Federal Register / Vol. 63, No. 142 / Friday, July 24, 1998 / Proposed Rules 39759

rate should provide $30,000 in

assessment income and, in conjunction

with other funds available to the

Committee, be adequate to meet this

year’s expenses. Funds available to the

Committee include income derived from

assessments, the surplus account (which

contains money from cull date sales),

and the administrative reserves.

The higher assessment rate is needed

to offset an expected reduction in funds

available to the Committee from the sale

of cull dates to non-human food product

outlets. Proceeds from such sales are

deposited into the surplus account for

subsequent use by the Committee. Last

year, the Committee applied $40,000 to

the budget from the sale of cull dates as

the surplus account’s share of

Committee expenses. Based on a trend

of declining sales of cull dates over the

past few years, this year the Committee

expects to only be able to apply $30,000

(25 percent less) to the budget from the

sale of cull dates.

The Committee reviewed and

unanimously recommended 1998–99

expenditures of $80,000 which included

increases in salaries and benefits and

administrative expenses. Prior to

arriving at this budget, the Committee

considered alternative expenditure

levels, including a proposal to not fund

a compliance officer position, but

determined that expenditures for the

position were necessary to promote

compliance with program requirements.

The assessment rate of $0.10 per

hundredweight of assessable dates was

then determined by applying the

following formula where:

A = 1998–99 surplus account ($30,000);

B = amount taken from administrative

reserves ($20,000);

C = 1998–99 expenses ($80,000);

D = 1998–99 expected shipments

(300,000 hundredweight);

(C ¥ (A + B)) ÷ D = $0.10 per

hundredweight.

A review of historical information and

preliminary information pertaining to

the upcoming crop year indicates that

the grower price for the 1998–99 season

could range between $30 and $75 per

hundredweight of dates. Therefore, the

estimated assessment revenue for the

1998–99 crop year as a percentage of

total grower revenue would be less than

one percent.

This action would increase the

assessment obligation imposed on

handlers. While assessments impose

some additional costs on handlers, the

costs are minimal and uniform on all

handlers. Some of the additional costs

may be passed on to producers.

However, these costs would be offset by

the benefits derived by the operation of

the marketing order. In addition, the

Committee’s meeting was widely

publicized throughout the California

date industry, and all interested persons

were invited to attend the meeting and

participate in Committee deliberations

on all issues. Like all Committee

meetings, the June 4, 1998, meeting was

a public meeting and all entities, both

large and small, were able to express

views on this issue. Finally, interested

persons are invited to submit

information on the regulatory and

informational impacts of this action on

small businesses.

This proposed rule would impose no

additional reporting or recordkeeping

requirements on either small or large

California date handlers. As with all

Federal marketing order programs,

reports and forms are periodically

reviewed to reduce information

requirements and duplication by

industry and public sector agencies.

The Department has not identified

any relevant Federal rules that

duplicate, overlap, or conflict with this

rule.

A 60-day comment period is provided

to allow interested persons to respond

to this proposed rule.

List of Subjects in 7 CFR Part 987

Dates, Marketing agreements,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR part 987 is proposed to

be amended as follows:

PART 987—DOMESTIC DATES

PRODUCED OR PACKED IN

RIVERSIDE COUNTY, CALIFORNIA

1. The authority citation for 7 CFR

part 987 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. Section 987.339 is proposed to be

revised to read as follows:

§ 987.339 Assessment rate.

On and after October 1, 1998, an

assessment rate of $0.10 per

hundredweight is established for

California dates.

Dated: July 21, 1998.

Robert C. Keeney,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 98–19887 Filed 7–23–98; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 236

[INS No. 1906–98]

RIN 1115–AFO5

Processing, Detention, and Release of

Juveniles

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Proposed rule.

SUMMARY: This rule proposes to amend

the Immigration and Naturalization

(Service) regulations by establishing the

procedures for processing juveniles in

Service custody. The new rule sets

guidelines for the release of juveniles

from custody and the detention of

unreleased juveniles in state-licensed

programs and detention facilities. The

rule also governs the transportation and

transfer of juveniles in Service custody.

DATES: Written comments must be

submitted on or before September 22,

1998.

ADDRESSES: Please submit written

comments, in triplicate, to the Director,

Policy Directives and Instructions

Branch, Immigration and Naturalization

Service, 425 I Street, NW., Room 5307,

Washington, DC 20536. To ensure

proper handling, please reference INS

No. 1906–98 on your correspondence.

