Attachment 1 PWS - Secure Care (DRAFT - 20250318).pdf

PERFORMANCE WORK STATEMENT

for

Secure Care Placement of Unaccompanied Alien Children

Department of Health and Human Services

Office of Refugee Resettlement

Unaccompanied Alien Children Bureau

03/18/2025

PERFORMANCE WORK STATEMENT

1. GENERAL

1.1 Introduction

1.1.1 The Government is seeking secure care placements for Unaccompanied Alien Children (UAC) in the Office of Refugee Resettlement (ORR) custody to ensure availability and timely admission of UAC who meet placement criteria for secure care. To be a provider of secure care, facilities must be licensed by the state in which care is to be provided. The Contractor(s) fulfilling this requirement shall ensure availability of 30 secure care beds while maintaining compliance with governing legislation and policies for serving UAC in secure care, including maintaining the requisite licenses. Secure care providers shall ensure admission of UAC within 72 hours of written or verbal notification, and provide the necessary diagnostics, transfers between levels of care as may be clinically necessary, discharges, and family unifications.

1.1.2 The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to provide residential secure placements for UAC as defined in this Performance Work Statement (PWS) except for those items specified as Government-provided services. The Contractor shall perform to the standards in this contract.

1.2 Background. When youth enter the United States unaccompanied by parents or legal guardians, they are apprehended by the Department of Homeland Security (DHS) immigration officials and transferred to the care and custody of ORR. Consistent with Federal law, ORR promptly places UAC in the least restrictive appropriate care setting that is in the best interest of the child and meets the child’s unique and individual needs. UAC arrive from diverse backgrounds and are of all ages with unique and individual needs. It is common for UAC to have experienced trauma in their country of origin or during their journey to the United States. While determining the least restrictive appropriate level of care for UAC, ORR takes into consideration other factors including whether a child has a criminal history; whether they are a danger to themselves, other UAC, or the community; and whether the UAC is a flight risk. Taking these factors into consideration, some UAC meet criteria for the most restrictive level of cares, secure care placement.

1.3 Period of Performance. The Government anticipates a 6-month base period, with an ability for an option period up to six months.

1.4 Place of Performance. Services shall be performed within the continental United States.

1.5 Work Hours and Recognized Holidays

1.5.1 Work under this contract shall be performed 24 hours a day, seven days a week, and 365 days a year. This incudes all weekends and all United States holidays.

1.5.2 It is understood and agreed between the Government and the Contractor that observance of such days by

Government personnel shall not otherwise be a reason for an additional period of performance, or entitlement of compensation except as set forth within the contract.

1.5.3 The Contractor shall provide sufficient personnel to perform critical tasks already in operation or scheduled and shall follow instructions issued by the Contracting Officer (CO).

1.5.4 If Government personnel are unavailable due to furlough or any other reason, the Contractor shall contact the CO and the COR to review the contract requirements.

U.S. Federal Holidays

New Year’s Day January 1st

Birthday of Martin Luther King, Jr. 3rd Monday in January

Presidents Day 3rd Monday in February

Memorial Day Last Monday in May

Juneteenth National Independence Day June 19th

Independence Day July 4th

Labor Day 1st Monday in September

Columbus Day 2nd Monday in October

Veteran’s Day November 11th

Thanksgiving Day 4th Thursday in November

Christmas Day December 25th

1.6 Objectives

1.6.1 The prime objective of this contract is to procure up to 30 secure care residential placements for UAC who meet criteria for secure care placement.

1.6.2 Provide a humane and secure environment to UAC between ages of 13–17 who meet criteria for secure care placement in a state-licensed facility.

1.6.3 Ensure timely admission of UAC within 72-hours of written or verbal notification from ORR.

1.6.4 Ensure provision of comprehensive services, including assessment, diagnosis, treatment, and discharge planning; and when appropriate, make transfer recommendations to less restrictive setting or make safe release recommendations to a vetted sponsor.

1.6.5 Employ policy and plans to avoid rejection or ejection of a UAC who meet secure care criteria and are referred for placement.

1.7 Scope of Work

1.7.1 Secure care is the most restrictive level of care for UAC and is designated for those UAC who have been charged with or convicted of a criminal offense, are chargeable with such an offense, or whose alleged conduct poses a threat to self or others. A secure facility is a licensed facility that is locked with a no-climb fence or one that is identified as a secure juvenile detention facility. For example, no-climb fencing as opposed to concertina wire and offers internal mechanisms and controls to manage violent behaviors. The determination of which UAC meets secure care placement criteria is made by ORR, and assignment of physical custody to a secure care provider facility is made as immediately as possible by ORR. Secure levels of care are licensed in their respective state to operate as a secure facility that houses juveniles with issues surrounding violence and criminal behavior.

1.7.1.1 Criteria. ORR places a UAC in a secure care facility if there is clear and convincing evidence that the child poses a danger to self or others; or who has been charged with or convicted of a criminal offense; or who is chargeable with such an offense.

