to make clear 

that the Assistant Secretary has 

discretion to review the ALJ’s decision 

regardless of whether a timely request 

for review is made. 

Under § 412.102(e)(6), the Office of 

the Assistant Secretary for ACF shall 

notify the parties of the Assistant 

Secretary’s final decision. The Office of 

the Assistant Secretary also shall 

provide a copy of the final decision to 

the alleged victim and the alleged 

victim’s parent(s), legal guardian(s) (as 

appropriate), or sponsor(s), based on 

review of the ALJ’s previous decision, 

under § 412.102(e). 

Section 412.103 Obligations of Care 

Provider Facilities 

To ensure that ORR can obtain 

sufficient information to make fair, 

accurate, and impartial decisions 

regarding allegations of child abuse and 

neglect, at § 412.103, ORR is 

establishing obligations with which care 

provider facilities must comply during 

investigations. 

Under § 412.103(a)(1) through (3), 

during any investigation of child abuse 

and neglect by ORR, a care provider 

facility must permit ORR: (1) to have 

unrestricted access to the premises, any 

physical property on the premises, 

buildings, staff, and children in the 

physical custody of the care provider 

facility; (2) to conduct interviews with 

children residing at the care provider 

facility, and without care provider 

facility staff, contractors or sub-grantees 

of the care provider facility, or care 

provider facility volunteers, present; 

and (3) to observe the activities of care 

provider facility staff, contractors or 

sub-grantees of the care provider 

facility, care provider facility 

volunteers, or other individuals who 

have access to children in ORR care 

through contracts or grants with ORR. 

Under § 412.103(a)(4), care provider 

facilities must promptly preserve any 

potential video or documentary 

evidence. ORR notes that this 

requirement is aligned with the 

requirement at § 412.100(e)(5)(iii)(A), 

which states that upon receiving an 

intake report, the ORR Child Welfare 

Investigator must immediately request 

preservation of any potential video and 

documentary evidence. Additionally, 

under § 412.103(a)(5), care provider 

facilities must promptly provide and 

facilitate access to, upon request, all 

files, records, reports, data, video 

recordings, and other information, 

including copies of any such 

documents, requested by ORR either 

prior to or during the investigation. Care 

provider facilities subject to this rule 

must also promptly provide access to 

and contact information for staff, 

contractors, or sub-grantees of the care 

provider facility, its volunteers, or other 

individuals who have access to children 

in ORR care (§ 412.103(a)(6)); submit 

complete and accurate responses to any 

written questions in a timely manner 

(§ 412.103(a)(7)); and fully cooperate 

with ORR (§ 412.103(a)(8)). Finally, 

under § 412.103(a)(9) care provider 

facilities are required to fully cooperate 

with any investigation of the same 

allegation by other State, local, and 

Federal authorities, and relevant law 

enforcement agencies. 

Further, in alignment with existing 

ORR policy and 45 CFR 411.67, ORR is 

requiring at § 412.103(b) that care 

provider facility staff, contractors or 

sub-grantees of the care provider 

facility, and care provider facility 

volunteers must not retaliate against any 

person who in good faith reports or 

participates in an investigation of child 

abuse or neglect. 

Under § 412.103(c), a care provider 

facility’s obstruction, interference, delay 

of, or failure to permit or cooperate with 

any investigation under this part, 

including failure to protect 

unaccompanied children from 

retaliation pursuant to § 412.103(b), may 

result in ORR taking monitoring and 

enforcement measures. Such measures 

may include remote monitoring of the 

care provider facility (i.e., monitoring 

that does not occur on-site); on-site 

monitoring of the care provider facility; 

monitoring of the corporate offices to 

review internal policies and reporting 

structures, as well as supervisory 

responses to events (e.g., mitigation or 

future preventative measures); limiting 

or stopping new placements of 

unaccompanied children at the care 

provider facility; removing all children 

in ORR care and custody from the care 

provider facility and placing them into 

other care provider facilities; issuing 

corrective actions; terminating the 

contract or cooperative agreement with 

the care provider facility; or imposing 

other such remedies for noncompliance 

applicable to HHS grant recipients and 

contractors. ORR notes that the 

cooperation of care provider facilities is 

critical in investigations of child abuse 

and neglect, and that enforcement 

measures such as those described are 

appropriate to help ensure that ORR can 

obtain the information necessary to 

determine whether allegations are 

substantiated. 

Under § 412.103(d), ORR requires care 

provider facilities, during the course of 

an investigation, to provide 

unaccompanied children confidential 

access to attorneys of record and other 

legal service providers, as well as their 

families and legal guardians, in a 

manner consistent with requirements 

established at 45 CFR 411.55 (as 

applicable) as well as 45 CFR 410.1309. 

Care provider facilities must provide 

unaccompanied children with access to 

their child advocates, in a manner 

consistent with the requirements of the 

TVPRA at 8 U.S.C. 1232(c)(6) and 45 

CFR 410.1308. Finally, care provider 

facilities must also provide 

unaccompanied children access to 

health services (including specialists 

and mental health practitioners), 

individual counseling sessions, and 

crisis intervention (including access to 

outside victim services and rape crisis 

centers where appropriate) to most 

appropriately address unaccompanied 

children’s needs, in a manner consistent 

with requirements established at 45 CFR 

410.1302(c)(5), 45 CFR 410.1307, 45 

CFR 410.1311, and 45 CFR 411.21 (as 

applicable). 


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52See supra, Sec. IV.B (referencing various 

provisions of the HSA, including 6 U.S.C. 

279(b)(1)(G) (making the ORR Director responsible 

for ‘‘overseeing the infrastructure and personnel of 

facilities in which unaccompanied alien children 

reside’’) and 6 U.S.C. 279(b)(1)(L) (making the ORR 

Director responsible for ‘‘conducting investigations 

and inspections of facilities and other entities in 

which [unaccompanied children] reside. . .’’)). 

VI. Good Cause for Issuing This IFR 

When engaging in rulemaking, ORR 

ordinarily publishes a notice of 

proposed rulemaking (NPRM) in the 

Federal Register and invites public 

comment on the proposed rule. 

However, under the Administrative 

Procedure Act, 5 U.S.C. 553(b), an 

NPRM is not required when an agency, 

for good cause, finds that notice and 

public comment is impracticable, 

unnecessary, or contrary to the public 

interest, and incorporates a statement of 

the finding and the agency’s reasons in 

the rule issued. With respect to this 

rulemaking, delaying implementation of 

the provisions of this regulation until a 

public notice and comment process is 

complete would risk serious and 

imminent harm to unaccompanied 

children in Texas care provider facilities 

(and in the future at EIFs, which ORR 

may need to open on short notice, 

before it can execute formal written 

agreements describing child welfare 

investigations of child abuse and neglect 

with relevant local authorities), and 

thus would be impracticable. As such, 

ORR believes that it has good cause to 

issue this rulemaking as an Interim 

Final Rule (IFR) rather than issuing an 

NPRM. 

ORR has determined that this 

rulemaking is imminently necessary 

because ORR must have the ability to 

establish employment consequences at 

relevant care provider facilities for 

sustained perpetrators of abuse and 

neglect in order to fulfill its statutory 

responsibilities.52 Critically, as 

mentioned earlier, ORR began taking 

immediate action soon after it became 

clear that Texas DFPS was not going to 

resume its historical child welfare and 

investigative functions when it 

extended its emergency declaration in 

2022. Subsequently, ORR began 

consulting with other federal agencies, 

developing the necessary expertise and 

capacity to conduct investigations, 

drafting policies and procedures to 

inform how investigations are 

conducted, obtaining administrative 

approval for new agency positions, 

creating new comprehensive technical 

systems for recording and tracking 

investigations, and hiring, onboarding, 

and training qualified investigative staff. 

Most pertinently, as discussed at section 

IV.A, ORR’s recently established 

Division of Unaccompanied Child 

Protective Investigations (DCPI) began 

its investigations of allegations of child 

abuse and neglect in ORR-funded care 

provider facilities in Texas as of July 

2024. 

