Foa_Content_of_HHS-2023-ACF-ORR-ZU-0167.pdf

Administration for Children and Families

Office of Refugee Resettlement

Residential (Staff Secure) Services for Unaccompanied Children

HHS-2023-ACF-ORR-ZU-0167

Application Due Date: 04/24/2023

Due Date for Applications:

FY23: 4/24/2023 (7/1/2023-6/30/2026)

FY24: 6/30/2024 (1/1/2025-12/31/2028)

FY25: 7/1/2025 (1/1/2026-12/31/2029)

Table of Contents Executive Summary

I. Program Description

PROGRAM STRUCTURE

Licensing Requirements

Facility Structure Requirements

PROGRAM STAFFING REQUIREMENTS

Training Requirements

Key Personnel

PROGRAM REQUIREMENTS

FAITH BASED ORGANIZATIONS

SUBAWARDS

POST-AWARD REQUIREMENTS

Service Contract Act Requirements

Facility Licensure Required Timeline

Residential (Staff-Secure) 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 ..94

Appendix D: Performance Metrics

Funding Opportunity Title:

Residential (Staff Secure) Services for Unaccompanied Children Announcement Type:

Initial Funding Opportunity Number:

HHS-2023-ACF-ORR-ZU-0167

Primary CFDA Number:

93.676 Due Date for Applications:

04/24/2023 Due Date for Applications:

FY23: 4/24/2023 (7/1/2023-6/30/2026)

FY24: 6/30/2024 (1/1/2025-12/31/2028)

FY25: 7/1/2025 (1/1/2026-12/31/2029)

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.

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 care services begin once ORR accepts a UC for placement and end when the minor is released from ORR custody, turns 18 years of age, or the minor’s immigration case results in a final disposition of removal from the United States. Residential care 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 special needs.

ORR is publishing this Standing Notice of Funding Opportunity (SNOFO) to seek staff secure residential care providers. With the exception of certain programs in Texas, Florida, and South Carolina, residential care providers must be licensed (state child placement license and facility license) by an appropriate licensing agency to provide residential care services for children. The state child placement license must be submitted with the application; the facility license should be submitted, if available. See Section I. Program Description, Licensing Requirements for additional information on this SNOFO’s licensing requirements.

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.

Please refer to the Unaccompanied Children’s Program website for additional information on the required services and policies.

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 https://www.acf.hhs.gov/grants/how-apply-grant 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 https://www.acf.hhs.gov/orr/programs/uc 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 with subsequent law, the Flores Settlement Agreement, Case No. CV 85-4544-RJK (C.D. Cal. 1996).

In December 2014, the U.S. 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 unaccompanied children (UC) in ORR custody. 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 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 and genders. Successful applicants are expected to provide culturally competent services for all minors referred to, and accepted by, ORR from any country. 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.

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 "care provider" refers to the prime recipient and if applicable, its subrecipient(s). The length of time that a UC remains in ORR custody must not be 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 that UC are discharged from ORR custody.

PROGRAM STRUCTURE

A staff secure care provider (hereafter referred to as care providers) maintains stricter security measures such as higher staff to UC ratio for supervision to control disruptive behavior and prevent escape. Residential care providers include licensed (state child placement license and facility license) providers operating a staff secure facility or Texas providers that are exempt from state licensure pursuant to 26 Texas Administrative Code § 745.115(1)(B), or Florida providers whose licenses have or will lapse or expire pursuant to Florida Executive No. 21-223, or South Carolina providers whose licenses have or will expire pursuant to South Carolina Executive Order No. 2021-19, who provide residential care and services 24 hours a day, 7 days a week for UC that require a heightened level of supervision that begin at intake and end when the UC is discharged from care. Care providers are required to accept children 24 hours per day, as long as ORR makes a determination to place a child at the program, the placement does not infringe on any licensing requirements (state child placement and facility), and it is safe to do

so. Staff care providers may propose a maximum capacity of 24 beds for care providers facility(ies).

Care providers are required to maintain stricter security measures and higher staffing ratios to control disruptive behavior and discourage escape, but do not require lock-down procedures typically associated with juvenile detention facilities. The care provider, for example, cannot conduct strip searches, utilize mechanical restraints, utilize cell-like sleeping rooms, or employ razor wire, but there must be effective monitoring so that entry to and egress from the building is controlled.

Care providers must comply with Exhibit 1 of the Flores Settlement Agreement and provide proper physical care and shelter for UC that includes, but is not limited to, suitable living accommodations (e.g., bed, chair, desk, and storage for clothing and other personal items);

culturally appropriate meals and snacks; several sets of new clothing; and personal grooming items. For more information on the Flores Settlement Agreement, please see Key Documents for the Unaccompanied Children Program.