1.7.2 The Flores Settlement Agreement (FSA) requires certain services to be provided to UAC while they are in

Government custody. The Contractor must provide UAC in ORR custody with an array of services, including residential care and supervision, clothing, food, individual and group counseling, medical/mental health care, case management, education/English as a second language, recreation, vocational education, and access to religious services. UAC also have access to legal services. While the majority of services are expected to be available on site, the Contractor may make referrals to community-based providers when needed. Provider shall have capability to provide multilingual staff. Services must be tailored for UAC in order to maximize opportunities for success both while in care, and upon discharge from the program.

1.7.3 Behavior management strategies used by the care provider must meet child welfare best practice standards.

ORR approves care provider written policies and procedures for behavior management, including rules for the program, and rewards and consequences for behavior. Care providers shall not use behavior management practices that are punitive in nature, involve negative reinforcement, or involve consequences or measures that are not constructive and are not logically related to the behavior being regulated. Care providers shall utilize trauma-informed, age-appropriate, and evidence-based child behavior management practices while working with children in their care. This includes, but is not limited to, setting clear expectations and limits for behaviors, creating a structured environment with routines and schedules, and fostering a supportive environment that encourages cooperation, communication, problem-solving, de-escalation strategies, and positive behavioral management skills.

1.7.4 All proposed locations must be located near major transportation systems and immigration courts. The

Contractor shall describe and explain their plan to have 30 state licensed secure care placements available immediately upon a contract award and how the proposed locations of state licensed secure care facilities will have the capacity to accept new admissions within 72 hours of notification.

1.7.5 The Contractor shall operate and manage licensed secure care facilities staffed with credentialed, experienced, and skilled direct care staff who have been trained on UAC Bureau policies and employ coordinated plans that comply with ORR policy to prevent or mitigate rejecting or denying admission of a UAC referred for placement when the child meets the level of care placement. (See ORR UAC Bureau Policy Guide Section 1.3.3, Care Provider Acceptance)

1.8 Meetings

1.8.1 Post-Award Orientation Meeting. The Contractor shall participate in a Post-Award Orientation meeting that serves as an introduction between the Contractor and federal personnel who will be involved with the contract’s administration and provide the opportunity to discuss technical, management, and security issues as well as travel authorization and reporting procedures. The orientation shall include, but not limited to, the purpose of the contract and methodologies to be employed in carrying out the full scope of work described in the contract, review of the contract tasks, timelines and schedule of deliverables, and contract staff successful completion of ORR onboarding training. The Contractor will be advised if there are UAC in ORR custody requiring secure placement at their facilities and in which services may be required immediately. The Contract Post-Award Orientation Meeting shall be held within one week after contract award. As part of Task 1, the Contractor shall develop and deliver a Post-

Award Orientation Meeting Report that contains a written summary of all issues discussed, resolution, and action items based on the results of the Post-Award Orientation meeting. The Contractor shall deliver the draft Post-Award

Orientation Report to the COR and CO no later than five (5) business days after the Post Award Orientation meeting.

1.8.2 Periodic Progress Meetings

1.8.2.1 The Contractor’s Case Manager shall participate in a regular schedule of UAC care briefings with assigned ORR Federal Field Specialist (FFS) to provide the status of UAC in the Contractor’s care and to discuss

UAC health and well-being.

1.8.2.2 In addition to the regularly scheduled meeting above, the Government may conduct periodic (daily, weekly, monthly, etc.) performance and/or progress meetings to review the performance and/or progress of this requirement, ensuring compliance and acceptable quality of services.

1.8.2.3 The Contractor shall attend, participate in, and furnish input to scheduled and unscheduled meetings, conferences, and briefings that relate to the services stated herein. The Contractor's Executive Leadership and

Program Director shall attend meetings as requested by the Government.

1.8.2.4 These period meetings which may be conducted in-person (at the place of performance), virtually, or via teleconference and may start or end outside of regular duty hours.

1.8.2.5 The Contractor shall document all meeting minutes and submit a copy to the COR within five (5) business days. If the COR does not respond within three (3) business days, then the meeting minutes become final.

(DELIVERABLE ### - Progress Meeting Minutes)

1.9 Contractor Monthly Reports

1.9.1 The Contractor shall submit Contractor monthly reports to… via… NLT… (DELIVERABLE ### -

Monthly Report)

1.9.2 At a minimum, the monthly report shall include:

• Summary of work under order in the previous month

• Analysis and suggestions about best practices and innovations in service delivery to this population, as relevant

• Challenges reported

• Funding, invoices, disbursements (invoice payments received by the Contractor)

• Staffing levels and staffing challenges, and

• The status of any open concerns that need to be addressed by the Contractor, the Government, or both.

1.10 Quality Control Plan (QCP)

1.10.1 The Contractor shall develop, implement, and maintain a QCP to ensure services are performed in accordance with (IAW) this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor's QCP is the means by which it assures that the work provided complies with the requirements of the contract.

1.10.2 At a minimum, the QCP shall address how the Contractor will ensure compliance with all local licensing, state, and federal governing laws as well as agency guidance to include ORR UAC Bureau Program Policies. The plan shall address all tasks related to compliance and quality of services and care, and detail plan, relevant internal policies and protocols, responsible staff, and metrics for measuring compliance and quality.

