Jenny Flores v. Jefferson Sessions, III, et al

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FILED OPINION (STEPHEN REINHARDT, A. WALLACE TASHIMA and MARSHA S. BERZON) AFFIRMED. Judge: SR Authoring, FILED AND ENTERED JUDGMENT. [10497042]--[COURT UPDATE: Webcite added. 07/05/2017 by RY]

Case: 17-55208, 07/05/2017, ID: 10497042, DktEntry: 43-3, Page 1 of 27
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Children Entering the United States Unaccompanied
Published: January 30, 2015
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Introduction

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Guide to Terms
Record of Posting and Revision Dates
Section 1: Placement in ORR Care Provider Facilities
1.1 Summary of Policies for Placement and Transfer of Unaccompanied Alien Children in ORR Care Provider Facilities
1.2 ORR Standards for Placement and Transfer Decisions
1.2.1 Placement Considerations
1.2.2 Children with Special Needs
1.2.3 Safety Issues
1.2.4 Secure and Staff Secure Care Provider Facilities
1.2.5 Unaccompanied Alien Children Who Pose a Risk of Escape
1.2.6 ORR Long Term Foster Care
1.2.7 Placing Family Members (Siblings and Children of Unaccompanied Alien Children)
1.3 Referrals to ORR and Initial Placement
1.3.1 Request for Information from the Referring Federal Agency
1.3.2 ORR Placement Designation
1.3.3 Care Provider Placement Acceptance
1.3.4 Transfer of Custody to ORR
1.3.5 Initial Placements in the Event of an Emergency or Influx

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1.4 Transfers within the ORR Care Provider Network
1.4.1 Least Restrictive Setting
1.4.2 Further Assessment Swift Track (FAST) Process
1.4.3 Long Term Care
1.4.4 Transfer to Long Term Foster Care
1.4.5 Group Transfers
1.4.6 Residential Treatment Center Placements
1.4.7 Requesting Reconsideration of a Secure or RTC Placement Designation
1.5 Placement Inquiries
1.5.1 ORR National Call Center
1.6 Determining the Age of an Individual without Lawful Immigration Status
1.6.1 Unaccompanied Alien Children in HHS Custody
1.6.2 Instructions
1.7 Placement and Operations During an Influx
1.7.1 Activation of HPCs
1.7.2 Placement into HPCs
1.7.3 Placement into Influx Care Facilities
1.7.4 Admission and Orientation for HPCs and Influx Care Facilities
1.7.5 Medical Services
1.7.6 HPC and Influx Care Facility Services
1.7.7 Transportation During Influx
1.7.8 Federal Staffing Plan

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2.1 Summary of the Safe and Timely Release Process
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2.2 Application for the Safe and Timely Release of an Unaccompanied Alien Child from ORR Care
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Section 2: Safe and Timely Release from ORR Care

2.2.3 The Application for Release
2.2.4 Required Documents for Submission with the Application for Release
2.2.5 Legal Orientation Program for Custodians
2.2.6 Additional Questions and Answers on This Topic
2.3 Key Participants in the Release Process
2.3.1 ORR Federal Field Specialists
2.3.2 Case Managers
2.3.3 Case Coordinators
2.3.4 Child Advocates
2.4 Sponsor Assessment Criteria and Home Studies
2.4.1 Assessment Criteria
2.4.2 Home Study Requirement
2.4.3 Additional Questions and Answers on This Topic
2.5 ORR Policies on Requesting Background Checks of Sponsors
2.5.1 Criteria for Background Checks
2.5.2 Results of Background Checks on Release Decisions
2.5.3 Additional Questions and Answers on This Topic
2.6 Effect of Sponsor Immigration Status on Release
2.6.1 Application Process
2.6.2 Fingerprints
2.6.3 Other Background Checks Related to Immigration Status

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2.6.4 Results of Immigration-related Checks
2.7 Recommendations and Decisions on Release
2.7.1 Approve Release Decisions
2.7.2 Approve Release with Post-Release Services
2.7.3 Conduct a Home Study Before a Final Release Decision Can Be Made
2.7.4 Deny Release Request
2.7.5 Remand Release Request – Decision Pending
2.7.6 Issues Related to Recommendations and Decisions
2.7.7 Notification of Denial
2.7.8 Appeal of Release Denial
2.8 Release from ORR Custody
2.8.1 After Care Planning
2.8.2 Transfer of Physical Custody
2.8.3 Closing the Case File
2.8.4 Safety and Well Being Follow Up Call
2.8.5 Post-Release Services for UC with Zika Virus Disease or Infection
2.8.6 Release for Children with Legal Immigration Status

Section 3: Services
3.1 Summary of Services
3.2 Care Provider Admissions and Orientation for Unaccompanied Alien Children
3.2.1 Admissions for Unaccompanied Alien Children
3.2.2 Orientation

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3.3.2 Long Term and Concurrent Planning
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3.3.3 Screening for Child Trafficking and Services for Victims
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3.3.6 Independent Living and Vocational Educational Services
3.3.7 Services Related to Culture, Language, and Religious Observation
3.3.8 Recreation and Leisure Time Services
3.3.9 Nutritional Services
3.3.10 Telephone Calls, Visitation, and Mail
3.3.11 Clothing and Personal Grooming
3.3.12 Assignment of Chores
3.3.13 Behavior Management
3.3.14 Transportation Services
3.3.15 Use of Restraints or Seclusion in Emergency Safety Situations In Residential Treatment Centers (RTCs)
3.3.16 Notification and Reporting of the Death of an Unaccompanied Alien Child
3.3.17 Use of Restraints during Transport and in Immigration Court
3.3.18 Restraints in Immigration Court and Asylum Interviews
3.4 Medical Services
3.4.1 Health Care Eligibility and General Standards
3.4.2 Initial Medical Examination
3.4.3 Requests for Health Care Services
3.4.4 Medication Administration and Management
3.4.5 Responding to Medical Emergencies
3.4.6 Management of Communicable Diseases
3.4.7 Maintaining Health Care Records and Confidentiality
3.4.8 Medical Clearance Prior to Release or Transfer
3.4.9 Provider Reimbursement

