Foa_Content_of_HHS-2023-ACF-ORR-ZU-0162_FY24 Mod.pdf

Administration for Children and Families

Office of Refugee Resettlement

Residential (Long Term Foster Care) Services for Unaccompanied Children

HHS-2023-ACF-ORR-ZU-0162

Application Due Date: 07/07/2023

Due Date for Applications:

FY 2024: 7/07/2023 (Project Period 1/1/2024 - 12/31/2027)

FY 2025: 01/03/2025 (Project Period 4/1/2025 - 3/31/2028)

Table of Contents Executive Summary

I. Program Description

PROGRAM STRUCTURE

Licensing Requirements

Placement Structure

Facility Requirements

UC Eligibility

Foster Parent/House Parent Requirements

PROGRAM STAFFING REQUIREMENTS

Training Requirements

Key Personnel

PROGRAM REQUIREMENTS

FAITH-BASED ORGANIZATIONS

SUBAWARDS

POST-AWARD REQUIREMENTS

Service Contract Act Requirements

Coronavirus Disease and Other Communicable Diseases

Program Performance Evaluation

Residential (LTFC) Services for UC Program Evaluation

Required UC Reporting

PROPERTY

II. Federal Award Information

III. Eligibility Information

III.1. Eligible Applicants

III.2. Cost Sharing or Matching

III.3. Other

IV. Application and Submission Information

IV.1. Address to Request Application Package

IV.2. Content and Form of Application Submission

Required Forms, Assurances, and Certifications

The Project Description

The Project Budget and Budget Justification

Application Submission Options

IV.3. Unique Entity Identifier (UEI) and System for Award Management (SAM)

IV.4. Submission Dates and Times

Explanation of Due Dates

Acknowledgement of Received Application

IV.5. Intergovernmental Review

IV.6. Funding Restrictions

IV.7. Other Submission Requirements

V. Application Review Information

V.1. Criteria

V.2. Review and Selection Process

V.3. Anticipated Announcement and Federal Award Dates

VI. Federal Award Administration Information

VI.1. Federal Award Notices

VI.2. Administrative and National Policy Requirements

VI.3. Reporting

VII. HHS Award Agency Contact(s)

VIII. Other Information

Reference Websites

Application Checklist

Appendix

Appendix A: Service Contract Act (SCA) Labor Standards Clauses for Federal Service Contracts Exceeding $2,500 (29 CFR 4.6)

Appendix B: Executive Order 14026- Increasing the Minimum Wage for Federal Contractors- 29 CFR Appendix A to Part 23

Appendix C: Executive Order 13706, Establishing Paid Sick Leave for Federal Contractors ..93

Appendix D: Performance Metrics

Funding Opportunity Title:

Residential (Long Term Foster Care) Services for Unaccompanied Children Announcement Type:

Modification Funding Opportunity Number:

HHS-2023-ACF-ORR-ZU-0162

Primary CFDA Number:

93.676 Due Date for Applications:

07/07/2023 Due Date for Applications:

FY 2024: 7/07/2023 (Project Period 1/1/2024 - 12/31/2027)

FY 2025: 01/03/2025 (Project Period 4/1/2025 - 3/31/2028)

Executive Summary

Notice:

Applicants are strongly encouraged to read the entire notice of funding opportunity (NOFO) carefully and observe the application formatting requirements listed in Section IV.2. Content and Form of Application Submission. For more information on applying for grants, please visit "How to Apply for a Grant" on the ACF Grants & Funding Page at https://www.acf.hhs.gov/grants/how-apply-grant.

For Fiscal Year (FY) 2024 competition. The Office of Refugee Resettlement (ORR) has modified: Section I. Program Description; Section II. Federal Award Information; Section IV.2. Content Form Application Submission; Section IV.4. Submission Dates and Times;

Section V.I. Criteria; and Section VI.2. Administrative and National Policy Requirements.

SAM.gov System Alert: Entity Validation Delays Due to high demand, SAM.gov is experiencing a considerable delay in processing entity legal business name and address validation tickets. As needed, please start the process early to avoid interruptions in application submissions. You can find SAM resources related to this process here -https://www.fsd.gov/gsafsd_sp?id=kb_article_view&sysparm_article=KB0058422&sys_kb_id= 7bb8810ddba05990060d5425f3961912&spa=1.

The Office of Refugee Resettlement, Division of Unaccompanied Children’s Operations (ORR/DUCO), within the Administration for Children and Families (ACF), provides temporary shelter care and other child welfare-related services to unaccompanied children (UC) in ORR custody. Residential services begin once ORR accepts a UC for placement and end when the UC is released from ORR custody, turns 18 years of age, or the UC's immigration case results in a final disposition of removal from the United States. Residential services and other child welfare-related services are provided by state-licensed residential care programs in the least restrictive setting appropriate for the UC's age and needs.