Comments are available for public

inspection at the above address by

calling (202) 514–3048 to arrange for an

appointment.

FOR FURTHER INFORMATION CONTACT:

John J. Pogash, Headquarters Juvenile

Coordinator, Immigration and

Naturalization Service, 425 I Street, NW.

Room 3008, Washington, DC 20536,

telephone (202) 514–1970.

SUPPLEMENTARY INFORMATION:

Background

What is the basis for the proposed rule?

The Service has settled Flores v. Reno,

the class-action lawsuit filed as a

challenge to the Service’s policies on

the detention, processing, and release of

juveniles. Although certain aspects of

the lawsuit were won previously by

either the plaintiffs or the Service, the

parties resolved the remaining aspects

in a comprehensive settlement that

addressed juvenile processing,

transport, release, and detention. The

substantive terms of the settlement form

the basis for the proposed rule.
39760 Federal Register / Vol. 63, No. 142 / Friday, July 24, 1998 / Proposed Rules

Has there been any previous

opportunity to comment on the terms of

the proposed rule?

The parties to the Flores v. Reno

lawsuit provided the plaintiff class,

composed of all juveniles in Service

custody, a 30-day opportunity to object

to the terms of the settlement agreement.

In the absence of any objection, the

federal court approved the terms of the

settlement agreement, which now forms

the basis for the proposed rule.

Explanation of Changes

What changes are being made to the

regulations?

The proposed rule establishes the

framework for the processing, release,

and detention of juveniles in Service

custody. The proposed rule revises

§ 236.3. The section is redesignated:

‘‘§ 236.3 Processing, detention, and

release of juveniles.’’

The rule maintains the substance of

former sections § 242.24(f), (g), and (h)

regarding notice to parents of juveniles’

applications for relief, voluntary

departure, and the notice and request

for disposition. The language of former

§ 242.24(g) and (h) has been amended

and redesignated as, respectively,

paragraphs (c)(3) and (c)(2) of this

section. The rule amends those

provisions to conform more accurately

to the terms of the federal court’s ruling

in Perez-Funez v. District Director, 619

F. Supp. 656 (C.D. Cal. 1985). The

court’s decision in that case required the

Service, prior to offering voluntary

departure from the United States in lieu

of deportation, to provide a simplified

rights advisal to each juvenile who was

unaccompanied by a natural or lawful

parent when taken into custody. (The

court also required the Service to

provide other safeguards, such as the

opportunity to place telephone calls to

family members, friends, or legal

representatives prior to being offered

voluntary departure. The Service

previously implemented those

safeguards at former § 242.24(g) and

now maintains them in paragraph (c)(3)

of this section.) The required rights

advisal is incorporated into the Form I–

770, Notice of Rights and Request for

Disposition. This form explains the

minor’s rights to make telephone calls,

to be represented by an attorney, and to

have a removal hearing. Although the

Form I–770 accurately states that the

proper recipients of the form are those

juveniles who are unaccompanied by a

natural or lawful parent, the former

regulation at § 242.24(g) and (h) was

overly broad in stating that the Service

should apply the voluntary departure

procedures to any juvenile alien

apprehended by the Service. Therefore,

the proposed rule amends the regulatory

language to comport with the court’s

ruling in Perez-Funez and the

instructions on the Form I–770.

Similarly, the rule proposes to amend

the former language of § 242.24(h) to

make it clear that the Service must serve

the Notice of Rights (Form I–770) only

upon those juveniles who are not

‘‘arriving aliens’’ as defined at § 1.1(q).

That section defines an ‘‘arriving alien’’

as ‘‘an applicant for admission coming

or attempting to come into the United

States at a port-of-entry, or an alien

seeking transit through the United

States at a port-of-entry, or an alien

interdicted in international or United

States waters and brought into the

United States by any means, whether or

not to a designated port-of-entry, and

regardless of the means of transport.

. . .’’ The amended language in

paragraph (c)(2) of this section

accurately reflects that section 240B of

the Immigration and Nationality Act

(the Act) explicitly states that voluntary

departure is not available to ‘‘an alien

who is arriving in the United States.’’

The proposed rule’s amended language

will avoid any confusion caused by the

Service of the Form I–770 on an arriving

alien juvenile.

