[Federal Register Volume 80, Number 17 (Tuesday, January 27, 2015)]
[Notices]
[Pages 4270-4272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01372]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families


Proposed Information Collection Activity; Comment Request

Proposed Projects

    Title: Information Collections for the Interim Final Rule on 
Standards to Prevent, Detect, and Respond to Sexual Abuse and Sexual 
Harassment Involving Unaccompanied Children.
    OMB No.: New Collection.
    Description: In accordance with section 1101(c) of the Violence 
Against Women Reauthorization Act of 2013, Public Law 113-4 (VAWA 
2013), the Administration for Children and families (ACF), Office of 
Refugee Resettlement (ORR) published an interim final rule (IFR) on 
December 24, 2014 setting forth standards to prevent, detect, and 
respond to sexual abuse and sexual harassment involving unaccompanied 
children (UC). The IFR requires care provider facilities to collect, 
report, and retain information to ensure care provider facilities are 
properly preventing, detecting, and responding to all incidents of 
sexual abuse and sexual harassment that occur while a UC is in ORR care 
and custody. The proposed information collections solicit information 
to document a care provider facility's efforts to do so. The proposed 
information collections associated with this rule include the 
following:
    (1) Sexual Abuse Significant Incident Report Form: ORR requires 
care provider facilities to use this form to report allegations related 
to sexual abuse and sexual harassment to ORR so that ORR may be able to 
monitor and track allegations of sexual abuse and sexual harassment as 
well as ensure proper follow-up. All care provider facility staff, 
volunteers, and contractors are required to report to ORR and third-
parties: any knowledge, suspicion, or information regarding an incident 
of sexual abuse or sexual harassment; retaliation; staff neglect or 
violation of responsibilities that may have contributed to an incident 
or retaliation; and allegations of sexual abuse or sexual harassment 
that occurred while the UC was at another care provider facility.
    (2) Assessment of Risk Form: ORR requires care provider facilities 
to use this form to assess a UC's risk of being sexually abused or 
harassed or being sexually abusive or harassing other UC while in ORR 
care and custody. Care provider facilities will use this information to 
inform a UC's service

[[Page 4271]]

assignments to reduce the risk of sexual abuse or sexual harassment by 
or upon a UC.
    (3) Care Provider Incident Review Form: ORR requires care provider 
facilities to collect data and prepare a report at the conclusion of 
every investigation of sexual abuse and sexual harassment that was 
determined to be substantiated or unsubstantiated but not unfounded to 
ensure proper steps are taken following an investigation or allegation 
of sexual abuse and/or sexual harassment.
    (4) Written policies: ORR requires care provider facilities to 
maintain written policies: mandating zero tolerance toward all forms of 
sexual abuse and sexual harassment and outlining the care provider 
facility's approach to detecting, preventing, and responding to such 
conduct that include outside agencies (e.g. victim advocates, 
counselors) in the facility's prevention and intervention protocols.
    (5) Previous misconduct of job applicants: ORR requires care 
provider facilities to solicit information from job applicants and 
employees considered for promotion and in any written self-evaluations 
conducted as part of performance evaluations of current employees about 
previous misconduct related to sexual abuse and sexual harassment. This 
information will be used to ensure any previous misconduct is reviewed 
prior to hiring or promoting a potential or existing employee.
    (6) Background checks: ORR requires care provider facilities to 
produce background investigation results and documentation to ORR upon 
request so that ORR can ensure background checks were conducted and to 
review background checks as necessary for potential employees at care 
provider facilities.
    (7) Reporting misconduct of former employees: ORR requires care 
provider facilities to provide information on substantiated allegations 
of sexual abuse or sexual harassment involving a former employee upon 
request from another care provider facility or institutional employer 
from whom such individual is seeking employment. ORR requires this so 
that an employee with substantiated allegations against him/her at one 
ORR care provider facility is not employed at a different ORR care 
provider facility.
    (8) Reporting to investigating authorities: ORR requires care 
provider facilities to report allegations of sexual abuse and sexual 
harassment, including allegations that occurred at another care 
provider facility, to ORR and all appropriate investigating authorities 
so allegations of sexual abuse and sexual harassment are investigated 
as appropriate.
    (9) Document retention: ORR requires care provider facilities to 
maintain documentation related to sexual abuse and sexual harassment 
for at least 10 years.
    (10) MOUs with investigating authorities: ORR requires care 
provider facilities to maintain agreements or documentation showing 
attempts to enter into agreements with local law enforcement, State or 
local Child Protective Services, and State or local licensing agencies. 
This is required to document completion of the requirement under the 
IFR.
    (11) Training documentation: ORR requires care provider facilities 
to maintain written documentation that employees, contractors, 
volunteers, and medical and mental health practitioners employed or 
contracted by the care provider facility have completed required 
trainings on sexual abuse and sexual harassment prevention, detection, 
and response. This is required to document completion of the 
requirement under the IFR.
    (12) Information for UCs: ORR requires care provider facilities to 
provide information to UCs regarding the care provider facility's zero 
tolerance policies, methods to report allegations, information on 
appropriate/inappropriate relationships, and to document the provision 
of such information. This is required of care provider facilities so 
that UCs know what to report, how to report, and the policies of the 
facility.
    (13) MOUs with reporting entities: ORR requires care provider 
facilities to maintain agreements or document attempts to enter into 
agreements with external entities that can receive and immediately 
forward UC reports of sexual abuse and sexual harassment allegations to 
ORR. This is to ensure completion of the IFR requirements.
    (14) Grievance procedures: ORR requires care provider facilities to 
maintain written procedures for identifying and handling time-sensitive 
grievances that involve immediate threats to a child's health, safety, 
or welfare related to sexual abuse and sexual harassment and reporting 
them to ORR. This is to ensure care provider facilities have procedures 
to handle time-sensitive grievances.
    (15) Agreements with community service providers: ORR requires care 
provider facilities must maintain agreements or document attempts to 
enter into agreements with community service providers to provide legal 
advocacy and confidential emotional support services for victims of 
sexual abuse and sexual harassment. This is to ensure that care 
provider facilities comply with the IFR requirements.
    (16) Third party reporting: ORR is required to establish a method 
to receive third-party reports of sexual abuse and sexual harassment 
that occur at ORR care provider facilities. This provides a way for 
third-parties to report allegations to ORR.
    (17) Reporting to parent/legal guardian: ORR requires care provider 
facilities to disclose allegations of sexual abuse and sexual 
harassment to the victim's parents or legal guardian, except in cases 
where doing so would endanger the safety or well-being of the UC.
    (18) Reporting to attorney of record: ORR requires care provider 
facilities to disclose allegations of sexual abuse and sexual 
harassment to the victim's attorney of record, if applicable.
    (19) Reporting staff, contractors, and volunteers to investigating 
authorities: ORR requires care provider facilities to report to law 
enforcement agencies and to any relevant state or local licensing 
agency any staff, contractor, or volunteer who was terminated or 
resigned because of a violation of care provider facility sexual abuse 
or sexual harassment policies or procedures.
    (20) Annual reports: ORR requires care provider facilities to 
conduct an annual review of all sexual abuse and sexual harassment 
investigations and provide the results to ORR so that ORR can gather 
aggregate data from all ORR care provider facilities.
    (21) Quarterly reporting: ORR requires the care provider facility's 
PSA Compliance Manager to prepare a quarterly report for ORR compiling 
information and aggregate incident-based sexual abuse and sexual 
harassment data in order for ORR to review data on a regular basis.
    (22) Other data: ORR requires care provider facilities to provide 
data or information to ORR upon request.
    (23) Audit report: ORR requires one audit report for each facility 
within the first three years of the rule's publication and once every 
three years thereafter. Audits will certify that care provider 
facilities meet the standards required by the IFR. Audit reports will 
be provided to ORR so ORR can ensure that all care provider facilities 
are compliant with the IFR.
    Respondents: Care provider facility service staff, contractors, 
volunteers, family members and friends of UC, and auditors.