ORR is publishing this Standing Notice of Funding Opportunity (SNOFO) to seek long-term foster care (LTFC) providers. For the purposes of this SNOFO, the term "care provider" refers to the prime recipient and, if applicable, its subrecipient(s). LTFC providers, or care providers, are required to be licensed (child placement license and any other required license according to state regulations) in the state in which they are located to provide foster care services and are required to meet the needs of UC by providing quality care in a community setting. These settings can be in a traditional foster care placement or a group home placement setting. UC who may qualify for placement in LTFC include the following: UC between the ages of 0-17 years of age, sibling groups, pregnant/parenting teens, and/or UC who are especially vulnerable or with other needs.

https://www.acf.hhs.gov/grants/how-apply-grant https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.fsd.gov%2Fgsafsd_sp%3Fid%3Dkb_article_view%26sysparm_article%3DKB0058422%26sys_kb_id%3D7bb8810ddba05990060d5425f3961912%26spa%3D1&data=05%7C01%7CSarah.Lucas%40acf.hhs.gov%7Cc4ac8bfbc43d4b89fd9908da9fc8a362%7Cd58addea50534a808499ba4d944910df%7C0%7C0%7C637997981326523410%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=sSogT%2BBrCA52Ns4680SVVRHV8VgB%2FYiyuQEF4WbMyLc%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.fsd.gov%2Fgsafsd_sp%3Fid%3Dkb_article_view%26sysparm_article%3DKB0058422%26sys_kb_id%3D7bb8810ddba05990060d5425f3961912%26spa%3D1&data=05%7C01%7CSarah.Lucas%40acf.hhs.gov%7Cc4ac8bfbc43d4b89fd9908da9fc8a362%7Cd58addea50534a808499ba4d944910df%7C0%7C0%7C637997981326523410%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=sSogT%2BBrCA52Ns4680SVVRHV8VgB%2FYiyuQEF4WbMyLc%3D&reserved=0

All entities funded under this SNOFO must also comply with Flores v. Reno, Case No. CV 85- 4544 RJK (C.D. Cal. 1996) (the Flores Settlement Agreement); pertinent federal laws and regulations; and ORR policies and procedures, including, but not limited to, the ORR Policy Guide and Manual of Procedures. ORR encourages applicants to review ORR's policies, instructions, and procedures at: https://www.acf.hhs.gov/orr/policy-guidance/unaccompanied-children-program-policy-guide as these will be critical to the overall program design. Please see Section VI.2. Administrative and National Policy Requirements, Pertinent Federal Laws and Regulations for the UC Program, for a list of relevant federal laws and regulations.

I. Program Description

Statutory Authority

This program is governed by section 462 of the Homeland Security Act of 2002 (HSA of 2002), 6 U.S.C. § 279, which transferred responsibility for the care and custody of UC, as defined, from the Commissioner of the former Immigration and Naturalization Service to the Director of ORR.

In making decisions on placement and residential services provided to UC, the Director is governed by section 462 of HSA of 2002; section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA of 2008), 8 U.S.C. § 1232, as amended; relevant portions of the Prison Rape Elimination Act of 2003 (PREA of 2003), 42 U.S.C. § 15607, as amended; and when it is not inconsistent, the Flores Settlement Agreement, Case No. CV 85-4544-RJK (C.D. Cal. 1996).

In December 2014, the Department of Health and Human Services (HHS) released the Interim Final Rule (IFR) on standards to prevent, detect, and respond to sexual abuse and sexual harassment involving UC (45 CFR Part 411). The IFR sets forth standards to prevent, detect, and respond to sexual abuse and sexual harassment in ORR care provider facilities that house UC in accordance with section 1101(c) of the Violence Against Women Reauthorization Act of 2013, Public Law 113-4 (VAWA 2013). VAWA 2013 directed the Secretary of HHS to adopt national standards for the detection, prevention, reduction, and punishment of rape and sexual assault in facilities that maintain custody of UC. The standards apply to all ORR care provider facilities housing UC except secure care provider facilities and individual foster care homes. The standards build upon and enhance existing state and local laws, regulations, and licensing standards.

Description

BACKGROUND

The primary function of ORR/DUCO is to provide temporary shelter care and other related services to UC in ORR custody. The HSA of 2002 section 462(g)(2) uses the term “unaccompanied alien children,” but ORR uses the term “unaccompanied children” or “unaccompanied child.” An Unaccompanied Child is a child who “has no lawful immigration status in the United States; has not attained 18 years of age; and with respect to whom there is no parent or legal guardian in the United States; or no parent or legal guardian in the United States is available to provide care and physical custody” (6 U.S.C. 279(g)(2)).

Although the UC population generally consists of adolescents 12 to 17 years of age, with males https://www.acf.hhs.gov/orr/policy-guidance/unaccompanied-children-program-policy-guide https://www.acf.hhs.gov/orr/policy-guidance/unaccompanied-children-program-policy-guide representing a higher percentage of the overall population, ORR is seeking applicants who can provide services for a diverse population of UC of all ages, abilities and genders, as well as pregnant and parenting teens. ORR is seeking applicants that have the flexibility to care for the expanding cultural and linguistically diverse populations that are referred each year to the UC program. Successful applicants are expected to provide culturally competent services for all minors referred to and accepted by ORR from any country. Please refer to Section VIII. Other Information, Reference Websites for guidance on implementing culturally and linguistically appropriate services.

