Draft PWS Special Population CoC Network.pdf

Performance Work Statement (PWS)

Unaccompanied Children

Special Population Continuum of Care (CoC) Network

For

Office of Refugee Resettlement (ORR)

Division of UNACCOMPANIED CHILDREN Operations

1. Description of Services

1.1 Introduction

The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to deliver a full continuum of care for special population unaccompanied children in ORR Custody as defined in this PWS except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.2 Background

On March 1, 2003, Section 462 of the Homeland Security Act of 2002, transferred responsibilities for the care and placement of unaccompanied alien children from the

Commissioner of the Immigration and Naturalization Service to the Director of the ORR. Since then, ORR has cared for more than 560,000 children, incorporating child welfare values as well as the principles and provisions established by the Flores Settlement Agreement in 1997, the

Trafficking Victims Protection Act of 2000 and its reauthorization acts, the William

Wilberforce Trafficking Victims Protection Reauthorization Act (TVPRA) of 2005 and 2008.

Unaccompanied children apprehended by the Department of Homeland Security (DHS) immigration officials are transferred to the care and custody of ORR. ORR promptly places unaccompanied children in the least restrictive setting that is in the best interest of the child, taking into consideration danger to self, danger to the community, and risk of flight. ORR takes into consideration the unique nature of each child’s situation and incorporates child welfare principles when making placement, clinical, case management, and release decisions that are in the best interest of the child. A major ORR objective is to improve the knowledge, skills and abilities of professionals working with unaccompanied children. By definition, an unaccompanied child:

• Has no lawful immigration status in the United States

• Is under 18 years of age

• Has no parent or legal guardian in the United States or no parent or legal guardian in the United States is available to provide care and physical custody

Unaccompanied Children Program Overview

ORR assumes the following responsibilities while caring for unaccompanied children entering the United States:

• Making and implementing placement decisions.

• Ensuring that the interests of the child are considered in decisions related to care and custody.

• Providing home assessments for certain at-risk categories of unaccompanied children

• Conducting follow-up services for certain categories of children.

• Overseeing the infrastructure and personnel of ORR-funded care provider facilities.

• Conducting on-site monitoring visits of ORR-funded care provider facilities and ensuring compliance with ORR national care standards.

• Collecting, analyzing, and reporting statistical information on unaccompanied children.

Providing training to federal, state, and local officials who have substantive contact with unaccompanied children.

• Developing procedures for age determinations and conducting these determinations along with DHS.

• Granting specific consent for state court jurisdiction over children.

• Cooperating with the Department of Justice’s Executive Office for Immigration

Review to ensure that sponsors of unaccompanied children receive legal orientation presentations.

• Ensuring, to the greatest extent practicable, that all unaccompanied children in custody have access to legal representation or counsel.

• Releasing unaccompanied children to qualified sponsors and family members who are determined to be capable of providing for the child's physical and mental well-being.

• Collecting, analyzing, and reporting statistical information. Developing procedures for age determinations and conducting these determinations along with

DHS.

• Granting specific consent for state court jurisdiction over children.

ORR helps unaccompanied children gain access to legal representation through the legal access contract that provides legal services in accordance with the Flores Settlement

Agreement, the TVPRA, and other associated legal documents. Through the legal services contract, children receive presentations about their rights and individualized legal screenings. The project also builds pro bono legal representation capacity. Many unaccompanied children meet conditions that make them eligible for legal relief to remain in the United States. They may qualify for:

• Asylum

• Special visas for children who have been abused, neglected, or abandoned by the parents or guardian

• Special visas for victims of severe forms of trafficking and other types of crime

• Adjustment of status for those who have a legal resident or citizen family member

Following apprehension by a federal agency (usually the DHS), unaccompanied children are transferred to the care and custody of ORR while awaiting immigration proceedings.

Unaccompanied children have many inter-related reasons for undertaking the difficult journey of traveling to the United States, which may include rejoining family already in the

U.S., escaping violent communities or abusive family relationships in their home country, or finding work to support their families in home countries. The age of these unaccompanied children, their separation from parents and relatives, and the hazardous journey they take make them especially vulnerable to human trafficking, exploitation, and abuse. The majority of unaccompanied children are cared for through a network of state licensed ORR-funded care providers, most of which are located close to areas where immigration officials apprehend large numbers of immigrants entering the U.S. These provider facilities are state licensed and must meet ORR requirements to ensure a high level of quality of care. Most of the care provider organizations currently operate under funding awarded through local cooperative agreements. In addition, ORR may place some unaccompanied children in individual out-of-network agreements, who partner with care provider organizations to provide services for unaccompanied children with special care demands. The Flores Settlement Agreement (FSA) requires ORR to provide certain services to unaccompanied children while they are in government custody. While in ORR custody, unaccompanied children are required to receive an array of services, including residential care and supervision, clothing, food, individual and group counseling, medical/mental health care, legal services, case management, education/English as a Second Language, recreation, vocational education, acculturation, and access to religious services. While most services are available on site, referrals to community-based providers are made when needed. Services are provided by multilingual staff in a manner that is sensitive to the language and culture of the populations served. Service provision is tailored to each unaccompanied child in order to maximize opportunities for success both while in care, and upon discharge from the program.