Please refer to Section IV.2. The Project Description, Additional Eligibility Documentation for documentation that must be submitted with the application.

Licensing Requirements

With the exception of certain programs in Texas, Florida, and South Carolina, residential care providers must be licensed (state child placement license and facility license) by an appropriate licensing agency to provide residential care services for children. Texas-based programs are excepted from the licensing requirement when either (1) the program had an appropriate license as of August 30, 2021, but the license was rescinded pursuant to 26 Texas Administrative Code (TAC) § 745.115(1)(B) (exempting, on a temporary basis, federally affiliated child-care facilities from the state licensure requirement); or (2) are currently licensed in the state of Texas, but are reasonably likely to have their license rescinded pursuant to 26 TAC § 745.115(1)(B) if the provider becomes a federally affiliated child-care facility funded under an ORR award.

Florida-based programs are excepted from the licensing requirement when either (1) the program had an appropriate license as of September 28, 2021, but the Florida Department of Children and https://www.acf.hhs.gov/orr/policy-guidance/unaccompanied-children-program https://www.acf.hhs.gov/orr/policy-guidance/unaccompanied-children-program

Families allowed the program’s license to lapse or expire pursuant to Florida Executive Order No. 21-223, § 8 by refusing to render a timely decision on the program’s license renewal application or denying such application; or (2) the program is currently licensed in the state of Florida, but is reasonably likely to have its license lapse or expire as a result of Florida Executive Order No. 21-223, § 8. South Carolina programs are excepted from the licensing requirement if their program had a license on or before April 12, 2021, and the program’s license is denied or revoked, or otherwise enjoined by the state because the program accepted placement of unaccompanied children at the request of ORR as a result of Executive Order No. 2021-19.

Please review Section I. Program Description, Licensing Requirements; Section III.1. Eligible Applicants; Section III.3. Other, ORR Disqualification Factor; and Section IV.2. The Project Description, Additional Eligibility Documentation for more information. Applicants that do not provide the required documentation will be disqualified from review and from funding under this

SNOFO.

Applicants that do not have a facility license at the time of application will not be disqualified from review and funding under this SNOFO. The state child placement license is required at the time of application. Please refer to Section I. Post-Award Requirements, Facility Licensure Required Timeline for information on ORR’s stipulated timeframes for those successful applicants that are proposing facilities that are not licensed.

Applicants that have documentation of their facility(ies) license are strongly recommended to submit the facility license with their application and, if available, include information related to capacity, age/gender permitted, and the allowable length of stay.

In accordance with ORR Policy Guide and Manual of Procedures, care providers must report any allegations/concerns of abuse and/or neglect; and denial, suspension, and/or revocation of care provider’s and, if applicable, subrecipient(s) licensing to provide child welfare-related services.

The reporting period covers the past 5 years.

Facility Structure Requirements

See Section I. Program Description, Licensing Requirements for additional information on this SNOFO’s licensing requirements.

Care providers must incorporate child welfare best practice standards and emphasize a child-centered, trauma-informed approach while working with UC. 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 providers 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 providers 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 service providers. Care providers are required to have designated common areas; spaces for recreation, education, and case management; and confidential spaces for counseling and health services. Care providers must make accommodations to allow the UC to meet privately with their attorney.

Care providers must have at least one bedroom separate from communal areas that can be used for communicable disease isolating/quarantine purposes for a minimum of 28 days. Services that do not require confidentiality are required to be in an open setting without the need of extraordinary security measures. However, care providers must have procedures and strategies in place to discourage runaways, unauthorized absences, and unauthorized entries.

Services are provided for an average length of stay ranging from 30 to 35 days, depending on the type of sponsor to whom a child may be discharged. Care providers should anticipate that UC with potential sponsors, who require a home study, will have a longer length of stay in order for an ORR-designated provider to complete the home study process and ensure a safe release.

Care providers are required to have a security system to monitor the care provider facility(ies) from unauthorized entrance and egress, including the use of alarm systems and video monitoring. Care providers are required to be in compliance with state child placement licensing standards and not pose a threat to the safety of UC in the event a UC attempts to flee from the facility. Care providers must also meet the following minimum safety and security related requirements for their facilities: controlled entry and exit from the premises; video monitoring in common and living areas; a communications system and alarm system for all areas of the residential structure; effective video monitoring of the exterior of the building and surrounding premises; a system for physically counting the residents and a written policy that provides that staff regulate UC movements; a daily log on residents’ movement; mirrored windows or small windows in the doors of any rooms used for one-on-one meetings with UC; a facility inspection checklist (to include the safety related components of all residential operations and program functions); quarterly safety assessments; and spot inspections. 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

§ CFR 200.216.

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

Funding Restrictions.