In addition to investigating allegations 

of abuse and neglect at care provider 

facilities located in States that do not 

conduct investigations, and at EIFs, 

ORR needs to be able to direct its care 

provider facilities to prohibit 

individuals from working or 

volunteering on ORR-funded grants or 

contracts when there has been a 

sustained allegation of abuse or neglect 

at Tier I (as defined in this rule), and to 

ensure that perpetrators with such 

sustained allegations do not have access 

to or contact with children in ORR 

custody. To that end, this rulemaking 

establishes an ORR Central Registry 

listing Tier I sustained perpetrators, as 

described in this rule. Further, this rule 

establishes that Tier I sustained 

perpetrators listed on the ORR Central 

Registry are prohibited from working or 

volunteering in any way on ORR-funded 

grants or contracts, so as to prohibit 

them from having access to or contact 

with any unaccompanied child in ORR 

custody. Because such requirements 

potentially implicate alleged 

perpetrators’ ability to work in their 

chosen profession (if the allegation is 

sustained at Tier I), ORR believes that 

substantive rulemaking is required to 

codify appeal and review procedures 

with appropriate due process 

protections for alleged perpetrators (e.g., 

notice and an opportunity to be heard). 

There is good cause to issue this 

rulemaking as an IFR because requiring 

notice and comment before 

implementing these provisions would 

risk serious and imminent harm to 

unaccompanied children. For example, 

even if DCPI concludes through an 

investigation that an individual 

perpetrated child abuse or neglect, 

without an ORR Central Registry, such 

a perpetrator could potentially pass a 

background check and be re-hired at any 

time at another ORR care provider 

facility, which would undermine the 

very purpose of the rule—to protect 

children from such perpetrators. As 

noted above, ORR understands that 

creation of the Central Registry requires 

rulemaking because adequate due 

process procedures need to be 

established in consideration of the 

employment interests at stake. In other 

words, ORR’s DCPI can now investigate, 

substantiate, and sustain allegations of 

abuse and neglect of unaccompanied 

children in its custody against alleged 

perpetrators in accordance with existing 

statutory authority, but requiring notice 

and comment before this rule goes into 

effect would prevent ORR from using 

that critical information in the ORR 

Central Registry to keep children safe in 

the near and long term. Until ORR is 

able to begin operating the ORR Central 

Registry, unaccompanied children are at 

elevated risk of abuse or neglect—a risk 

that ORR seeks to prevent by using this 

IFR to prohibit the hiring of Tier I 

sustained perpetrators of child abuse 

and neglect. 

As discussed above, as of July 2024, 

ORR began investigative activities in 

relation to reported child abuse and 

neglect at care provider facilities in 

Texas. As a result, there is an urgent 

need to have the provisions of this rule 

in place to protect child welfare while 

also providing appropriate due process 

protections for alleged perpetrators of 

child abuse and neglect. Notice and 

comment rulemaking would prevent 

ORR from taking swift and appropriate 

action when it identifies an imminent 

threat to child safety and would allow 

perpetrators of child abuse and neglect 

to evade ORR’s efforts, pursuant to 

statutory responsibilities, to protect 

unaccompanied children in its custody. 

Notice and comment rulemaking would 

increase the risk of serious potential 

harm to unaccompanied children— 

which ORR seeks to address through 

this IFR by prohibiting employment of 

individuals on the ORR Central 

Registry. 

ORR has therefore found good cause 

in the specific circumstances presented 

here—where ORR has recently 

established a new Division to conduct 

child welfare investigations at EIFs and 

in States that do not do so given that 

there is an immediate and ongoing risk 

to unaccompanied children in such 

States without the protections described 

in this rule. This rulemaking is urgently 

required now to establish required 

employment consequences for 

individuals found by ORR 

investigations to have perpetrated child 

abuse or neglect, and ORR has not 

delayed responding to the urgent need 

to establish such consequences because 

DCPI began initiating investigations as 

of July 2024. 

Therefore, HHS finds good cause to 

waive the notice of proposed 

rulemaking and to issue this final rule 

on an interim basis. Finally, HHS is 

providing a 60-day public comment 

period and will carefully consider 

public comments received and may 

update the final rule, as appropriate. 

ORR plans to finalize the rule within 

one year of implementation. 


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53See 44 U.S.C. 3506(c)(2)(A). 

54https://www.bls.gov/oes/current/ 

oes119031.htm. Accessed July 31, 2024. 

55https://www.bls.gov/oes/current/ 

oes399011.htm. Accessed July 31, 2024. 

56https://www.bls.gov/oes/current/ 

oes391022.htm. Accessed July 31, 2024. 

VII. Collection of Information 

Requirements 

Under the Paperwork Reduction Act 

of 1995 (PRA), HHS is required to 

provide 60-day notice in the Federal 

Register and solicit public comment 

before a collection of information 

requirement is submitted to the Office of 

Management and Budget (OMB) for 

review and approval. An agency may 

not conduct or sponsor, and a person is 

not required to respond to, a collection 

of information unless it displays a 

control number assigned by OMB. 

This interim final rule with comment 

requires information collections for 

which HHS plans to seek OMB approval 

at a later date. The information 

collection requirements associated with 

this interim final rule will not take 

effect until approved by OMB. HHS will 

issue future Federal Register notices to 

seek comments on its information 

collections within one month following 

finalization, as required by the PRA,53

and will include a system of records 

notice related to the requirements in 

this rule. 

To estimate the costs associated with 

the information collection activities 

described in this interim final rule, ORR 

utilizes median hourly wage rates in 

accordance with the Bureau of Labor 

Statistics’ (BLS) most recent update in 

April 2024 for Education and Childcare 

Administrators.54 The median hourly 

wage rate is calculated to be $26.10 with 

fringe benefits at 100 percent, for a total 

hourly wage rate of $52.20 ($26.10 + 

$26.10). 

Section 412.100(d) requires that care 

provider facility staff, contractors, subgrantees, volunteers, and all ORR staff 

must report allegations of child abuse 

and neglect by care provider facility 

staff, contractors or sub-grantees of the 

care provider facility, care provider 

facility volunteers, or other individuals 

who have access to children in ORR 

care through contracts or grants with 

ORR in accordance with ORR policies 

and procedures to ORR, and to Federal, 

State, and local authorities in 

accordance with any applicable Federal, 

State, and local reporting and licensing 

laws. Because this reporting 

requirement would not require 

additional reporting above and beyond 

existing ORR policy, this requirement 

will not result in additional burden for 

care provider facilities. 

VIII. Regulatory Impact Analysis 

A. Economic Analysis 

Executive Orders 12866 and 13563 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Section 3(f) of Executive Order 

12866, as amended by Executive Order 

14094, defines a ‘‘significant regulatory 

action’’ as an action that is likely to 

result in a rule: (1) having an annual 

effect on the economy of $200 million 

or more (adjusted every 3 years for 

changes in gross domestic product), or 

adversely affecting in a material way the 

economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local, territorial, or tribal 

governments or communities; (2) 

creating a serious inconsistency or 

otherwise interfering with an action 

taken or planned by another agency; (3) 

materially altering the budgetary impact 

of entitlement grants, user fees, or loan 

programs or the rights and obligations of 

recipients thereof; or (4) raising legal or 

policy issues for which centralized 

review would meaningfully further the 

President’s priorities or the principles 

set forth in the Executive Order. 

Executive Order 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. While there are some costs 

associated with these regulations, they 

do not exceed the monetary threshold 

for significance as defined under section 

3(f)(1) of E.O. 12866, as amended. 

However, the regulation is significant 

and has been reviewed by OMB. 

As previously discussed, ORR has 

developed the child abuse and neglect 

investigation requirements for ORR care 

provider facilities with the intention of 

keeping the best interests of 

unaccompanied children at the 

forefront. Because the requirements in 

this IFR are in line with existing ORR 

policy, ORR anticipates that care 

provider facilities will need to make 

only minimal updates to their staffing, 

training, and/or policy in order to meet 

the requirements. Specifically, ORR 

anticipates that care provider facilities 

will need to make updates to meet 

requirements under § 412.101(c) and 

§ 412.103. Typically, ORR care provider 

facilities spend up to approximately 5 

hours to cooperate with a State-led 

investigation of alleged child abuse or 

neglect, which can vary widely 

depending on the circumstances of the 

specific allegation. ORR expects that its 

Texas care provider facilities will spend 

the same amount of time cooperating 

with investigations conducted by ORR. 