1.3 Objectives

The purpose of this contract is to develop region-wide local in-network Continuums of Care (COC) for unaccompanied children who meet special population criteria, by connecting licensed, high quality care providers experienced with serving special population youth. The COC for special population unaccompanied children includes care for those unaccompanied children who meet criteria for Secure Care, Diagnostic Center (DC) Care, Psychiatric Residential Treatment Facility

(PRTF) Care, Residential Treatment Center (RTC) Care, Therapeutic Group Home (TGH) Care, and Staff Secure (SS) Care. Given the arrival of unaccompanied children to the US is not pre-determined and the quantity and type of bed requirements for unaccompanied children in ORR custody is unpredictable, the contractor shall maintain a program structure and approach for having a full scope of special population placements available for unaccompanied children upon contract award and maintain a mainstay-capacity with ability to ramp up additional placements in the event of surges, and upon the government’s need for additional special population placements along the

COC. In cases where new facilities are being secured and prepared to meet this requirement and require ramp up time for construction, major renovations or upfitting, program approaches shall include facility and location justifications and corresponding budgets and reasonable timelines with milestones for consideration to be negotiated.

1.4 Scope

The Office of Refugee Resettlement (ORR) is seeking innovative approaches and networking strategies for complex care coordination of unaccompanied children in ORR custody. The primary purpose of this contract is to meet shelter and specialized levels of care for ORR’s on-going, unpredictable, and often fluctuating numbers of unaccompanied children coming into ORR custody who meet criteria for a special population level of care. 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.

ORR promptly places unaccompanied children in the least restrictive setting that is in the best interest of the child. Unaccompanied children arrive from diverse backgrounds, and of all ages with unique and individual needs. It is not uncommon for unaccompanied children to have experienced trauma in their country of origin or while traveling to enter the United States. Some unaccompanied children meet certain criteria that requires placement in care that can address their unique and individual challenges, including a criminal history and mental or behavioral health needs. ORR takes into consideration the unique nature of each child’s situation and incorporates child welfare principles when making placement, clinical, case management, and release decisions.

While determining least restrictive care settings, ORR takes into consideration other factors including whether a child is a danger to themselves or other unaccompanied children, danger to others or danger to the community, and whether there is a risk the minor child may try to flee or runaway from ORR custody. The continuum of care for special populations includes Secure

Facility Care (Secure); Diagnostic Center Care (DC); Psychiatric Residential Treatment Facility

Care (PRTF); Residential Treatment Center Care (RTC); Therapeutic Group Home Care (TGH);

and Staff Secure (SS). All levels of special population care are provided in humane, therapeutic, culturally competent environments while delivering high quality comprehensive services catered to the needs of each individual child. Decisions for placement in secure and treatment levels of care is made when an unaccompanied child arrives in the United States with a known or self-disclosed criminal history or record or presents with psychiatric or behavioral health needs that cannot be addressed in out-patient settings or less restrictive levels of care.

The benefit of an in-network continuum of care for the ORR special population children includes timely evaluations completed by licensed clinicians when necessary to ensure proper placements, an immediate placement that is appropriate and least restrictive that meets the identified needs of the child, regular evaluation of mental and behavioral health progress to ensure timely transfer to least restrictive settings as soon as clinically advisable; and when appropriate, safe release recommendations to family or a vetted and ORR approved sponsor. While connecting licensed care providers and care provider organizations to support this effort, a well-defined, diverse network of care will ensure a capacity to meet the fluctuating demands for special population placements without wait times or urgent out-of-network searches and placements. This contract shall maintain an experienced network of high-quality care providers who are experienced with serving youth with varying psychiatric and behavioral health needs and who understand ORR placement and care policies or are committed to understanding and incorporating ORR placement and care policies, and who are committed to the best outcomes for unaccompanied children. ORR shall require the in-network continuum of care to have a no reject, no eject, in-house capacity to ensure those unaccompanied children that meet ORR criteria for placement are promptly moved into the appropriate level of care. This contract is intended to deliver continuum of care program design strategies; built in strategies to ensure readily available continuum of special population placement types; and built-in strategies to ensure unaccompanied children are placed in least restrictive settings at all times. Although the length of time children remain in ORR custody must not be longer than necessary to facilitate a safe and timely release, sometimes individual situations require unaccompanied children to stay in ORR custody for longer durations. This contract will incorporate COC designs that afford ORR’s special populations opportunities for protracted stay to stabilize their mental health, develop pro-social and interpersonal skills and achieve key case plan goals and milestones leading to placement in the least restrictive setting. While youth in secure levels of care do not go out for community outings, unaccompanied children in less restrictive levels of care are afforded opportunities for community outings to provide opportunities designed to develop social and interpersonal skills. This contract will ensure appropriate activities designed for the development of social and interpersonal skills and exercises are offered in-house to contribute to skill development and ability to live independently when they leave ORR custody.

