[Federal Register Volume 74, Number 60 (Tuesday, March 31, 2009)]
[Notices]
[Pages 14564-14565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6959]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families


Statement of Organization, Functions and Delegations of Authority

    Notice is hereby given that I have delegated to the Assistant 
Secretary for Children and Families, with authority to re-delegate to 
the Director of the Office of Refugee Resettlement, the following 
authority vested in the Secretary under the William Wilberforce 
Trafficking Victims Protection Reauthorization Act of 2008 Public Law 
110-457 Sec.  235, amended.

Authority Delegated

    Authority under the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 Sec.  235(a)(1) to work in 
conjunction with the Secretary of Homeland Security, the Secretary of 
State, and the Attorney General, to develop policies and procedures to 
ensure that unaccompanied alien children (UAC) are safely repatriated 
to their country of nationality or of last habitual residence.
    2. Authority under the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 Sec.  235(a)(5)(A) to work in 
conjunction with the Secretary of State and the Secretary of Homeland 
Security, nongovernmental organizations, and other national and 
international agencies and experts, to create a pilot program to 
develop and implement best practices for the repatriation and 
reintegration of UAC.
    3. Authority under the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 Sec.  235(b)(1) to provide care 
and custody of all UAC, except as otherwise provided under Sec.  
235(a), including responsibility for their detention, where 
appropriate.
    4. Authority under the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 Sec.  235(b)(4) to develop age 
determination procedures in consultation with the Secretary of Homeland 
Security.
    5. Authority under the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 Sec.  235(c)(1) to establish 
policies and programs to ensure that UAC are protected from traffickers 
and other persons seeking to victimize or otherwise engage such 
children in criminal, harmful or exploitative activity.
    6. Authority under the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 Sec.  235(c)(2) to place an 
unaccompanied alien child in the least restrictive setting that is in 
the best interest of the child. In making such placements, personnel in 
the Administration for Children and Families may consider danger to 
self, danger to the community, and risk of flight. Concerning 
placements in a secure facility, the personnel in the Administration 
for Children and Families shall review the placements, at a minimum, on 
a monthly basis to determine if such placements remain warranted. 
Placement of child trafficking victims may include placement in an 
Unaccompanied Refugee Minors (URM) program, pursuant to section 4 12(d) 
of the Immigration and Nationality Act (8 U.S.C. 1522(d)).
    7. Authority under the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 Sec.  235(c)(3)(A) to place an 
unaccompanied alien child with a custodian upon determining that the 
proposed custodian is capable of providing for the child's physical and 
mental well-being. Such determination shall, at a minimum, include 
verification of the custodian's identity and relationship to the child 
and an independent finding that the custodian has not engaged in any 
activity that would pose a potential risk to the child.
    8. Authority under the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 Sec.  235(c)(3)(B) to conduct a 
home study for a child who is a victim of a severe

[[Page 14565]]

form of trafficking in persons, a special needs child with a 
disability, a child who has been a victim of physical or sexual abuse 
under circumstances that indicate that the child's health or welfare 
has been significantly harmed or threatened, or a child whose proposed 
sponsor clearly presents a risk of abuse, maltreatment, exploitation, 
or trafficking to the child based on all available objective evidence.
    9. Authority under the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 Sec.  235(c)(3)(B) to conduct 
follow-up services, during the pendency of removal proceedings, on 
children for whom a home study was conducted, and to conduct follow-up 
services for those UAC with mental health or other needs.
    10. Authority under the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 Sec.  235(c)(4) to cooperate 
with the Executive Office for Immigration Review (EOIR) to ensure that 
custodians of UAC receive legal orientation presentations provided 
through the Legal Orientation Program administered by EOIR.
    11. Authority under the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 Sec.  235(c)(5) to ensure, to 
the greatest extent practicable and consistent with section 292 of the 
Immigration and Nationality Act (8 U.S.C. 1362), that UAC who are or 
have been in the custody of the Secretary or the Secretary of Homeland 
Security, and who are not described in Sec.  235(a)(2)(A), have 
counsel. To the greatest extent practicable, personnel in the 
Administration for Children and Families shall make every effort to use 
the services of pro bono counsel who agree to provide representation to 
such UAC without charge.
    12. Authority under the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 Sec.  235(c)(6) to appoint 
independent child advocates for child trafficking victims or other 
vulnerable UAC.
    13. Authority under the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 Sec.  235(d)(1) to specifically 
consent to juvenile court jurisdiction for an unaccompanied alien child 
who is applying for special immigrant status pursuant to 101(a)(27)(J) 
of the Immigration and Nationality Act (8 U.S.C. 1 101(a)(27)(J)) and 
who is in the custody of the Secretary.
    14. Authority under the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 Sec.  235(d)(4)(A) to make 
eligible for placement and services under a URM program pursuant to 
Sec.  412(d) of the Immigration and Nationality Act (8 U.S.C. 1522(d)) 
children granted special immigrant status under section 101(a)(27)(J) 
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)) and 
who were either in the custody of the Secretary or who were receiving 
services pursuant to section 501(a) of the Refugee Education Assistance 
Act of 1980 (8 U.S.C. 1522 note) at the time a dependency order was 
granted.
    15. Authority under the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 Sec.  235(e) to train Federal 
personnel, and upon request, State and local personnel, who have 
substantive contact with UAC.
    I hereby affirmed and ratified any actions taken by the Assistant 
Secretary for Children and Families or any other Administration for 
Children and Families officials, which, in effect, involved the 
exercise of this authority prior to the effective date of this 
delegation.

Limitations

    1. This delegation shall be exercised under the Departments' 
existing delegation of authority and policy on regulations.
    2. This delegation shall be exercised under financial and 
administrative requirements applicable to all Administration for 
Children and Families authorities.

Effective Date

    This delegation of authority is effective on date of signature.

    Dated: March 23, 2009.
Charles E. Johnson,
Acting Secretary, Department of Health and Human Services.
 [FR Doc. E9-6959 Filed 3-30-09; 8:45 am]
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