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[Federal Register Volume 89, Number 248 (Friday, December 27, 2024)]
[Notices]
[Pages 105610-105613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30851]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

Proposed Information Collection Activity; Unaccompanied Children 
Bureau Incident Reporting (Office of Management and Budget #: 0970-NEW)

AGENCY: Office of Refugee Resettlement, Administration for Children and 
Families, U.S. Department of Health and Human Services.

ACTION: Request for public comments.

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SUMMARY: The Office of Refugee Resettlement (ORR), Administration for 
Children and Families (ACF), U.S. Department of Health and Human 
Services, is inviting public comments on the proposed information 
collection, including proposed changes. The request consists of several 
forms that will allow the Unaccompanied Children Bureau (UCB) to ensure 
that serious issues are elevated to ORR and that all incidents and the 
response to such incidents are documented and resolved in a way that 
protects the interests of children.

DATES: Comments due February 25, 2025. In compliance with the 
requirements of the Paperwork Reduction Act of 1995, ACF is soliciting 
public comment on the specific aspects of the information collection 
described above.

ADDRESSES: You can obtain copies of the proposed collection of 
information and submit comments by emailing [email protected]. 
Identify all requests by the title of the information collection.

SUPPLEMENTARY INFORMATION: 
    Description: ORR UCB is in the process of reorganizing its 
information collections to create more unique information collections 
that will contain fewer forms under each OMB control number. This will 
promote operational efficiency for UCB by decreasing the burden 
associated with renewing large collections and enabling UCB to create 
more purpose-specific information collections. In addition, this will 
facilitate OMB review by ensuring the scope of the collection is 
targeted and narrower than existing collections, resulting in clearer 
requests. As part of that reorganization effort, ORR plans to move the 
following forms into this new information collection:

 Child-Level Event (Form A-9A)
 Emergency Significant Incident Report (eSIR) (Form A-9B)
 Non-Emergency Significant Incident Report (non-eSIR)(Form A-
9C)
 Historical Disclosure (Form A-9D)
 Behavioral Note (Form A-9E)
 Program-Level Event (PLE) Report (Form A-10)

    In addition, ORR plans to revise the forms as follows to better 
align the forms with related reporting requirements and processes found 
in ORR agency guidance (i.e., regulations, policies, and procedures), 
as well as improve the forms' organization, clarity, and functionality:

Child-Level Event (Form A-9A)

     Adjust the dropdown options for the ``Location of Event'' 
field to remove duplication and improve accuracy by:

[cir] Removing ``Group Home'' and ``Foster Home''
[cir] Rewording ``Community (field trip or outside the foster home)'' 
to ``Community''
[cir] Rewording ``U.S. Interior, not DHS or ORR custody'' to ``U.S. 
Interior (before entering DHS or ORR custody)''

     Adjust the dropdown options for ``Specify Location'' for 
accuracy by:

[cir] Rewording options to clarify when they are referring to locations 
inside the care provider facility
[cir] Adding an option for ``Individual Foster Home''
[cir] Adding the following options to select from if ``Community'' is 
selected in the ``Location of Event'' field
    [ssquf] Hospital or other healthcare facility
    [ssquf] School
    [ssquf] Field Trip
    [ssquf] Other

     Add the following fields:

[cir] Level of Care
[cir] Specify Out-of-Network Facility
[cir] Specify Out-of-Network Level of Care

     Reword the Date/Time Event Reported to Care Provider 
fields as follows since provider staff may have directly witnessed the 
event, as opposed to having it reported to them by a third-party:

[cir] Date Care Provider Became Aware of Event
[cir] Time Care Provider Became Aware of Event

Emergency Significant Incident Report (Form A-9B)

     Reword the subcategory ``Molestation (penetration or 
touching unrelated to official job duties of a child's buttocks, 
breasts, or anal, oral, or genital area by a body part or object'' to 
``Molestation (intentional penetration or touching unrelated to 
official job duties of a child's genitalia, anus, groin, breast, inner 
thigh, buttocks, or mouth by a body part or object, including kissing, 
with intent to abuse, arouse, or gratify sexual desire)'' for added 
clarity.
     Remove the option of ``UC and UC consensual'' from the 
``Type of Allegation'' dropdown field to align with the related 
regulation.