UC are in the legal custody of the federal government but are in the physical custody of the care provider. For the purposes of this SNOFO, the term “UC” refers to unaccompanied children as defined by 6 U.S.C 279(g)(2), and any other children served by the UC Program. The length of time that a UC remains in ORR custody must be no longer than necessary to facilitate a safe and timely release. The size of the UC population in ORR custody will fluctuate depending on the number of UC that the U.S. Department of Homeland Security, or other federal agencies, refer to ORR for placement and the rate at which UC are discharged from ORR custody.

UC are referred to LTFC following an initial placement in an ORR/DUCO care provider facility, after efforts for the safe and timely release indicated that no sponsor is willing or able to care for the UC, and the UC is expected to have a protracted length of time in ORR care. Care providers must timely process LTFC referrals in accordance with state licensing requirements, ORR’s program requirements and policies, consideration for the type of legal relief available in the state, and the group/ foster homes that are available for placement. Legal relief is an important element of the referral process; however, it is not the deciding factor for referral acceptance. LTFC providers meet the individual needs of UC aged from 0-17, sibling groups, pregnant/parenting teens, and/or UC who are especially vulnerable or with other special needs.

PROGRAM STRUCTURE

Licensing Requirements

Care providers must be licensed (child placement license and any other required license according to state regulations) to deliver foster care services by the relevant state or local agency or authority with jurisdiction where services will be rendered. Care providers must provide documentation of state or county licensing to provide LTFC beds including information on capacity, age/gender permitted, and allowable length of stay. Care providers must also have state-certified caregivers, referred to as a “foster parent,” “house parent,” or an equivalent (as accepted by ORR) such as “resource parent.” Care providers are responsible for recruiting, assessing, selecting, credentialing, training, monitoring, and retaining foster/house parents and foster care sites.

Applicants that do not provide the required documentation with their application will be disqualified from review and from funding under this SNOFO. See Section III.3 Other, ORR Disqualification Factor and Section IV.2. The Project Description, Addional Eligibility Documentation.

In accordance with ORR Policy Guide and Manual of Procedures, care providers must report any allegations and/or concerns of abuse and/or neglect; and any denials, suspension, and/or revocation of their and, if applicable, any subrecipient(s)' licensing to provide child-welfare related services. The reporting period covers the past 5 years.

Placement Structure

LTFC placement types vary depending on the placement setting and level of care provided.

Applicants can apply for one, multiple, or all of the following levels of care under this SNOFO.

Basic foster care: UC resides with an unrelated licensed foster parent(s) and requires only the minimal services required in a licensed foster care setting.

Therapeutic foster care: UC resides with an unrelated licensed foster parent(s) but receives additional treatment services and/or supervision specific to the UC's identified treatment needs. UC with significant emotional, behavioral, medical, and/or developmental needs receive structured treatment within a therapeutic foster care setting.

Basic group home: UC resides in a group care living arrangement with a designated house parent(s) and/or staff. This setting is generally used for UC who do not wish to be placed in a family setting or for whom a family setting has not been located.

Therapeutic group home: UC resides in a group care living arrangement with a designated house parent(s) and/or staff. This setting is used for those UC who have difficulties within a family setting and require therapeutic services/interventions because of significant emotional, behavioral, medical, and/or developmental needs. The UC receives additional treatment services and/or supervision specific to the UC identified treatment needs.

In addition to the LTFC placement types mentioned above, care providers must have respite care homes available. Respite care is short-term care for UC by someone other than the primary foster parent(s) and is intended to give foster parent(s) and UC the chance to have short periods of time apart. Respite care can also be used in emergency situations or other extenuating circumstances.

Facility Requirements

Care providers must incorporate child welfare best practice standards and emphasize a child-centered, trauma-informed approach while working with UC. LTFC care providers must comply with all applicable state child welfare laws and regulations and all state and local building, fire, health, and safety codes.

Care provider facility(ies) must be readily accessible to visitors, staff, and UC 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.

Care provider facility(ies) are required to be located in areas easily accessible to immigration courts; pro bono legal services; national airports, and community mental health, dental, and medical services providers. Care providers must make accommodations to allow the UC to meet privately with their attorney.

Care providers are required to have a security system to monitor the care provider facility(ies) (not individual foster homes) from unauthorized entrance and egress, including the use of alarm systems and video monitoring. All security measures are required to be in compliance with state licensing standards and not pose a threat to the safety of UC in the event a UC attempts to flee from the facility. In the event a care provider provides services to UC at a central location or location other than an individual foster care home, relevant security features such as the use of video monitoring and storage are required. Any video monitoring system should include the ability to permanently download footage when necessary. When selecting and purchasing video monitoring and telecommunications systems, care providers must adhere to Prohibition on Expending HHS Award Funds for Covered Telecommunications Equipment or Services as per 2 § C.F.R. 200.216.