1.10.3 The Contractor shall submit the QCP to the CO and COR within 15 Government Business Days after award. (DELIVERABLE ### - QCP)

1.11 Records Management and Safekeeping Requirements (See ORR UAC Policy Guide Section 5.6.2, Maintaining Case Files)

1.11.1 The Contractor shall maintain comprehensive, accurate, and up-to-date case files for each UAC in the

Contractor’s care. The Contractor shall ensure UAC records are kept confidential and secure at all times.

1.11.2 At a minimum, case files shall include (unless the documentation cannot be obtained or does not exist) the following:

• Name, Alien number, birth certificate and photo

• Placement Documents

• Legal Information

• Medical records

• Assessments

• Education Services records

• Case management records

• Child mental health/behavioral health records

• Significant Incident reports

• Documentation of all services provided, information regarding progress, barriers to progress, and the outcome of the case.

• Discharge and exit information

1.11.3 Records shall be made accessible to ORR upon written request from an ORR official or upon verbal request from the CO or the COR. (Electronic records include those on care provider facility’s network drive as well as those on the ORR UAC Bureau’s online portal.)

1.11.4 Written Records Management Plan

1.11.4.1 The Contractor shall establish a written Records Management Plan to ensure the safekeeping of UAC case files. (DELIVERABLE ### - Records Management Plan)

1.11.4.2 The written Records Management Plan shall include the following:

1.11.4.2.1 Procedures to protect the confidentiality of personally identifiable information (PII), medical information, and behavioral health records of UAC’s files.

1.11.4.2.2 Procedures for access to UAC files by:

• Authorized federal official representatives with the ORR;

• Contractor’s authorized clinical health care and key personnel;

• Authorized licensed officials within the care provider facility with physical custody of the unaccompanied child;

• Appropriate parties in order to address suspected or known child maltreatment (consistent with applicable federal, state, or local laws on reporting child abuse and neglect); or

• Authorized personnel complying with a judicial order or lawfully issued subpoena.

1.11.4.2.3 The Records Management Plan shall outline how the Contractor will ensure care provider facilities conform to the approved written plan. Each Contractor’s care provider facility must maintain child files and records in a manner that ensures only authorized employees of the Contractor or in-network care provider facility have access.

1.12 Key Personnel

1.12.1 The Contractor shall provide the following key personnel throughout the performance of this requirement.

The Contractor shall ensure key personnel meet certification and licensure qualifications. The Contractor shall submit to the COR with a copy to the CO a roster of key personnel to include name, title, and brief description of qualification to include professional licenses and certifications. If there is a change in a key personnel during the period of performance of this contract, the Contractor shall update the roster and submit notification to the COR with a copy to the CO along with credentials for the proposed new candidate to fill the position for the

Government’s concurrence within five (5) Government business days of the change, to include if there is a vacancy in a key personnel position as described in this PWS. (DELIVERABLE ### - Key Personnel Roster)

1.12.1.1 Program Director is responsible for the overall management of the programmatic, administrative, financial, and operational systems related to the provision of secure care and services; provision of regular and timely reports to the COR with a copy to the CO regarding operations, services, and finances; and elevation of any issues or concerns to the COR and the CO. At a minimum, the Program Director must have a Master of Social Work

(MSW) or an equivalent degree in education, psychology, sociology, or other relevant behavioral science degree; or a bachelor’s degree plus 5 years of experience in child welfare administration child protective services; and 2 years of experience in program management; or as Director of a state-licensed shelter program. Program Director must possess a childcare administrator license issued by state childcare licensing office where care facility is located and operated. If a respective state does not issue childcare administrator licenses, the COR and the CO will review resume and credentials for Program Director before concurring with hire.

1.12.1.2 Child Psychiatrist conducts psychiatric evaluations, assessments, surveillance for non-psychiatric medical concerns, medication management, consults with multidisciplinary team and is ultimately responsible for the diagnosis, treatment, and discharge planning for UAC. Also participates in psychoeducation of UAC and family/sponsors about medication, diagnoses, treatment and prognosis. Instrumental in informed consent process.

This position must possess a Doctor of Medicine (M.D.) or Doctor of Osteopathy (D.O.) Completed residency training in Adult Psychiatry and Fellowship in Child and Adolescent Psychiatry. Board certified in Child and

Adolescent Psychiatry unless within two years of finishing fellowship. Licensed to practice medicine in the same state as the facility. Must maintain board certification and license throughout entirety of employment. Must also obtain and maintain an active DEA license.

1.12.1.3 Case Manager is to initiate and maintain ongoing communication with sponsor and ORR’s Sponsor

Care Services, and support the gathering of sponsor information, and assess whether the potential sponsor can safely provide the for the physical and mental well-being of the child or youth. (See ORR UAC Bureau Policy Guide 2.3.2, Case Managers)

1.12.1.4 Prevention of Sexual Abuse (PSA) Compliance Manager oversees implementation and ongoing compliance with the Interim Final Rule on UAC Sexual Abuse and Sexual Harassment standards at care provider facilities. The PSA Compliance Manager must possess a bachelor’s degree in behavioral sciences, human services, social service fields, or relevant field. Must have at least one year of experience working with child welfare standards, best practices, or quality assurance or compliance.