Because ACF lacks the ability to account 

for the specific details of every care 

provider facility and their ability to 

meet the requirements, ORR is only able 

to estimate costs associated with other 

remedies in general, rather than specific 

to each care provider facility. 

To estimate the economic impacts 

associated with the policies 

promulgated in this interim final rule, 

ACF uses wage rate and annual salary 

data provided by BLS for Childcare 

Workers and First-Line Supervisors 

working in the Child Care Services 

industry.55 56 The median hourly wage 

rate for childcare workers is calculated 

to be $14.60. Assuming benefits and 

indirect costs of labor equal 100 percent 

of the hourly wage, the corresponding 

fully loaded cost of labor for childcare 

workers is $29.20 per hour. 

Additionally, the mean hourly wage rate 

for First-Line Supervisors working in 

the Child Care Services industry is 

calculated to be $22.45. Note that we do 

not use the median wage rate because 

BLS only provides mean wage rates for 

specific industries. Assuming benefits 

and indirect costs of labor equal 100 

percent of the hourly wage, the 

corresponding fully loaded cost of labor 

for childcare supervisors is $44.90 per 

hour. ORR assumes that it will take 

between 0.25 and 0.5 hours at a cost 

between $7.30 ($29.20 × 0.25 hours) and 

$14.60 ($29.20 × 0.5 hours) for each 

childcare worker to receive the relevant 

policy update training and between 

$11.23 ($44.90 × 0.25 hours) and $22.45 

($44.90 × 0.5 hours) for each childcare 

supervisor to administer the training. 

This training would include 

administrative guidance related to how 

investigations will be conducted and 

due process under the interim final rule. 

ORR also assumes that it will take 

approximately 1 hour at a cost of $44.90 

($44.90 × 1 hour) for each childcare 

supervisor to update relevant policies. 

In § 412.100(a) through (g) ORR 

discusses the establishment and 

operation of its investigations into 

alleged child abuse and neglect. 

Currently, based on FY 2024 levels of 

wages, benefits, and indirect labor costs, 

ORR estimates 24 full-time staff will be 

required at a cost of approximately 

$209,000 per staff member for a total of 

approximately $5 million ($209,000 × 


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24 staff) per year. The ORR Child 

Welfare Investigators will receive 

allegations of child abuse and neglect as 

intake reports, assess the allegation to 

determine whether it meets applicable 

requirements and definitions, conduct 

all necessary interviews, review and 

preserve all relevant evidence, 

implement any necessary safety plans, 

coordinate with the multidisciplinary 

team as needed, and render a 

disposition. ORR expects no new costs 

or burdens on care provider facilities to 

cooperate with ORR’s investigations. 

ORR also notes that all care provider 

facilities discussed in this interim final 

rule are ACF grantees and the costs of 

maintaining compliance with the 

requirements are allowable costs to 

grant awards under the Basic 

Considerations for cost provisions at 45 

CFR 403 through 405, in that the costs 

are reasonable, necessary, ordinary, 

treated consistently, and are allocable to 

the award. Additional costs associated 

with the policies discussed in this 

interim final rule that were not 

budgeted, and cannot be absorbed 

within existing budgets, would be 

allowable for the grant recipient to 

submit a request for supplemental funds 

to cover the costs. 

B. Regulatory Flexibility Analysis 

The Secretary certifies under 5 U.S.C. 

605(b), as enacted by the Regulatory 

Flexibility Act (Pub. L. 96–354), that 

this rule will not result in a significant 

impact on a substantial number of small 

entities. This rule primarily affects the 

operations of the Federal Government 

and requires that ORR care provider 

facilities within the scope of this rule 

cooperate with Federal investigations of 

child abuse and neglect. As of 

publication of this rule, 66 of 284 (23 

percent) ORR care provider facilities are 

located in Texas and would be impacted 

by the requirements in this interim final 

rule. While the affected percentage of 

small entities exceeds the threshold of 

5 percent for this subcategory of care 

provider facilities within the U.S., ORR 

believes the burden associated with the 

requirements in this interim final rule 

are equal to or negligibly greater than 

the burden imposed by any State-based 

requirements to which the affected care 

provider facilities would otherwise be 

subjected. While this rule primarily 

affects the Federal Government, ORR 

assumes all of these care provider 

facilities qualify as small businesses as 

defined by the Small Business 

Administration (SBA), and ORR has 

therefore attempted to ensure the 

economic impact on individual care 

provider facilities is kept to a minimum. 

C. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (section 202(a)) requires ORR to 

prepare a written statement, which 

includes estimates of anticipated 

impacts, before proposing ‘‘any rule that 

includes any Federal mandate that may 

result in the expenditure by State, local, 

and tribal governments, in the aggregate, 

or by the private sector, of $100,000,000 

or more (adjusted annually for inflation) 

in any one year.’’ The current threshold 

after adjustment for inflation is $177 

million, using the most current (2022) 

Implicit Price Deflator for the Gross 

Domestic Product. This interim final 

rule would not likely result in unfunded 

expenditures that meet or exceed this 

amount. 

D. Executive Order 13132: Federalism 

This interim final rule would not have 

substantial direct effects on the States, 

on the relationship between the Federal 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. This interim final 

rule would implement ORR’s explicit 

statutory authority to investigate child 

abuse and neglect allegations in ORR 

care provider facilities, and would 

enable it to make findings relevant to its 

responsibility for the care of 

unaccompanied children. In codifying 

these practices, ORR was mindful of its 

obligations to meet the requirements of 

Federal statutes while also minimizing 

conflicts between State law and Federal 

interests. At the same time, ORR is also 

mindful that its fundamental obligations 

are to ensure that it implements its 

statutory responsibilities pursuant to 

both the HSA and TVPRA, to protect the 

safety of unaccompanied children while 

in ORR care. 

Typically, ORR enters into 

cooperative agreements or contracts 

with non-profit and private 

organizations to provide shelter and 

care for unaccompanied children in a 

care provider facility licensed by the 

appropriate State or local licensing 

authority if the State licensing agency 

provides for licensing of care provider 

facilities that provide services to 

unaccompanied children. This 

regulation allows ORR to investigate 

allegations of child abuse and neglect 

only in instances where a State will not 

investigate allegations of child abuse 

and neglect in ORR care provider 

facilities, and at EIFs. ORR has designed 

its policies and regulations, as well as 

the terms of its cooperative agreements 

and contracts with the unaccompanied 

children care provider facilities, to 

complement applicable State and local 

licensing rules, not to supplant or 

replace the requirements. Because the 

applicability of this regulation is limited 

precisely to circumstances where a State 

does not investigate child abuse and 

neglect at ORR care provider facilities, 

and EIFs, it does not implicate 

federalism concerns or impose 

substantial direct compliance costs on 

State or local governments. Further, this 

regulation does not preempt State laws 

and regulations because it applies 

specifically where States have explicitly 

abdicated their investigatory 

responsibility in ORR care provider 

facilities housing unaccompanied 

children, and at EIFs where States may 

not have authority to conduct 

investigations. Where State or local 

authorities enter into formal written 

agreements with ORR to conduct 

investigations, ORR may still, pursuant 

to its statutory authority, carry out its 

own investigations, but any potential 

ORR investigation under this rule would 

not interfere with the State or local 

authority’s investigation. 

Therefore, in accordance with section 

6 of Executive Order 13132, it is 

determined that this interim final rule 

does not have sufficient federalism 

implications to warrant the preparation 

of a federalism summary impact 

statement. 

Notwithstanding the determination 

that the formal consultation process 

described in Executive Order 13132 is 

not required for this rule, ORR 

welcomes any comments from 

representatives of State and local 

juvenile or family residential facilities— 

among other individuals and groups— 

during this rulemaking. 

E. Executive Order 12988: Civil Justice 

Reform 

This interim final rule meets the 

applicable standards set forth in 

sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

IX. Assessment of Federal Regulation 

and Policies on Families 

Section 654 of the Treasury and 

General Government Appropriations 

Act of 1999 requires Federal agencies to 

determine whether a policy or 

regulation may affect family well-being. 