Adding new regulatory language on

the detention and release of juveniles in

custody, the proposed rule provides that

the Service shall place detained

juveniles in the least restrictive setting

appropriate to the juvenile’s age and

circumstances, so long as the placement

is consistent with the need to protect

the well-being of the juvenile or others

and to ensure the juvenile’s presence

before the Service or the immigration

court. The Service will separate

unaccompanied juveniles from

unrelated adults in detention. If the

Service does not release the juvenile

immediately, the Service will hold the

juvenile temporarily in a Service facility

having separate accommodations for

juveniles, or in a juvenile detention

facility having separate

accommodations for non-delinquent

juveniles, pending placement in a statelicensed residential program.

The rule provides that if detention of

the juvenile is not necessary to protect

the juvenile or others, or to ensure that

he or she will appear in immigration

court, the Service shall release him or

her to a custodian meeting certain

qualifications. The custodian will be

required to sign an agreement to

perform several duties, including

providing for the juvenile’s needs and

ensuring the juvenile’s presence in

immigration court. The Service may

require a suitability assessment and a

home visit prior to releasing a juvenile

to a custodian.

If a juvenile is to remain in Service

custody pending the completion of his

or her immigration court proceedings,

the Service shall place the juvenile in a

State-licensed residential program. The

rule requires the Service to place

juveniles in such programs within given

time periods, depending on the

circumstances of the case.

The Service may place certain

juveniles in more secure detention. If a

juvenile has committed a crime or a

juvenile delinquent offense, has

committed or threatened to commit

violent acts, has engaged in disruptive

behavior, is an escape risk, or is in

danger, the Service may place him or

her in a juvenile detention facility or a

Service facility having separate

accommodations for juveniles.

Regulatory Flexibility Act

The Commissioner of the Immigration

and Naturalization Service, in

accordance with the Regulatory

Flexibility Act (5 U.S.C. 605(b)), has

reviewed this regulation and, by

approving it, certifies that this rule will

not have a significant economic impact

on a substantial number of small

entities. The rule addresses only

government operations. It places no new

obligations on small entities or other

private individuals or businesses.

Unfunded Mandates Reform Act of

1995

This rule will not result in the

expenditure by State, local and tribal

governments, in the aggregate, or by the

private sector, of $100 million or more

in any 1 year, and it will not

significantly or uniquely affect small

governments. Therefore, no actions were

deemed necessary under the provisions

of the Unfunded Mandates Reform Act

of 1995.

Small Business Regulatory Enforcement

Fairness Act of 1996

This rule is not a major rule as

defined by section 804 of the Small

Business Regulatory Enforcement Act of

1996. This rule will not result in an

annual effect on the economy of $100

million or more; a major increase in

costs or prices; or significant adverse

effects on competition, employment,

investment, productivity, innovation, or

on the ability of United States-based

companies to compete with foreignbased companies in domestic and

export markets.

Executive Order 12866

This rule is not considered by the

Department of Justice, Immigration and
Federal Register / Vol. 63, No. 142 / Friday, July 24, 1998 / Proposed Rules 39761

Naturalization Service, to a ‘‘significant

regulatory action’’ under Executive

Order 12866, section 3(f), Regulatory

Planning and Review, and has not been

reviewed by the Office of Management

and Budget.

Executive Order 12612

The regulation adopted herein will

not have substantial direct effects on the

States, on the relationship between the

National Government and the States, or

on the distribution of power and

responsibilities among the various

levels of government. Therefore, in

accordance with Executive Order 12612,

it is determined that this rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Executive Order 12988 Civil Justice

Reform

This interim rule meets the applicable

standards set forth in sections 3(a) and

3(b)(2) of E.O. 12988.

List of Subjects in 8 CFR Part 236

Administrative practice and

procedure, Aliens, Immigration.

Accordingly, part 236 of chapter I of

title 8 of the Code of Federal

Regulations is proposed to be amended

as follows:

PART 236—APPREHENSION AND

DETENTION OF INADMISSIBLE AND

DEPORTABLE ALIENS; REMOVAL OF

ALIENS ORDERED REMOVED

1. The authority citation for part 236

continues to read as follows:

Authority: 8 U.S.C. 1103, 1182, 1224, 1225,

1226, 1227, 1362; 8 CFR part 2.