1.13 Identification of Contractor Employees. All Contractor personnel attending meetings, answering

Government telephones, and working in other situations where their Contractor status is not obvious to third parties must identify themselves as such to avoid creating an impression in the minds of members of the public that they are

Government officials. The Contractor shall ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

1.14 Contractor Travel.

1.14.1 The Contractor may be required to travel during the performance of this contract. The Contractor may be authorized travel expenses at rates no higher than the substantive provisions of the Federal Travel Regulation (FTR).

1.14.2 The Contractor shall submit a Monthly Travel Request for any planned travel. For each travel event, the request shall include the following:

• Traveler’s name

• Associated labor category of the traveler

• Purpose of travel

• Location

• Anticipated travel expenses (airfare, transportation, meals & incidental expenses, hotels and other expenses)

1.14.3 Local travel shall be submitted when known in advance for review by the COR five (5) business days prior to the upcoming month. (DELIVERABLE ### - Monthly Travel Request)

1.14.4 Long-distance travel, as defined in the FTR, must be reviewed and acknowledged by the COR as necessary prior to performance.

1.14.5 In the event of emergency or unanticipated (but necessary) travel, the Contractor shall notify the CO and

COR as soon as possible, but no later than 24 hours after travel commences.

1.15 Data Rights. The Government has unlimited rights to all documents and materials produced under this contract. All data collected by the Contractor or provided to the Contractor in the performance of this contract are the property of the Government. The Government retains all rights to the data used and all derivative works developed by the Contractor. The Contractor agrees that during performance of the contract and for a period of six years after the completion of performance of this contract, the Contractor, including all divisions thereof, and any affiliate of the Contractor, any joint venture involving the Contractor, any entity into or with which it may subsequently merge or affiliate, or any other successor or assign of the Contractor, shall not supply information or material received from this contract, to the public or to any firm participating in or having a known prospective interest in the subject matter areas for which the sensitive information such as the name or mission of the

Government agency/department that provided the data was initially submitted. The right does not abrogate any other

Government rights under the applicable Data Rights clause(s).

2. REQUIREMENTS AND SPECIFIC TASKS

2.1 General Requirements

2.1.1 The Contractor shall comply with all Federal laws, regulations and policies; all ORR policies and procedures; the FSA; the William Wilberforce Trafficking Victims Protection Reauthorization Act 2008; Section

462 of the Homeland Security Act; and all applicable references located in Appendix 1 – List of Applicable

References.

2.1.2 The Contractor shall use child welfare best practices that are not punitive in nature and in proportion to the behavior being addressed. (See ORR UAC Bureau Policy Guide Section 3.3.13, Behavior Management)

2.1.3 The Contractor shall ensure additional staff are available when needed in emergency situations to meet the special needs of UAC. (See ORR UAC Bureau Policy Guide Section 4.4.1, Staffing Levels)

2.1.4 The Contractor shall ensure additional trained direct care staff are available, when needed, to ensure UAC success, safety, and well-being (See ORR UAC Bureau Policy Guide Section 4.8, Assessment for Risk)

2.1.5 The Contractor shall provide humane and secure environment to UAC between the ages of 13–17 who meet criteria for secure care placement in a state-licensed facility.

2.1.6 The Contractor shall address each UAC by their given name.

2.1.7 The Contractor shall provide services which respect and support the cultural identity of UAC to include cultural awareness in daily activities such as food menus, choice of clothing, and hygiene routines.

2.1.8 All required documents provided to UAC must be translated in the UAC’s preferred language, either written or verbally. However, the Contractor is not required to create their own translations of ORR-issued forms, templates, or handouts.

2.1.9 Staff to UAC Ratio.

2.1.9.1 The Contractor shall maintain a 1:6 staff to UAC ratio, or;

2.1.9.2 When determined necessary, the Contractor shall provide one-on-one direct care staff-to-child ratio in exigent circumstances to ensure the child and/or other children are safe and an alternative means of care is arranged.

(See ORR UAC Bureau Policy Guide Section 3.5.2, Prohibition on Segregation and Isolation). One-on-one direct care staff can focus on a UAC’s specific needs and treatment plan within the residential setting and can mitigate challenges which may otherwise result in an admission rejection or termination from a care setting. The addition of an assigned one-on-one direct care staff often involves intensive interaction and monitoring to manage challenging behaviors and to promote positive development and overall success. (See ORR UAC Bureau Policy Guide Section

4.8.2, Use of Assessment Information)

2.2 Provide Comprehensive Services

2.2.1 Planned Activities. (See ORR UAC Bureau Policy Guide Section 3.3.8, Recreation and Leisure Time

Services)

2.2.1.1 The Contractor shall provide services which included activities aimed at development of social and interpersonal skills that contribute to the ability for UAC to live independently and responsibly in the community.

2.2.1.2 Weather permitting, the Contractor shall provide planned outdoor activities. Theses activities shall include at least one (1) hour per day of large muscle activity and one (1) hour per day of structured leisure time activities other than television (three (3) hours per day when school is not in session).