If the agency’s determination is 

affirmative, then the agency must 

prepare an impact assessment 

addressing criteria specified in the law. 

This regulation will not have an impact 

on family well-being as defined in this 

legislation, which asks agencies to 

assess policies with respect to whether 

the policy: strengthens or erodes family 


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stability and the authority and rights of 

parents in the education, nurture, and 

supervision of their children; helps the 

family perform its functions; and 

increases or decreases disposable 

income. 

Dated: November 20, 2024. 

Xavier Becerra, 

Secretary, Department of Health and Human 

Services. 

List of Subjects in 45 CFR Part 412 

For the reasons set forth in the 

preamble, the ORR adds 45 CFR part 

412 to read as follows: 

PART 412—INVESTIGATIONS OF 

ALLEGATIONS OF CHILD ABUSE AND 

NEGLECT 

Sec. 

412.001 Definitions 

412.100 Investigations of allegations of 

child abuse and neglect 

412.101 Interventions and discipline 

412.102 Appeal and review process 

412.103 Obligations of care provider 

facilities 

PART 412—INVESTIGATIONS OF 

ALLEGATIONS OF CHILD ABUSE AND 

NEGLECT 

§ 412.001 Definitions. 

ACF means the Administration for 

Children and Families, Department of 

Health and Human Services. 

Administrative closure means that 

ORR has determined that it will not 

make a finding regarding an allegation 

of child abuse or neglect. ORR may 

make a determination of administrative 

closure both before and after an 

investigation begins. Reasons for 

administrative closure of an intake 

report before investigation may include, 

but are not limited to, lack of 

jurisdiction to conduct an investigation 

of the allegation, transfer of the report 

to another jurisdiction or agency, 

duplication of an already existing 

report, an allegation not rising to the 

level of child abuse or neglect, or an 

allegation is otherwise outside the scope 

of this rule, as described at § 412.100(c). 

Reasons for a disposition of 

administrative closure after 

investigation may include, but are not 

limited to, inability to contact the child, 

insufficient information to proceed with 

the investigation, or transfer of the 

report to another jurisdiction or agency. 

Allegation means a written or oral 

report to ORR of suspected child abuse 

or neglect. 

Alleged perpetrator means a person 

who is alleged to have abused or 

neglected a child within the scope of 

this part as described at § 412.100(a) and 

(c). 

Appeal and review process means the 

appeal to an Administrative Law Judge 

(ALJ) of the HHS Departmental Appeal 

Board (DAB), and review by the 

Assistant Secretary for ACF of the 

disposition that an allegation of child 

abuse or neglect was substantiated at 

Tier I or Tier II. 

Attorney of record has the same 

definition as provided under 45 CFR 

410.1001. 

Care provider facility has the same 

definition as provided under 45 CFR 

410.1001. 

Child abuse and neglect means any 

act or failure to act which results in 

death, serious physical or emotional 

harm, sexual abuse, or exploitation of a 

child; or an act or failure to act which 

presents an imminent risk of serious 

harm to a child including but not 

limited to physical abuse, verbal or 

emotional abuse, sexual harassment, 

sexual abuse, inappropriate sexual 

behavior, neglect, and medical neglect. 

Child advocates has the same 

definition as provided under 45 CFR 

410.1001. 

Contractor means an entity that 

receives a contract as provided under 45 

CFR 75.2. 

Days means calendar days, unless 

otherwise stated. 

Disposition means a finding by ORR 

at the conclusion of an investigation 

that an allegation of abuse or neglect is 

substantiated at Tier I, substantiated at 

Tier II, not substantiated, unfounded, or 

administratively closed. 

Emergency or influx facility (EIF) has 

the same definition as provided under 

45 CFR 410.1001. 

HHS means the U.S. Department of 

Health and Human Services. 

Inappropriate sexual behavior refers 

to inappropriate sexual, derogatory, or 

offensive conduct that does not rise to 

the level of sexual abuse or sexual 

harassment. 

Intake report means an allegation of 

child abuse or neglect identified by ORR 

as describing child abuse or neglect of 

an unaccompanied child by an alleged 

perpetrator. 

Legal service provider (LSP) has the 

same definition as provided under 45 

CFR 410.1001. 

Medical neglect means any failure to 

provide medical care or access to 

medical services that endangers the 

health of the child. 

Multidisciplinary team is a group of 

individuals comprised of ORR staff that 

includes subject matter experts that 

provides input to ORR’s Child Welfare 

Investigators by assessing reported 

allegations of child abuse and neglect at 

care provider facilities and making 

recommendations regarding the 

physical and behavioral healthcare 

needs of unaccompanied children 

potentially impacted by child abuse and 

neglect at these facilities. 

Neglect refers to any failure to provide 

adequate food, water, clothing, shelter, 

or other necessities; punitive, careless, 

or unnecessary denial of access to other 

basic services such as education, legal 

aid, exercise, recreation, bathroom 

usage, and communication or 

correspondence with families, sponsors, 

or attorneys. 

Not substantiated allegation means a 

disposition that there is not a 

preponderance of the evidence 

establishing that the alleged perpetrator 

committed child abuse or neglect, but 

there is at least some evidence that the 

unaccompanied child was harmed or 

placed at risk of harm, whether or not 

by the alleged perpetrator. 

ORR means the Office of Refugee 

Resettlement, Administration for 

Children and Families, U.S. Department 

of Health and Human Services. 

ORR Central Registry means a 

database maintained by ORR consisting 

of ORR findings of sustained 

perpetrators of child abuse and neglect 

at Tier I. 

ORR Child Welfare Investigator means 

an ORR staff member who investigates 

reports of alleged abuse or neglect of 

children, renders the investigative 

disposition, and issues corrective action 

on behalf of ORR and performs other 

related work for ORR. 

Physical abuse means physical harm 

to a child that includes, but is not 

limited to, bruises, cuts, sprains, welts, 

fractures, burns, lacerations, missing or 

broken teeth, muscle strains, or internal 

injuries; in addition to physical 

mistreatment such as whipping, 

punching, shoving, kicking, hitting, 

biting, shaking, dragging, throwing, 

stabbing, or choking a child, as well as 

the inappropriate use of restraints. 

Preponderance of the evidence means 

proof, after assessing the totality of 

available information, that leads to the 

conclusion that the fact at issue is more 

probably true than not. 

Sexual abuse has the same definition 

as provided under 45 CFR part 411.6. 

Sexual harassment has the same 

definition as provided under 45 CFR 

part 411.6. 

Sub-grantee means a person or entity 

that receives a subaward from a care 

provider facility to carry out activities 

and programs of ORR or the care 

provider facility pursuant to a grant or 

agreement with ORR or with a care 

provider facility (but does not include 

an individual that is a beneficiary of 

such program). 


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Substantiated allegation—Tier I 

means a disposition that there is a 

preponderance of the evidence 

establishing that the alleged perpetrator 

committed child abuse or neglect, and 

the investigation indicates one or more 

Automatic Tier I substantiating 

circumstances are found pursuant to 

§ 412.100(e)(7), or substantiation is 

warranted based on consideration of 

aggravating and mitigating factors 

pursuant to § 412.100(e)(8). 

Substantiated allegation—Tier II 

means a disposition that there is a 

preponderance of the evidence 

establishing that the alleged perpetrator 

committed child abuse or neglect, and 

that based on consideration of 

aggravating and mitigating factors 

pursuant to § 412.100(e)(8), the evidence 

does not warrant a finding of 

Substantiated Allegation—Tier I. 

Substantiated perpetrator means a 

person against whom an allegation of 

child abuse or neglect has been 

substantiated by ORR at Tier I or Tier 

II, but who has not exhausted all 

applicable appeal and review processes 

for such allegations. 

Sustained allegation means an 

allegation that was substantiated by 

ORR at Tier I or Tier II and: 

(1) That was upheld pursuant to 

appeal and review processes, as 

described at § 412.102; or 

(2) For which the appeal was 

dismissed, including when the 

substantiated perpetrator waives their 

right to appeal by not making a timely 

request to the DAB ALJ or by waiving 

those rights as specified in § 412.102(c). 

