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HHS/ACF RIN: 0970-AD22 Publication ID: 2026 
Title: Office of Refugee Resettlement UC Bureau Foundational Rule Update 
Abstract:

This Foundational Rule Update Notice of Proposed Rulemaking amends the Foundational Rule, 45 CFR 410, to incorporate the Flores Settlement Agreement’s terms related to (1) the consideration of isolated and petty offenses for stepping up children to heightened supervision facilities, (2) step-downs from secure placements, and (3) standards and oversight for out-of-network placements. These updates are required to fulfill requirements mandated by the U.S. District Court in ongoing Flores-related litigation. 

 
Agency: Department of Health and Human Services(HHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 14192 Designation: Fully or Partially Exempt 
CFR Citation: 45 CFR Part 410     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: sec. 462 of the Homeland Security Act (6 U.S.C. 279)    Trafficking Victims Protection Act of 2008 (8 U.S.C. sec. 1232)   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  10/00/2026 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Toby Biswas
Assistant Deputy Director Policy, Unaccompanied Alien Children Bureau Office of Refugee Resettlement
Department of Health and Human Services
Administration for Children and Families
330 C Street SW,
Washington, DC 20201
Phone:202 205-4440
Email: uacpolicy-regulatoryaffairs@acf.hhs.gov