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3.5 Guiding Principles for the Care of Unaccompanied Alien Children Who are LGBTQI
3.5.1 Zero Tolerance for Discrimination and Harassment
3.5.2 Prohibition on Segregation and Isolation
3.5.3 Confidentiality with Regard to Sexual Orientation and Gender Identity
3.5.4 Housing
3.5.5 Restroom and Dressing Area Accommodations
3.6 ORR Long Term Foster Care
3.6.1 ORR Long Term Foster Care Service Provision
3.6.2 Change in Placements while in ORR Long Term Foster Care
3.6.3 Additional Questions and Answers about this Topic

Section 4: Preventing, Detecting, and Responding to Sexual Abuse and Harassment
4.1 Summary of Policies for Preventing, Detecting, and Responding to Sexual Abuse and Harassment
4.2 Zero Tolerance Policy
4.2.1 Application
4.2.2 Care Provider Requirements
4.3 Personnel
4.3.1 Prevention of Sexual Abuse Coordinator and Compliance Manager
4.3.2 Employee Background Investigations and Hiring Decisions
4.3.3 Staff Training
4.3.4 Employee Performance Evaluations and Promotion Decisions
4.3.5 Disciplinary Sanctions and Corrective Actions

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4.4.2 Staffing Plans and Video Monitoring Restrictions
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4.4.3 Searches of Children and Youth
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4.4 Staffing and Supervision
4.4.1 Staffing Levels

4.5.1 Access to Community Service Providers and Resources
4.5.2 Forensic Medical Examinations
4.6 Coordinated Response
4.6.1 Coordinated Response Policies and Procedures
4.6.2 Responder Duties
4.6.3 Protecting Children and Youth
4.6.4 Interventions for Children or Youth Who Engage in Sexual Abuse
4.7 Educating Children and Youth
4.7.1 Educating Children and Youth on Sexual Abuse and Sexual Harassment
4.7.2 Bulletin Board Postings
4.7.3 Pamphlets on Sexual Abuse and Harassment
4.8 Assessment for Risk
4.8.1 Assessment for Risk
4.8.2 Use of Assessment Information
4.9 Medical and Mental Health Care
4.9.1 Emergency Medical and Mental Health Care Services Following an Incident of Sexual Abuse
4.9.2 Medical Services for Victims at Risk of Pregnancy
4.9.3 Ongoing Medical and Mental Health Care
4.9.4 Religious Objections
4.10 Reporting and Follow-up

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4.10.1 Methods for Children and Youth to Report
4.10.2 Care Provider Reporting Requirements
4.10.3 Sexual Abuse and Harassment Follow-up
4.10.4 Notification and Access to Attorneys/Legal Representatives and Families
4.10.5 Confidentiality
4.10.6 UC Sexual Abuse Hotline

Section 5: Program Management
5.1 Responding to Inquiries from the Media
5.1.1 Policies for ORR Grantees
5.1.2 How ORR Responds to Press Inquiries
5.1.3 Requests to Interview a Specific Child
5.1.4 Requests to Visit a Facility
5.1.5 Requests for General Information and Data
5.2 ORR Policies on Requests to Visit ORR Care Provider Facilities
5.2.1 Evaluation Criteria
5.2.2 Special Arrangements
5.2.3 Visitation Protocol
5.3 Testimony by Employees and Production of Documents Where the United States is Not a Party
5.3.1 Care Provider Testimony and Views
5.3.2 Confidentiality of Information
5.3.3 Release of Records Without Prior Approval
5.4 ORR Policies on Communication and Interaction with Consulates
5.4.1 Notifications to Consulates
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5.4.3 Consulate Officials: Access to Their Citizens and ORR Care Provider 5
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5.4.4 Visitation
5.4.5 Information Requests
5.4.6 Documentation

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5.4.7 ORR and Consulate Joint Activities
5.5 ORR Monitoring and Compliance
5.5.1 ORR Monitoring Activities

5.5.2 Follow Up and Corrective Actions
5.5.3 Foster Care Monitoring
5.5.4 Care Provider Internal Program Monitoring, Evaluation, and Quality Assurance
5.6 Reporting and Record Keeping
5.6.1 Program Reporting Requirements
5.6.2 Maintaining Case Files
5.6.3 Record Management, Retention and Safekeeping
5.7 Policies to Protect Sponsors from Fraud
5.7.1 ORR Efforts to Help Prevent Fraud
5.7.2 Responding to Fraud Attempts
5.8 Significant Incident Reports and Notification Requirements
5.8.1 Emergency Incidents
5.8.2 Significant Incidents
5.8.3 Allegations of Sexual Abuse and Harassment in ORR Care
5.8.4 Allegations of Abuse that Occurred in DHS Custody
5.8.5 Allegations of Past Abuse that Occurred Outside the United States
5.8.6 Allegations of Past Abuse that Occurred Inside the United States
5.8.7 SIR Addendums
5.8.8 Notification to Attorneys/Legal Representatives, Child Advocates, Families, and Sponsors

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5.8.9 Elevation of Emergencies and Serious Incidents

Section 6: Resources and Services Available After Release from ORR Care
6.1 Summary of Resources and Services Available After Release from ORR Care
6.2.3 Post Release Service Providers: Case Reporting
6.2.4 Post-Release Service Records Management, Retention and Information Sharing
6.4 ORR National Call Center

Last Reviewed: June 23, 2017

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Children Entering the United States Unaccompanied: Section 2 | Office of Refugee Resettlement | ACF
Case: 17-55208, 07/05/2017, ID: 10497042, DktEntry: 43-3, Page 7 of 27

Children Entering the United States Unaccompanied: Section 2
Safe and Timely Release from ORR Care
Published: January 30, 2015
Categories: Unaccompanied Children's Services

2.1 Summary of the Safe and Timely Release Process
The Office of Refugee Resettlement (ORR) has policies and procedures in place to ensure the care and safety of children who are apprehended in the
United States without a parent or legal guardian available to provide care and custody and without immigration status. These policies require the timely
release of children and youth 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 children.
ORR evaluates potential sponsors’ ability to provide for the child’s physical and mental well-being, as the law requires ORR to protect children from
smugglers, traffickers, or others who might seek to victimize or otherwise engage the child in criminal, harmful or exploitative activity. The process for the
safe and timely release of an unaccompanied alien child from ORR custody involves many steps, including: the identification of sponsors; the submission
by a sponsor 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.