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 (state child placement license and facility license) and as required by ORR’s policies and procedures. Care provider facilities must be staffed with qualified, bi-lingual professionals, paraprofessionals, and support staff to meet the diverse needs, level of care, supervision, and safety and well-being of UC. Care providers must also include a plan to ensure sufficient staffing to cover a one-on-one safety plan, when necessary. All staff, specifically case management staff, must be proficient in using the internet and related computer programs, 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 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 (state child placement and facility license) requirements. For the purposes of this SNOFO, ORR requires the following ratios:

One on-duty staff for every 4 UC during waking hours;

One on-duty staff for every 12 UC during sleeping hours;

One case manager for every 6 UC; and One clinician for every 6 UC.

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

Additional and/or backup staff must be made available for emergency situations or to meet the special needs of the UC program during capacity surges, including situations where tender age children need to be accommodated. Rotating after-hours and holiday coverage personnel must also be available in these situations. Same-gender supervision must be provided when indicated by individual treatment needs. It is anticipated that current and any additional staff needed will work the necessary hours, including mandatory overtime, to accommodate the immediate needs of the program. Overtime costs will be pre-approved in the terms and conditions of the award in expectation of the need for expanded capacity and placement in the case of a surge in need. The prime recipient and, if applicable, subrecipient(s) must adhere to the relevant Code of Federal Regulations (CFR) and Department of Labor (DOL) regulations.

Care providers must complete background investigations on all staff, contractors, and volunteers prior to hire to ensure the candidate is suitable for employment to work with minors in a residential setting. Background checks must be completed in accordance with ORR’s policies and state child placement 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 at section 4.3 Personnel. All hired staff must (at a minimum):

Be at least 21 years of age;

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

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.

https://www.acf.hhs.gov/orr/resource/children-entering-the-united-states-unaccompanied-section-4#4.3 o Diphtheria, Tetanus, and Pertussis (DTaP): 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 while following all relevant guidance. 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 health care personnel. More information can be found by visiting 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 abide by all standards outlined in the HHS Interim Final Rule (IFR) on Standards to Prevent, Detect, and Respond to Sexual Abuse and Sexual Harassment Involving UC (45 CFR Part 411). These standards apply to any care provider staff member, contractor, or volunteer. For additional information on the standards outlined in the HHS IFR, please visit https://www.acf.hhs.gov/orr/standards-prevent-uac-sexual-abuse.

Training Requirements

In addition to the HHS IFR, 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;

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;

http://www.cdc.gov/vaccines/adults/ https://www.acf.hhs.gov/orr/standards-prevent-uac-sexual-abuse https://www.acf.hhs.gov/orr/standards-prevent-uac-sexual-abuse https://www.acf.hhs.gov/orr/policy-guidance/children-entering-united-states-unaccompanied-section-4#4.2

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 "sex trafficking 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, and volunteers 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 Essential Functions as mandated by ADA).

Care providers are required to have a clear organizational structure that outlines lines of authority and supervision. Staffing plans must be in place that provide a sound relationship between the proposed responsibilities of lead program staff.

Care providers must obtain prior approval from ORR for the key personnel listed below, and any 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.

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 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 or an equivalent degree in education, psychology, sociology, or other relevant behavioral science degree; or a bachelor’s degree plus 5 years’ experience in child welfare administration, child protective services, and 2 years of experience in program management or as Director of a licensed child care program. The Program Director must possess the administrator’s license for the care provider’s facility(ies), if applicable.

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 a 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 a Master of Social Work and 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' 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 and provides ongoing individual and group counseling services, screens for human trafficking concerns, and provides crisis intervention services. At a minimum, the Clinician must have a Master of Social Work with clinical experience in the program; or master’s degree in psychology, sociology, or other relevant behavioral science in which direct clinical experience is a program requirement; or a bachelor’s degree plus 5 years clinical employment experience. 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 minimum, the Lead Case Manager must have a master’s degree in the behavioral sciences, human services, or social services fields; or a bachelor’s degree and at least 3 years progressive employment experience that demonstrates supervisory and case management experience.

Prevention of Sexual Abuse (PSA) Compliance Manger is responsible for managing implementation and ongoing compliance with the HHS IFR on Standards to Prevent, Detect, and Respond to Sexual Abuse and Sexual Harassment Involving Unaccompanied Children (45 CFR Part 411) and ORR policies and procedures 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 fields; 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.

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 Program Policy Guide: Section 3. 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 staff secure program. The staff secure 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 program required services in a manner that is sensitive to the age, culture, religion, dietary needs, native language, sex, 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 Lesbian, Gay, Transgender, Bisexual, Intersex (LGTBQI+) 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 Requirements unless otherwise noted in this SNOFO.

Acculturation and Adaptation Services

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. This includes community outings that prepare UC to be released to the community.