2.2.1.3 Recreation and leisure time activities are separate from the required physical educational requirement.

2.2.1.4 UAC must have access to appropriate reading materials in languages other than English for use during the UAC’s leisure time.

2.2.1.5 Television programs, movies, and video games are authorized but may not be substituted for recreational or leisure time. The Contractor shall screen all television programs, movies, and video games for appropriateness before providing them to UAC.

2.2.2 Case Management Services. The Contractor shall administer case management services through a case management system that tracks and monitors the progress of UAC on a regular basis to ensure children receive the full range of program services in an integrated and comprehensive manner. The Contractor shall provide case management services seven (7) days a week and ensure continuity during holidays. Case managers must ensure timely release of minors with viable ORR-approved sponsors.

2.2.3 Disabilities Services. The Contractor shall provide disability services to all UAC with a verified disability.

Disabilities services include evaluation services for children suspected of possessing a disability. These services include evaluation for UAC suspected of having a disability. If a UAC is found to have a disability, then the

Contractor shall ensure an Individual Education Plan (IEP) is developed by qualified education staff, and a Section

504 services plan is implemented.

2.2.4 Education Services. (See ORR UAC Bureau Policy Guide Section 3, Services)

2.2.4.1 The Contractor shall provide education services for UACs while in secure care.

2.2.4.2 The Contractor shall conduct an educational assessment within 72-hours of UAC admissions to determine the academic level of the child and any particular needs they may have.

2.2.4.3 The Contractor shall provide each UAC must a minimum of six (6) hours of structured education, Monday through Friday, throughout the entire year in basic academic topics (Science, Social Studies, Math, Reading, Writing, Physical Education, and English as a Second Language (ESL), if applicable).

2.2.4.4 The Contractor shall provide educational services which are appropriate to each UAC’s level of development, education, literacy, and linguistic ability.

2.2.4.5 The Contractor shall provide educational instruction and relevant materials in a format and language accessible to all UACs, regardless of the child’s native or preferred language. Such services include, but are not limited to, providing services from an in-person, qualified interpreter, written translations of materials, and qualified remote interpretation when in-person interpretation options have been exhausted.

2.2.4.6 The Contractor may adapt or modify local educational standards to develop curricula and assessments, based on the average length of stay for UAC at the care provider facility, and provide remedial education and after school tutoring as needed. Instruction time shall be administered in a structured classroom setting designed for UAC and concentrate primarily on the development of basic academic competencies and secondarily on English language training. While in the secure care facility, UAC are not enrolled in local school systems.

2.2.5 Group Counseling Sessions. The Contractor shall provide group counseling sessions a minimum of twice per week for UAC in ORR custody. One (1) of the sessions may be substituted by family or house meetings. At least one (1) of the sessions shall provide psycho-educational curriculum that may be adjusted according to child population needs. The Contractor shall design session topics catered to the secure care population.

2.2.6 Individual counseling. The Contractor shall provide individual counseling for all UAC in secure care. At least one (1) individual counseling session per week shall be conducted by a qualified clinician. Counseling sessions must meet the specific objectives of assessing and responding to mental health needs; reviewing progress;

establishing new short-term objectives; and addressing the development progress, immediate concerns, and crisis-related needs of each UAC.

2.2.7 Individualized Needs Assessments. The Contractor shall conduct initial and ongoing individualized needs assessments for all UAC. The Contractor shall complete the initial intake assessment within 24 hours of admission.

The Contractor shall complete an assessment of risk within 72 hours of admission and update it every 30 days to include a psychosocial summary noting, evaluation of current medical information, and an assessment for trauma and human trafficking.

2.2.8 Individual Service Plans (ISP). The Contractor shall provide comprehensive and realistic ISPs for all UAC in accordance with each child’s needs, as determined by the assessments. ISPs must be implemented and closely coordinated through an operative clinical assessment and intervention plan and, through ORR’s case management system, must be completed within five (5) days of admission and every 30 days thereafter. In cases where human trafficking is suspected or confirmed, the care provider facility must refer the child to ACF’s Office on Trafficking in Persons and provide or refer the child for other services to ensure they have access to all services guaranteed by

Trafficking Victims Protection Reauthorization Act (TVPRA) of 2008. (See ORR UAC Policy Guide Section 3.3, Care Provider Required Services)

2.2.9 Legal Services and Rights to Privacy. (See ORR UAC Bureau Policy Guide Section 3.3, Care Provider

Required Services)

2.2.9.1 The Contractor shall ensure legal services and rights to privacy are afforded to all UAC in ORR custody and care. ORR will supply the Contractor with information regarding availability of free legal assistance, the right to be represented by counsel at no expense to the Government, the right to a removal hearing or a bond hearing before an immigration judge, the right to apply for legal relief or to request voluntary departure in lieu of removal, and the rights of victims of trafficking under TVPRA of 2008.

2.2.9.2 The Contractor shall coordinate with ORR’s legal services Contractor to provide the legal services for

UAC in the Contractor’s care.

2.2.9.3 UAC will also receive legal services information regarding the availability of free legal assistance; the right to be represented by counsel at no expense to the Government; the right to a removal hearing before an immigration judge; and the right to apply for asylum or to request voluntary departure in lieu of deportation.