Non-Emergency Significant Incident Report (Form A-9C)

     For the ``Staff Code of Conduct & Boundary Violation'' 
category:

[cir] Reworded the subcategory ``Failing to report any knowledge, 
suspicion, or information about sexual abuse, sexual harassment, or 
inappropriate sexual behavior'' to ``Failing to report any knowledge, 
suspicion, or information about sexual abuse, sexual harassment, 
inappropriate sexual behavior, or any other form of abuse/neglect'' to 
clarify that other forms of abuse/neglect are also reportable
[cir] Added the following subcategories to better align with ORR agency 
guidance:
    [ssquf] Failing to report a code of conduct violation
    [ssquf] Engaging in sexual contact with anyone while on duty or 
while acting in the official capacity of their position
    [ssquf] Threatening a child with incident reporting or behavioral 
notes to regulate their behavior or for any other reason
    [ssquf] Threatening a child with legal, immigration, sponsor 
unification, or asylum case consequences to regulate their behavior or 
for any other reason

Historical Disclosure (Form A-9D)

     Reword the ``Abuse Neglect in DHS Custody'' category to 
``Violation of Civil Rights/Liberties in DHS Custody'' and replace the 
current subcategories with the following options to better reflect the 
types of reportable incidents:

[cir] Conditions of detention
[cir] Disability accommodation
[cir] Excessive force or inappropriate use of force
[cir] Fourth Amendment (confiscation of documents/property)
[cir] Intimidation, threat, or improper coercion

[[Page 105611]]

[cir] Legal access/due process rights
[cir] Undocumented separation from parent/legal guardian
[cir] Undocumented separation from minor sibling
[cir] Medical/mental health care
[cir] Privacy Violation
[cir] Religious Accommodation
[cir] Retaliation
[cir] Restraints or isolation
[cir] Sexual abuse, sexual harassment, or inappropriate sexual behavior
[cir] Previous enrollment in the U.S. Department of Homeland Security 
(DHS) Migrant Protection Protocols program

     Add a ``Notifications'' section to document notifications 
made to parties other than ORR.

Behavioral Note (Form A-9E)

     Change the title of the ``Incident Information'' section 
to ``Behavior Information'' and added the following fields:
    [cir] Type of Behavior, with the following options:
    [ssquf] Positive behavior, habit, resilience, personal growth, 
skill-building, or another meritorious action/trait
    [ssquf] Behavior that merits monitoring in the event a behavioral 
pattern emerges that requires intervention or support
    [cir] Is the behavior part of an established behavioral pattern?
    [cir] Is intervention or support required?
     In the Actions Taken section:

[cir] Reword ``Staff Response and Intervention'' to ``Staff Response 
(if applicable)''
[cir] Reword ``Follow-up and/or Resolution'' to ``Potential 
Consequence(s) of Continued Behavior''
[cir] Reword ``Recommendations'' to ``Staff Intervention or Support''

Program-Level Event Report (Form A-10)

     Reword ``Program/Facility'' to ``Specify Program''.
     Add a field for ``Level of Care''.
     Reword ``Synopsis of Event'' to ``Short Synopsis''.
     Remove the category for ``Other''.
     Reword the category ``Death (non-UC)'' to ``Death of an 
Adult or non-UC Child''.
     Reword the category ``Major Disturbance'' to ``Threats to 
Safety'' and replace the current subcategories with:

[cir] Trespassing/Intruder
[cir] Threats to Children or Staff
[cir] Weapon Found
[cir] Vehicle Accident
[cir] Cyber Breech, Attack, or Threat

     Reword the category ``Natural Disaster'' to ``Natural 
Disaster or Weather Event'' and replace the ``Other'' subcategory with 
``Storm''.
     Add the following categories and subcategories:
[cir] Facilities Issues, with subcategories for:
    [ssquf] Environmental
    [ssquf] Mechanical Malfunction
    [ssquf] Imminent Risk to Safety
    [ssquf] Maintenance
    [ssquf] Staffing Shortage
[cir] Video Monitoring Disruption
[cir] Infectious Disease/Health and Safety Incident
[cir] Power Outage/Disruption of Utilities (External)
[cir] Incident Involving Unidentified Child, with subcategories for:
    [ssquf] Code of Conduct Violation
    [ssquf] Safety or Abuse/Neglect Concern
[cir] Code of Conduct Violation Not Involving a Child, with 
subcategories for:
    [ssquf] Failing to disclose staff misconduct witnessed on or off 
duty
    [ssquf] Failing to self-disclose misconduct occurring on or off 
duty
[cir] Unauthorized Photography, Video, or Surveillance
[cir] Media Requests/External Questions
[cir] IT Disruption/internet Outage
[cir] Records Issues, with subcategories for:
    [ssquf] Damaged Records
    [ssquf] Unauthorized Destruction of Records
    [ssquf] Lost Records