7
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2.2 Application for the Safe and Timely Release of an Unaccompanied Alien Child from ORR Care
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ORR begins the process of finding family members and others sio may be qualified to care for an unaccompanied alien child as soon as the child enters
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Posted 1/27/15

2.2.1 Identification of Qualified Sponsors
The care provider (https://www.acf.hhs.gov/programs/orr/resource/children-entering-the-united-states-unaccompanied-guide-to-terms#Care
Provider), the ORR funded facility that cares for the child, interviews the child as well as parents (see the section below on how ORR confirms relationship
with child), legal guardians, and/or family members to identify qualified custodians (“sponsors”). If a child is either too young or there are other factors that
prohibit the care provider from obtaining potential sponsor information from the unaccompanied alien child, the care provider may seek assistance from the
child’s home country consulate in collaboration with the ORR Federal Field Specialist (ORR/FFS)
(https://www.acf.hhs.gov/programs/orr/resource/children-entering-the-united-states-unaccompanied-guide-to-terms#ORR/Federal Field
Specialist) or from a reputable family tracing organization. Finding a sponsor for the child is an ongoing process that continues during the unaccompanied
alien child’s stay in ORR care and custody in the event that the primary potential sponsor or primary release plan is not approved.
ORR releases children to a sponsor in the following order of preference:1 parent; legal guardian; an adult relative (brother, sister, aunt, uncle, grandparent
or first cousin); an adult individual or entity designated by the parent or legal guardian (through a signed declaration or other document that ORR
determines is sufficient to establish the signatory’s parental/guardian relationship); a licensed program willing to accept legal custody; or an adult individual
or entity seeking custody when it appears that there is no other likely alternative to long term ORR care and custody. ORR has grouped these release
options into the following categories.2
• Category 1: Parent or legal guardian (This includes qualifying step-parents that have legal or joint custody of the child or teen)
• Category 2: An immediate relative--a brother, sister, aunt, uncle, grandparent or first cousin. (This includes biological relatives, relatives through
legal marriage, and half-siblings)
• Category 3: Other sponsor, such as distant relatives and unrelated adult individuals
• Category 4: No sponsors identified
Although ORR gives preference to a parent or legal guardian when determining release plans, there are instances when ORR would not release an
unaccompanied alien child to a parent or legal guardian. These include:

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Children Entering the United States Unaccompanied: Section 2 | Office of Refugee Resettlement | ACF
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• There has been a court ordered termination of parental rights over the child.
• There is substantial evidence that the child would be at risk of harm if released to the parent or legal guardian.
In some cases, an unaccompanied alien child enters the United States with her biological child. In those cases, ORR will identify a sponsor for the
unaccompanied alien child as well as for the infant or toddler. In most instances, it is in the best interest of the unaccompanied alien child and her
biological child to be released to the same sponsor. When that occurs, the sponsor is assigned the same category for the infant as for the UC mother. This
is true even if the potential sponsor would be assigned a different category (based on their relationship status) if he or she were to sponsor the infant alone.
Revised 4/11/16

2.2.2 Contacting Potential Sponsors
The child’s care provider (https://www.acf.hhs.gov/programs/orr/resource/children-entering-the-united-states-unaccompanied-guide-toterms#Care Provider) is responsible for implementing safe screening methods when contacting and communicating with potential sponsors. These
methods are to ensure that a potential sponsor does not pose a risk to the unaccompanied alien child, to other children in the care provider facility or to
care provider staff.
These safe screening methods include:
• Use of appropriate interpreters
• Identity of the sponsor is obtained
• Verification of family relationships
• Coordination with the unaccompanied alien child’s parents, legal guardians, or closest relatives prior to contacting non-relative adult potential
sponsors
• Screening for exploitation, abuse, trafficking, or other safety concerns
• Engaging the child to communicate openly with care provider staff about his or her own sense of safety
Posted 1/27/15

7
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uly 5 (the “Family Reunification Application”).
All potential sponsors must complete an application in order for a child to be released to them fromived J
ORR custody
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Within 24 hours of identification of a potential sponsor for a child or youth, the care 5
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with the application and related documents (called the Family Reunification Packet or FRP).
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The application package includes the following ldocuments:
F ore
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2.2.3 The Application for Release

• A flyer with contact information on organizations offering a Legal Orientation Program for Custodians (LOPC)
• Family Reunification Packet Cover Letter
• Authorization for Release of Information
• Family Reunification Application
• Family Reunification Checklist for Sponsors
• Sponsor Care Agreement
• (If applicable) Fingerprint instructions
• Sponsor Handbook
• (If parent or legal guardian wishes to specify) Letter of Designation for Care of a Minor

The care provider is available to help the potential sponsor complete the application. The care provider also informs potential sponsors that they may
submit additional information to support the application and reminds potential sponsors of the deadlines for completing the forms. The sponsor may also
receive assistance in completing the application at some fingerprinting locations.
Revised 1/9/17

2.2.4 Required Documents for Submission with the Application for Release
In addition to completing and signing the Family Reunification Application (FRA) and the Authorization for Release of Information, potential sponsors must
provide documentation of identity, address, and relationship to the child they seek to sponsor (see also The Family Reunification Checklist for
Sponsors (https://www.acf.hhs.gov/programs/orr/resource/unaccompanied-childrens-services#Family Reunification Packet for
Sponsors)).3 Potential sponsors must also submit documentation verifying the identity of the children they seek to sponsor, and evidence verifying the
identity of all adults residing with the sponsor and all adult care givers identified in a sponsor care plan. In addition to their use as evidence of the
foregoing, all documentation submitted under this section is used as part of the overall sponsor assessment process. See Section 2.4 Sponsor
Assessment Criteria and Home Studies (https://www.acf.hhs.gov/orr/resource/children-entering-the-united-states-unaccompaniedsection-2#2.4). As a result, ORR may in its discretion require potential sponsors to submit additional documentation beyond the minimums specified
below.