2.2.9.4 The Contractor shall ensure children have access to the legal support services and the ORR-provided

Legal Resources Guide so they can perform “Know Your Rights” (KYR) presentations, legal screenings, private meetings, and phone calls.

2.2.10 Medical Services. The Contractor shall provide medical services to UAC placed in secure care. The

Contractor shall work with local health care provider facilities who accept ORR’s fee-for-service payment system (if not directly hired by the Contractor); and who will follow ORR’s medical and dental guidelines for the following services: Complete medical examination (including screening for infectious diseases) shall be completed within two

(2) business days (48 hours, excluding weekends and federal holidays) of admission, per ORR stay in custody including appropriate immunizations in accordance with the United State Advisory Committee on Immunization

Practices Immunization Schedule; family planning services; Initial dental exam 60 – 90 days after admission;

follow-up immunizations; and emergency health care services.

2.2.11 Mental Health Services. The Contractor shall provide mental health services to UAC placed in secure care.

The Contractor shall provide regular on-site individual and group counseling sessions and provide access to community mental health services for UAC with special needs. Community mental health services include psychiatric evaluations and or psychological evaluations, treatment, medication assessments and management, crisis intervention, in-patient acute psychiatric care, and other clinical interventions as identified by ORR. The Contractor shall employ on-site clinicians to meet with UAC a minimum of one time per week for individual sessions. The on-site clinician shall perform clinical groups no less than once per week and will organize a community group once per week.

2.2.12 Nutritional Services. The Contractor shall provide nutritional services in accordance with U.S. Department of Agriculture (USDA) and U.S. Department of Health and Human Services (HHS) nutritional guidelines and state licensing requirements. The Contractor shall establish procedures to accommodate dietary restrictions, food allergies, health issues, and dietary restrictions. (See ORR UAC Bureau Policy Guide Section 3.3.9, Nutrition

Services)

2.2.13 Rules and Behavior Management. The Contractor shall establish rules and behavior management standards with consideration for the range of ages and maturity levels of UAC in each shelter or level of care program.

2.2.14 Religious Access. (See ORR UAC Bureau Policy Guide Section 3.3.7, Services Related to Culture, Language, and Religious Observations)

2.2.14.1 The Contractor shall arranged for and provide access to religious services and counseling of the UAC’s choice, when possible.

2.2.14.2 The Contractor shall provide opportunities for UAC to observe and practice their spiritual or religious beliefs. Such services include, but are not limited to, the celebration of religious holidays, displaying religious art, wearing religious articles of jewelry, following certain food preparation and/or dietary restrictions.

2.2.14.3 Since UAC in secure care placements do not go on field trips or off campus for activities, the Contractor is encouraged to work with clergy or other members of the religious community to provide spiritual/religious services to UAC in ORR’s custody.

2.2.14.4 The Contractor shall provide UACs access to recognized members and leaders of religious communities in accordance with safety policies and procedures.

2.2.14.5 If UAC request religious and/or cultural information or items such as books or clothing, the Contractor shall provide the applicable materials in the UAC’s native or preferred language, depending on the child’s preference.

2.2.14.6 The Contractor shall assist UAC in obtaining the skills necessary to acculturate to the United States and to live independently and responsibly. Required services include providing English language classes; academic education; celebration of relevant holidays, discussion of U.S. Laws; food; and entertainment.

2.2.15 Visitation and Phone Calls.

2.2.15.1 The Contractor shall allow UAC regular contact with safe and ORR-approved family members, attorneys, or other support systems through telephone calls, letters, and visits.

2.2.15.2 The Contractor shall provide UAC the opportunity to make a minimum of two (2) telephone calls per week (10 minutes each) to approved family members and/or sponsors in a private setting. The UAC may make phone calls to family members and sponsors living in the United States and abroad.

2.2.15.3 There is no limit on the length of calls for UAC with their attorney(s) of record. Attorneys of record are required to have reasonable access to UAC according to ORR UAC instructions and procedures and care provider’s time and place restrictions.

2.2.15.4 The Contractor must exhaust all efforts to utilize video calls over audio-only calls where the family, sponsor and/or other approved contacts have access to video calling technology.

2.2.16 Transportation services. The Contractor shall provide transportation services for UAC to local airports and to local services and appointments, such as medical and dental appointments, immigration court hearings, or community services as part of the ISP.

2.3 Provide Written Admission and Orientation

2.3.1 The Contractor shall have a standardized written admissions and written orientation plan designed to help

UAC settle and adjust to their new setting. Written plans must prioritize immediate needs.

2.3.2 The Contractor shall provide a written Admissions and Orientation Plan to COR/CO… via… within…

(DELIVERABLE ### - Written Admissions and Orientation Plan)

2.3.3 Admission Plan.

2.3.3.1 The Contractor shall develop a written admissions plan to ensure the physical and mental well-being of an unaccompanied child. The plan shall include ensuring food, beverages, and shower with clean clothes and personal hygiene items within two hours of entering the care provider facility. Other actions required in the written plan include:

2.3.3.1.1 Plan to assist with contacting family members or other relatives, if contact is considered safe, following ORR and the care provider’s internal safety procedures.