2. Section 236.3 is revised to read as

follows:

§ 236.3 Processing, detention, and release

of juveniles.

(a) Definitions. As used in this part,

the term: Chargeable means that the

Service has reasonable grounds to

believe that the individual has

committed a specified offense.

Escape-risk means that there is a

serious risk that the juvenile will

attempt to escape from custody. Factors

to consider when determining whether

a juvenile is an escape-risk include, but

are not limited to, whether:

(i) The juvenile is currently under a

final order of removal, deportation or

exclusion;

(ii) The juvenile’s immigration history

includes: a prior breach of a bond; a

failure to appear before the Service or

the immigration court; evidence that the

juvenile is indebted to organized

smugglers for his or her transport; or a

voluntary departure or a previous

removal from the United States

pursuant to a final order of removal,

deportation, or exclusion;

(iii) The juvenile has previously

absconded or attempted to abscond from

Service custody.

Juvenile means a person under the age

of 18 years. However, individuals who

have been emancipated by a state court

or convicted and incarcerated for a

criminal offense as an adult are not

considered juveniles. Such individuals

must be treated as adults for all

purposes, including confinement and

release on bond. Similarly, if a

reasonable person would conclude that

an individual is an adult despite his or

her claims to be a juvenile, the Service

shall treat such person as an adult for

all purposes, including confinement and

release on bond or recognizance. The

Service may require such an individual

to submit to a medical or dental

examination conducted by a medical

professional or to submit to other

appropriate procedures to verify his or

her age. If the Service subsequently

determines that such an individual is a

juvenile, he or she will be treated as a

juvenile for all purposes.

Licensed program means any

program, agency, or organization

licensed by an appropriate state agency

and contracted by the Service to provide

residential, group, or foster care services

for dependent juveniles. The term may

include a program operating group

homes, foster homes, or facilities for

juveniles with special needs, i.e., mental

and/or physical conditions requiring

special services and treatment by staff.

When possible, the Service shall place

juveniles having special needs in

licensed programs with juveniles

without special needs. All homes and

facilities operated by licensed programs

shall be non-secure as required under

state law. All licensed programs must

also meet the standards for program

content imposed by the Service.

Medium security facility means a

state-licensed facility that is designed

for juveniles who require close

supervision but not secure detention.

Such a facility provides 24-hour awake

supervision and maintains stricter

security measures, such as intense staff

supervision, than a licensed program. It

may have a secure perimeter but shall

not be equipped internally with major

restraining construction or procedures

typically associated with correctional

facilities. A medium security facility

must also meet the standards for

program content imposed on licensed

programs by the Service.

Secure facility means a state or county

juvenile detention facility or a Service

or Service-contract facility that has

separate accommodations for juveniles.

(b) General policy. The Service will

place each detained juvenile in the least

restrictive setting appropriate to the

juvenile’s age and special needs,

provided that such setting is consistent

with the need to ensure the juvenile’s

timely appearance before the Service or

the immigration court and to protect the

juvenile’s well-being and that of others.

Service officers are not required to

release a juvenile to any person or

agency who they have reason to believe

may harm or neglect the juvenile or fail

to present him or her before the Service

or the immigration court when

requested to do so.

(c) Processing. (1) Current list of

counsel. Every juvenile placed in

removal proceedings under section 240

of the Act shall be provided a current

list of pro bono counsel prepared

pursuant to section 239(b)(2) of the Act.

(2) Notice of rights and request for

disposition. When the Service

apprehends a juvenile alien who is not

an arriving alien and who is

unaccompanied by a natural or lawful

parent, the Service shall promptly give

him or her a Form I–770, Notice of

Rights and Request for Disposition. If

the juvenile is less than 14 years of age

or is unable to understand the Form I–

770, it shall be read and explained to

the juvenile in a language he or she

understands. In the event a juvenile

who has requested a hearing pursuant to

the notice subsequently decides to

accept voluntary departure, a new Form

I–770 shall be given to, and signed by,

the juvenile.

(3) Voluntary departure. Each juvenile

who is apprehended in the immediate

vicinity of the border while

unaccompanied by a natural or lawful

parent, and who resides permanently in

Mexico or Canada, shall be informed,

prior to presentation of the voluntary

departure form, that he or she may make

a telephone call to a parent, close

relative, friend, or an organization found

on the current list of pro bono counsel.

