[Federal Register Volume 74, Number 80 (Tuesday, April 28, 2009)]
[Notices]
[Pages 19232-19233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9692]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families


Statement of Organization, Functions and Delegation of Authority

    Notice is hereby given that I delegate to the Director of the 
Office of Refugee Resettlement the following authority delegated to the 
Assistant Secretary for Children and Families by the Secretary of the 
Department of Health and Human Services (HHS) under the William 
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, 
Public Law 110-457, section 235.

(a) Authority Delegated

    1. Authority under the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 section 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 section 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 section 235(b)(1) to provide 
care and custody of all UAC, except as otherwise provided under section 
235(a), including responsibility for their detention, where 
appropriate.
    4. Authority under the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 section 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 section 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 section 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 Minor (URM) program, pursuant to section 412(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 section 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 section 235(c)(3)(B) to conduct 
a home study for a child who is a victim of a severe 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 section 235(c)(3)(B) to conduct 
follow-

[[Page 19233]]

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 section 235(c)(4) to cooperate 
with the Executive Office for Immigration Review (EOIR) to ensure that 
custodians of UAC receive legal orientation presentations through the 
Legal Orientation Program administered by EOIR.
    11. Authority under the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 section 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 section 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 section 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 section 235(d)(1) to 
specifically consent to juvenile court jurisdiction for an 
unaccompanied alien child who is applying for special immigrant status 
pursuant to section 101(a)(27)(J) of the Immigration and Nationality 
Act (8 U.S.C. 1101(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 section 235(d)(4)(A) to make 
eligible for placement and services under a URM program pursuant to 
section 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 section 235(e) to train Federal 
personnel, and upon request, State and local personnel, who have 
substantive contact with UAC.

(b) Limitations

    1. This delegation shall be exercised under the Department's 
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.

(c) Effective Date

    This delegation of authority is effective on date of signature.
    In addition, I hereby affirm and ratify any actions taken by the 
Director of the Office of Refugee Resettlement, which, in effect, 
involved the exercise of these authorities prior to the effective date 
of this delegation.

    Dated: April 1, 2009.
Curtis L. Coy,
Acting Assistant Secretary for Children and Families.
[FR Doc. E9-9692 Filed 4-27-09; 8:45 am]
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