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Children Entering the United States Unaccompanied: Section 2 | Office of Refugee Resettlement | ACF
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Proof of Sponsor Identity
To verify their identity, all potential sponsors must submit original versions or legible copies of government-issued identification documents. They may
present either one selection from List A or two or more documents from List B. If a potential sponsor presents selections from list B, at least one selection
must contain a legible photograph. Expired documents are acceptable for the purpose of establishing identity.
LIST OF ACCEPTABLE DOCUMENTS
LIST A

U.S. Passport or U.S. Passport Card
Permanent Resident Card or Alien Registration Receipt Card (Form I-551)
Foreign Passport that contains a photograph
Employment Authorization Document that contains a photograph (Form I-766)
U.S. Driver's License or Identification Card

OR
LIST B

U.S. Certificate of Naturalization
U.S. Military Identification Card
U.S. Social Security Card
Birth Certificate
Marriage Certificate
Court order for name change
Foreign national identification card
Consular passport renewal receipt that contains a photograph

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Foreign driver's license that contains a photograph
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Foreign voter registration card that contains a photograph
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Canadian border crossing card that contains a photograph
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Mexican border crossing card that contains a photograph with valid Form I-94
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Mexican consular identification card

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Other similar documents

Proof of identify of adult household members and adult care givers identified in a sponsor care plan
All potential sponsors must submit documentation verifying the identity of non-sponsor adults in their household or in a sponsor care plan. For all such
adults, potential sponsors must submit at least one identification document that contains a photograph. The document may be from either List A or List B
above, and may be an original version or a legible copy of the document. Expired documents are acceptable for the purpose of establishing identity. In
addition, potential sponsors may submit an original version or legible copy of an ORR Verification of Release Form, but only to verify the identity of adults
under the age of 21, and only if the form contains a photograph. ORR will not accept a Verification of Release as proof of identity if it does not contain a
photograph, and/or is for anyone 21 and older.
Proof of Address
All potential sponsors must submit at least one form of documentation verifying their current address. Acceptable forms of documentation include original
versions or legible copies of:
• A current lease or mortgage statement dated within the last two months before submission of the FRA;
• A utility bill, addressed in the sponsor’s name and dated within the last two months before submission of the FRA;
• A bank statement dated within the last two months before submission of the FRA;
• A payroll check stub issued by an employer, dated within the last two months before submission of the FRA;
• A piece of mail from a county, state, or federal agency (with the exception of ORR) with the sponsor’s name and residential address and dated
within the last two months before submission of the FRA;
• A notarized letter from a landlord on the business stationary of the real property owner confirming the sponsor’s address; and
• Other similar documents reliably indicating that the sponsor resides at the claimed address, dated within the last two months before submission of
the FRA.
ORR may use alternative methods to verify address. For example, ORR may send a letter containing specific instructions to the address given by the
sponsor, and provide a timeline by which the sponsor must comply with the instructions.

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Proof of Child’s Identity
The potential sponsor or child’s family must provide the unaccompanied alien child’s birth certificate or a legible copy of the child’s birth certificate.
Proof of Sponsor-Child Relationship
The potential sponsor must provide at least one form of evidence verifying the relationship claimed with the child.4 Acceptable documents include original
versions or legible copies of:
• Birth certificates;
• Marriage certificates;
• Death certificates;
• Court records;
• Guardianship records;
• Hospital records;
• School records;
• Written affirmation of relationship from Consulate; and
• Other similar documents.
Category 3 potential sponsors who are unable to provide verifiable documentation of a familial relationship with the unaccompanied alien child must submit
evidence that reliably and sufficiently demonstrates a bona fide social relationship with the child and/or the child’s family that existed before the child
migrated to the United States. Care providers must attain sufficient corroboration to be confident that they have received needed verification of the
relationship between the potential sponsor and the child or child’s family. In the absence of sufficient evidence of a bona fide social relationship with the
child and/or the child’s family that existed before the child migrated to the United States, the child will not be released to that individual.
If a potential sponsor has been charged with or convicted of any crime or investigated for the physical abuse, sexual abuse, neglect, or abandonment of a
minor, he or she must provide related court records and police records, as well as governmental social service records or proof of rehabilitation related to
the incident.
If a sponsor, household member, or adult caregiver provides any false information in the application of release and/or accompanying documents or submits
2017

5,

fraudulent documents for the purposes of obtaining sponsorship of the child, ORR will report the incident July
to HHS/Office of the Inspector General (OIG) and
ived
to U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI). 8 arch documents include documents on which the address,
Fraudulent

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is determined that fraudulent documents were submitted during thens, N
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identity, or other relevant information is false or documents that have been manufactured or altered without lawful authorization. ORR will deny release if it
17-5

2.2.5 Legal Orientation Program for Custodians

All potential sponsors of children and youth under the care of ORR should attend a presentation provided by the Legal Orientation Program for Custodians
(LOPC). The purpose of this program is to inform potential sponsors of their responsibilities in ensuring the child’s appearance at all immigration
proceedings, as well as protecting the child from mistreatment, exploitation, and trafficking, as provided under the Trafficking Victims Protection
Reauthorization Act of 2008. The program also provides information about possible free legal counsel (pro bono legal services) for the youth or child during
the immigration court process.
The Office of Legal Access Programs (OLAP), within the Executive Office for Immigration Review (EOIR) at the U.S. Department of Justice, manages the
LOPC and contracts with legal service organizations around the country to provide LOPC services to potential sponsors in their local communities or in
metropolitan areas served by the program. EOIR is the entity in the federal government that is also responsible for adjudicating immigration cases by fairly,
expeditiously, and uniformly interpreting and administering the nation's immigration laws.
The unaccompanied alien child’s case manager (https://www.acf.hhs.gov/programs/orr/resource/children-entering-the-united-statesunaccompanied-guide-to-terms#Case Manager)is responsible for informing potential sponsors about all procedures related to the child’s case--including
attendance at an LOPC presentation. The Family Reunification Packet (FRP) that goes to each potential sponsor includes an Authorization for Release of
Information that the sponsor must sign before the case manager may schedule an appointment for LOPC services. All potential sponsors should submit
the Authorization for Release of Information immediately and prior to submitting the complete FRP to ensure timely scheduling of their LOPC session.
Upon receipt of the Authorization, the case manager schedules an appointment for a potential sponsor to attend a presentation with one of the LOPC
providers around the country. Alternatively, the case manager contacts the LOPC Call Center for Unaccompanied Immigrant Minors at [phone]
and arranges for the Call Center to schedule an LOPC appointment for the potential sponsor or mail an LOPC Information Packet to the sponsor.
Posted 1/27/15