Note: community-based care strategies are a new program model which will eventually phase out long-term foster care (LTFC) and Transitional Foster Care (TFC) terms provided at 45 CFR §

411.5.

1.5 Special Population Care Definitions (in order of most restrictive to least restrictive)

Secure Care: A secure or locked level of care is required for unaccompanied children who have been charged with or convicted of a criminal offense, or are chargeable with such an offense, or whose alleged conduct poses a threat to self or others. The determination of which unaccompanied children meet secure placement criteria is made by ORR, and assignment of physical custody to a care provider is made as immediately as possible by ORR. The contractor shall be licensed in their respective state to operate as a secure facility that houses juveniles with issues surrounding violence and criminal behavior. Secure care providers provide temporary and safe custody of unaccompanied children who meet the placement criteria as defined here:

• Youth who have been charged with a crime, are chargeable with a crime, or have been convicted of a crime; or are the subject of delinquency proceedings, have been adjudicated delinquent, or are chargeable with a delinquent act.

• Youth who have committed or have made credible threats to commit a violent of malicious act while in ORR custody.

• Youth who have engaged in conduct that has proven to be unacceptably disruptive to the normal functioning of a staff secure facility in which the child was placed such that transfer may be necessary to ensure welfare of the child and the welfare of others.

• Youth who have self-disclosed violent criminal history prior to placement in ORR custody that requires further assessment.

• Youth who have committed sexual abuse, where there is coercion by overt or implied threats of violence against another person and/or there is an immediate danger to others.

Diagnostic Center Care: Provides humane and secure environments for unaccompanied children who have conflicting mental health diagnosis or limited information regarding violent criminal behavior that delivers comprehensive evaluations by licensed medical practitioners to determine least restrictive placement options as alternative to secure placement in juvenile detention.

Diagnostic centers provide temporary and safe custody of unaccompanied children for diagnostic purposes not to be utilized for more than 30 days or otherwise periods of time prescribed by a licensed medical provider. The purpose of Diagnostic Center care is to accept and accurately assess unaccompanied children with undiagnosed or misdiagnosed mental health issues. In cases where unaccompanied children in other levels of care display violent or other behaviors which raise mental health concerns, they could be transferred to a Diagnostic Center for evaluation instead of prolonged stay in secure or other inappropriate level of care. With the availability of a Diagnostic

Center, unaccompanied children will not have to wait for psych evaluations to be completed or have unaccompanied children inappropriately in secure, or another inappropriate placement.

Diagnostic Center services provide temporary, safe custody of unaccompanied children who meet placement criteria as defined here:

• Youth charged, chargeable, or convicted of a crime, or subject of delinquency proceedings, adjudicated delinquent, or chargeable with a delinquent act.

• Youth who have committed or have made credible threats to commit a violent or malicious act while in ORR custody.

• Youth engaged in conduct unacceptably disruptive of normal functioning in a staff secure facility that transfer may be necessary to ensure the welfare of youth or others.

• Youth who have self-disclosed violent criminal history prior to placement in ORR custody requiring further assessment.

• Youth who have committed sexual abuse, where there is coercion by overt or implied threats of violence.

Psychiatric Residential Treatment Facility Care: A secure unit to provide a humane and therapeutic environment for unaccompanied children between the ages of 12 – 17 with serious psychiatric or psychological issues that result in aggressive behaviors towards others and themselves, and behaviors that cannot be managed in Residential Treatment Center placement.

Psychiatric Residential Treatment Facility Care provides care and custody, assessment and diagnosis, and treatment and discharge plans for unaccompanied children who meet the following criteria:

• Youth who have shown no reasonable progress in alleviation of mental health symptoms after significant period of time in outpatient treatment; and demonstrate behavior that is a result of underlying mental health symptoms and/or diagnosis and cannot be managed in an outpatient setting.