Sustained perpetrator means a 

substantiated perpetrator at Tier I or 

Tier II: 

(1) Whose child abuse or neglect 

finding was upheld in the appeal and 

review process; or 

(2) Whose appeal and review process 

was dismissed, including due to 

waiving their right to appeal by not 

timely requesting an appeal to the DAB 

ALJ or by waiving those rights as 

specified in § 412.102(c). 

Unaccompanied child/children has 

the same definition as provided under 

45 CFR 410.1001. 

Unfounded allegation means a 

disposition that there is not a 

preponderance of the evidence 

establishing that the alleged perpetrator 

committed child abuse or neglect, and 

the evidence indicates that the 

unaccompanied child was not harmed 

or placed at risk of harm. 

Verbal or emotional abuse means any 

criticisms, comments, behaviors, or 

threats that cause harm to a child’s 

psychological, intellectual, or emotional 

functioning or self-esteem, which may 

be exhibited by a child’s anxiety, 

loneliness, fear, sadness, withdrawal, 

aggression, or loss of trust with staff. 

Volunteer has the same definition as 

provided under 45 CFR 411. 

§ 412.100 Investigations into allegations of 

child abuse and neglect. 

(a) Purpose. This part establishes 

standards, requirements and procedures 

for investigations by ORR of allegations 

of child abuse and neglect of an 

unaccompanied child in ORR custody 

alleged to have been committed by care 

provider facility staff, contractors or 

sub-grantees of the care provider 

facility, care provider facility 

volunteers, or other individuals who 

have access to children in ORR care 

through contracts or grants with ORR, 

subject to § 412.100(c). 

(b) Severability. The provisions of this 

part are separate and severable from one 

another. If any provision is stayed or 

determined to be invalid by a court of 

law, the remaining provisions shall 

continue in effect. 

(c) Applicability. This part applies to: 

(1) Care provider facilities housing 

unaccompanied children in States 

where the State agency responsible for 

investigating child abuse and neglect 

allegations will not investigate such 

allegations in ORR-funded care provider 

facilities; and 

(2) Emergency or influx facilities 

(EIFs). 

(d) Reporting. Care provider facilities 

to whom this part applies must have 

written policies and procedures that 

allow unaccompanied children, care 

provider facility staff, contractors or 

sub-grantees of the care provider 

facility, care provider facility 

volunteers, families of unaccompanied 

children, legal service providers, child 

advocates, attorneys of record, and any 

other persons, to report allegations of 

child abuse and neglect to ORR directly, 

to the care provider facility, or to a 

designated entity or office that is not 

part of the care provider facility. The 

care provider facility written policies 

and procedures must: 

(1) Provide unaccompanied children 

and other individuals with methods for 

reporting and inform them of how they 

can report an allegation of child abuse 

and neglect to a designated entity or 

office that is not part of the care 

provider facility. Such entity or office 

must be able to receive allegations of 

child abuse and neglect and must 

immediately forward such allegations to 

ORR. The method for reporting must 

allow unaccompanied children to 

remain anonymous upon request. 

(2) Ensure all the methods of 

reporting described at § 412.100(d)(1) 

are accessible for unaccompanied 

children with disabilities and with 

limited English proficiency. 

(3) Ensure that unaccompanied 

children, staff, or others who report 

allegations of child abuse and neglect 

are protected against retaliation. 

(e) Investigations. When receiving 

reports of allegations of child abuse and 

neglect and conducting investigations, 

ORR must ensure the health and safety 

of unaccompanied children while 

making every effort to reduce further 

trauma to the alleged victim(s). 

(1) If ORR receives a report of an 

allegation of child abuse or neglect, it 

must generate an intake report and 

determine whether the report includes 

an allegation that, if found to be true, 

would meet the definition of child 

abuse and neglect in this part and is 

consistent with § 412.100(a) and (c). If 

so, ORR will assign the intake report for 

investigation. If not, ORR will 

administratively close the report. 

(2) If ORR determines that an intake 

report is appropriate for investigation, 

ORR shall assign an ORR Child Welfare 

Investigator to make a prompt and 

thorough investigation of the report to 

obtain sufficient information to 

determine whether the allegation of 

child abuse or neglect is substantiated, 

either at Tier I or II, based on a 

preponderance of the evidence. 

(3) ORR shall provide notification that 

an allegation of child abuse and neglect 

will be investigated by ORR to the 

alleged perpetrator; care provider 

facility; alleged victim; alleged victim’s 

attorney of record (if the child has an 

attorney of record); and the alleged 

victim’s parent(s), legal guardian(s), or 

sponsor(s) (as appropriate), unless ORR 

has evidence showing the parents, legal 

guardians, or sponsors should not be 

notified or the victim is 14 years old or 

older. If the alleged victim is 14 years 

old or older and ORR has determined 

that the alleged victim is able to make 

an independent decision, the alleged 

victim can affirmatively consent to 

disclosure. 

(4) Upon notification that an 

investigation has been initiated, the care 

provider facility must take immediate 

responsive measures, for the protection 

of child welfare, and notify the alleged 

perpetrator, as appropriate, and ORR of 

such measures. These measures may 

extend throughout the pendency of an 

investigation, and during the pendency 

of the appeal and review process, as 

necessary and applicable. 

(5) Investigations process. (i) ORR 

shall coordinate with any local or State 

law enforcement agencies, or other 

Federal agencies, as appropriate, during 

its investigation. ORR may pause or 


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resume an investigation at its discretion, 

with input from law enforcement 

partners or other relevant investigatory 

bodies, as necessary. 

(ii) A multidisciplinary team of ORR 

staff that includes subject matter 

experts, shall be established, as 

necessary, to provide input and an 

assessment of the reported allegation of 

child abuse or neglect to assist the ORR 

Child Welfare Investigator. 

(iii) During the investigation, the ORR 

Child Welfare Investigator must 

complete, at a minimum, the following 

actions: 

(A) Upon receiving an intake report, 

review the intake report and the care 

provider facility’s records on the alleged 

victim and alleged perpetrator, conduct 

background checks on the alleged 

perpetrator, interview the person who 

reported the allegation if this person 

was not interviewed during intake, 

immediately request preservation of any 

potential video and documentary 

evidence, and as needed, establish a 

plan for thoroughly investigating the 

allegation; 

(B) Visit the care provider facility, as 

appropriate, to conduct a walkthrough 

of the facility and review video and 

documentary evidence; 

(C) Make reasonable efforts to 

interview all individuals who have 

information relevant to the allegation of 

child abuse or neglect, including, but 

not limited to, the alleged perpetrator 

(as appropriate), care provider facility 

staff, the alleged victim, sponsor(s), and 

the parent(s) or legal guardian(s) (as 

appropriate) of the alleged victim, and 

any other potential witnesses; 

(D) Ensure that interviews conducted 

as part of the investigation are 

accessible for individuals with 

disabilities and with limited English 

proficiency and are properly 

documented either in writing or by 

audio or video recording; 

(E) Gather all relevant information, 

including documents and audio or 

video evidence; 

(F) Review any available evidence of 

past conduct contained in DCPI’s 

records relating to the same alleged 

perpetrator, except for allegations that 

resulted in a finding of unfounded or 

administrative closure; and 

(G) Assess the ongoing risk of child 

abuse or neglect to the unaccompanied 

children at the care provider facility 

and, as appropriate, request that the care 

provider facility implement a plan to 

mitigate the risk and ensure the safety 

of the children. 

(6) After the investigation is complete, 

ORR may make any of the following 

dispositions based on the 

preponderance of the evidence for each 

reported allegation: 

(i) Substantiated allegation—Tier I; 

(ii) Substantiated allegation—Tier II; 

(iii) Not substantiated allegation; 

(iv) Unfounded allegation; or 

(v) Administrative closure. 