2.2.6 Additional Questions and Answers about this Topic

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Q: Will sponsors receive the Family Reunification Packet through the mail or electronically?
A: Case managers will work with sponsors to identify the best way to get the packets to them, whether electronically or by fax transmission or postage paid
overnight mail.
Q: Do sponsors need assistance from an attorney or a paid representative to complete the packet?
A: No. The unaccompanied alien child’s case manager will be able to help the potential sponsor complete the form and explain the process.
Q: Is it possible for an unaccompanied alien child’s spouse to be a sponsor?
A: ORR considers release to an unaccompanied alien child’s adult spouse on a case by case basis.
Q: Is it possible for family members in the United States to proactively contact ORR about children who may have entered the country
unaccompanied?
A: Yes. Family members may call the ORR National Call Center, at [phone].
Posted 1/27/15

2.3 Key Participants in the Release Process
ORR’s sponsor assessment and release decision process requires coordination among care provider staff, nongovernmental third-party reviewers (Case
Coordinators), ORR staff, other Federal agencies, stakeholders, and Child Advocates, where applicable.
Case Managers (https://www.acf.hhs.gov/programs/orr/resource/children-entering-the-united-states-unaccompanied-guide-to-terms#Case
Manager) communicate with potential sponsors, gather necessary information and documentation, talk to any relevant stakeholders, and assess sponsors
to formulate a recommendation to the Case Coordinator. Case Coordinators (https://www.acf.hhs.gov/programs/orr/resource/children-entering-theunited-states-unaccompanied-guide-to-terms#Case Coordinators) concurrently review all assessment information on an unaccompanied alien child
and sponsor to also make a recommendation. Once Case Managers and Case Coordinators agree on a particular recommendation for release, the
recommendation will be sent to the ORR/FFS (https://www.acf.hhs.gov/programs/orr/resource/children-entering-the-united-states-unaccompaniedguide-to-terms#ORR/Federal Field Specialist) for a final release decision. If the Case Manager and Case Coordinator cannot agree on a
recommendation, the case is elevated to the ORR/FFS for further guidance.
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2.3.1 ORR/Federal Field Specialists (ORR/FFS)
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ORR/FFS are ORR’s field staff located regionally throughout the icountry and are assigned to a group of care providers within a region. They have the
s on
Sesand release decisions; oversee care providers to ensure all services, policies, and
v.
authority to approve all unaccompanied alien children transfer
ores
in Fl
procedures are properly provided and implemented; and serve as a liaison to local stakeholders, including other Federal agencies, local legal service
cited
providers, local communities, Child Advocates, etc. ORR/FFS also provide guidance, direction, and technical assistance to care providers.

With regard to the release process, ORR/FFS oversee individual unaccompanied alien children cases and review Case Manager, Case Coordinator, and
Child Advocate recommendations; and make final release and transfer decisions for ORR. ORR/FFS also make final decisions whether home studies are
conducted and/or post-release services are provided.5 ORR/FFS coordinate all aspects of a child’s case with care provider staff, Case Coordinators,
stakeholders, and other Federal agencies.
Revised 8/1/16

2.3.2 Case Managers
Care provider Case Managers perform a variety of duties, including coordinating the completion of assessments of unaccompanied alien children,
completing individual service plans, assessing potential sponsors, making transfer and release recommendations, and coordinating the release of a child
or youth from ORR care and custody. (The care provider provides a range of services through other trained staff that are described in Section 3: Services.)
The role of the Case Manager within the release process is to initiate and maintain ongoing communication with the potential sponsor, gather sponsor
information, and assess whether the potential sponsor is a suitable sponsor who can safely provide for the physical and mental well-being of the child or
youth. When communicating with the potential sponsor, the Case Manager may:
• Provide direct assistance on completing the sponsor application packet and ensuring provision of supporting documentation;
• Involve the sponsor in making a plan for individualized services for the unaccompanied alien child, as appropriate;
• Keep the sponsor informed of the child’s progress and current functioning;
• Provide the sponsor with detailed information about the child’s needs in order to fully assess the sponsor’s ability to provide care and services;
• Discuss services that are available in the sponsor’s community for the child; and
• Share relevant information on the unaccompanied alien child in accordance with applicable privacy and information-sharing policies and in
collaboration with the unaccompanied alien child and the child’s clinician in a way that best serves the child’s safety and well-being.

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The Case Manager’s role is also to ensure that information is gathered or shared with the appropriate staff and stakeholders during the sponsor
assessment process. The Case Manager provides weekly status updates to the unaccompanied alien child’s Case Coordinator and ORR/FFS on the
progress in achieving a safe and timely release with family members as well as potential challenges that may delay a release. The Case Manager provides
weekly status updates (monthly for children in LTFC) to the UC on the child’s case and provision of services, preferably in person. The Case Manager
informs other stakeholders of the progress of a child’s case, including notification that an unaccompanied alien child may not have a potential sponsor, and
any final release decisions. Stakeholders may include local legal service providers and attorneys of record, other local service providers, Child Advocates,
post-release and home study providers, and other Federal agencies. Case Managers, in collaboration with the ORR/FFS and Case Coordinator, will also
work with law enforcement officials regarding an unaccompanied alien child’s pending release if the minor has outstanding criminal charges or other
issues.
Revised 4/24/17