• Youth who require therapeutic-based intensive supervision as result of mental health symptoms and/or diagnosis the prevent independent participation in daily schedule of activities.

• Youth who present continued real risk of harm to self, others, or community despite short-term clinical interventions.

Residential Treatment Center Care: Care that provides a humane and therapeutic environment for unaccompanied children with serious mental health issues, while delivering comprehensive services. Residential treatment care provides temporary and safe custody of unaccompanied children who meet the following placement criteria as defined here:

• Youth ages 12 – 17 who have serious psychiatric or psychological issues that cannot be addressed in an outpatient setting and are danger to self or others.

• Youth who demonstrate underlying mental health symptoms or diagnosis that cannot be managed in outpatient setting; or have not shown reasonable progress in alleviation of mental health symptoms after significant outpatient treatment.

• Youth who require therapeutic-based intensive supervision as a result of mental health symptoms and/or diagnosis that prevents independent participation in daily schedule of activities.

• Youth with behavior that presents continued and real risk of harm to self, others, or the community despite implementation of short-term clinical interventions

Staff Secure Care: Supervised care and living quarters that provide a humane and therapeutic environment for unaccompanied children ages 12 – 17 who have behavioral and/or criminal issues that require close supervision, but do not require placement in a secure setting, while delivering comprehensive services. Staff secure care provides temporary and safe custody of unaccompanied children who meet the following placement criteria as defined here:

• Youth with behavioral and/or criminal issues that require close supervision.

• Youth with non-violent criminal or delinquent history not warranting placement with secure care provider.

• Youth who are disruptive to normal functioning of a shelter care facility such that transfer is necessary to ensure the safety and welfare of others; or have displayed pattern of severity of behavior that requires an increase in supervision by trained staff.

• Youth who pose an escape risk.

Therapeutic Group Home Care: Provide a humane and therapeutic environment for unaccompanied children; while delivering comprehensive mental health services; and when appropriate, transfer to least restrictive setting. Therapeutic Foster or Group Home Care provides temporary and safe custody of unaccompanied children who meet the following placement criteria as defined here:

• Youth ages 12 to 17 who are not a danger to self or others.

• Youth who would benefit from enhanced behavioral health services.

• Youth who require a smaller care setting.

• Youth who do not require Residential Treatment Center level of care.

1.6 Facility Structure, Design and Operation Requirements for Care Providers

General Facility Requirements for Secure Care:

1. Must comply with applicable state child welfare laws and regulations and all state and local building, fire, health, and safety codes and all policies set forth in the Unaccompanied

Children Policy Guide and Unaccompanied Children Manual of Procedures unless otherwise specified.

2. Must be readily accessible to visitors, staff, and children with disabilities and must 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.

3. Facilities are required to be in areas easily accessible to immigration courts; pro bono legal services; national airports; community mental health, dental, and medical services providers.

4. Must have policies and procedures to ensure physical facility and equipment are in compliance with applicable building and safety codes.

5. Must provide confidential and private access to pre-programmed telephones at the care provider facility to provide direct access to service providers without the assistance of staff at the care provider facility as specified in Unaccompanied Children Policy Guide Section

4.5.1.

6. Emergency equipment (lighting, portable generators and uninterrupted power sources and systems) installed and in good repair and working order.

7. Protection equipment including alarm and sprinkler systems are in all living areas of the facility with periodic inspections of fire detection equipment.

8. Showers and living areas constructed and maintained to ensure they are free of mold and mildew.

9. Physical facility and equipment ensure interior furnishing materials, furniture and bedding are in accordance with recognized local and state codes.

10. 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 supervised original purpose.

11. As is specified in Unaccompanied Children Policy Guide Section 3.3.4 Safety Planning, must have controlled entry, and exit from premise; video monitoring in common and living areas; and a communications system and alarm system for all areas. Equipment must adhere to Prohibition on Expending HHS Award Funds for Covered Telecommunications

Equipment or Services as per 2 § C.F.R. 200.216.

Administrative Safety Requirements:

1. As is specified in Unaccompanied Children Policy Guide Section 3.3.4 Safety Planning, must have a system for physically counting residents and written policy to regulate children’s movements; daily log on residents’ movement; facility inspection checklist (to include safety related components of residential operations and program functions);

quarterly safety assessments; and spot inspections.