Information on real property cost restrictions for the UC Program can be found in Section IV.6.

Funding Restrictions.

UC Eligibility

UC may be eligible for LTFC if they meet the following criteria:

are expected to have an extended stay of 4 months or more in ORR custody and remain without a viable sponsor or potential sponsorship option;

are under the age of 17 years and 6 months old at the time of placement;

are currently placed in an ORR care provider shelter (specifically in a congregate care setting);

are not otherwise ineligible for LTFC under ORR Policy Guide Section 1.2.6.

ORR also considers the following when making long-term placement decisions:

UC’s mental, emotional, behavioral, and physical health needs;

UC’s ability and commitment to live in a family and community-based setting;

UC’s age;

the availability of an appropriate placement that meets the UC's needs;

on a case-by-case basis for UC who will have a longer stay because of other circumstances.

Foster Parent/House Parent Requirements

Care providers are required to follow the requirements of their state licensing agency (child placement license and any other required license according to state regulations). At a minimum, foster parents must meet all the following requirements:

Be at least 21 years of age;

Be able to show proof of immunity to the following vaccine-preventable diseases that are transmitted by the respiratory route:

https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-C/section-200.216 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-C/section-200.216 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-C/section-200.216 https://www.acf.hhs.gov/orr/policy-guidance/children-entering-united-states-unaccompanied-section-1#1.2.6 o Varicella: two doses of varicella vaccine (at least 4 weeks apart) OR born in the United States before 1980 with a reported history of chickenpox (verified by an adult present at the time of illness) OR titers indicating varicella immunity OR documentation from healthcare provider verifying previous infection.

o Measles, Mumps and Rubella (MMR): two doses of MMR vaccine (at least 4 weeks apart) OR titers indicating immunity to all three diseases.

o Tetanus, Diphtheria, Pertussis (DTaP or Tdap): complete DTaP primary vaccination series. If primary vaccination series completed in childhood, one DTaP dose in adulthood.

o Influenza: one dose annually during flu season.

o COVID-19: Fully vaccinated against COVID-19 (two doses of Pfizer-BioNTech;

or two doses of Moderna; or one dose of Janssen), with appropriate boosters if they become necessary. An individual is considered fully vaccinated 2 weeks after their final dose. Additional dose(s): a third vaccine dose for certain groups of people, or booster dose(s) as recommended by the Centers for Disease Control and Prevention.

o Be able to meet family’s current financial obligations;

o Reside in a home that passes health and fire inspection; and o Obtain a background check clearance prior to minor placement (including fingerprint background checks, child abuse and neglect checks, and other checks as required) in accordance with state law, including background checks of household members, the result of which must be available to ORR.

o Licensed homes will not cohabitate UC with children from the U.S. domestic foster care system. Foster homes are to provide housing and care for UC only, at a given time.

All foster parents that are identified to care for UC must meet the care provider's and the state's regulatory requirements and be actively licensed/certified to provide LTFC services. Care providers must recruit foster parents who are willing to foster UC males between the ages of 15- 17 as they represent the majority of UC eligible for LTFC. Care providers must recruit a variety of foster parents to meet the diverse linguistic, cultural, religious, Lesbian, Gay, Bisexual, Transgender, Queer, and intersex (LGBTQI+), and special needs of the UC population. This consideration should include the different placement types and levels of care for LTFC.

PROGRAM STAFFING REQUIREMENTS

Care providers are required to develop, implement, and document a staffing plan based on the population served, the scope and type of services provided, anticipated requirements, staff vacancies, and budgets. The staffing plan must include staffing ratios in accordance with state licensing requirements (child placement license and any other required license according to state regulations), and as required by ORR’s policies and procedures. Care provider facilities must be staffed with qualified professionals, bilingual professionals, paraprofessionals, and support staff to meet the diverse needs, level of care, supervision, safety, and well-being requirements of UC.

Care providers must also include a plan to ensure sufficient staffing to cover one-on-one safety planning, when necessary. All staff, specifically case management staff, must be proficient in using the internet and related computer programs, including ORR’s Official System of Record

(also known as the UC Portal).

ORR requires care providers to supervise UC in accordance with ORR Policy, which includes staffing ratios and licensing requirements (child placement license and any other required license according to state regulations). For the purposes of this SNOFO, ORR requires the following ratios:

One case manager for every 8 UC;

One clinician for every 12 UC;

One on-duty staff for every 8 UC during waking hours in a group home setting; and One on-duty staff for every 16 UC during sleeping hours in a group home setting.

Supervision policies for youth in foster home settings are established in accordance with prudent parenting guidelines and the foster parent guidelines or at the care provider’s discretion, taking into account the needs of the youth and safety planning pursuant to the Federal Preventing Sex Trafficking and Strengthening Families Act Public Law 113-183.

Care providers are subject to the provisions of the Service Contract Act (SCA). For more information, please refer to Section I. Program Description, Post-Award Requirements, Service Contract Act Requirements.