2.3.3 Case Coordinators
Case Coordinators are non-governmental contractor field staff assigned to one or more care providers primarily to review unaccompanied alien children
cases and provide transfer and release recommendations to ORR staff. The Case Coordinator is responsible for integrating all areas of assessment from
the Case Manager, Child Advocates, where applicable, and other stakeholders into a release plan that will provide for the unaccompanied alien child’s
physical and mental well-being. After staffing and reviewing a case, Case Coordinators and Case Managers must agree on a release recommendation. If
there is a disagreement or a particularly complex case, then the case will be elevated to the ORR/FFS for further guidance.
• Providing timely review and assessment of potential sponsors and unaccompanied alien children to make recommendations for release to ORR in
conjunction with the Case Manager;
• Assisting ORR in ensuring that children are placed in the least restrictive setting while receiving all appropriate services;
• Meeting with individual unaccompanied alien children and care provider staff at designated ORR-funded care provider sites;
• Providing targeted child welfare-based assistance to care provider staff, as directed by ORR staff;
• Making recommendations for home study and post-release services for at-risk children;
• Making placement recommendations for children who require more specialized levels of care, such as long-term foster care and residential
treatment centers;

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• Participating in staffing of cases with care providers and designated ORR staff.
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2.3.4 Child Advocates
v.
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in Fl
ORR may appoint Child Advocates ted
(https://www.acf.hhs.gov/programs/orr/resource/children-entering-the-united-states-unaccompanied-guideci
• Participating in collaborative meetings with local stakeholders; and

to-terms#Child Advocate) for victims of trafficking and other vulnerable children. Child Advocates are third parties who make independent
recommendations regarding the best interests of a child. Their recommendations are based on information that is obtained from the child and other

sources (e.g., the child’s parents, potential sponsors, government agencies, and other stakeholders). Child Advocates formally submit their
recommendations to ORR and/or the immigration court in the form of Best Interest Determinations (BIDs). ORR considers BIDs when making decisions
regarding the care, placement, and release of unaccompanied alien children, but it is not bound to follow BID recommendations.
As required by the TVPRA, ORR provides Child Advocates with access to information necessary to effectively advocate for the best interests of children
with whom they are working. After providing proof of appointment, Child Advocates have access both to their clients and to their clients’ records. Child
Advocates may access their clients’ entire original case files at care provider facilities, or request copies from care providers.6 Further, they may participate
in case staffings.
Child Advocates and ORR maintain regular communication, informing each other of considerations or updates that impact service provision and release
planning.
Child Advocates’ duties include:
• Client Visits: The Child Advocate meets with the unaccompanied alien child regularly and speaks with the child’s care provider staff in order to
understand the child’s background and current situation.
• Decision Making: The Child Advocate helps the unaccompanied alien child understand legal and care-related issues, explains the consequences of
decisions made in response to those issues, and assists the child in making decisions when the child requests such help.
• Best Interests Advocacy: The Child Advocate develops a service plan containing best-interest recommendations with respect to the care,
placement, and release options; and keeps the care provider, ORR, and the legal service provider or attorney of record apprised of the plan and
advocacy efforts.
• Case updates: The Child Advocate collaborates and regularly communicates with the care provider, ORR, and other stakeholders in the planning
and performance of advocacy efforts. For children who have been released from ORR care, Child Advocates provide timely updates as appropriate
or as requested by ORR.

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In most cases, ORR appoints Child Advocates while children are in its custody. However, in its discretion, ORR may appoint Child Advocates for
unaccompanied alien children after their release from ORR care.
Posted 8/1/16

2.4 Sponsor Assessment Criteria and Home Studies
As noted in the Section 2.2 Application for Safe and Timely Release of an Unaccompanied Alien Child from ORR Care, the application process for
release of an unaccompanied alien child involves a number of steps, including background checks (see Section 2.5 ORR Policies on Requesting
Background Checks) and submission of the application by the sponsor. This section describes the criteria ORR uses to assess each potential sponsor’s
ability to provide for the physical and mental well-being of the unaccompanied alien child, and the role of home studies in the process.
The sponsor assessment reviews a sponsor’s strengths, resources, risk factors and special concerns within the context of the unaccompanied alien child’s
needs, strengths, risk factors, and relationship to the sponsor. ORR also determines whether to conduct a home study, as required by the law or as
necessary to ensure the welfare of the child
Revised 3/15/16

2.4.1 Assessment Criteria
ORR considers the following factors when evaluating family members and other potential sponsors:
• The nature and extent of the sponsor’s previous and current relationship with the child or youth and the unaccompanied alien child’s family, if a
relationship exists.
• The sponsor’s motivation for wanting to sponsor the child or youth.
• The unaccompanied alien child’s parent or legal guardian’s perspective on the release to the identified potential sponsor (for cases in which the
parent or legal guardian has designated a sponsor).
• The child or youth’s views on the release and whether he or she wants to be released to the individual.

7
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The sponsor’s plan to provide adequate care, supervision, access to community resources, ived J
and housing.
arch
The sponsor’s understanding of the importance of ensuring the unaccompanied208 child’s presence at all future hearings or proceedings,
alien
55
. 17including immigration court proceedings.
, No
s
The linguistic and cultural background of the child or youth on the sponsor, including cultural, social, and communal norms and practices for the
ssi and
v. Se
s
care of children.
Flore
The sponsor’s strengths, resources,n
ed i and mitigating factors in relation to any risks or special concerns of the child or sponsor, such as a criminal
cit

1
• The sponsor’s understanding of the unaccompanied alien child’s needs, as identified by ORR and the care, provider.
5 20
•
•
•
•

background, history of substance abuse, mental health issues, or domestic violence and child welfare concerns.

• The unaccompanied alien child’s current functioning and strengths in relation to any risk factors or special concerns, such as children or youth who
are victims of human trafficking; are a parent or are pregnant; have special needs, disabilities or medical or mental health issues; have a history of
criminal, juvenile justice, or gang involvement; or a history of behavioral issues.
Posted 1/27/15

2.4.2 Home Study Requirement
The care provider screens each case to determine whether to conduct a home study of the potential sponsor as required under the Trafficking Victims
Protection Reauthorization Act of 2008 (TVPRA) (http://www.gpo.gov/fdsys/pkg/BILLS-110hr7311enr/pdf/BILLS-110hr7311enr.pdf). Information
about the child is collected during initial placement into an ORR facility and throughout his or her stay. The care provider then uses the information
collected about and from the child in conjunction with the sponsor assessment process to determine whether to conduct a home study
(https://www.acf.hhs.gov/programs/orr/resource/children-entering-the-united-states-unaccompanied-guide-to-terms#Home Study). The TVPRA
requires home studies under the following circumstances:
1. The child is a victim of a severe form of trafficking in persons;
2. The child is a special needs child with a disability as defined by section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102);
3. The child has been a victim of physical or sexual abuse under circumstances that indicate that the child’s health or welfare has been significantly
harmed or threatened; or
4. The child’s sponsor clearly presents a risk of abuse, maltreatment, exploitation or trafficking, to the child based on all available objective evidence.
ORR also requires a home study before releasing any child to a non-relative sponsor who is seeking to sponsor multiple children, or who has previously
sponsored or sought to sponsor a child and is seeking to sponsor additional children. ORR requires a home study for children who are 12 years and under
before releasing to a non-relative sponsor.