2. Designated staff/adult bathrooms separate from children’s lavatories.

Sleep Quarters:

1. Must provide single bedrooms with natural lighting and a bed above floor level.

2. Toilet and wash basin facilities must be in the room or on same floor as sleeping quarters.

3. At least one bedroom separated from communal areas that can be used for communicable disease isolating/quarantine purposes.

Gathering Space:

1. Open indoor space used for gathering must be set up in accordance with Unaccompanied

Children Policy Guide Section 3.3.4 Safety Planning without the need of extraordinary security measures. Care providers must consider set-up design and furnishing placement for open space areas for safety and to discourage runaways, unauthorized absences, and unauthorized entries.

2. Must have indoor activity areas designated for social gathering, dining, private meeting space, education space, visitation, and exercise area.

3. Must have designated common areas for case management and confidential spaces for counseling, health services, and legal services as is specified in Unaccompanied Children

Policy Guide Section 3.3 Care Provider Required Services.

4. Meeting space designed and used for one-on-one and private confidential meetings with children must have mirrored two-way windows or small windows in doors of any rooms as is specified in Unaccompanied Children Policy Guide Section 3.3.4 Safety Planning.

5. Common areas and living areas must have video monitoring as is specified in

Unaccompanied Children Policy Guide Section 3.3.4 Safety Planning.

Outdoor Space:

1. Must have adequate secure outdoor recreation areas with no-climb fencing and secure gates; no juvenile hardware should be utilized (i.e., razor wire). The space must be suitable for at least one hour daily of large muscle activity and one hour daily of structured leisure activity, or three hours on days when school is not in session, as is specified in

Unaccompanied Children Policy Guide Section 3.3.8 Recreation and Leisure Time

Services.

2. Must have a security system to monitor facility from unauthorized entrance and egress, including alarm systems and video monitoring as is specified in the Unaccompanied

Children Policy Guide Section 3.3.4 Safety Planning and Unaccompanied Children Policy

Guide Section 4.4.2 Staffing Plans and Video Monitoring Restrictions and meet minimum safety and security related requirements in compliance with state licensing standards and not pose any safety threats to unaccompanied children in event unaccompanied children attempt to flee from facility.

3. Must have effective video monitoring of exterior of building and surrounding premises as is specified in Unaccompanied Children Policy Guide Section 3.3.4 Safety Planning and

Unaccompanied Children Policy Guide Section 4.4.2 Staffing Plans and Video Monitoring

Restrictions.

4. Access to program activities for residents to engage in age-appropriate recreational and leisure activities of the child’s choice through daytime and evening hours, avoiding unproductive and idle down time (see Unaccompanied Children Policy Guide Section 3.3.7

Services Related to Culture, Language, and Religious Observation and 3.3.8 Recreation and

Leisure Time Services).

General Facility Requirements:

Contractor facilities shall be licensed to provide youth services in their respective states and shall comply with Flores v. Reno, CV 85-4544RJK (C.D. Cal. 1996) FSA for as long as it remains in effect during the lifetime of this contract; pertinent, federal laws and regulations; and ORR policies and procedures, including, but not limited to, the ORR Policy Guide and Manual of

Procedures. The contractor shall be familiar with ORR's policies, instructions, and procedures found at: https://www.acf.hhs.gov/orr/policy-guidance/unaccompanied-children-program-policy-guideas it provides critical information to the overall program design.

All care providers included as in-network through formal agreements for this program shall be in compliance with the DOJ regulations on the National Standards to Prevent, Detect, and Respond to

Prison Rape 28 CFR Part 1150 and as applicable ORR policies and procedures addressing sexual abuse and sexual harassment. DOJ regulations on the National Standards to Prevent, Detect, and

Respond to Prison Rape (28 Page 5 of 95). CFR Part 1150 is found at https://www.govinfo.gov/content/pkg/FR-2012-06-20/pdf/2012-12427.pdf. Contractor facilities shall be in compliance with 45 CFR PART 311 – STANDARDS TO PREVENT, DETECT, AND

RESPOND TO SEXUAL ABUSE AND SEXUAL HARRASSMENT INVOLVING

UNACCOMPANIED CHILDREN 45 CFR § 411.13 Unaccompanied Children Supervision and monitoring.

(a) Care provider facilities must develop, document, and make their best effort to comply with a staffing plan that provides for adequate levels of staffing, and, where applicable under State and local licensing standards, video monitoring, to protect unaccompanied children from sexual abuse and sexual harassment.

