OFFICE OF REFUGEE RESETTLEMENT DIVISION OF UNACCOMPANIED CHILDREN’S SERVICES ORR-DUCS
AGENCY FLOW CHART • United States Dept. of Health and Human Services (HHS) A) Administration of Children & Family Services (ACF) 1) Office of Refugee Resettlement (ORR) a) Division of Unaccompanied Children’s Services (DUCS)
LAW UNDER WHICH THE ORR OPERATES • Section 462 of the Homeland Security Act of 2002 (6 U.S.C. §279) transferred responsibility for the custody and care of UAC from the Commissioner of the former Immigration and Naturalization Service, U.S. Department of Justice, to the Director of the Office of Refugee Resettlement within the Administration for Children and Families of the U.S. Department of Health and Human Services.
LAWS-CONTINUED • The ORR also follows the requirements of the Flores Settlement Agreement, Jenny Lisette Flores, et al., v. Janet Reno, Attorney General of the United States, et al., Case No. CV 85-4544RJK (C.D. Cal. 1996) which outlines detailed provisions for ensuring that UAC are placed in the least restrictive setting appropriate to the UAC’s age and special needs while in government custody and that they are promptly reunited with family members in the U.S. when such family is available and when such reunification is appropriate.
LAW-CONTINUED • William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 – This Act mandates ORR/DUCS to take additional precautions for children in care who meet outlined categories.
Unaccompanied Alien Children UAC • DEFINITION OF UNACCOMPANIED ALIEN CHILDREN • Section 462 of the Homeland Security Act of 2002 (6 USC §279) defines an • unaccompanied alien child (UAC) as a child – • 1) Who has no lawful immigration status in the United States; • 2) Who has not reached 18 years of age; and • 3) With respect to whom • a) There is no parent or legal guardian in the United States – or • b) There is no parent or legal guardian in the United States available to provide care and physical custody.
ORR RESPONSIBILITIES • Making and implementing placement decisions for the UAC • Ensuring that the interests of the child are considered in decisions related to the care and custody of UAC • Reunifying UAC with qualified sponsors and family members who are determined to be capable of providing for the child's physical and mental well-being • Providing home assessments for certain categories of UAC at risk • Conducting follow-up services for certain categories of children • Overseeing the infrastructure and personnel of ORR-funded UAC care provider facilities • Conducting on-site monitoring visits of ORR-funded care provider facilities and ensuring compliance with DUCS national care standards
Responsibilities-Continued: • Collecting, analyzing, and reporting statistical information on UAC • Providing training to federal, state, and local officials who have substantive contact with UACs • Developing procedures for age determinations and conducting these determinations along with DHS • Cooperating with the Department of Justice’s Executive Office for Immigration Review to ensure that sponsors of UACs receive legal orientation presentations • Ensuring, to the greatest extent practicable, that all UAC in custody have access to legal representation or counsel • Granting specific consent for state court jurisdiction over children
UAC DEMOGRAPHICS • UAC have indicated that, among other reasons, they leave their home countries for the U.S. to rejoin family already in the U.S., to escape abusive family relationships in the home country, or to find work to support their families in the home country. • ORR has approximately 7,200 UAC a year in its facilities. The average length of stay is approximately 55 days before children are released to family members and other sponsors, or before aging out or before being returned to their home countries. • In FY08, the numbers of children in ORR custody and care ranged from approximately 800 to 1,500. Of those, 78% were male and 22% female; 13% were below the age of 14. • The most common native countries of UAC are Honduras, Guatemala, and El Salvador. • Native Countries of UAC in FY08 Honduras 30.8% Guatemala 27.4% El Salvador 23.4% Mexico 10.6% Ecuador 3.2% Nicaragua 0.8% Brazil 0.5% Other 2.7%
ORR-UAC SERVICES • The majority of children are cared for through a network of ORRfunded care provider facilities, most of which are located close to areas where immigration officials apprehend large numbers of aliens. There are currently more than 41 ORR-funded care provider facilities in 10 different states. • Care provider facilities are state licensed and must meet ORR requirements to ensure a high level of quality of care. The facilities, which operate under cooperative agreements and contracts, provide children with classroom education, health care, socialization/recreation, vocational training, mental health services, family reunification, access to legal services, and case management. Care provider facilities’ case management teams use effective screening tools to assess children for mental health and victim of trafficking issues.
ORR-UAC PLACEMENT • ORR places UACs in the least restrictive environment which meets the minor’s care needs. • Placements Types: – Shelter – Staff-Secure: Staff-secure care providers provide a heightened level of staff supervision, communication, and services to control problem behavior and prevent runaways. – Secure: A secure care provider is designed for an UAC who requires very close supervision and may need the additional internal controls and physical structure of a secure facility.
WEST COAST POINTS OF CONTACTS • Richard Zapata, Federal Field Specialist (202)380-6894
[email protected] Ivonne Velazquez, Federal Field Specialist Supervisor (202) 281-9535
[email protected]; Alex Sanchez, Federal Field Specialist (202) 494-0392
[email protected]