(7) Automatic Tier I substantiating 

circumstances. The existence of any one 

of the following circumstances in 

connection to a substantiated finding, 

by a preponderance of the evidence, of 

child abuse or neglect shall result in an 

automatic finding of Substantiated 

allegation—Tier I: 

(i) The death or near death of a child 

as a result of child abuse or neglect; 

(ii) Subjecting or exposing a child to 

sexual abuse or sexual harassment; 

(iii) The infliction of injury or 

creation of a condition requiring a child 

to be hospitalized or to receive 

significant medical attention; 

(iv) Repeated instances of physical 

abuse committed by the individual 

against any unaccompanied child in 

ORR care; 

(v) Failure to take reasonable action to 

protect a child from sexual abuse or 

repeated instances of physical abuse 

under circumstances where the 

individual knew or should have known 

that such abuse was occurring; and 

(vi) Depriving a child of necessary 

care (food, shelter, healthcare, 

supervision) which either caused 

serious harm or created a substantial 

risk of serious harm. 

(8) Aggravating factors and mitigating 

factors. If ORR determines that there are 

no automatic Tier I substantiating 

circumstances under § 412.100(e)(7), 

ORR shall consider the following 

aggravating and mitigating factors 

together in determining if child abuse or 

neglect should be substantiated at Tier 

I or II. Consideration of aggravating and 

mitigating factors will be based on the 

totality of the circumstances and the 

interest of protecting child welfare: 

(i) Aggravating factors. Aggravating 

factors shall be weighed together with 

any existing mitigating factors. 

Aggravating factors include any of the 

following: 

(A) Violations of ORR behavior 

management requirements pursuant to 

§ 410.1304; 

(B) The individual’s failure to comply 

with clearly established care provider 

facility policies, corrective action plans, 

or agreed-upon conditions; 

(C) The tender age, delayed 

developmental status or other 

vulnerability of the child; 

(D) Any significant or lasting 

physical, psychological, or emotional 

harm to the child; 

(E) An attempt to inflict any 

significant or lasting physical, 

psychological, or emotional harm to the 

child; 

(F) Evidence suggesting a repetition or 

pattern of abuse or neglect, including 

multiple instances in which child abuse 

or neglect was substantiated at Tier I or 

Tier II and not substantiated allegations 

if they demonstrate a pattern of abuse or 

neglect or harm. 

(ii) Mitigating factors. Mitigating 

factors shall be weighed together with 

any existing aggravating factors. 

Mitigating factors include any of the 

following: 

(A) Remedial actions taken by the 

individual before the investigation was 

concluded; 

(B) Extraordinary, situational, or 

temporary stressors that caused the 

individual to act in an 

uncharacteristically abusive or 

neglectful manner; 

(C) The isolated or aberrational nature 

of the child abuse or neglect; and 

(D) The limited, minor, or negligible 

physical, psychological, or emotional 

impact of the abuse or neglect on the 

child. 

(f) Confidentiality. Records created 

and information gathered or obtained 

during an investigation are for internal 

purposes only, will not be shared or 

made public unless otherwise required 

or authorized by law, and may not be 

disclosed without prior ORR approval. 

All records must be maintained in an 

appropriate recordkeeping system with 

protections for the privacy and security 

of the individuals identified in the 

records. 

(g) Notifications of a Disposition. (1) 

ORR must notify the alleged perpetrator 

of the disposition in writing within five 

days of making a disposition. ORR must 

also notify in writing the alleged victim, 

their parent(s) or legal guardian(s) (as 

appropriate), or sponsor(s), of the 

disposition within five days of making 

a disposition. 

(2) If the disposition is substantiated 

at Tier I, the notification must state: 

(i) The substantiated perpetrator will 

be considered a Tier 1 sustained 

perpetrator and their name and other 

details related to the relevant abuse or 

neglect findings will be placed on the 

ORR Central Registry, unless they seek 

an appeal of the disposition pursuant to 

§ 412.102, and that once identified in 

the ORR Central Registry they will be 

prohibited from working or volunteering 

in any way on ORR-funded grants or 

contracts, and may not have access to or 

contact with any unaccompanied child 

in ORR custody; 

(ii) The reasons for the Tier I 

substantiated perpetrator’s placement 

on the ORR Central Registry in terms 

sufficient to put the perpetrator on 


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notice of the conduct or incident(s) 

upon which it is based; 

(iii) The Tier I substantiated 

perpetrator may appeal ORR’s 

disposition pursuant to § 412.102, but 

that if the Tier I substantiated 

perpetrator either fails to timely submit 

a notice of appeal, or upon conclusion 

of the appeal and subsequent review, if 

any, the disposition is upheld, the Tier 

I substantiated perpetrator will be added 

to the ORR Central Registry as a Tier I 

sustained perpetrator and the 

disposition will be reported to Federal, 

State, and local authorities, as 

appropriate; and 

(iv) ORR’s procedures for making the 

disposition. 

(3) If the disposition is substantiated 

at Tier II, the notification must inform 

the Tier II substantiated perpetrator that 

they may appeal ORR’s disposition 

pursuant to § 412.102, but that if they 

either fail to timely submit a notice of 

appeal, or upon the conclusion of the 

appeal and subsequent review, if any, 

the disposition is upheld, the Tier II 

substantiated perpetrator will be 

designated as a Tier II sustained 

perpetrator and ORR’s disposition will 

be retained in ORR records. ORR may 

use these records to determine patterns 

of child abuse and neglect and to inform 

future safety planning at care provider 

facilities. A Tier II sustained perpetrator 

will not be placed on the ORR Central 

Registry. 

§ 412.101 Interventions and discipline. 

(a) ORR Central Registry. (1) ORR will 

maintain an ORR Central Registry 

consisting of the names of Tier I 

sustained perpetrators for purposes 

consistent with § 412.100(a) and (c). The 

ORR Central Registry will contain 

names and other identifying information 

for such persons, and details regarding 

any sustained allegations of child abuse 

and neglect against those persons. 

(2) Subject to legal requirements 

regarding disclosure of information, as 

well as information sharing obligations 

with relevant State, local, or Federal 

authorities, the ORR Central Registry 

will not be public-facing, nor available 

to persons outside of ORR. The ORR 

Central Registry will only be used by 

ORR to identify Tier I sustained 

perpetrators, as defined in this part, and 

for ORR to use as part of the screening 

process by care provider facilities as 

described in § 412.101(b). 

(b) Working and Volunteering 

Prohibitions and Mandatory ORR 

Central Registry Checks. (1) The 

individuals listed in the ORR Central 

Registry shall be prohibited from 

working or volunteering in any way on 

ORR-funded grants or contracts and may 

not have access to or contact with any 

unaccompanied child in ORR custody 

unless ORR removes such individual 

from the ORR Central Registry. 

(2) As part of the screening process for 

hiring decisions for staff, contractors or 

sub-grantees, or for screening 

volunteers, all care provider facilities, 

home study providers, and post-release 

service providers, whether or not 

located in States that investigate child 

abuse and neglect allegations at ORR 

care provider facilities, must check with 

ORR to confirm that an applicant is not 

listed in the ORR Central Registry. 

(3) All care provider facilities, home 

study providers, and post-release 

service providers, whether or not 

located in States that investigate child 

abuse and neglect allegations at ORR 

care provider facilities, must also check 

all of their personnel against the ORR 

Central Registry at least once annually. 

(c) Disciplinary Sanctions. Care 

provider facilities must implement 

appropriate disciplinary or remedial 

measures where they or ORR find that 

care provider facility staff, contractors 

or sub-grantees of the care provider 

facility, or care provider facility 

volunteers whose conduct does not rise 

to the level of a Tier I substantiated 

allegation, as defined at § 412.001, but 

nevertheless raises child welfare 

concerns. 

(d) Referrals to State, Local, and Other 

Federal Agencies. (1) ORR shall refer the 

names and other identifying information 

of Tier I sustained perpetrators to 

relevant State and local authorities and 

to relevant law enforcement agencies in 

the State in which the sustained 

allegation of child abuse or neglect 

occurred. Additionally, if a State or 

local authority or relevant local law 

enforcement agency outside of the State 

in which the Tier I sustained allegation 

occurred requests information about the 

sustained perpetrator, ORR will confirm 

whether a particular individual is on the 

ORR Central Registry. 