     Remove the following fields from the Incident Information 
section:

[cir] Location of Incident (and Specify)
[cir] Was the UAC or Anyone Else Injured? (If Yes, SIR must be created) 
(and Specify)
[cir] Internal Investigation?
[cir] Results/Findings of Investigation

     Reword the following fields from the Incident Information 
section:
[cir] ``Description of Incident'' to ``Describe the event and explain 
the effect on the program's operations.''
[cir] ``Was the UAC or Anyone Else Evacuated?'' to ``Were or are 
children being evacuated?''
[cir] ``Staff Response and Intervention'' to ``Describe actions taken 
to mitigate the impact on children in care''

     Reword the field ``Follow-up and/or Resolution'' to 
``Updates, Follow-up, and/or Resolution'' and move it into a new 
``Addendum'' section.
     Add the following fields from the Incident Information 
section:

[cir] Does the program need immediate guidance or resources?
[cir] Was or is the facility locked down or sheltered in place?
[cir] Has or will the program's ability to provide healthcare services 
be affected?
[cir] Does the program have adequate resources to provide care for 
children for duration of the event?
[cir] Did or will the event affect the program's bed capacity?
[cir] Specify Effect on Bed Capacity, with options for:
    [ssquf] Beds need to come offline
    [ssquf] Unable to receive additional children
    [ssquf] Children need to be transferred to another program

     Add new areas to document reporting to and the outcome of 
investigations conducted by the following parties:

[cir] Child Protective Services
[cir] Office of the Inspector General (OIG)
[cir] Department of Homeland Security (DHS)
[cir] Office on Trafficking in Persons

Revisions Applied to Multiple Forms

     Change ``UC'' to ``child'' or ``children'' where possible 
[all forms].
     Update the field in the ``UC Basic Information'' section 
as follows to align with how information is currently displayed [all 
forms]:

[cir] Remove the following fields:
    [ssquf] LOC
    [ssquf] Age
    [ssquf] Current Location
[cir] Add system-generated ``Portal ID'' field
[cir] Reword fields as follows:
    [ssquf] ``A No.'' to ``A#''
    [ssquf] ``Child's Country of Birth'' to ``Country of Birth''
    [ssquf] ``LOS'' to ``Length of Stay''
[cir] Reorganized the order in which the fields appear

     Add a field for ``Physical Location of the Child'' in the 
``UC Basic Information Section''.
     For the ``How was this child involved?'' and ``Were other 
unaccompanied children involved'' fields [eSIR and non-eSIR]:

[cir] Use terms better aligned with child welfare best practices for 
incidents involving children by rewording ``Victim'' to ``Impacted'' 
and ``Perpetrator'' to ``Exhibiting.''
[cir] Allow users to select multiple options since a child may play 
multiple roles in an incident. This includes situations where the child 
is both exhibiting problematic behaviors and impacted due to past 
trauma or victimization.

     In the ``Actions Taken'' section [eSIR, non-eSIR, and 
Historical Disclosure]:

[cir] Add the following fields to better track compliance with 
requirements in ORR agency guidance:

[[Page 105612]]

    [ssquf] Was or will the child be referred to the local legal 
service provider for a follow-up legal consultation?
    [ssquf] Was or will the child be referred for appointment of a 
child advocate?
[cir] Add the following fields to better track what healthcare services 
may be required because of the incident [eSIR, non-eSIR, and Historical 
Disclosure]:
    [ssquf] Was the child hospitalized and/or receive serious medical 
services? [eSIR only]
    [ssquf] Was or will the child be referred for healthcare services?
    [ssquf] Specify Type(s) of Healthcare Services (with options for 
Medical, Mental Health/Behavioral, and Dental)
    [ssquf] Describe the healthcare services that were or will be 
provided
[cir] Replace the ``Follow-up Regarding Individuals Involved'' field, 
which is duplicative of other fields in the section, with ``Actions 
Taken for Witnesses'' [eSIR and non-eSIR]