[[Page 4272]]



                                             Annual Burden Estimates
----------------------------------------------------------------------------------------------------------------
                                                                            Average burden
          Instrument                 Number of        Number of responses      hours per     Total burden hours
                                    respondents          per respondent        response
----------------------------------------------------------------------------------------------------------------
Sexual Abuse Significant       2,430...............  1 or more............            0.5   1,215 or more.
 Incident Report Form.
Assessment of Risk Form......  57,500..............  1....................            0.17  9,775.
Care Provider Incident Review  2,430...............  1....................            0.5   1,215.
 Form.
Written policies.............  120.................  1....................            2     240.
Previous misconduct..........  7,479...............  1 or more............            0.33  2,468.
Background checks............  748.................  1 or more............            0.1   74.8.
Reporting misconduct of        75..................  1....................            0.33  25.
 former employees.
Reporting to investigating     2,430...............  1 or more............            0.33  802 or more.
 authorities.
MOUs with investigating        120.................  2 or more............            0.33  79 or more.
 authorities.
Training documentation.......  7,479...............  1....................            0.17  1,271.
Information for UCs..........  57,500..............  1....................            0.25  14,375.
MOUs with reporting entities.  120.................  1....................            0.25  30.
Grievance procedures.........  120.................  1....................            0.5   60.
Agreements with local service  120.................  1 or more............            1     120.
 providers.
Third Party reporting........  73 or more..........  1....................            0.25  18 or more.
Disclosure to parent/guardian  2,430...............  1....................            0.17  413.
Disclosure to atty of record.  972.................  1....................            0.17  165.
Reporting staff, contractors,  25..................  1....................            0.25  6.
 and volunteers to
 investigating authorities.
Annual reports...............  120.................  1....................            4     480.
Quarterly reports............  120.................  4....................            2     960.
Other data...................  120.................  20 or more...........            0.25  600.
Audit report.................  40..................  1....................            8     320.
----------------------------------------------------------------------------------------------------------------

    Estimated Total Annual Burden Hours: 34,713.
    In compliance with the requirements of Section 506(c)(2)(A) of the 
Paperwork Reduction Act of 1995, the Administration for Children and 
Families is soliciting public comment on the specific aspects of the 
information collection described above. Copies of the proposed 
collection of information can be obtained and comments may be forwarded 
by writing to the Administration for Children and Families, Office of 
Planning, Research and Evaluation, 370 L'Enfant Promenade SW., 
Washington, DC 20447, Attn: ACF Reports Clearance Officer. Email 
address: <a href="/cdn-cgi/l/email-protection#3851565e575b5754545d5b4c51575678595b5e1650504b165f574e"><span class="__cf_email__" data-cfemail="3f565159505c5053535a5c4b5650517f5e5c591157574c11585049">[email protected]</span></a>. All requests should be identified 
by the title of the information collection.
    The Department specifically requests comments on: (a) Whether the 
proposed collection of information is necessary for the proper 
performance of the functions of the agency, including whether the 
information shall have practical utility; (b) the accuracy of the 
agency's estimate of the burden of the proposed collection of 
information; (c) the quality, utility, and clarity of the information 
to be collected; and (d) ways to minimize the burden of the collection 
of information on respondents, including through the use of automated 
collection techniques or other forms of information technology. 
Consideration will be given to comments and suggestions submitted 
within 60 days of this publication.

Robert Sargis,
Reports Clearance Officer.
[FR Doc. 2015-01372 Filed 1-26-15; 8:45 am]
BILLING CODE 4184-01-P


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