Additional or backup staff must be available for emergency situations or to meet the special needs of the UC program during capacity surges or when there is an increase in the needs of the population resulting in higher staff ratios. Rotating after-hours and holiday coverage personnel must also be available. To ensure the continued safe and timely discharge of children and continuity of care, ORR expects care providers to maintain a 7-day case manager coverage schedule for cases requiring case movement, such as when a sponsor has been identified, a UC requires post placement planning, or has a change in legal status.

Care providers must complete background investigations on all staff, contractors, volunteers, and adults who reside in or operate foster and/or group homes prior to hire, to ensure the candidate is suitable for employment to work with minors in foster and/or group home settings. Background checks must be completed in accordance with ORR’s policies and state licensing requirements.

At a minimum, a background check must be updated every 5 years. For additional information on the specific types of checks that must be completed, please consult the ORR Policy Guide Section 4.3 Personnel.

All hired staff, including house parents, must (at a minimum):

Be at least 21 years of age;

Possess the relevant experience and/or qualifications to work with UC;

Possess relevant experience and/or qualifications to work with children with special needs;

Be properly trained and licensed, as necessary; and Be able to show proof of immunity to vaccine-preventable diseases transmitted by the respiratory route if working directly with UC, including:

https://www.govinfo.gov/content/pkg/PLAW-113publ183/pdf/PLAW-113publ183.pdf https://www.govinfo.gov/content/pkg/PLAW-113publ183/pdf/PLAW-113publ183.pdf https://www.acf.hhs.gov/orr/policy-guidance/children-entering-united-states-unaccompanied-section-4#4.3 https://www.acf.hhs.gov/orr/policy-guidance/children-entering-united-states-unaccompanied-section-4#4.3 o Varicella: two doses of varicella vaccine (at least 4 weeks apart) OR born in the United States before 1980 with a reported history of chickenpox (verified by an adult present at the time of illness) OR titers indicating varicella immunity OR documentation from healthcare provider verifying previous infection.

o Measles, Mumps and Rubella (MMR): two doses of MMR vaccine (at least 4 weeks apart) OR titers indicating immunity to all three diseases.

o Diptheria, Tetanus, Pertussis (DTaP or Tdap): complete primary vaccination series. If primary vaccination series completed in childhood, one DTaP dose in adulthood.

o Influenza: one dose annually during flu season.

o COVID-19: Fully vaccinated against COVID-19 (two doses of Pfizer-BioNTech;

or two doses of Moderna; or one dose of Janssen), with appropriate boosters if they become necessary. An individual is considered fully vaccinated 2 weeks after their final dose. Additional dose(s): a third vaccine dose for certain groups of people, or booster dose(s) as recommended by the Centers for Disease Control and Prevention.

Please note: Criteria are different for healthcare personnel. More information can be found at https://www.cdc.gov/vaccines/adults/. In addition, some state health codes or regulations require specific health maintenance for staff at licensed facilities. The care provider is responsible for knowing and satisfying requirements beyond ORR's recommendations.

Care providers’ hiring and employment practices must meet all standards outlined in the ORR Policy Guide Section 4.3 Personnel. These standards apply to any care provider staff member, contractor, or volunteer and applies to foster parents.

Training Requirements

Care providers must comply with, and train staff in accordance with, the following ORR Policy Guide Section 4 policies on sexual abuse and harassment:

Maintaining and enforcing a zero-tolerance policy for all forms of sexual abuse, sexual harassment, and inappropriate sexual behavior;

Meeting personnel requirements, including but not limited to background checks, training, and disciplinary sanctions and corrective actions;

Meeting staffing and supervision requirements, including, but not limited to, staffing levels, staffing plans, and video monitoring restrictions;

Providing responsive planning in the event there is an incident of sexual abuse or sexual harassment that occurs at the care provider facility(ies);

Providing a coordinated response with medical and mental health care practitioners, community service providers, outside investigators, and care provider leadership immediately following an incident of sexual abuse or sexual harassment as well as the follow-up necessary to ensure the safety of all children and staff;

Educating UC of policies and topics related to preventing, detecting, and responding to sexual abuse and harassment via an orientation, pamphlets, and bulletin board postings;

https://www.cdc.gov/vaccines/adults/ https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.acf.hhs.gov%2Forr%2Fpolicy-guidance%2Fchildren-entering-united-states-unaccompanied-section-4%234.3&data=04%7C01%7CSarah.Lucas%40acf.hhs.gov%7Ce24ecccaa7404be404ce08d9fd2d239f%7Cd58addea50534a808499ba4d944910df%7C0%7C0%7C637819192587378041%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=zk1xogOtkW%2FBFjI1YZrX5DIrSzvrnmZUjfPiZ4Uq4v4%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.acf.hhs.gov%2Forr%2Fpolicy-guidance%2Fchildren-entering-united-states-unaccompanied-section-4%234.3&data=04%7C01%7CSarah.Lucas%40acf.hhs.gov%7Ce24ecccaa7404be404ce08d9fd2d239f%7Cd58addea50534a808499ba4d944910df%7C0%7C0%7C637819192587378041%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=zk1xogOtkW%2FBFjI1YZrX5DIrSzvrnmZUjfPiZ4Uq4v4%3D&reserved=0 https://www.acf.hhs.gov/orr/policy-guidance/children-entering-united-states-unaccompanied-section-4#4.2 https://www.acf.hhs.gov/orr/policy-guidance/children-entering-united-states-unaccompanied-section-4#4.2

