Proposed Information Collection Activity: Risk Determination Hearings for Unaccompanied Children (New Collection), 11283-11284 [2024-03018]

Download as PDF 11283 Federal Register / Vol. 89, No. 31 / Wednesday, February 14, 2024 / Notices implementation rules available at 41 CFR part 105–64.4. NOTIFICATION PROCEDURES: If an individual wishes to be notified at his or her request if the system contains a record pertaining to him or her after it has been submitted, that individual should consult the GSA’s Privacy Act implementation rules available at 41 CFR part 105–64.4. EXEMPTIONS PROMULGATED FOR THE SYSTEM: None. HISTORY: This system was previously published in the Federal Register at 73 FR 22388, April 24, 2008. Richard Speidel, Chief Privacy Officer, Office of the Deputy Chief Information Officer, General Services Administration. [FR Doc. 2024–03007 Filed 2–13–24; 8:45 am] BILLING CODE 6820–AB–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Proposed Information Collection Activity: Risk Determination Hearings for Unaccompanied Children (New Collection) Office of Refugee Resettlement, Administration for Children and Families, U.S. Department of Health and Human Services. ACTION: Request for public comments. AGENCY: The Office of Refugee Resettlement (ORR), Administration for Children and Families (ACF), U.S. Department of Health and Human Services (HHS), is inviting public comments on the proposed collection. The request consists of several forms that will allow the Unaccompanied Children (UC) Program to implement a new set of hearings (‘‘Risk Determination Hearings’’), which will serve as due process protections for children in ORR care. DATES: Comments due within 60 days of publication. In compliance with the requirements of the Paperwork ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: Reduction Act of 1995, ACF is soliciting public comment on the specific aspects of the information collection described in this notice. ADDRESSES: You can obtain copies of the proposed collection of information and submit comments by emailing infocollection@acf.hhs.gov. Identify all requests by the title of the information collection. SUPPLEMENTARY INFORMATION: Description: ORR plans to create a new information collection containing five instruments in order to implement risk determination hearings for unaccompanied children. This new information collection will replace the Flores bond hearing process. The new instruments will not take effect until the underlying regulations at 45 CFR part 410 on which they are based take effect. The UC Program issued a notice of proposed rulemaking in October 2023, which aims to adopt and replace regulations relating to key aspects of the placement, care, and services provided to unaccompanied children referred to ORR. The UC Program is currently adjudicating public comments received and preparing to publish the Final Rule in the second quarter of calendar year 2024; the Final Rule will take effect 30 days after publishing. Risk Determination Hearing Forms These forms are provided to unaccompanied children placed in ORR custody by their case manager or by individuals associated with the HHS Departmental Appeals Board (DAB), which is responsible for the actual dayto-day logistical operations of these hearings. These instruments are provided to all unaccompanied children placed in a restrictive setting (i.e., secure facilities [including residential treatment facilities] and heightened supervision facilities), and to unaccompanied children placed in other types of facilities upon request. They will be translated into Spanish and other languages, as necessary. • Request for Risk Determination Hearing (Form RDH–1): The unaccompanied child, the child’s parent/legal guardian, or the child’s representative may use this instrument to request a Risk Determination hearing. Children in heightened security placements who initially waive a hearing may use this form to later request a hearing; the form may also be used by children in non-restrictive settings to request a hearing. • Risk Determination Hearing OptOut (Form RDH–2): The unaccompanied child or the child’s representative may use this instrument to opt out of a Risk Determination hearing. • Appointment of Representation for Risk Determination hearing (Form RDH– 3): The unaccompanied child or the child’s parent/legal guardian may use this instrument to appoint a representative to act on the child’s behalf throughout the Risk Determination hearing process and consent to the release of any records that are related to the child’s case to that representative. • Risk Determination Hearing Transcript Request (Form RDH–4): The unaccompanied child, the child’s parent/legal guardian, or the child’s representative may use this instrument to request a written transcript of the Risk Determination hearing. • Request for Appeal of Risk Determination Hearing (Form RDH–5): The unaccompanied child, the child’s parent/legal guardian, or the child’s representative may use this instrument to appeal the decision of the hearing officer. Once the new risk determination hearing forms are in effect, the UC Program will prepare a non-substantive change request to the Office of Management and Budget (OMB) to discontinue the use of three instruments currently approved under the Legal Services for Unaccompanied Children information collection (OMB# 0970– 0565). The forms to be replaced by the Risk Determination Hearing forms described above include the following: • Request for a Flores Bond Hearing (Form LRG–7) • Motion Requesting a Bond Hearing— Secure or Staff Secure (Form LRG–8A) • Motion Requesting a Bond Hearing— Non-Secure (Form LRG–8B) Respondents: ORR grantee and contractor staff, unaccompanied children, parents/legal guardians of unaccompanied children, attorneys of record, and legal service providers. ANNUAL BURDEN ESTIMATES Annual total number of respondents Instrument Request for Risk Determination Hearing (Form RDH–1) ................................ Risk Determination Hearing Opt-Out (Form RDH–2) ...................................... VerDate Sep<11>2014 17:50 Feb 13, 2024 Jkt 262001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 Annual total number of responses per respondent 435 435 E:\FR\FM\14FEN1.SGM 1 1 14FEN1 Average burden hours per response 0.17 0.17 Annual total burden hours 72.5 72.5 11284 Federal Register / Vol. 89, No. 31 / Wednesday, February 14, 2024 / Notices ANNUAL BURDEN ESTIMATES—Continued Annual total number of respondents Instrument Appointment of Representative for Risk Determination Hearing (Form RDH– 3) .................................................................................................................. Risk Determination Hearing Transcript Request (Form RDH–4) .................... Request for Appeal of Risk Determination Hearing (Form RDH–5) ............... Estimated Total Annual Burden Hours: 438.5 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 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 Mary C. Jones, ACF/OPRE Certifying Officer. [FR Doc. 2024–03018 Filed 2–9–24; 4:15 pm] BILLING CODE 4184–45–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Community Living Availability of Program Application Instructions for Adult Protective Services Funding ddrumheller on DSK120RN23PROD with NOTICES1 Title: Elder Justice Act—Adult Protective Services. Announcement Type: Initial. Statutory Authority: 42 U.S.C 1397m– 1. Catalog of Federal Domestic Assistance (CFDA) Number: 93.698. DATES: Letters of Assurance and the Initial Spend Plan must be submitted electronically by 11:59 p.m. (EST) March 15, 2024. I. Funding Opportunity Description The Administration for Community Living (ACL) is establishing the ‘‘Elder Justice Act—Adult Protective Services’’ funding opportunity in accordance with section 2042(b) of subtitle B of title XX of the Social Security Act, otherwise known as the Elder Justice Act (EJA) as VerDate Sep<11>2014 17:50 Feb 13, 2024 Jkt 262001 1740 16 3 authorized and funded through the Further Additional Continuing Appropriations and Other Extensions Act, 2024, Public Law 118–35. In accordance with these statutes, the purpose of this opportunity is to enhance and improve adult protective services provided by States, the District of Columbia, and the Territories. Funds awarded to States and Territories under this opportunity will provide Adult Protective Services (APS) programs in the States, District of Columbia, and Territories with resources to enhance, improve, and expand the ability of APS to investigate allegations of abuse, neglect, and exploitation. Examples of activities consistent with the purposes of the statute include: • Costs and salaries for hiring permanent or temporary staff members, extended hours/over-time for current staff, and associated personnel costs; • Costs associated with providing goods and services to APS clients; • Costs associated with community outreach, including public awareness campaigns and other resources designed to increase the public’s awareness and understanding of APS’ role in the community; • Training costs, including state-wide training conferences for APS staff; • Acquiring personal protection equipment and supplies; • Improving and enhancing technology systems, including supporting remote work, such as the purchase of communications and technology hardware, software, or infrastructure in order to provide adult protective services; • Improving data collection and reporting at the case worker, local-, and State-levels in a manner that is consistent with the National Adult Maltreatment Reporting System (NAMRS); • Improving or enhancing existing APS processes for receiving reports, conducting intakes and investigations, planning/providing for services, making case determinations, documenting and closing cases, and continuous quality improvement; PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 Annual total number of responses per respondent 1 1 1 Average burden hours per response 0.17 0.17 0.17 Annual total burden hours 290 3 .5 • Working with tribal adult protective services efforts, such as conducting demonstrations on State-Tribal APS partnerships to better serve tribal elders who experience abuse, neglect, and exploitation, partnering with Tribes within the State to include tribal elder abuse data in the State’s NAMRS reporting, and undertaking demonstrations to better understand elder abuse experienced by tribal individuals living in non-tribal communities and served by State APS programs; • Establishing or enhancing the availability for elder shelters and other emergency, short-term housing and accompanying ‘‘wrap-around’’ services for APS clients; • Establishing, expanding, or enhancing state-wide and local-level elder justice networks for the purpose of removing bureaucratic obstacles and improving coordination across the many State and local agencies interacting with APS clients who have experienced abuse, neglect, or exploitation; • Costs associated with establishing new, or improving existing processes for responding to alleged scams and frauds; • Costs associated with assisting APS clients secure the least restrictive option for emergency or alternative housing, and with obtaining, providing, or coordinating with care transitions as appropriate; • Costs associated with transporting APS clients to necessary appointments, such as medical visits; and • Costs associated with establishing grants or contracts to address gaps in the APS program identified in the environmental scan previously completed. Awards authorized under the EJA section 2042(b) shall be provided to the agency or unit of State government having the legal responsibility for providing adult protective services within the State, District of Columbia, or Territory. Funding under this opportunity may be used to serve any APS client who meets their State’s statutory or regulatory criteria for client eligibility for APS services. This funding must supplement and not supplant existing funding for APS E:\FR\FM\14FEN1.SGM 14FEN1

Agencies

[Federal Register Volume 89, Number 31 (Wednesday, February 14, 2024)]
[Notices]
[Pages 11283-11284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03018]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families


Proposed Information Collection Activity: Risk Determination 
Hearings for Unaccompanied Children (New Collection)

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

ACTION: Request for public comments.