(b) In determining adequate levels of unaccompanied children supervision and determining the need for video monitoring, the care provider facility must take into consideration the physical layout of the facility, the composition of the unaccompanied children population, the prevalence of substantiated and unsubstantiated incidents of sexual abuse and sexual harassment, and any other https://www.govinfo.gov/content/pkg/FR-2012-06-20/pdf/2012-12427.pdf https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=e2787ee5a7a152112d0abaaffa09e098&term_occur=999&term_src=Title:45:Subtitle:B:Chapter:IV:Part:411:Subpart:B:411.13 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=e2787ee5a7a152112d0abaaffa09e098&term_occur=999&term_src=Title:45:Subtitle:B:Chapter:IV:Part:411:Subpart:B:411.13 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=47cd2f81f6fa053205473d7417f9e539&term_occur=999&term_src=Title:45:Subtitle:B:Chapter:IV:Part:411:Subpart:B:411.13 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=93920144f9235ff5122dfc44af8764e8&term_occur=999&term_src=Title:45:Subtitle:B:Chapter:IV:Part:411:Subpart:B:411.13 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=e2787ee5a7a152112d0abaaffa09e098&term_occur=999&term_src=Title:45:Subtitle:B:Chapter:IV:Part:411:Subpart:B:411.13 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=47cd2f81f6fa053205473d7417f9e539&term_occur=999&term_src=Title:45:Subtitle:B:Chapter:IV:Part:411:Subpart:B:411.13 relevant factors. Video monitoring equipment may not be placed in any bathroom, shower or bathing area, or other area where unaccompanied children routinely undress.

(c) Care provider facilities must conduct frequent unannounced rounds to identify and deter sexual abuse and sexual harassment. Such rounds must be implemented during night as well as ay shifts.

Care provider facilities must prohibit staff from alerting others that rounds are occurring unless such announcement is related to the legitimate operational functions of the care provider facility.

1.7 Scope: Comprehensive Services

Required services include:

Acculturation and Adaptation Services shall provide services that include the development of social and interpersonal skills that contribute to the ability to live independently and responsibly in the community. Minors placed in secure care do not go out for community outings. However, contractor shall ensure activities for unaccompanied children in secure care include development of social and interpersonal skills and contribute to the ability to live independently.

Planned Activities shall ensure unaccompanied children participate in activities according to a recreation and leisure time plan that includes daily outdoor activities, weather permitting, of 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. Activities shall be increased to a total of three (3) hours daily on weekends and on other days when school is not in session. Recreation and leisure time activities are separate from the required physical education during school day instruction.

Case Management Services shall be implemented and administered through a case management system that tracks and monitors the progress of unaccompanied children on a regular basis to ensure that each unaccompanied child receives the full range of program services in an integrated and comprehensive manner; and input data into ORR database called the Official System of

Records (also known as Unaccompanied Children Portal). Case management services shall be provided seven (7) days a week and ensure continuity during holidays. Case managers shall remain up to date on ORR reunification policies and procedures and ensure timely release of minors with viable ORR approved sponsors. ORR Policies can be found at http://www.acf.hhs.gov/programs/orr/resource/children-entering-the-united-states- unaccompanied.

http://www.acf.hhs.gov/programs/orr/resource/children-entering-the-united-states-

Disabilities Services shall be provided for unaccompanied children with a verified disability.

Disabilities services will include evaluation services for children suspected of possessing a disability. If an unaccompanied child is found to have a disability, then an Individual Education

Plan (IEP) will be developed by qualified education staff and a 504 Services plan will be implemented. In addition, if the behaviors/symptoms displayed by the child is tied to the reasons they are in the stepped-up facility, then they will need to explain the reasons that the current placement is appropriate and cannot be met at a less restrictive level of care. The 504 Service Plan will be reviewed periodically in alignment with their 30-day Notice of Placement (NOP).

Education Services shall be provided daily for a minimum of six (6) hours Monday – Friday, year-round and to be appropriate to the unaccompanied children’s level of development, education and communication skills. Instruction time shall be administered in a structured classroom setting designed for unaccompanied children and concentrate primarily on the development of basic academic competencies and secondarily on English language training. The program shall consist of instruction, education materials, and other reading materials in the following academic areas:

science, social studies, mathematics, reading, writing, physical education and shall provide appropriate leisure time reading in other languages.

Group Counseling Sessions shall occur twice a week at a minimum. One (1) of the sessions may be substituted by family or house meetings. At least one (1) of the sessions shall be provided according to a psycho-educational curriculum that may be adjusted according to the needs of the population. Session topics shall be designed for the secure population, which includes, but is not limited to, topics on drug and alcohol abuse, education on gangs and cartel, etc.

Individual counseling shall be provided for all unaccompanied children in care at least one (1) individual counseling session per week by a qualified clinician. Counseling sessions shall meet the specific objective 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 unaccompanied children.