Assessing all UC for risk of being a victim or a perpetrator of sexual abuse while in ORR care and custody in order to inform the UC’s housing, education, recreation, and other service assignments;

Providing medical and mental health care, including services following an incident of sexual abuse; and

Reporting, providing notifications, and following up on sexual abuse, sexual harassment, inappropriate sexual behavior occurring in ORR care; any retaliatory actions resulting from reporting allegations; and staff neglect or violations of responsibilities that contributed to incidents.

Care providers must be familiar with, and train staff on, the issue of human trafficking in order to provide appropriate services to UC who are victims of human trafficking, as well as to protect UC from potential threats of human trafficking. TVPRA of 2000, as amended (22 U.S.C. 7102), defines “severe forms of trafficking in persons” as: "the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purpose of a commercial sex act, in which the commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age"; and "labor trafficking: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery." For more information, visit https://www.acf.hhs.gov/otip.

Training ensures that employees, contractors, volunteers, and foster parents understand their obligations under ORR policies. Care provider facilities must tailor trainings to the unique needs, attributes, and gender of UC in care at the individual care provider facility. For example, an employee must receive additional training if reassigned from a care provider facility that houses only male UC to a care provider facility that houses only females. Care provider facilities must document the completion of all trainings in personnel files. Care provider facilities must review and revise their training and development plan annually based on their training needs.

Key Personnel

Care providers must have job descriptions and selection criteria for all staff positions that state the qualifications, performance standards, and responsibilities for each position (each job description must include a section on the employee's essential functions as mandated by ADA).

Care providers must obtain prior approval from ORR before selecting individuals for the key personnel listed below. Exceptions to the minimum qualifications require ORR’s explicit written approval prior to hire. If there is a change in a key staff position listed below during the period of performance, the recipient must submit a prior approval request for ORR.

Background checks for the below key personnel must be completed in accordance with ORR’s policies and state licensing requirements. At a minimum, a background check must be updated every 5 years. For additional information on the specific types of checks that must be completed, please consult the ORR Policy Guide Section 4.3 Personnel.

Program Director is responsible for the overall management of the programmatic, administrative, financial, and operational systems related to the provision of care and services;

https://www.acf.hhs.gov/otip https://www.acf.hhs.gov/orr/policy-guidance/children-entering-united-states-unaccompanied-section-4#4.3 provision of regular and timely reports to ORR regarding operations, services, and finances;

establishment of a respectful and supportive workplace environment; and elevation of any issues or concerns to ORR. 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 licensed childcare program. The Program Director must possess the administrator’s license for the care provider’s facility(ies).

Assistant Program Director provides support to the Program Director and serves as secondary liaison with ORR. The need for an Assistant Program Director will vary depending on the number of UC served at care provider facility(ies). At a minimum, the Assistant Program Director must have a bachelor’s degree in education, psychology, sociology, or other relevant behavioral science, plus 5 years of progressive employment experience with a social services, or childcare agency or organization.

Lead Clinician coordinates clinical services, trains new clinicians, and supervises clinical staff.

At a minimum, the Lead Clinician must have an MSW, plus 2 years of postgraduate direct service delivery experience; or a master's degree or Ph.D. in psychology, sociology, or other relevant behavioral science in which clinical experience is a program requirement, plus 2 years of postgraduate direct service delivery experience; or bachelor's degree plus 5 years of clinical employment experience in the behavioral sciences. The Lead Clinician must have supervisory experience and be licensed to provide clinical services in the state where the care provider is located.

Clinician conducts mental health assessments, provides ongoing individual and group counseling services, screens for human trafficking concerns, and provides crisis intervention services. At a minimum, the Clinician must have an MSW with clinical experience; or a master’s degree in psychology, sociology, or other relevant behavioral science in which clinical experience is a program requirement; or a bachelor’s degree plus 5 years of clinical employment experience. The Clinician must be licensed or eligible for licensure.

Lead Case Manager is responsible for coordinating case management and safe and timely release services, training new Case Managers, and supervising the work of other Case Managers.

At a minimum, the Lead Case Manager must have a master’s degree in the behavioral sciences, human services, or social services field; or a bachelor’s degree and at least 3 years of progressive employment experience that demonstrates supervisory and case management experience.

