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[Federal Register Volume 89, Number 247 (Thursday, December 26, 2024)]
[Rules and Regulations]
[Pages 104890-104891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30755]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

45 CFR Part 412

[Docket #2024-27626]
RIN 0970-AD10

Investigations of Child Abuse and Neglect Rule; Correction

AGENCY: Office of Refugee Resettlement (ORR), Administration for 
Children and Families (ACF), U.S. Department of Health and Human 
Services (HHS).

ACTION: Interim final rule; correction.

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SUMMARY: ORR is correcting an interim rule (IFR) that was published in 
the Federal Register on November 27, 2024 with an effective date of 
December 27, 2024. The Investigations of Child Abuse and Neglect IFR 
provides standards and processes for ORR to apply when it conducts 
investigations into allegations of child abuse and neglect that occur 
in certain care provider facilities funded by ORR to provide 
residential and other services for unaccompanied children; describes a 
process for appeal and review of substantiated allegations; and 
establishes an ORR Central Registry to list individuals with certain 
findings of child abuse and neglect that have been substantiated and 
sustained after exhausting the appeal and review process.

DATES: Effective December 27, 2024.

FOR FURTHER INFORMATION CONTACT: Toby Biswas, Director of Policy, 
Unaccompanied Children Bureau, Office of Refugee Resettlement, 
Administration for Children and Families, Department of Health and 
Human Services, Washington, DC, (202) 205-4440 or [email protected].

SUPPLEMENTARY INFORMATION: In the interim final rule published November 
27, 2024, there were two technical errors that are now identified and 
corrected in this document. The provisions in this correction document 
are effective as if they had been included in the document published 
November 27, 2024. Accordingly, the following corrections are effective 
December 27, 2024.
    In FR Doc. 2024-27626, appearing on page 93498 in the Federal 
Register of November 27, 2024, the following corrections are made:

Corrections to the Preamble

    1. On page 93498, in the third column, the text ``Instructions: To 
submit your comments online, go to https://www.regulations.gov and 
insert `XXXX-XXXX-XXXX' in the `Search' box.'' is corrected to read 
``Instructions: To submit your comments online, go to https://www.regulations.gov and insert `ACF-2024-0014' in the `Search' box.''
    2. On page 93498, in the third column, the text ``Docket: To view 
posted comments, as well as documents mentioned in this preamble as 
being available in the docket, go to https://www.regulations.gov and 
insert `XXXX-XXXX-XXXX' in the `Search' box.'' is corrected to read 
``Docket: To view posted comments, as well as documents mentioned in 
this preamble as being available in the docket, go to https://

[[Page 104891]]

www.regulations.gov and insert `ACF-2024-0014' in the `Search' box.''
    3. On page 93512, in the first column, in the first sentence of the 
first full paragraph, ``At Sec.  412.102(c), ORR is establishing a 
process for substantiated perpetrators at Tier I or Tier II to appeal 
of ORR's disposition'' is corrected to read ``At Sec.  412.102(c), ORR 
is establishing a process for substantiated perpetrators at Tier I or 
Tier II to appeal ORR's disposition.''
    4. On page 93512, in the third column, in the first full paragraph, 
``The ALJ will issue a written decision upholding, modifying, or 
reversing the ORR's disposition.'' is corrected to read ``The ALJ will 
issue a written decision upholding, modifying, or reversing ORR's 
disposition.''
    5. On page 93512, in the third column, the text ``Under Sec.  
412.102(e)(1), a substantiated perpetrator at Tier I or Tier II may 
request review of the ALJ's decision within 30 days of receipt of the 
ALJ's decision, by filing a request for review with Office of the 
Assistant Secretary for ACF.'' is corrected to read ``Under Sec.  
412.102(e)(1), a substantiated perpetrator at Tier I or Tier II may 
request review of the ALJ's decision within 30 days of receipt of the 
ALJ's decision, by filing a request for review with the Office of the 
Assistant Secretary for ACF.''
    6. On page 93513, in the first full sentence of the first column, 
the text ``Under Sec.  412.102(e)(2), the Assistant Secretary has 
discretion, within 30 days after receiving a timely request for review 
of an ALJ's decision under Sec.  412.102(e)(1), to review the ALJ's 
decision and to dismiss a request for review based on untimeliness or 
other procedural defects, or to affirm, modify, or reverse the ALJ's 
decision with regard to dismissal or ORR's disposition of the 
allegation.'' is corrected to read ``Under Sec.  412.102(e)(2), the 
Assistant Secretary has discretion, within 30 days after receiving a 
timely request for review of an ALJ's decision under Sec.  
412.102(e)(1), to review the ALJ's decision to dismiss a request for 
review based on untimeliness or other procedural defects, and to 
affirm, modify, or reverse the ALJ's decision with regard to dismissal 
or ORR's disposition of the allegation.''
    7. On page 93517, in the first column, the List of Subjects in 
corrected to read:

``List of Subjects in 45 CFR Part 412

    Administrative practice and procedure, Aliens, Child welfare, 
Reporting and recordkeeping requirements, Unaccompanied children.''

Corrections to the Regulatory Text

PART 412--[Amended]

0
1. On page 93517, in the first column, add the authority citation for 
part 412 following the table of contents for the part to read as 
follows:

    ``Authority: 6 U.S.C. 279.''

0
2. On page 93520, in the second column, in Sec.  412.101, paragraph (c) 
is corrected to read as follows:

Sec.  412.101  [Corrected]

* * * * *
    (c) Disciplinary sanctions. Care provider facilities must implement 
appropriate disciplinary or remedial measures where they or ORR find 
that care provider facility staff, contractors or sub-grantees of the 
care provider facility, or care provider facility volunteers engaged in 
conduct that does not rise to the level of a Tier I substantiated 
allegation, as defined at Sec.  412.001, but nevertheless raises child 
welfare concerns.
* * * * *

0
3. On page 93521, in Sec.  412.102:
0
a. In the first column, paragraph (d)(1) is corrected;
0
b. In the second column, paragraphs (d)(7) and (8) are corrected; and
0
c. In the third column, paragraphs (e)(1) and (6) are corrected.
    The corrections read as follows:

Sec.  412.102  [Corrected]

* * * * *
    (d) * * *
    (1) When a substantiated perpetrator at Tier I or Tier II appeals 
ORR's disposition to an ALJ pursuant to paragraph (c)(1)(i) of this 
section, ORR must transmit to the ALJ all of the evidence upon which 
the disposition was based.
* * * * *
    (7) The ALJ shall conduct a fair and impartial hearing and de novo 
review to determine whether the substantiated perpetrator met their 
burden of establishing that, considering the totality of the evidence, 
there is not a preponderance of the evidence to support the 
substantiated allegation. The ALJ may either dismiss the case for 
untimeliness, withdrawal of the appeal, abandonment of the appeal, or 
because the individual does not have the right to appeal or because of 
other procedural defects, or will issue a written decision to uphold, 
modify, or reverse ORR's disposition.
    (8) The ALJ shall serve a copy of the decision upon the parties and 
the Assistant Secretary for ACF. The ALJ's decision shall provide the 
sustained perpetrator at Tier I or Tier II and their attorney, if any, 
with instructions for requesting review by the Assistant Secretary for 
ACF. The ALJ also shall provide a copy of the decision to the alleged 
victim and the alleged victim's parent(s), legal guardian(s) (as 
appropriate), or sponsor(s). The complete record upon which the 
decision is based shall be made available to the Assistant Secretary
* * * * *
    (e) * * *
    (1) A substantiated perpetrator at Tier I or Tier II may request a 
review of the ALJ's decision within 30 days of receipt of the ALJ's 
decision, by filing a request for review with the Office of the 
Assistant Secretary for ACF.
* * * * *
    (6) The Office of the Assistant Secretary for ACF shall serve a 
copy of the final decision upon the parties involved. The Office of the 
Assistant Secretary for ACF also shall provide a copy of the final 
decision issued by the Assistant Secretary, based on review of the 
ALJ's decision under this paragraph (e), to the alleged victim and the 
alleged victim's parent(s), legal guardian(s) (as appropriate), or 
sponsor(s).
* * * * *

Elizabeth J. Gramling,
Executive Secretary, Department of Health and Human Services.
[FR Doc. 2024-30755 Filed 12-23-24; 8:45 am]
BILLING CODE 4184-45-P
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