Each other juvenile who is

unaccompanied by a natural or lawful

parent shall be provided access to a

telephone and must, in fact,

communicate with either a parent, adult

relative, friend, or an organization found

on the current list of pro bono counsel

prior to presentation of the voluntary

departure form. If such juvenile, of his

or her own volition, asks to contact a

consular officer and does, in fact, make

such contact, the requirements of this

section are satisfied.

(4) Notice of right to bond

redetermination and judicial review of

placement. A juvenile charged under
39762 Federal Register / Vol. 63, No. 142 / Friday, July 24, 1998 / Proposed Rules

section 237 of the Act and placed in

removal proceedings shall be afforded a

bond redetermination hearing before an

immigration judge in every case, unless

the juvenile indicates on the Form I–

286, Notice of Custody Determination,

that he or she refuses such a hearing. A

juvenile who is not released shall be

provided a written explanation of the

right to judicial review of his or her

placement.

(5) Notice to parent of application for

relief. If a juvenile seeks release from

detention, voluntary departure, parole,

or any form of relief from removal

where it appears that the grant of such

relief may effectively terminate some

interests inherent in the parent-child

relationship and/or the juvenile’s rights

and interests are adverse with those of

the parent, and the parent is presently

residing in the United States, the parent

shall be given notice of the juvenile’s

application for relief and shall be

afforded an opportunity to present his

or her views and assert his or her

interest to the district director or

immigration judge before a

determination is made as to the merits

of the request for relief.

(d) Custody. (1) Placement

immediately following arrest. Following

a juvenile’s arrest, the Service will

provide adequate supervision to protect

the juvenile from others and will permit

contact with family members who were

arrested with the juvenile. The Service

will separate unaccompanied juveniles

from unrelated adults. Where such

segregation is not immediately possible,

an unaccompanied juvenile will not be

detained with an unrelated adult for

more than 24 hours.

(2) Temporary placement. If the

juvenile is not immediately released

from custody under paragraph (e) of this

section, and no licensed program is

available to care for him or her, the

juvenile may be placed temporarily in a

secure facility, provided that it separates

non-delinquent juveniles in Service

custody from delinquent offenders.

(3) Placement in licensed programs.

(i) Juveniles who remain in Service

custody pending the conclusion of their

immigration court proceedings must be

placed in a licensed program within:

(A) Three calendar days if the juvenile

was apprehended in a Service district in

which a licensed program is located and

has space available;

(B) Five business days if the juvenile

must be transported from remote areas

for processing or speaks an unusual

language requiring a special interpreter

for processing; or

(C) Five calendar days in all other

cases.

(ii) These time requirements shall not

apply, however, if a court decree or

court-approved settlement requires

otherwise, or an emergency or influx of

juveniles into the United States prevents

compliance, in which case all juveniles

should be placed in licensed programs

as expeditiously as possible. For

purposes of this paragraph, the term

emergency means an act or event (such

as a natural disaster, facility fire, civil

disturbance, or medical emergency) that

prevents timely placement of juveniles.

The phrase influx of juveniles into the

United States means any time at which

the Service has more than 130 juveniles

eligible for placement in licensed

programs, including those already so

placed and those awaiting placement.

(4) Secure and supervised detention.

Notwithstanding paragraph (d)(3) of this

section, a juvenile may be held in or

transferred to a secure facility,

whenever the district director or chief

patrol agent determines that the

juvenile;

(i) Has been charged with, is

chargeable, or has been convicted of a

crime, or is the subject of juvenile

delinquency proceedings, is chargeable

with a delinquent act, or has been

adjudicated delinquent, unless the

juvenile’s offense is:

(A) An isolated offense that was not

within a pattern of criminal activity and

did not involve violence against a

person or the use or carrying of a

weapon (such as breaking and entering,

vandalism DUI, etc.); or

(B) A petty offense, which is not

considered grounds for stricter means of

detention in any case (such as

shoplifting, joy riding, disturbing the

peace, etc.);

(ii) Has committed, or has made

credible threats to commit, a violent or

malicious act (whether directed at

himself or herself or others) while in

Service legal custody or while in the

presence of a Service officer;

(iii) Has engaged in conduct that has

proven to be unacceptably disruptive of

the normal functioning of the licensed

program in which he or she has been

placed and removal is necessary to

ensure the welfare of the juvenile or

others, as determined by the staff of the

licensed program (such as drug or

alcohol abuse, stealing, fighting,

intimidation of others, etc.);

(iv) Is an escape-risk; or

(v) Must be held in a secure facility

for his or her own safety, such as when

the Service has reason to believe that a

smuggler would abduct or coerce a

particular juvenile to secure payment of

smuggling fees.

