Investigations of Child Abuse and Neglect Rule

<RULE> DEPARTMENT OF HEALTH AND HUMAN SERVICES <SUBAGY>Administration for Children and Families</SUBAGY> <CFR>45 CFR Part 412</CFR> <RIN>RIN 0970-AD10</RIN> <SUBJECT>Investigations of Child Abuse and Neglect Rule</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Office of Refugee Resettlement (ORR), Administration for Children and Families (ACF), U.S. Department of Health and Human Services (HHS). <HD SOURCE="HED">ACTION:</HD> Interim final rule with comment period (IFR). <SUM> <HD SOURCE="HED">SUMMARY:</HD> This IFR describes how ORR shall investigate and substantiate allegations of child abuse and neglect occurring in certain ORR care provider facilities, and maintain a registry of perpetrators relating to certain sustained allegations. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> This IFR is effective December 27, 2024. Comments on this IFR must be received on or before January 27, 2025. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> You may send comments, identified by [docket number and/or Regulatory Information Number (RIN)], by any of the following methods: • <E T="03">Federal eRulemaking Portal: http://www.regulations.gov.</E> Follow the instructions for submitting comments. • <E T="03">Email: UCPolicy-RegulatoryAffairs@acf.hhs.gov.</E> Include [docket number and/or RIN] in the subject line of the message. <E T="03">Instructions:</E> All submissions received must include the agency name and docket number or RIN for this rulemaking. For detailed instructions on submitting comments and additional information on the rulemaking process, see the “Public Participation” heading of the <E T="02">SUPPLEMENTARY INFORMATION</E> section of this document. <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Toby Biswas, Director of Policy, Division of Unaccompanied Children 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 <E T="03">UCPolicy-RegulatoryAffairs@acf.hhs.gov.</E> </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Table of Contents</HD> <EXTRACT> <FP SOURCE="FP-2">I. Public Participation</FP> <FP SOURCE="FP1-2">A. Submitting Comments</FP> <FP SOURCE="FP1-2">B. Viewing Comments and Documents</FP> <FP SOURCE="FP1-2">C. Privacy Act</FP> <FP SOURCE="FP-2">II. Table of Abbreviations</FP> <FP SOURCE="FP-2">III. Executive Summary</FP> <FP SOURCE="FP-2">IV. Background and Purpose</FP> <FP SOURCE="FP1-2">A. Background and History</FP> <FP SOURCE="FP1-2">B. Authority</FP> <FP SOURCE="FP1-2">C. Basis and Scope of Regulatory Action</FP> <FP SOURCE="FP1-2">D. Severability</FP> <FP SOURCE="FP-2">V. Discussion of Elements of the Interim Final Rule</FP> <FP SOURCE="FP-2">VI. Good Cause for Issuing This IFR</FP> <FP SOURCE="FP-2">VII. Collection of Information Requirements</FP> <FP SOURCE="FP-2">VIII. Regulatory Impact Analysis</FP> <FP SOURCE="FP1-2">A. Economic Analysis</FP> <FP SOURCE="FP1-2">B. Regulatory Flexibility Analysis</FP> <FP SOURCE="FP1-2">C. Unfunded Mandates Reform Act</FP> <FP SOURCE="FP1-2">D. Executive Order 13132: Federalism</FP> <FP SOURCE="FP1-2">E. Executive Order 12988: Civil Justice Reform</FP> <FP SOURCE="FP-2">IX. Assessment of Federal Regulation and Policies on Families</FP> </EXTRACT> <HD SOURCE="HD1">I. Public Participation</HD> ORR encourages all interested parties to participate in this rulemaking by submitting written comments, views, and data on any or all aspects of this interim final rule. ORR also invites comments that relate to the economic, environmental, or federalism effects that might result from this interim final rule. ORR will review all comments received, but ORR will only post comments that address the topic of the interim final rule. All comments ORR posts to <E T="03">https://www.regulations.gov</E> will include any personal or commercial information you provide. <HD SOURCE="HD2">A. Submitting Comments</HD> Comments that will provide the most assistance to ORR will reference a specific portion of the interim final rule, explain the reason for any recommended change, and include data, information, or authority that support such recommended change. If you submit comments, please indicate the specific section of this document to which each comment applies and provide a reason for each suggestion or recommendation. You may submit your comments and materials online or by email, but please use only one of these means. If you submit a comment online via <E T="03">https://www.regulations.gov,</E> it will be considered received when it is received at the Docket Management Facility. <E T="03">Instructions:</E> To submit your comments online, go to <E T="03">https://www.regulations.gov</E> and insert “XXXX-XXXX-XXXX” in the “Search” box. Click on the “Comment Now!” box and input your comment in the text box provided. Click the “Continue” box, and if you are satisfied with your comment, follow the prompts to submit it. For additional information, please read the “Privacy and Security Notice” that is available via the link in the footer of <E T="03">https://www.regulations.gov.