Prevention of Sexual Abuse (PSA) Compliance Manager is responsible for managing implementation and ongoing compliance with the HHS IFR: Standards to Prevent, Detect, and Respond to Sexual Abuse and Sexual Harassment Involving Unaccompanied Children (45 CFR Part 411) and ORR policies and procedure related to sexual abuse and harassment. At a minimum, the PSA Compliance Manager must have a bachelor’s degree in the behavioral sciences, human services, or social service field; or a bachelor's degree in business administration or management and at least 1 year of experience working with child welfare standards, best practices, or quality assurance or compliance.

Other Required Staffing To appropriately address the behavioral and mental health needs of children, care providers are required to retain specialized staff who can provide crisis intervention and de-escalation to children beyond the in-house program supports that are typically in place. This specialized service is in addition to the required mental health services and would require, at a minimum, the following staffing:

Behavioral Support Crisis Intervention Specialist Acts as a mentor for the minor, assists program staff in providing stabilization of the minor, teaches social skills, and works with the minor on existing behavioral issues with the clinician.

Oversees the minor's case and its progress and shares updates and recommendations with care provider staff to ensure holistic support for the minor's treatment plan as the minor continues in the existing placement.

Programs are encouraged to find and utilize community resources, partnerships, and local out-of-network placements to further support the needs of UC with special needs.

PROGRAM REQUIREMENTS

Care providers are required to provide services in a structured, safe, and productive environment consistent with their responsibilities under relevant state guidelines, federal law, their cooperative agreement with ORR, and the ORR UC Policy Guide. Care providers must arrange access to outside services on an as-needed basis to address issues that may fall outside the scope or skill -set of the LTFC program. The LTFC program needs to provide support to these outside providers and collaborate on any additional service plans.

Care providers are required to provide or arrange for the required services in a manner that is sensitive to the age, culture, religion, dietary needs, native language, sexual orientation, gender identity, and other important individual needs of each UC. All UC in ORR care are entitled to human rights protections and freedom from discrimination and abuse. Care providers must ensure that all UC who are LGBTQI+ are treated fairly and served during their time in ORR custody. All services and assessments are required to be administered for all UC even if they are in ORR custody for a short period of time. Care providers are required to have the capacity to provide services in the language spoken by the majority of UC in their facility(ies) and/or provide translation services. Most UC in ORR custody speak Spanish.

Care providers are expected to provide all the services under Section I. Program Description, Program Requirements, unless otherwise noted in this SNOFO.

Important Timeframes

Care providers must adhere to specific time-frames for required assessments and/or reports that must be administered to UC.

Report/Assessment Initial Deadline https://www.acf.hhs.gov/orr/policy-guidance/children-entering-united-states-unaccompanied-section-3

Assessment for Risk Within 72 hours of admission and every 90 days thereafter

Individual Service Plan Within 5 days of admission

Initial Intake Assessment Within 24 hours of admission

Initial Medical Exam Within 2 business days (48 hours, excluding weekends and federal holidays) of admission

UC Assessment Within 5 days of admission

UC Case Review

On the UC's 30th day in care and subsequently at least every 30 days until the minor reaches 90 days in care;

when the UC is released or transferred; when there is a substantial change in the UC’s case; or those who continue to meet the criteria for 30-day case review in accordance with ORR policy, procedure, and field guidance.

Acculturation and Adaptation Service Care providers are required to provide services that include the development of social and interpersonal skills that contribute to the ability to live independently and responsibly in the community.

Case Management Services Care providers are required to implement and administer a case management system that tracks and monitors a UC's progress on a regular basis to ensure that each UC receives the full range of program services in an integrated and comprehensive manner. Care providers must provide case management services 7 days a week and ensure case management services are provided during holidays. Case managers are required to meet with UC once a week, at a minimum, either in-person (preferred) or by telephone. Case managers are required to remain up to date on ORR reunification policies and procedures, as well as ensure the timely release of minors with viable sponsors.

The care provider's case management team is also responsible for inputting and maintaining data in ORR's case management system, the Official System of Record (also known as the UC Portal). All placement, transfer, and release requests, as well as all significant incident reports, are processed through this web-based system. When necessary, the care provider's case management staff are required to also work collaboratively with agencies that conduct home studies and provide post-release services. If applicable, care providers are required to conduct safety and well-being follow-up calls to UC and their sponsors 30 days after the UC's release.

Educational Services in a Community-Based School Educational services are required to be provided daily for a minimum of 6 hours, Monday through Friday, and to be appropriate to the UC's level of development, education, and communication skills. Educational services are required to be administered in a structured classroom setting and concentrate primarily on the development of basic academic competencies and secondarily on English language training. The educational program consists of instruction, educational materials, and other reading materials in the following basic academic areas:

Science, Social Studies, Mathematics, Reading, Writing, and Physical Education.

Care providers are required to enroll UC into the local school district of the foster and/or group home. Because LTFC youth attend school in the community, care providers are exempt from providing a minimum of 6 hours of education per day Monday through Friday to UC during the summer months. However, summer education plans must still be established. Programs should tailor educational programming in the summer according to state licensing requirements (child placement license and any other required license according to state regulations) and the youth’s needs.