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In circumstances in which a home study is not required by the TVPRA or ORR policy, the Case Manager and Case Coordinator may recommend that a
home study be conducted if they agree that the home study will provide additional information required to determine that the sponsor is able to care for the
health, safety and well-being of the child. See Footnote 5.
The care provider must inform the potential sponsor whenever a home study is conducted, explaining the scope and purpose of the study and answering
the potential sponsor’s questions about the process. In addition, the home study report will be provided to the potential sponsor if the release request is
denied. See also Section 2.7.7.
Home Study Report and Final Recommendation
A home study consists of interviews, a home visit, and a written report containing the home study case worker’s findings. A home study assesses the
potential sponsor’s ability to meet the child's needs, educates and prepares the sponsor for the child’s release, and builds on the sponsor assessment
conducted by the care provider staff to verify or corroborate information gathered during that process. The home study is conducted as a collaborative
psycho-educational process in which the home study case worker identifies areas where additional support, resources, or information are needed to
ensure a successful sponsorship, and provides corresponding psycho-educational assistance. The final recommendation must present a comprehensive
and detailed assessment of the sponsor’s ability to care for the needs of the child and address any additional information that emerges during the course of
the home study regarding the sponsor, the sponsor’s household or the child.
The home study provider must contact the care provider within 24 hours of home study referral acceptance, and must also contact the sponsor to schedule
the home visit within 48 hours of referral acceptance. The home study provider makes a recommendation to ORR about release with the sponsor. The
ORR Federal Field Specialist takes the home study provider’s recommendation into consideration when making a release decision. ORR has final authority
on release decisions.
The home study provider submits the written report within 10 business days of receipt of the referral. Any requests by the home study provider to extend
beyond 10 business days or to cancel a home study must be submitted in writing to the ORR Federal Field Specialist for consideration.
All releases following home studies require post-release services.
Must a child receive a Trafficking Eligibility or Interim Assistance Letter from HHS prior to being referred for a TVPRA-mandated home study
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No, a child does not need to receive a Trafficking Eligibility Letter from HHS prior to being referred
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home study under #1 above if, during the assessment for trafficking, the care.provider determines the child is a victim of a severe form of trafficking in
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In determining whether a TVPRA-mandated lhome study is required under #3 above, care providers consider the following questions:
in F
cited
under #1 above?

What is physical abuse?
Physical abuse is an act that results in physical injury, such as red marks, cuts, welts, bruises, broken bones, missing or broken teeth or muscle strains.
Acts of physical abuse include but are not limited to punching, beating, kicking, biting, hitting (with a hand, stick, strap or other object), burning, strangling,
whipping, or the unnecessary use of physical restraint.
Is physical abuse intentional?
Generally, physical abuse is intentional; however, physical abuse can occur when physical punishment goes too far. In other words, an accidental injury of
a child may be considered physical abuse if the act that injured the child was done intentionally as a form of punishment.
Must a child have physical injuries to meet the standard for physical abuse under #3?
No, in some cases, a child may not have physical injuries at the time the care provider makes an assessment. Children may be in various stages of the
healing process or thoroughly healed from the physical abuse by the time they arrive in ORR care.
For the purposes of #3, who can physically or sexually abuse a child?
A parent, legal guardian, caregiver or other adult with a special relationship to the child can physically or sexually abuse a child.
Who is considered to be a caregiver or adult with a special relationship?
A caregiver is defined as any person who is entrusted with the child’s care and who lives with the child. Other adults with a special relationship to the child
could include a teacher, priest, or health care provider.
What is sexual abuse?

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Sexual abuse of a child by a parent, legal guardian, caregiver or other adult with a special relationship to the child includes any of the following acts, with or
without the consent of the child or youth:
• Contact between the penis and the vulva or the penis and the anus, including penetration, however slight;
• Contact between the mouth and the penis, vulva, or anus;
• Contact between the mouth and any body part where the adult has the intent to abuse, arouse, or gratify sexual desire;
• Penetration of the anal or genital opening, however slight, by a hand, finger, object, or other instrument where the adult has the intent to abuse,
arouse, or gratify sexual desire;
• Any other intentional contact, either directly or through the clothing, of or with the genitalia, anus, groin, breast, inner thigh, or the buttocks where the
intent is to abuse, arouse, or gratify sexual desire;
• Any attempt, threat, or request by the adult to engage in the activities described above;
• Any display by the adult of his or her uncovered genitalia, buttocks, or breast in the presence of the child; and
• Voyeurism.
State laws on statutory rape are not the standard in assessing whether a youth has been sexually abused for the purposes of #3. Care providers use the
definition from the ORR rule concerning sexual abuse and harassment; however, for the purposes of determining when a home study is required, the
perpetrator is limited to a parent, legal guardian, caregiver or other adult with a special relationship to the child.
Under what circumstances is a child’s health or welfare considered to have been significantly harmed or threatened?
Care providers assess the totality of the circumstances in determining whether a child’s health or welfare has been significantly harmed or threatened. In
evaluating a specific case, care providers take into consideration not only the definitions of physical and sexual abuse listed
above, but also the circumstances surrounding the incident and any behaviors that the child or youth exhibits as a result of the abuse. Circumstances to
consider include but are not limited to: the amount of time that has passed since the abuse, the period of time in which the abuse occurred, the cultural
context in which the abuse occurred, the age of the child or youth at the time of the abuse, and the relationship between the youth and the perpetrator.
Care providers take into consideration the situations and behaviors listed below, but do not make a determination based7
1 solely on the presence or absence

20
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• The child experiences on-going medical issues from physical injuries.
208
55
. 17• The child exhibits negative or harmful behaviors, thoughts or emotions, such as, but not limited to, excessive hostility or aggression towards others,
, No
s
fire setting, cutting, depression, eating disorders suicidalsion
s ideation or substance abuse.
v. Se
s
Flore
In evaluating difficult cases, the care tprovider should consult with their ORR/FFS.
ed in
ci
of one of them.