Activities Care providers are required to ensure that UC participate in activities according to a recreation and leisure time plan that includes daily outdoor activities, weather permitting, of at least 1 hour per day of large muscle activity and 1 hour per day of structured leisure time activities other than television. Activities are required to be increased to a total of 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 educational during school day instruction.

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, preferably in person. 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.

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

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.

Case management will also include, at least every 30 days, a review with an ORR Federal Field Specialist and third-party Case Coordinator of the child’s placement in staff secure care to determine whether placement is still appropriate or if the UC can be stepped down to a less restrictive level of care.

Educational Services

Educational services are required to be provided daily, for a minimum of 6 hours; Monday through Friday; year round; 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. The program must also provide appropriate leisure time reading materials in languages other than English. The program must implement educational services that are effective in a staff secure setting and implement a behavior management model that is evidenced-based and provides classroom structure and support for children in staff secure.

Group Counseling

Care providers are required to provide group counseling sessions twice a week, at a minimum. One of these two groups can be substituted by “family or house meetings.” At least one group counseling session must be provided according to a psycho-educational curriculum that may be adjusted according to the needs of the population. Group counseling session topics are to be designed for staff secure populations, which includes, but is not limited to, topics on drug and alcohol abuse and education on gangs and cartels.

Individual Counseling Care providers are required to provide at least one individual counseling session per week for each UC. A qualified clinician conducts the counseling session with the specific objective of assessing and responding to the UC's mental health needs; reviewing the UC's progress;

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

Individualized Needs Assessments

Care providers are required to provide individualized ongoing assessments for each UC, which includes 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 30 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 must be completed every 30 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 and continuing pursuit of 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 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 bond hearings 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. As UC will meet individually and in groups with the ORR-funded legal service provider to receive legal services and assistance, care providers must ensure the availability of sufficient, scheduled private time for UC 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 and must be accessible to ORR upon request. 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 award funds to pay for certain medical expenses, such as medical supplies and medical personnel. Please see Section IV.6. Funding Restrictions for more information.

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Mental Health Services

Care providers are required to provide 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.

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 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 services, rules (written and verbal), expectations, zero tolerance policy towards sexual abuse and sexual harassment, and the availability of free legal assistance. The orientation must be provided in formats that are accessible to UC who are limited English proficient as well as those who have limited reading skills. In addition, care providers must ensure effective communication for UC with communication disabilities.

Religious Access

Whenever possible, care providers must provide or arrange for access to religious services and counseling of the UC's choice. Consistent with 45 CFR § 87.3(b), a faith-based organization may not use direct financial assistance from the Department to engage in any explicitly religious activities (including activities that involve overt religious content such as worship, religious instruction, or proselytization). Such an organization also may not, in providing services funded by the Department, discriminate against a program beneficiary or prospective program beneficiary on the basis of religion, a religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice, as provided in 45 CFR § 87.3(d).

Right to Privacy

UC 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 care provider's rules and regulations; (d) visit privately with guests, as permitted by care provider's rules and regulations;

and (e) receive and send uncensored mail unless there is a reasonable belief that the mail contains contraband.

Rules/Behavior Management

Care providers' program rules and discipline standards are required to be formulated with consideration for the range of ages and maturity levels of UC in the program and with cultural sensitivity towards all UC. These standards must also 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. A behavior management plan used by the care provider must meet child welfare best practice standards and must be approved by ORR. Each residential facility must have basic rules posted in both English and Spanish. Care providers must ensure rules and any other ORR-required documents such as these are accessible to UC whose primary language is not English or Spanish and, where possible, include visuals subject to verification by ORR. These rules must be reviewed with UC upon placement with a focus on safety, respect, and group living. Misbehavior must be resolved on an individual basis. All interventions must be positive, strength-based, and must never subject UC to corporal punishment, humiliation, mental abuse, or punitive interference with the daily functions of living, such as eating or sleeping, or ORR expected services, such as weekly calls to family or clinical sessions.

Safe and Timely Release Services

Care providers must adhere to ORR’s policies and procedures that are in place to ensure the care and safety of UC. These policies require the timely release of UC to qualified parents, guardians, relatives, or other adults, referred to as “sponsors.” Safe and timely release must occur within a setting that promotes public safety and ensures that sponsors are able to provide for the physical and mental well-being of UC. The law requires ORR to protect UC from smugglers, traffickers, or others who might seek to victimize or otherwise engage UC in criminal, harmful, or exploitative activity. As such, ORR evaluates potential sponsors’ ability to provide for the UC’s physical and mental well-being. The process for the safe and timely release of a UC from ORR custody involves many steps, including the identification of sponsors; the sponsor's submission of the application for release and supporting documentation; the evaluation of the suitability of the sponsor, including verification of the sponsor’s identity and relationship to the child, background checks, and in some cases home studies; and planning for post-release.