2.3.3.1.2 Ensure UAC receive complete initial medical exam, including screening for infectious disease by a licensed physician or physician’s assistant (within 48 hours of admissions excluding weekend and holiday).

2.3.3.1.3 Create an inventory of all cash and property obtained from UAC upon admission.

2.3.3.1.4 Initial Intake Assessment to interview UAC within 24 hours of admission.

2.3.3.1.5 Office of Trafficking in Persons notification if suspected trafficking within 24 hours.

2.3.3.1.6 Disclosure Notice explaining rights, confidentiality and limits to confidentiality of information. (See

ORR UAC Policy Bureau Guide Section 5.9.1, Requirement to Inform Children of Confidentiality)

2.3.4 Orientation Plan. The Contractor shall provide a comprehensive program orientation to UAC within 48 hours of admission to the care facility. (See ORR UAC Policy Bureau Policy Guide Section 3.2, Care Provider

Admissions and Orientation for Unaccompanied Alien Children)

2.3.4.1 The orientation shall cover the program's services, rules (written and verbal), and all other pertinent information about the facility and program expectations in a fashion that is age and language appropriate.

2.3.4.2 The Contractor shall ensure all orientation materials are provided in formats understandable to UAC who are limited English proficient, limited reading skills, deaf, visually impaired or otherwise disabled.

2.3.4.3 The orientation plan shall include a tour of the facility with an explanation of where emergency and evacuation routes and exits are located along with procedures. As part of the orientation plan UAC must be provided an explanation of their custody in ORR; explained care provider rules, responsibilities, and procedures; rights and responsibilities, legal-related information; care provider’s behavior management policies; and care provider’s grievance policies and procedures.

2.3.4.4 Know Your Rights (KYR) Presentation by ORR-funded Legal Services Provider (LSP): The written orientation plan must include a plan for ensuring all UAC transferred to the physical custody and care of the

Contractor receive a KYR presentation provided by an ORR-funded LSP within 10 business days of placement with the Contractor. Compliance with receiving KYR’s presentation includes documentation in case files.

2.4 Provide Physical Custody and Care for UAC

2.4.1 The Contractor shall provide up to 30 secure care beds .

2.4.2 When the Contractor is notified of a UAC who requires a secure level of care, the Contractor shall begin planning for safe admission or transfer of UAC into the physical custody of the Contractor.

2.4.3 The Contractor shall receive and complete intake processes for new UAC admissions within 72 hours of notification (from ORR) and accommodate sooner when possible.

2.4.4 The Contractor shall employ evidence-based behavior management system to reduce behavioral issues, acts of aggression and promote pro-social interactions with adults and peers.

2.4.5 The Contractor shall utilize non-punitive forms of behavioral interventions intended to impact positive changes in current behavior issues and minimize inappropriate behaviors.

2.4.6 The Contractor shall provide proper de-escalation and restraint techniques that are in accordance with state licensing requirements and are reviewed by the COR.

2.4.7 The Contractor shall provide a minimum of three meals daily with and a minimum of two snacks a day that meet nutritional dietary needs for each individual youth in care.

2.4.8 The Contractor shall ensure onboarding orientation and on-going care provider training for staff at in-network special population care facilities and include quarterly training on use of approved behavior management, de-escalation, and restraints (crisis intervention), trauma informed care, cardiopulmonary resuscitation, First Aid, Occupational Safety and Health Administration, ORR policies and procedures, and legal requirements.

2.4.9 Prohibitions. The Contractor and its care providers are prohibited from using the following measures:

2.4.9.1 Sanctions that adversely affect the physical, emotional, and/or psychological wellbeing of the child or sanctions that deny the child meals, sufficient sleep, routine personal grooming activities, exercise (including daily outdoor activity), medical care, correspondence or communication privileges, or legal assistance.

2.4.9.2 Threatened or actual corporal punishment, defined as: the infliction of physical pain on any part of a child’s body as a means of controlling or managing the child’s behavior.

2.4.9.3 Threats to withhold or limit communication with families or sponsors (including access to a UC’s personal cell phones or tablets in long-term settings).

2.4.9.4 Threatened or actual use of seclusion (note that care providers must still follow UAC Policy, as well as applicable state laws, for appropriate use of seclusion in limited emergency situations, and any such use must be commensurate with the nature and duration of the emergency. (See UAC Bureau Policy Guide Section 3.3.15, Use of Restraints or Seclusion in Emergency Safety Situations)

2.4.9.5 Threatening children with Significant Incident Reports.

2.4.9.6 Threatening children with unfavorable consequences related to family/sponsor unification or legal matters (e.g., immigration, asylum).

2.4.9.7 Unproductive labor that serves no purpose except to demean or humiliate the child.

2.4.9.8 Physical movement, such as push-ups and running, or uncomfortable physical positions as a form of punishment or humiliation.