(2) ORR will provide the names and 

other identifying information of Tier I 

sustained perpetrators to the Federal 

Bureau of Investigation and HHS Office 

of the Inspector General (OIG), 

consistent with any applicable 

agreements. 

(3) ORR and care provider facilities 

shall not interfere with another State, 

local, or Federal authority or agency’s 

investigation into allegations of child 

abuse and neglect. 

§ 412.102 Appeal and review process. 

(a) A substantiated perpetrator at Tier 

I or Tier II may appeal the disposition 

made by ORR to an Administrative Law 

Judge (ALJ) of the HHS Departmental 

Appeals Board (DAB) pursuant to 

§ 412.102(c). 

(b) Notice of Opportunity for an 

Appeal. (1) After ORR substantiates an 

allegation of child abuse and neglect at 

Tier I or Tier II, it will send a written 

notice to the substantiated perpetrator at 

Tier I or Tier II, in accordance with 

§ 412.100(g), with notification that the 

allegation has been substantiated and 

that, unless they appeal the disposition 

by ORR, a Tier I substantiated 

perpetrator will be placed on the ORR 

Central Registry as a Tier I sustained 

perpetrator and a Tier II substantiated 

perpetrator’s information will be 

retained as a Tier II sustained 

perpetrator in agency records. 

(2) The written notice shall: 

(i) Clearly describe the basis for ORR’s 

disposition that substantiates the 

relevant allegations at Tier I or Tier II 

and shall explain the Tier I or Tier II 

substantiated perpetrator’s right to 

appeal the disposition and the steps 

required to initiate the appeal. 

(ii) Inform the substantiated 

perpetrator that they may appeal the 

ORR disposition before an ALJ. 

(iii) Provide the substantiated 

perpetrator at Tier I or Tier II and their 

attorney, if any, with written 

information and instructions describing 

the appeal process. 

(iv) Inform the substantiated 

perpetrator at Tier I or Tier II that if they 

do not submit a notice of appeal within 

30 days of receiving the notice of 

disposition, the DAB will consider the 

substantiated perpetrator to have 

waived their opportunity to appeal and 

any subsequent review. If the appeal is 

determined to be waived, a Tier I 

substantiated perpetrator will be 

identified as a Tier I sustained 

perpetrator on the ORR Central Registry 

and a Tier II substantiated perpetrator’s 

information will be retained as a Tier II 

sustained perpetrator in agency records. 

(c) Notice of Appeal and Dismissal of 

an Appeal—(1) Notice of Appeal. (i) If 

the substantiated perpetrator at Tier I or 

Tier II elects to appeal ORR’s 

disposition that an allegation is 

substantiated at Tier I or Tier II, they 

must file a written notice of appeal with 

the DAB within 30 days of receipt of the 

written notice of ORR’s disposition. 

(ii) Within 30 days of receipt of the 

notice of appeal, ORR shall provide all 

evidence it used in making its 

disposition to the DAB. 

(iii) ORR shall provide the 

substantiated perpetrator at Tier I or 

Tier II and their attorney, if any, all 

information used in making its 

disposition except any portion that ORR 

determines: 


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(A) Would compromise the safety and 

well-being of a child, the reporter, or 

any other person; 

(B) Would reveal the identity of a 

child who furnished information with 

the understanding that their identity 

would be held in confidence; 

(C) Would reveal the identity of any 

alleged perpetrator(s) involved in the 

same case who has an unfounded 

disposition; or, 

(D) Is otherwise prohibited by State or 

Federal law or regulation. In the case of 

information being withheld, the 

substantiated perpetrator at Tier I or 

Tier II shall be advised of the general 

nature of the information and the 

reasons that it is being withheld. 

(2) Dismissal of appeal. (i) The ALJ 

shall dismiss an appeal when the 

substantiated perpetrator waives appeal 

by not submitting a notice of appeal 

within 30 days of receiving written 

notice of ORR’s disposition, pursuant to 

§ 410.102(b)(2)(iv), and does not 

demonstrate good cause for the 

untimely submission; or when the 

substantiated perpetrator withdraws the 

appeal, abandons the appeal, or does 

not have a right to ALJ review. If the 

appeal of a Tier I substantiated 

perpetrator is dismissed, they will be 

placed on the ORR Central Registry as 

a Tier I sustained perpetrator. If the 

appeal of a Tier II substantiated 

perpetrator is dismissed, ORR will 

retain the information regarding the Tier 

II substantiated perpetrator as a Tier II 

sustained perpetrator in agency records. 

(ii) Notwithstanding such dismissal, 

the DAB may in its discretion 

temporarily remove the designation of 

sustained perpetrator at Tier I or Tier II, 

which would result in ORR removing 

the individual who was designated as a 

sustained perpetrator at Tier I from the 

ORR Central Registry, for situations 

including, for example, where the ALJ 

determines that the sustained 

perpetrator at Tier I or Tier II has 

established good cause for exceeding the 

appeal timeframe. 

(d) Appeal of ORR’s disposition. (1) 

When a substantiated perpetrator at Tier 

I or Tier II appeals the ORR’s 

disposition to an ALJ pursuant to 

§ 412.102(c)(1)(i), ORR must transmit to 

the ALJ all of the evidence upon which 

the disposition was based. 

(2) The evidentiary record must 

contain all documents and other 

materials, such as video or audio 

recordings, that were used by ORR in 

making its disposition. The ALJ may 

remand the case to ORR if the ALJ 

determines that the evidentiary record is 

insufficiently complete to decide 

whether ORR’s disposition is supported 

by a preponderance of the evidence. 

(3) The substantiated perpetrator at 

Tier I or Tier II may be represented by 

an attorney and may present the 

testimony of witnesses, documents, 

factual data, arguments, or other 

submissions of proof. 

(4) The substantiated perpetrator shall 

have the burden to show that, 

considering the totality of the evidence, 

there is not a preponderance of the 

evidence to support the substantiated 

allegation at Tier I or Tier II, and to 

dispute whether any automatic Tier I 

substantiating circumstances existed (if 

applicable) or whether any aggravating 

factors or mitigating factors existed (if 

applicable). Both ORR and the 

substantiated perpetrator may present 

the testimony of witnesses, documents, 

factual data, arguments, or other 

submissions of proof. The testimony of 

care provider facility staff shall be 

voluntary and failure to offer such 

testimony will not be subject to 

disciplinary action. 

(5) If the substantiated perpetrator 

submits a notice of appeal and the 

appeal is not dismissed by the ALJ 

pursuant to § 412.102(d)(7), ORR must 

notify the alleged victim and the alleged 

victim’s parent(s), legal guardian(s) (as 

appropriate), or sponsor(s) that that an 

appeal of ORR’s disposition will be 

conducted by an ALJ. The alleged 

victim, other child witness(es), and 

family members of the alleged victim 

shall not be required to testify. Refusal 

to testify shall have no bearing on the 

determination as to whether abuse did 

or did not take place. 

(6) The parties may direct and cross 

examine witnesses either during a live 

hearing or pursuant to a record review. 

The parties will be given an opportunity 

to file briefs or other written statements 

as to fact or law. 

(7) The ALJ shall conduct a fair and 

impartial hearing and de novo review to 

determine whether the substantiated 

perpetrator proved their burden of 

showing that, considering the totality of 

the evidence, there is not a 

preponderance of the evidence to 

support the substantiated allegation. 

The ALJ may either dismiss the case for 

untimeliness, withdrawal of the appeal, 

abandonment of the appeal, or because 

the individual does not have the right to 

appeal or because of other procedural 

defects, or will issue a written decision 

to uphold, modify, or reverse ORR’s 

disposition. 

(8) The ALJ shall serve a copy of the 

decision upon the parties and the 

Assistant Secretary for ACF. The ALJ’s 

decision shall provide the sustained 

perpetrator at Tier I or Tier II and their 

attorney, if any, with instructions for 

requesting review by the Assistant 

Secretary for ACF. The ALJ also shall 

provide a copy of the decision to alleged 

victim and the alleged victim’s 

parent(s), legal guardian(s) (as 

appropriate), or sponsor(s). The 

complete record upon which the 

decision is based shall be made 

available to the Assistant Secretary. 