(5) Alternatives. The Service will not

place a juvenile in a secure facility

pursuant to paragraph (d)(4) of this

section if less restrictive alternatives are

available and appropriate in the

circumstances, such as transfer to a

medium security facility that provides

intensive staff supervision and

counseling services or transfer to

another licensed program.

(6) Approval and notice. All

determinations to place a juvenile in a

secure facility will be reviewed and

approved by the Service regional

Juvenile Coordinator. Service officers

must also provide any juvenile not

placed in a licensed program with

written notice of the reasons for housing

the juvenile in a secure or mediumsecurity facility.

(7) Service custody. All juveniles not

released under paragraph (e) of this

section remain in the legal custody of

the Service and may only be transferred

or released under its authority;

provided, however, that in the event of

an emergency, a licensed program may

transfer temporary physical custody of a

juvenile prior to securing permission

from the Service but shall notify the

Service of the transfer as soon as is

practicable, but in all cases within 8

hours.

(e) Release. If the Service determines

that detention of a juvenile is not

required to secure timely appearance

before the Service or the immigration

court or to ensure the juvenile’s safety

or that of others, the Service shall

release the juvenile from custody, in the

following order of preference, to:

(1) A parent;

(2) A legal guardian;

(3) An adult relative (brother, sister,

aunt, uncle, or grandparent);

(4) An adult individual or entity

designated by the parent or legal

guardian as capable and willing to care

for the juvenile’s well-being in:

(i) A declaration signed under penalty

of perjury before an immigration or

consular officer, or

(ii) Such other documentation that

establishes to the satisfaction of the

Service, in its discretion, that the person

who is designating the custodian is, in

fact, the juvenile’s parent or guardian;

(5) A program, agency, or organization

licensed by an appropriate state agency

to provide residential services to

dependent juveniles, when it is willing

to accept legal, as opposed to simply

physical, custody; or

(6) An adult individual or entity

seeking custody, in the discretion of the

Service, when it appears that there is no

other likely alternative to long-term

detention and family reunification does

not appear to be a reasonable

possibility.
Federal Register / Vol. 63, No. 142 / Friday, July 24, 1998 / Proposed Rules 39763

(f) Agreements between the Service

and a custodian. (1) Certification of

custodian. Before a juvenile is released

from Service custody, the custodian

must execute Form I–134, an Affidavit

of Support, and an agreement to:

(i) Provide for the juvenile’s physical,

mental, and financial well-being;

(ii) Ensure the juvenile’s presence at

all future proceedings before the Service

and the immigration court;

(iii) Notify the Service of any change

of address within 5 days following a

move;

(iv) Not transfer custody of the

juvenile to another party without the

prior written permission of the district

director, unless the transferring

custodian is the juvenile’s parent or

legal guardian;

(v) Notify the Service at least 5 days

prior to the custodian’s departure from

the United States, whether the departure

is voluntary or pursuant to a grant of

voluntary departure or order of removal;

and

(vi) Notify the Service of the initiation

of any State court dependency

proceedings involving the juvenile and

the State dependency court of any

immigration proceedings pending

against the juvenile.

(2) Emergency transfer of custody. In

an emergency, a custodian may transfer

temporary physical custody of a

juvenile prior to securing permission

from the Service, but must notify the

Service of the transfer as soon as is

practicable, and in all cases within 72

hours. Examples of an ‘‘emergency’’

include the serious illness of the

custodian or destruction of the home. In

all cases where the custodian seeks

written permission for a transfer, the

district director shall promptly respond

to the request.

(3) Termination of custody

arrangements. The Service may

terminate the custody arrangements and

assume custody of any juvenile whose

custodian fails to comply with the

agreement required by paragraph (f)(1)

of this section. However, custody

arrangements will not be terminated for

minor violations of the custodian’s

obligation to notify the Service of any

change of address within 5 days

following a move.