Individualized Needs Assessments shall be provided for all unaccompanied children in care to include individualized ongoing assessments. The first Initial Intake Assessment shall be completed within 24 hours of admission. An assessment of risk shall be conducted within 72 hours and updated every 30 days to include a psychosocial summary noting and evaluating current medical information, and an assessment for trauma and human trafficking.

Individual Service Plans (ISP) – Care providers shall be required to complete a comprehensive and realistic ISP for all unaccompanied children in accordance with the child’s needs, as determined by the assessments and assessment of any trafficking concerns. ISPs shall be implemented and closely coordinated through an operative clinical assessment and intervention plan and, through

ORR’s case management system, the Official System of Record (also known as the UC Portal). The

ISP shall 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 shall 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 TVPRA of 2008. Same-gender supervision shall be provided when indicated by individual treatment needs.

Legal Services and Rights to Privacy. All unaccompanied children in care shall be provided with

ORR-supplied information regarding availability of free legal assistance, the right to be represented by counsel at no expense to the federal 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. The

ORR has a nation-wide contract for the provision of legal services. The contractor’s responsibility is to coordinate with the legal services contractor to provide the legal services for unaccompanied children in the contractor’s care. The contractor’s responsibility is to ensure children have access to the legal support services so they can perform “Know Your Rights” presentations, legal screenings, private meetings, and phone calls. As unaccompanied children meet individually and in groups with the ORR-funded legal service providers to receive legal services and assistance, the contractor shall ensure sufficient scheduled private time for unaccompanied children and spaces free from extraneous noise and distractions, to exclude the use of bedrooms or dorms, and transport unaccompanied children to all hearings or proceedings to which they are a party. Unaccompanied children have a reasonable right to privacy that includes the right to the following: (a) wear his or her own clothes; (b) retain a private space in the residential facility for the storage of personal belongings; (c) talk privately on the phone, as permitted by the facility’s rules and regulations; (d) reviewed with unaccompanied children upon placement with a focus on safety, respect, and group living.

Maintenance of Case Files. The contractor shall have written policies and procedures for organizing and maintaining comprehensive, accurate, and up-to-date case files and electronic records on all unaccompanied children for both open and closed case files; that incorporate state licensing, accrediting agency requirements and ORR policies and procedures. All unaccompanied children records are the property of ORR and shall be made available to ORR upon request.

Electronic records shall include those on the contractor’s network drive and those on the Official

System of Record (also known as the UC Portal). Maintenance of case files shall be in compliance with 45 CFR § 75.303(e) to take reasonable measures to safeguard protected personally identifiable information of such as name, date of birth and A-number.

Medical Services. The contractor shall establish relationships with health care providers who will 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. The contractor shall provide prescribed medication administration; special diets; and arrange for mental health interventions and forensic medical examination, as necessary.

Mental Health Services shall include regular on-site individual and group counseling sessions, and to have an ability to access community mental health services for unaccompanied children with special needs. Community mental health services shall 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. ORR provides funding to employ on site clinicians who will meet with unaccompanied children at a minimum one time a week for individual sessions; and they will also perform clinical groups no less than 1x a week and will organize a community group 1x a week for US.

Nutritional Services shall be provided in accordance with U.S. Department of Agriculture and

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 religious or spiritual requirements.

Orientation for all unaccompanied children admitted shall occur upon 48 hours of admission and shall be a comprehensive program orientation that covers the program's services, rules (written and verbal), and all other pertinent information about the facility and program expectations. The orientation shall be provided in formats that are accessible to unaccompanied children who are limited English proficient, deaf, visually impaired, or otherwise disabled, as well as those who have limited reading skills. In addition, care providers shall ensure effective communication for unaccompanied children with communication disabilities.

Rules and Behavior Management rules and discipline standards shall be formulated with consideration for the range of ages and maturity levels of unaccompanied children in the program and with cultural sensitivity towards all unaccompanied children. Standards shall encompass strength-based behavior management and trauma-informed care approaches such as using conflict resolution, problem-solving skills, and de-escalation techniques helping children and youth learn accountability and self-control. The standards shall include an evidenced-based behavior management system that focuses on improving social skills, addressing behavior issues in a non-punitive way, and preparing unaccompanied children to successfully integrate into a least restrictive level of care or community setting. Each shelter shall have basic rules posted in both

English and Spanish. Care providers shall ensure rules and any other ORR-required documents are accessible to unaccompanied children is whose primary language is not English or Spanish and, where possible, include visuals that are subject to verification by ORR. These rules shall be expectations, zero tolerance policy towards sexual abuse and sexual harassment, and the availability of free legal assistance.