-----------------------------------------------------------------------

SUMMARY: The Office of Refugee Resettlement (ORR), Administration for 
Children and Families (ACF), U.S. Department of Health and Human 
Services (HHS), is inviting public comments on the proposed collection. 
The request consists of several forms that will allow the Unaccompanied 
Children (UC) Program to implement a new set of hearings (``Risk 
Determination Hearings''), which will serve as due process protections 
for children in ORR care.

DATES: Comments due within 60 days of publication. 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 in this notice.

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 plans to create a new information collection 
containing five instruments in order to implement risk determination 
hearings for unaccompanied children. This new information collection 
will replace the Flores bond hearing process. The new instruments will 
not take effect until the underlying regulations at 45 CFR part 410 on 
which they are based take effect. The UC Program issued a notice of 
proposed rulemaking in October 2023, which aims to adopt and replace 
regulations relating to key aspects of the placement, care, and 
services provided to unaccompanied children referred to ORR. The UC 
Program is currently adjudicating public comments received and 
preparing to publish the Final Rule in the second quarter of calendar 
year 2024; the Final Rule will take effect 30 days after publishing.

Risk Determination Hearing Forms

    These forms are provided to unaccompanied children placed in ORR 
custody by their case manager or by individuals associated with the HHS 
Departmental Appeals Board (DAB), which is responsible for the actual 
day-to-day logistical operations of these hearings. These instruments 
are provided to all unaccompanied children placed in a restrictive 
setting (i.e., secure facilities [including residential treatment 
facilities] and heightened supervision facilities), and to 
unaccompanied children placed in other types of facilities upon 
request. They will be translated into Spanish and other languages, as 
necessary.
     Request for Risk Determination Hearing (Form RDH-1): The 
unaccompanied child, the child's parent/legal guardian, or the child's 
representative may use this instrument to request a Risk Determination 
hearing. Children in heightened security placements who initially waive 
a hearing may use this form to later request a hearing; the form may 
also be used by children in non-restrictive settings to request a 
hearing.
     Risk Determination Hearing Opt-Out (Form RDH-2): The 
unaccompanied child or the child's representative may use this 
instrument to opt out of a Risk Determination hearing.
     Appointment of Representation for Risk Determination 
hearing (Form RDH-3): The unaccompanied child or the child's parent/
legal guardian may use this instrument to appoint a representative to 
act on the child's behalf throughout the Risk Determination hearing 
process and consent to the release of any records that are related to 
the child's case to that representative.
     Risk Determination Hearing Transcript Request (Form RDH-
4): The unaccompanied child, the child's parent/legal guardian, or the 
child's representative may use this instrument to request a written 
transcript of the Risk Determination hearing.
     Request for Appeal of Risk Determination Hearing (Form 
RDH-5): The unaccompanied child, the child's parent/legal guardian, or 
the child's representative may use this instrument to appeal the 
decision of the hearing officer.
    Once the new risk determination hearing forms are in effect, the UC 
Program will prepare a non-substantive change request to the Office of 
Management and Budget (OMB) to discontinue the use of three instruments 
currently approved under the Legal Services for Unaccompanied Children 
information collection (OMB# 0970-0565). The forms to be replaced by 
the Risk Determination Hearing forms described above include the 
following:

 Request for a Flores Bond Hearing (Form LRG-7)
 Motion Requesting a Bond Hearing--Secure or Staff Secure (Form 
LRG-8A)
 Motion Requesting a Bond Hearing--Non-Secure (Form LRG-8B)

    Respondents: ORR grantee and contractor staff, unaccompanied 
children, parents/legal guardians of unaccompanied children, attorneys 
of record, and legal service providers.

                                             Annual Burden Estimates
----------------------------------------------------------------------------------------------------------------
                                                                   Annual total
                                                   Annual total      number of        Average      Annual total
                   Instrument                        number of     responses per   burden hours    burden hours
                                                    respondents     respondent     per response
----------------------------------------------------------------------------------------------------------------
Request for Risk Determination Hearing (Form RDH-            435               1            0.17            72.5
 1).............................................
Risk Determination Hearing Opt-Out (Form RDH-2).             435               1            0.17            72.5

[[Page 11284]]

 
Appointment of Representative for Risk                      1740               1            0.17             290
 Determination Hearing (Form RDH-3).............
Risk Determination Hearing Transcript Request                 16               1            0.17               3
 (Form RDH-4)...................................
Request for Appeal of Risk Determination Hearing               3               1            0.17              .5
 (Form RDH-5)...................................
----------------------------------------------------------------------------------------------------------------

    Estimated Total Annual Burden Hours: 438.5
    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 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

Mary C. Jones,
ACF/OPRE Certifying Officer.
[FR Doc. 2024-03018 Filed 2-9-24; 4:15 pm]
BILLING CODE 4184-45-P


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