(g) Suitability assessment. The Service

may require a positive suitability

assessment prior to releasing a juvenile

under paragraph (e) of this section. The

Service will always require a suitability

assessment prior to any release under

paragraph (e)(6) of this section. A

suitability assessment may include an

investigation of the living conditions in

which the juvenile is to be placed and

the standard of care he or she would

receive, verification of identify and

employment of the individuals offering

support, interviews of members of the

household, and a home visit. The

assessment will also take into

consideration the wishes and concerns

of the juvenile.

(h) Family reunification. (1) Efforts to

reunite. Upon taking a juvenile into

custody, the Service, or the licensed

program in which the juvenile is placed,

will promptly attempt to reunite the

juvenile with his or her family to permit

the release of the juvenile under

paragraph (e) of this section. Such

efforts at family reunification will

continue as long as the juvenile is in

Service custody and will be recorded by

the Service or the licensed program in

which the juvenile is placed.

(2) Simultaneous release. If an

individual specified in paragraph (e) of

this section cannot be located to accept

custody of a juvenile, and the juvenile

has identified a parent, legal guardian,

or adult relative in Service detention,

simultaneous release of the juvenile and

the parent, legal guardian, or adult

relative shall be evaluated on a

discretionary case-by-case basis.

(3) Refusal of release. If a parent of a

juvenile detained by the Service can be

located, and is otherwise suitable to

receive custody of the juvenile, and the

juvenile indicates refusal to be released

to the parent, the parent(s) shall be

notified of the juvenile’s refusal to be

released to the parent(s), and shall be

afforded an opportunity to present their

views to the district director, chief

patrol agent, or immigration judge

before a custody determination is made.

(i) Transportation and transfer. (1)

Separation from adults. Juveniles

unaccompanied by adult relatives or

legal guardians should not be

transported in vehicles with detained

adults except when being transported

from the place of arrest or apprehension

to a Service office or when separate

transportation would be otherwise

impractical, in which case juveniles

shall be separated from adults. Service

officers shall take all necessary

precautions for the protection of

juveniles during transportation with

adults.

(2) Travel arrangements. When a

juvenile is to be released from custody

under paragraph (e) of this section, the

Service will assist him or her in making

transportation arrangements to the

Service office nearest the location of the

person or facility to whom the juvenile

is to be released. In its discretion, the

Service may provide transportation to

such juveniles.

(3) Possessions. Whenever a juvenile

is transferred from one placement to

another, he or she shall be transferred

with all possessions and legal papers;

provided, however, that if the juvenile’s

possessions exceed the amount

normally permitted by the carrier in use,

the possessions shall be shipped to the

juvenile in a timely manner.

(4) Notice. No juvenile who is

presented by counsel should be

transferred without advance notice to

counsel, except in unusual and

compelling circumstances such as

where the safety of the juvenile or

others is threatened, or the juvenile has

been determined to be an escape-risk, or

where counsel has waived notice. In

these cases notice must be provided to

counsel within 24 hours following

transfer.

Dated: June 10, 1998.

Doris Meissner,

Commissioner, Immigration and

Naturalization Service.

[FR Doc. 98–19712 Filed 7–23–98; 8:45 am]

BILLING CODE 4410–10–M

NUCLEAR REGULATORY

COMMISSION

10 CFR Part 35

Medical Use of Byproduct Material;

Public Meetings

AGENCY: U.S. Nuclear Regulatory

Commission.

ACTION: Notice of public meetings.

SUMMARY: The Nuclear Regulatory

Commission has developed a proposed

rulemaking for a comprehensive

revision of its regulations governing the

medical use of byproduct material in 10

CFR Part 35, ‘‘Medical Use of Byproduct

Material,’’ and a proposed revision of its

1979 Medical Use Policy Statement

(MPS). Throughout the development of

the proposed rule and MPS, the

Commission solicited input from the

various interests that may be affected by

these proposed revisions. The

Commission now plans to solicit

comments on the proposed rule and

MPS through two mechanisms—

publishing the documents in the

Federal Register for public comment

(scheduled for August 1998); and

convening three facilitated public

meetings, during the public comment

period, to discuss the Commission’s

proposed resolution of the major issues.

The public meetings will be held in San

Francisco, California, on August 19–20,

1998; in Kansas City, Missouri, on

September 16–17, 1998; and in

Rockville, Maryland, on October 21–22,

1998. All meetings will be open to the

public. Francis X. Cameron, Special