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OMB Control No: 0970-0554	ICR Reference No: 202210-0970-008
Status: Historical Active	Previous ICR Reference No: 202209-0970-018
Agency/Subagency: HHS/ACF	Agency Tracking No: ORR
Title: Placement and Transfer of Unaccompanied Children into ORR Care Provider Facilities
Type of Information Collection: Revision of a currently approved collection	Common Form ICR: No
Type of Review Request: Emergency	Approval Requested By: 10/27/2022
OIRA Conclusion Action: Approved without change	Conclusion Date: 10/27/2022
Retrieve Notice of Action (NOA)	Date Received in OIRA: 10/27/2022
Terms of Clearance: OMB is approving this Emergency ICR with the understanding that within 6 months from the approval date, ACF will complete a 60d and 30d public comment request to support the approval of the ICR ahead of the expiration date.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2023	6 Months From Approved	09/30/2025
Responses	9,659,030	0	9,658,830
Time Burden (Hours)	4,801,053	0	4,800,887
Cost Burden (Dollars)	0	0	0

Abstract: ORR’s UC Program provides care and custody for UC until they can be safely released to a sponsor, repatriated to their home country, or obtain legal status. ORR funds residential care provider facilities that provide temporary housing and other services to UC in ORR custody. Care provider facilities are State licensed, with the exception of temporary influx care facilities, and must meet ORR requirements to ensure a high-level quality of care. Services provided at care provider facilities include, but are not limited to, education, recreation, vocational training, acculturation, nutrition, medical, mental health, legal, and case management. The instruments in this information collection allow ORR to place UC referred to ORR by Federal agencies into care provider facilities and to transfer UC within the ORR care provider network.

Emergency Justfication: The Administration for Children and Families (ACF) requests emergency review and approval of this information collection by OMB, as authorized under 44 U.S.C. 3507(subsection j). The proposed revisions to this information collection are necessary to allow the Office of Refugee Resettlement (ORR) Unaccompanied Children (UC) Program to comply with a court order that takes effect on October 29, 2022. The information collected is essential to the mission of the agency and an unanticipated event has occurred that could reasonably cause a court-ordered deadline to be missed if normal Paperwork Reduction Act (PRA) clearance procedures are followed. On June 29, 2018, Plaintiffs filed their federal class action lawsuit in the Central District of California, western division, captioned Lucas R. et al v. Azar et al (Case No. CV 18-5741-DMG (PLAx)), asserting claims under the Flores consent decree, the Trafficking Victims Protection Reauthorization Act, the Due Process clause, and the First Amendment. Plaintiffs allege violation of UC rights in decisions regarding family reunification, placement in restrictive facilities, administration of psychotropic medication, and access to legal assistance. On August 30, 2022, the Court issued a Preliminary Injunction in response to the Cross-Motions for Summary Judgement on the family reunification, restrictive placement, and legal services claims. As part of that injunction, the court obligates ORR to expand specific policy and procedural protections to category 2 sponsors, children who wish to challenge placement in restrictive settings, and children seeking access to legal counsel by the time the Final Order takes effect. Those policy and procedural protections include specific changes regarding notification of rights and documentation of restrictive placement, both of which require a new instrument and revision to an existing instrument in this information collection. The Final Order takes effect on October 29, 2022.

Authorizing Statute(s): US Code: 6 USC 279 Name of Law: Homeland Security Act (HSA)
US Code: 8 USC 1232 Name of Law: Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA)

Citations for New Statutory Requirements: None

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 64487	10/25/2022
Did the Agency receive public comments on this ICR? No

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Agency Discretion
Annual Number of Responses	9,659,030	9,658,830	200
Annual Time Burden (Hours)	4,801,053	4,800,887	166
Annual Cost Burden (Dollars)	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: ORR added a new instrument titled Notice of Administrative Review (Form P-18/18s/18d/18p) that serves as written notice of receipt of a Placement Review Panel request and provides the UC with information on next steps to take when requesting a review and reconsideration of the UC's placement in a restrictive setting. The notice also requests that the UC and/or their representative provide a written statement and decision on whether they are requesting a hearing. This additional form has been added to the burden estimates in section A12. Specifically, ORR estimates the average time to complete this form to be five minutes. ORR also made revisions to the Notice of Placement in a Restrictive Setting (Form P-4/4s/4d/4p). Many of the new fields in this form are also contained in the 30-Day Restrictive Placement Case Review (Form S-16), which is approved under OMB# 0970-0553. The revisions effectively merge Forms P-4 and S-16 into one form. ORR plans to submit a nonsubstantive change request to discontinue Form S-16 soon. The changes to all versions of form P-4 are not expected to change the estimated average time per response. ORR still anticipates respondents to have an average complete time of 20 minutes. If initial fielding of the form indicates the average time to complete has increased, ORR will make this update in the upcoming extension request. Details about the changes are included in section A15 of supporting statement A.

Annual Cost to Federal Government: $12,098,199

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination. Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination. No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

Agency Contact: Molly Buck 202 205-4724 mary.buck@acf.hhs.gov

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