Religious Access shall be provided or arranged for access to religious services and counseling of the unaccompanied child’s choice when possible.

Visitation and Phone Call opportunities shall be provided for unaccompanied children to make a minimum of two (2) telephone calls per week (10 minutes each) to family members and/or sponsors, in a private setting. There is no limit on the length of calls for unaccompanied children with their attorneys of record. Unaccompanied children are allowed to call both family members and sponsors living in the United States and abroad. Unaccompanied children also have a right to receive visitors. Attorneys of record are required to have reasonable access to unaccompanied children according to ORR’s Division of Unaccompanied Children Operations instructions and procedures and care provider time and place restrictions.

Transportation services shall provide unaccompanied children with transportation services to local airports and, if necessary, provide an escort for the unaccompanied children according to

ORR policies to local services and appointments, such as medical and dental appointments, immigration court hearings, or community services as part of the Individual Service Plan (ISP).

1.8 TASKS

1.8.1 TASK 1: PARTICIPATE IN CONTRACT POST-AWARD KICK OFF MEETING

The contractor shall participate in a post award kick-off meeting that serves as an introduction between the contractor and federal personnel who will be involved with the contractor’s administration and will provide an opportunity to discuss technical, management, and security and reporting procedures. The kick-off meeting shall be held within five (5) government business days after contract award. The kick-off meeting will be for a full half-day and may be scheduled as virtual. The kick-off meeting shall provide time to review the contract tasks and deliverables together and discuss key issues impacting the successful launch of the base year of the contract. A list of subject matter items the contractor shall be prepared to discuss during the kick-off meeting include, but are not limited to:

• Overview of contract requirements; and contractor’s in-network capacity and plans.

• Contractor’s key personnel and any vacancies in key personnel positions.

• Notification of Unaccompanied Children in ORR custody requiring transfer or admission.

• Review of written documents which require ORR prior approval.

• Discuss roles and responsibilities of Federal Field Specialists (FFS) and other key stakeholders (Immigration Attorney’s, Young Center Advocates, Immigration Customs

Enforcement (ICE), Customs and Border Patrol (CBP), Contact Officer Representative

(COR); and discuss the Federal Government structure (HHS; ACF; ORR; DUCO) and

ORR/DUCO hierarchy in regard to ORR’s legal custody and the contractor’s physical custody and care of unaccompanied children.

• Scheduling of UC Policy training to be completed with all in-network care providers.

• Monthly invoice requirements and Attachment A: Compliance Verification/Incentive Fee.

As part of Task 1, the contractor shall submit a draft kick-off meeting report summarizing issues discussed, any resolutions or action items resulting from the kick-off meeting. The contractor shall submit a draft kick-off meeting report to the Contracting Officer Representative (COR) and

Contracting Officer (CO) no later than five (5) government business days after the kick-off meeting for review. The COR and CO will return the draft report to the contractor within three (3) government business days of receipt with any comments, questions, or requests for clarifications.

The contractor shall fully address the government’s comments, questions, and requests for clarifications, and submit a final report to the CO and COR no later than three (3) government business days after receiving the draft report with government comments.

1.8.2 TASK 2: DEVELOP WRITTEN MATERIALS TO SUPPORT CONTRACT ACTIVITIES

The contractor shall have ready to submit to the COR and Federal Field Specialist Leads at the post-award kick-off meeting a copy of the contractor’s program operation manual, written policies and protocols, and any other key written documents that will be used to govern and support the delivery of high-quality services for unaccompanied children at each of the contractor’s in-network special population care provider facilities. The ORR does have existing policy, procedures, federal statutes, and settlement agreements that will be shared in order for the contractor to develop their internal manuals, handbooks, protocols, policies, and other program operation and management documents. The COR and Federal Field Specialist Leads for this contract shall be available for questions and technical assistance for the duration of the contract. Written materials shall include forms that will support activities for completing Family Reunification Applications, vetting of sponsors, and post-release services for unaccompanied children. Additional written materials shall provide information about the care provider organizations, and how ORR required services will be administered along with their existing services to support unaccompanied children. The contractor shall provide an organizational chart that outlines the roles and responsibilities for all staff.

Additionally, forms and materials shall be provided to the COR and Federal Field Specialist Leads on how each in-network care provider program will be trained to meet ORR, state licensing and any accreditation requirements. Written protocols shall include how ORR approved biological or sponsor family members will receive any training or support and be included in care decisions and any plans for discharge and eventual family reunification as deemed appropriate and with the goal to support successful family reunifications.