</E> ORR will consider all comments and materials received during the comment period and may change this rule based on your comments. <HD SOURCE="HD2">B. Viewing Comments and Documents</HD> <E T="03">Docket:</E> To view posted comments, as well as documents mentioned in this preamble as being available in the docket, go to <E T="03">https://www.regulations.gov</E> and insert “XXXX-XXXX-XXXX” in the “Search” box. Click on the “Open Docket Folder,” and you can click on “View Comment” or “View All” under the “Comments” section of the page. Individuals without internet access can make alternate arrangements for viewing comments and documents related to this rulemaking by contacting ORR through the <E T="02">FOR FURTHER INFORMATION CONTACT</E> section above. You may sign up for email alerts on the online docket to be notified when comments are posted, or a final rule is published. <HD SOURCE="HD2">C. Privacy Act</HD> As stated in the Submitting Comments section above, please be aware that anyone can search the electronic form of comments received into any dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). <HD SOURCE="HD1">II. Table of Abbreviations</HD> <EXTRACT> <FP SOURCE="FP-2">ACF—Administration for Children and Families</FP> <FP SOURCE="FP-2">ALJ—Administrative Law Judge</FP> <FP SOURCE="FP-2">CAPTA—Child Abuse Prevention and Treatment Act</FP> <FP SOURCE="FP-2">CWT—ORR's Child Welfare Team</FP> <FP SOURCE="FP-2">DAB—HHS Departmental Appeals Board</FP> <FP SOURCE="FP-2">DOJ—U.S. Department of Justice</FP> <FP SOURCE="FP-2">EIF—Emergency or Influx Facility</FP> <FP SOURCE="FP-2">FBI—Federal Bureau of Investigation</FP> <FP SOURCE="FP-2">FSA—Flores Settlement Agreement</FP> <FP SOURCE="FP-2"> HHS—U.S. Department of Health and Human Services </FP> <FP SOURCE="FP-2">HSA—Homeland Security Act of 2002</FP> <FP SOURCE="FP-2">OIG—Office of the Inspector General</FP> <FP SOURCE="FP-2">OMB—Office of Management and Budget</FP> <FP SOURCE="FP-2">ORR—Office of Refugee Resettlement, U.S. Department of Health and Human Services</FP> <FP SOURCE="FP-2">PCAN Team—ORR's Prevention of Child Abuse and Neglect Team</FP> <FP SOURCE="FP-2">PSA IFR—Standards To Prevent, Detect, and Respond to Sexual Abuse and Sexual Harassment Involving Unaccompanied Children, Interim Final Rule</FP> <FP SOURCE="FP-2">TVPRA—William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008</FP> <FP SOURCE="FP-2">UC Bureau—Unaccompanied Children Bureau</FP> <FP SOURCE="FP-2">VCAA—Victims of Child Abuse Act</FP> </EXTRACT> <HD SOURCE="HD1">III. Executive Summary</HD> This interim final rule provides standards and processes for the Department of Health and Human Services (HHS), Administration for Children and Families (ACF), Office of Refugee Resettlement (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;  <SU>1</SU> <FTREF/> 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. This rule describes how and in what circumstances ORR may conduct investigations, and impose certain consequences with respect to sustained allegations of child abuse and neglect by care provider facility staff, contractors or sub-grantees of the care provider facility, care provider facility volunteers, and other individuals with access to unaccompanied children in ORR care through contracts or grants with ORR. Specifically, the investigations and required consequences described in this rule shall apply in two circumstances: (1) where the State or local authority that would otherwise be responsible for such investigations will not investigate allegations arising at ORR care provider facilities that care for or propose to care for unaccompanied children; and (2) at ORR emergency or influx facilities (EIFs). <FTNT> <SU>1</SU>  An unaccompanied child is defined as a child who has no lawful immigration status in the United States; has not attained 18 years of age; and with respect to whom there is no parent or legal guardian in the United States, or no parent or legal guardian in the United States available to provide care and physical custody. <E T="03">See</E> 6 U.S.C. 279(g)(2). </FTNT> Child abuse and neglect can ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 191k characters. 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