2.4.9.9 Conducting a search of a child’s personal belongings solely for the purpose of behavior management.

2.4.9.10 Restraints, including:

2.4.9.10.1 Mechanical restraints, which include any device attached to, or adjacent to, the child’s body that they cannot easily remove and restricts freedom of movement or normal access to their body.

2.4.9.10.2 Prone physical restraints or restraints that restrict a child’s breathing, restricting a child’s joints or hyperextending a child’s joints, or requiring a child to take an uncomfortable position.

2.4.9.10.3 Chemical restraints, which may include, but are not limited to, pepper spray or other forms of inflammatory and/or aerosol agents; and

2.4.9.10.4 Peer restraints, (i.e., asking or permitting other children to physically restrain another child).

2.4.10 Medication interventions that (1) are not prescribed by a physician for a medical diagnosis, or (2) increased risk of harm to the child or others. Note that care providers must still follow UAC Policy, as well as applicable state laws, for appropriate uses of medication interventions in Residential Treatment Centers. (See ORR UAC Policy

Guide Section 3.3.15, Use of Restraints or Seclusion in Emergency Safety Situations)

2.4.11 Care provider facilities must not engage in, or otherwise permit, harassment, bullying, threats, ridicule, or discriminatory/prejudicial treatment.

2.5 Provide Secure Care Facilities Operations

2.5.1 The Contractor shall ensure all facilities are licensed in their respective states in accordance with licensing requirements for secure levels of care provided.

2.5.2 The Contractor shall comply with applicable state child welfare laws and regulations and all state and local building, fire, health, and safety codes.

2.5.3 The Contractor shall maintain facilities that are readily accessible to visitors, staff, and UAC with disabilities and that comply with local, state, and federal laws, codes, and regulations, including the Americans with

Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973, as amended.

2.5.4 The Contractor shall ensure special population care facilities are in areas easily accessible to immigration courts, pro bono legal services; national airports; community mental health, dental, and medical service providers.

2.5.5 The Contractor shall employ policies and procedures to ensure the physical facilities utilized for each level of special population care, and equipment are in good repair and in compliance with applicable safety building and safety codes.

2.5.6 The Contractor shall ensure emergency equipment (lighting, portable generators and uninterrupted power sources and systems) are installed, maintained in accordance with manufacturer guidance, and in working order.

2.5.7 The Contractor shall maintain installed protection equipment, including alarm and sprinkler systems, in all living areas of care facilities and perform periodic inspections of fire detection equipment.

2.5.8 The Contractor shall ensure showers and living areas are constructed and maintained to ensure they are free of mold and mildew.

2.5.9 The Contractor shall ensure interior furnishing materials, furniture, and bedding are in accordance with recognized local and state codes.

2.5.10 The Contractor shall ensure all precautions for kitchen utensils, facility maintenance equipment, and recreation equipment are stored and secured safely and only accessible by authorized employees and accessed for original purposes.

2.5.11 For secure and locked settings, the Contractor shall ensure control and monitoring of entry and exit points from premises; utilize video monitoring in common and living areas, and communication systems and alarm systems for all areas; and must adhere to Prohibition on Expending HHS Award Funds for Covered Telecommunications

Equipment or Services as per 2 § CFR 200.216.

2.5.12 The Contractor shall ensure program approved evacuation plan is provided to the COR and is in place prior to serving ORR UAC. Provide a copy of any updated evacuation plan to the COR prior to admitting any UAC to their program.

2.5.13 The Contractor shall provide an on-site location conducive to a minimum six (6) hours daily of formal delivery of education Monday through Friday for all UAC in care.

2.5.14 The Contractor shall ensure all in-network care provider facilities maintain safe and sanitary environments for UAC to ensure all youth are free from threats from other youth.

2.5.15 The Contractor shall ensure facilities are administered and operated by qualified licensed and/or certified and trained dedicated care providers 24 hours a day, 7 days a week, to include all weekends and holidays.

2.5.16 The Contractor shall ensure facilities provide locations on-site for visitation and telephone calls.

2.5.17 Care provider facilities must also ensure UAC have the appropriate time, space, and items for personal grooming and hygiene. (See ORR UAC Bureau Policy Guide Section 3.3.3.11, Clothing and Personal Grooming)

2.6 Provide Behavioral Health Care Model

2.6.1 The Contractor shall utilize a behavior health care model and comprehensive therapeutic program designed with policies and strategies that meet child welfare best practice standards and cater to clinically appropriate practices for secure levels of care as described within this PWS.

2.6.2 The Contractor must utilize behavior management strategies that meet child welfare best practice standards as approved per level of care by respective state licensing. The Contractor shall submit to the COR via… NLT… for approval its written policies and procedures for behavior management, including rules for the program to provide clear guidance to direct care staff for the management of behavior of children in care. (DELIVERABLE ### -

Behavior Management Policies and Procedures)

2.6.3 The Contractor must not use behavior management practices that are punitive in nature, involve punishment, involve negative reinforcement, or involve consequences or measures that are not constructive and are not logically and proportionally related to the behavior being regulated.

2.6.4 The Contractor shall utilize trauma-informed, linguistically responsive, and evidence-based child behavior management practices that take into consideration the range of ages and maturity of children placed in the program, and that are sensitive to the needs of each child.