Individual Counseling Individual counseling, when needed, must be provided by a qualified mental health professional.

Individualized Needs Assessments Care providers are required to provide individualized ongoing assessments for each UC, which include the following:

Initial Intake Assessment must be completed within 24 hours of a UC’s admission. A trained staff member, with the care provider, must use an Initial Intake Assessment form to interview the UC to identify any immediate needs or issues. This assessment guides the interviewer through a series of questions to obtain information about family members, immediate medical or mental health concerns, current medications, and any concerns about personal safety the UC may have.

UC Assessment (initial intake assessment, psychosocial summary, medical information, and trauma and human trafficking assessment) must be completed within 5 days of UC admission to the care provider facility. The UC Assessment gathers initial information relating to the UC's journey, current medical concerns and health history, the UC and family's psychosocial assessment, trauma and substance abuse history, information about a UC's work history or concerns about working to pay off debt, exploitation or trafficking concerns, and other essential data relating to the identification and history of the UC and his/her family.

Assessment for Risk must be completed within 72 hours of admission and updated every 90 days to identify risk factors for potential sexual victimization or sexual abuser tendencies, so early intervention can take place to mitigate any potential risks or safety concerns.

UC Case Review at least every 30 or 90 days assessing the UC’s:

o Mental health and identification of any special medical needs, including any specific issues that may require immediate intervention;

o Educational assessment and plan;

o Ongoing behavioral issues and any previous juvenile justice or criminal involvement;

o Statement of religious preference and practice; and o Identifying information. The UC Case Review continues to pursue additional information regarding the UC's immediate family members, other relatives, or family friends who may be residing in the United States and able to be the UC’s sponsor.

Individual Service Plan Care providers are required to complete a comprehensive and realistic Individual Service Plan (ISP) for each UC in accordance with the UC's needs as determined by the UC Assessment and assessment of any trafficking concerns. ISPs are implemented and closely coordinated through an operative clinical assessment and intervention plan, as well as through ORR’s case management system, the Official System of Record (also known as the UC Portal).

The ISP must be completed within 5 days of admission and every 30 days thereafter until a UC has reached 90 days in care. In cases where human trafficking is suspected or confirmed, the care provider is required to refer the UC to ACF’s Office on Trafficking in Persons and provide or refer the UC for other services to ensure the UC has access to all services guaranteed by TVPRA of 2008. Same sex supervision must be provided when indicated by individual treatment needs.

Legal Services Care providers are required to provide UC with ORR-supplied information about the 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 victims of trafficking have under TVPRA of 2008.

Care providers are required to provide UC with access to ORR-funded legal services. All children in LTFC have the right to be represented by an ORR-funded legal service provider.

Care providers must ensure the availability of sufficient, scheduled private time for UCs in spaces that are free from extraneous noise and distractions and transport UC to all hearings or proceedings to which the UC is a party.

Maintenance of Case Files Care providers must maintain comprehensive, accurate, and up-to-date case files, as well as electronic records on UC that are kept confidential and secure at all times. All UC-related records are the property of ORR and are required to be provided to ORR upon request.

Electronic records include those on the care provider’s network drive as well as those on the Official System of Record (also known as the UC Portal). Care providers must have written policies and procedures for organizing and maintaining the content of active and closed case files that incorporate state licensing requirements, accrediting agency requirements, and ORR policies and procedures. Care providers must ensure compliance with 45 CFR § 75.303(e) to take reasonable measures to safeguard protected personally identifiable information of UC, such as name, date of birth, A-number, etc.

Medical Services Care providers are required to establish relationships with health care providers who will accept

ORR's fee-for-service payment system (if not directly hired by the care provider program) and follow ORR's medical and dental guidelines for the following services:

A complete medical examination (including screening for infectious diseases) within 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 States Advisory Committee on Immunization Practices Immunization Schedule;

Family planning services;

An initial dental exam 60 to 90 days after admission to a care provider program;

Follow-up immunizations; and Emergency health care services.

Care providers must also be able to administer prescribed medications and special diets and arrange for appropriate mental health interventions and forensic medical examination, as necessary. Care providers may only use grant funds to pay for certain medical expenses, such as medical supplies and medical personnel. Please see Section IV.6. Funding Restrictions for more information.

Mental Health Services Care providers are required to offer clinical services, including regular on-site individual and group counseling sessions, and have the ability to access community mental health services for UC with special needs. Community mental health services include psychiatric evaluations and treatment, medication assessments and management, crisis intervention, in-patient acute psychiatric care, and other clinical interventions as identified by ORR. See Section I. Program Description, Program Staffing Requirements, Other Required Staffing for additional information on required staffing.

Nutritional Services Care providers must provide nutritional services in accordance with U.S. Department of Agriculture and HHS nutritional guidelines and state licensing requirements. Care providers must establish procedures to accommodate dietary restrictions, food allergies, health issues, and cultural, religious, or spiritual dietary requirements.

Orientation Within 48 hours of admission, care providers are required to provide every UC with a comprehensive program orientation that covers the program's…