(e) Review of the ALJ’s Decision. (1) A 

substantiated perpetrator at Tier I or 

Tier II may request a review of the ALJ’s 

decision within 30 days of receipt of the 

ALJ’s decision, by filing a request for 

review with Office of the Assistant 

Secretary for ACF. 

(2) The Assistant Secretary for ACF 

has discretion, within 30 days after 

receiving a timely submission by a 

substantiated perpetrator of a request for 

review of an ALJ’s decision under 

§ 412.102(e)(1) to review the ALJ’s 

decision to dismiss a case for 

untimeliness or other procedural 

defects, and to affirm, modify, or reverse 

the ALJ’s decision with regard to 

dismissal or ORR’s disposition of the 

allegation. A review by the Assistant 

Secretary will determine whether the 

ALJ’s decision was based on a material 

error of law or fact. 

(3) If the Assistant Secretary affirms 

the ALJ’s decision or does not modify or 

reverse the ALJ’s decision within 30 

days after receiving a timely review 

request pursuant to § 412.102(e)(1), the 

ALJ’s decision becomes the final 

decision of the Assistant Secretary and 

is binding on the parties. 

(4) If the Assistant Secretary modifies 

or reverses the ALJ’s decision pursuant 

to § 412.102(e)(2), the Assistant 

Secretary’s decision is final and 

binding. 

(5) If at the end of the 30-day period 

in § 412.102(e)(1), no timely request for 

review has been made, the Assistant 

Secretary has 30 days from that point to 

exercise discretion to review the ALJ’s 

decision. If the Assistant Secretary does 

not modify or reverse the ALJ’s 

decision, then the ALJ’s decision 

becomes the final decision of the 

Assistant Secretary and is binding on 

both parties. 

(6) The Office of the Assistant 

Secretary for ACF shall serve a copy of 

the final decision upon the parties 

involved. The Office of the Assistant 

Secretary for ACF also shall provide a 

copy of the final decision issued by the 

Assistant Secretary, based on review on 

the ALJ’s decision under § 412.102(e), to 

the alleged victim and the alleged 

victim’s parent(s), legal guardian(s) (as 

appropriate), or sponsor(s). 


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§ 412.103 Obligations of care provider 

facilities. 

(a) General requirements. During any 

investigation by ORR, a care provider 

facility must: 

(1) Permit ORR unrestricted access to 

the premises, any physical property on 

the premises, buildings, staff, and 

children in the physical custody of the 

care provider facility; 

(2) Permit ORR to conduct interviews 

with children residing at the care 

provider facility, and without care 

provider facility staff, contractors, or 

sub-grantees of the care provider 

facility, or care provider facility 

volunteers present; 

(3) Permit ORR to observe the 

activities of care provider facility staff, 

contractors, or sub-grantees of the care 

provider facility, care provider facility 

volunteers, or other individuals who 

have access to children in ORR care 

through contracts or grants with ORR; 

(4) Promptly preserve any potential 

video or documentary evidence; 

(5) Promptly provide access to and, 

upon request, copies of all files, records, 

reports, data, video recordings, and 

other information to ORR, either prior to 

or during the investigation; 

(6) Promptly provide access to and 

contact information for care provider 

facility staff, contractors, or sub-grantees 

of the care provider facility, care 

provider facility volunteers, or other 

individuals who have access to children 

in ORR care through other contracts or 

grants with ORR; 

(7) Submit complete and accurate 

responses to any written questions in a 

timely manner; 

(8) Fully cooperate with ORR; 

(9) Fully cooperate with any 

investigation of the same allegation by 

State, local, and Federal authorities and 

relevant law enforcement agencies. 

(b) Protection against retaliation. Care 

provider facility staff, contractors, or 

sub-grantees of the care provider 

facility, and care provider facility 

volunteers must not retaliate against any 

person who in good faith reports or 

participates in an investigation of child 

abuse or neglect. 

(c) Obstruction, interference, delay of, 

or failure to permit an investigation. 

Obstruction, interference, delay of, or 

failure of a care provider facility to 

permit or cooperate with any 

investigation under this part, including 

failure to protect unaccompanied 

children from retaliation pursuant to 

§ 412.103(b), may result in ORR taking 

monitoring and enforcement measures 

including, but not limited to: remote 

monitoring of the care provider facility; 

on-site monitoring of the care provider 

facility; monitoring of the corporate 

offices to review internal policies and 

reporting structures, as well as 

supervisory response to events; limiting 

or stopping new placements of 

unaccompanied children at the care 

provider facility; removing all 

unaccompanied children from the care 

provider facility and placing them into 

other care provider facilities; issuing 

corrective actions; terminating the 

cooperative agreement or contract with 

the care provider facility; or imposing 

other such remedies for noncompliance 

applicable to HHS grant recipients and 

contractors. 

(d) Rights to legal representation, 

familial supports, and other supports. 

During the course of an investigation, 

care provider facilities must provide 

unaccompanied children confidential 

access to attorneys of record and other 

legal service providers, in a manner 

consistent with requirements 

established at 45 CFR 411.55 (as 

applicable) and 45 CFR 410.1309. Care 

provider facilities must provide 

unaccompanied children access to their 

families, including legal guardians, in a 

manner consistent with requirements 

established at 45 CFR 411.55 (as 

applicable) and 45 CFR 410.1309. Care 

provider facilities must provide 

unaccompanied children with access to 

their child advocates, in a manner 

consistent with the requirements at 8 

U.S.C. 1232(c)(6) and 45 CFR 410.1308. 

Care provider facilities must also 

provide unaccompanied children access 

to health services (including specialists 

and mental health practitioners), 

individual counseling sessions, and 

crisis intervention (including access to 

outside victim services and rape crisis 

centers where appropriate) to most 

appropriately address unaccompanied 

children’s needs, in a manner consistent 

with requirements established at 45 CFR 

410.1307, 45 CFR 410.1311, 45 CFR 

410.1302(c)(5), and 45 CFR 411.21 (as 

applicable). 

[FR Doc. 2024–27626 Filed 11–25–24; 8:45 am] 

BILLING CODE 4184–45–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 241120–0297] 

RTID 0648–XD848 

Fisheries Off West Coast States; 

Coastal Pelagic Species Fisheries; 

Annual Specifications; 2024–2025 

Annual Specifications and 

Management Measures for Pacific 

Sardine 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS is implementing 

annual harvest specifications and 

management measures for the northern 

subpopulation of Pacific sardine 

(hereafter, Pacific sardine), for the 

fishing year from July 1, 2024, through 

June 30, 2025. This rule prohibits most 

directed commercial fishing for Pacific 

sardine off the coasts of Washington, 

Oregon, and California. Pacific sardine 

harvest is allowed only for use as live 

bait, in minor directed fisheries, as 

incidental catch in other fisheries, or as 

authorized under exempted fishing 

permits. The incidental harvest of 

Pacific sardine will be limited to 30 

percent by weight of all fish per trip 

when caught with other stocks managed 

under the Coastal Pelagic Species (CPS) 

Fishery Management Plan (FMP), or up 

to 2 metric tons (mt) per trip when 

caught with non-coastal pelagic species 

stocks. The harvest specifications for 

2024–2025 include an overfishing limit 

(OFL) of 8,312 mt, an acceptable 

biological catch (ABC) and annual catch 

limit (ACL) of 6,005 mt, and an annual 

catch target (ACT) of 5,500 mt. This 

final rule is intended to conserve, 

manage, and rebuild the Pacific sardine 

stock off the coasts of Washington, 

Oregon, and California. 

DATES: Effective December 27, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Katie Davis, West Coast Region, NMFS, 

(323) 372–2126, Katie.Davis@noaa.gov. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the Pacific sardine fishery in 

the U.S. exclusive economic zone (EEZ) 

off the Pacific coast (i.e., off the U.S. 

West Coast states of California, Oregon, 

and Washington) in accordance with the 

CPS FMP. The CPS FMP and its 

implementing regulations require NMFS 

to set annual reference points and 

management measures for the Pacific 


ddrumheller on DSK120RN23PROD with RULES1