     Add a new ``Immediate Phone Call Notifications'' section 
to better track compliance with policy requirements [eSIR and PLE 
Report].
     In the Reporting section:
[cir] Replace the yes/no radio button options for fields that ask if 
the incident was investigated with a dropdown field that includes the 
following options: ``Yes,'' ``No,'' ``To Be Determined,'' ``Unknown'' 
[eSIR, non-eSIR, Historical Disclosure, and PLE Report]
[cir] Add a ``Disposition of Investigation'' field for reports made to 
state licensing, child protective services, and local law enforcement 
to better track outcomes when the incident is investigated by those 
parties [eSIR, non-eSIR, Historical Disclosure, and PLE Report]
[cir] Add a new area to document reports to and the outcome of 
investigations conducted by the ORR Division of Child Protection 
Investigations (DCPI) [eSIR, non-eSIR, Historical Disclosure, and PLE 
Report]
[cir] Add a new area to document when an Incident Review form 
(currently approved under OMB# 0970-0564) must be completed and a place 
to upload the completed form [eSIR and non-eSIR]

     Update the auto-populated information in the ``ORR 
Notifications'' table to align with policy and replace the ``Email'' 
and ``Phone'' columns with columns for ``Method of Notification'' and 
``Specify'' (for when ``Other'' is selected) [eSIR and PLE Report].
     Remove the ``ORR Notifications'' table since notifications 
are made by ORR's SIR Triage Team, not the care provider [non-eSIR and 
Historical Disclosure].
     Update the auto-populated information in the ``Other 
Notifications'' table to align with policy and add options for 
``Messaging app'' and ``Mail'' for the ``Method of Notification'' field 
[eSIR and non-eSIR].

Revisions to Burden Estimates

     Child-Level Event (Form A-9A): Revise the burden estimate 
to account for an increase in the number of care provider facilities 
and to align with the actual number of forms submitted per year. The 
annual number of respondents increased from 216 to 300 and the annual 
number of responses per response increased from 160 to 262.
     Emergency Significant Incident Report (eSIR) (Form A-9B): 
Revise the burden estimate to account for an increase in the number of 
care provider facilities and to align with the actual number of forms 
submitted per year. The annual number of respondents increased from 216 
to 300 and the annual number of responses per response decreased from 
26 to 10.
     Non-Emergency Significant Incident Report (non-eSIR)(Form 
A-9C): Revise the burden estimate to account for an increase in the 
number of care provider facilities and to align with the actual number 
of forms submitted per year. The annual number of respondents increased 
from 216 to 300 and the annual number of responses per response 
decreased from 261 to 62.
     Historical Disclosure (Form A-9D): Revise the burden 
estimate to account for an increase in the number of care provider 
facilities and to align with the actual number of forms submitted per 
year. The annual number of respondents increased from 216 to 300 and 
the annual number of responses per response decreased from 163 to 139.
     Behavioral Note (Form A-9E): Revise the burden estimate to 
account for an increase in the number of care provider facilities and 
to align with the actual number of forms submitted per year. The annual 
number of respondents increased from 216 to 300 and the annual number 
of responses per response decreased from 137 to 90.
     Program-Level Event (PLE) Report (Form A-10): Revise the 
burden estimate to account for an increase in the number of care 
provider facilities and to align with the actual number of forms 
submitted per year. The annual number of respondents increased from 216 
to 300 and the annual number of responses per response decreased from 7 
to 6.
    Respondents: Care provider programs.

Annual Burden Estimates

                                       Estimated Total Annual Burden Hours
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                                                                                                        Annual
                                                      Annual number     Number of    Average burden     total
                        Form                         of respondents   responses per     hours per       burden
                                                                       respondent       response        hours
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Child-Level Event (Form A-9A)......................             300           262.0            0.17       13,362
Emergency Significant Incident Report (Form A-9B)..             300            10.0            1.50        4,500
Non-Emergency Significant Incident Report (Form A-              300            62.0            1.50       27,900
 9C)...............................................
Historical Disclosure (Form A-9D)..................             300           139.0            1.50       62,550
Behavioral Note (Form A-9E)........................             300            90.0            0.50       13,500
Program Level Event (Form A-10D)...................             300             6.0            1.00        1,800
                                                    ------------------------------------------------------------
    Estimated Annual Burden Hours Total............  ..............  ..............  ..............      123,612
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    Comments: 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

[[Page 105613]]

or other forms of information technology. Consideration will be given 
to comments and suggestions submitted within 60 days of this 
publication.
    Authority: 6 U.S.C. 279; 8 U.S.C. 1232; 45 CFR 410; 45 CFR 411.

Mary C. Jones,
ACF/OPRE Certifying Officer.
[FR Doc. 2024-30851 Filed 12-26-24; 8:45 am]
BILLING CODE 4184-45-P
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