Revised 1/9/17

2.4.3 Additional Questions and Answers on This Topic
Q: What happens if a new sponsor is identified during the sponsor assessment process?
A: If there are multiple potential sponsors, the ORR-funded care provider will exhaust all efforts to facilitate a release to a parent or legal guardian while
also contacting and evaluating other potential sponsors concurrently. ORR has release order preferences and will evaluate sponsors concurrently in
accordance with the preference orders to determine the best placement for the child.
Posted 1/27/15

2.5 ORR Policies on Requesting Background Checks of Sponsors
In order to ensure the safety of an unaccompanied alien child and consistent with the statutory requirements under the TVPRA of 2008, ORR requires a
background check of all potential sponsors. Depending on the circumstances, this process may involve background checks on criminal history, child
abuse/neglect checks (CA/N), and immigration background checks for the sponsor and, if applicable, adult household members and adult care givers
identified in a sponsor care plan. The background check takes place as soon as the potential sponsor has been identified, agreed to the background
check, completed the Authorization for Release of Information form, if applicable, and provided a copy of a valid government issued photo identification.
Adult household members and adult care givers identified in a sponsor care plan requiring background checks through non-public registries or searches
are also required to submit an Authorization for Release of Information and a copy of a valid government issued photo identification.7
Revised 3/15/16

2.5.1 Criteria for Background Checks
The background check process varies, depending in part on the relationship of the potential sponsor to the unaccompanied alien child:
• Parents and legal guardians (Category 1)

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• Other immediate adult relatives, such as brother, sister, aunt, uncle, grandparent or first cousin (Category 2)
• Distant relatives and unrelated adults (Category 3)
As a part of the process, all potential sponsors must undergo a public records check. The following indicates the minimum requirements for the process
for sponsors. ORR may require additional checks, verifications, or procedures for sponsors in any category if there are any unresolved issues or questions
related to the well being of the child.
The following table lists the types of background checks performed, and explains when they are performed, based on the potential sponsor’s relationship to
the unaccompanied alien child and other release considerations. (See also Section 2.7.4 (https://www.acf.hhs.gov/programs/orr/resource/childrenentering-the-united-states-unaccompanied-section-2#2.7.4), listing findings barring release)
Type of Background Check

Purpose

Persons Checked

When Performed

Public Records Check

Identifies arrests or convictions of sponsors,

Potential Sponsors in Categories 1-3

In all cases

adult household members, or others. If a check
reveals a criminal record or safety issue, it will

Non-sponsor adult household

be used to evaluate the sponsor’s ability to

members and adult care givers

provide for a child’s physical and mental well-

identified in a sponsor care plan

In all cases

Potential Sponsors in Categories 1-3

In all cases

Non-sponsor adult household

In all cases

being.
Sex Offender Registry Check, conducted

Identifies sponsors and others that have been

through the U.S. Department of Justice

adjudicated as sex offenders through a national

NSOPWand Public Registry Sites where

search and, if available, a local Public Registry

available

search.
members and adult care givers
identified in a sponsor care plan

,
uly 5
Potential Sponsors ved J
Provides information about immigration court
Immigration Status Check conducted
i in Category 1
rch
actions and immigration statuses, including
through the Central Index System (CIS),
08 a
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information about orders of removal. The . 17
the immigration database of non-citizens
o
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information is used primarily to verify
maintained by USCIS
sion
es
immigration status. . Spotential sponsor has
es v If a
lorissues that could lead to his or her
immigration
in F
cited
removal from the United States, the sponsor will

2017
Category 1 cases where there is a
documented risk to the safety of the
unaccompanied alien child, the child is
especially vulnerable, and/or the case is
being referred for a home study

be required to have a safety plan for the
unaccompanied alien child in the event the

Potential Sponsors in Categories 2-3

In all cases

sponsor leaves the United States. ORR does
not disqualify potential sponsors on the basis of

Where a public records check reveals

their immigration status.) As follow-up to the

possible disqualifying factors under 2.7.4;

Immigration Status Check, the Executive Office

Non-sponsor adult household

or where there is a documented risk to the

for Immigration Review (EOIR) Hotline provides

members and adult care givers

safety of the unaccompanied alien child,

the latest immigration court information.

identified in a sponsor care plan

the child is especially vulnerable, and/or
the case is being referred for a home study

Potential Sponsors in Category 1

Where there is a documented risk to the

National (FBI) Criminal History Check,

Determines whether a sponsor or adult

based on digital fingerprints or digitized

household member has a criminal history, has

safety of the unaccompanied alien child,

paper prints

been convicted of a sex crime, or has been

the child is especially vulnerable, and/or

convicted of other crimes that compromise the

the case is being referred for a home study

sponsor’s ability to care for a child.
Potential Sponsors in Categories 2-3
Non-sponsor adult household
members and adult care givers
identified in a sponsor care plan

Child Abuse and Neglect (CA/N) Check,

Checks all localities in which the sponsor or

obtained on a state by state basis as no

Where a public records check reveals
possible disqualifying factors under 2.7.4;
or where there is a documented risk to the
safety of the unaccompanied alien child,
the child is especially vulnerable, and/or
the case is being referred for a home study

Potential Sponsors in Categories 1-2

In cases that require a home study, and

household member has resided in the past 5

national CA/N check repository exists

In all cases

years

cases where a special concern is identified

Potential Sponsors in Category 3

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Non-sponsor adult household

In any case where a special concern is

members and adult care givers

identified

identified in a sponsor care plan

State Criminal History Repository Check

Assists in locating police or arrest records, or

and/or Local Police Check

other criminal offense details, as needed.

Potential Sponsors in Categories 1-3

Used on a case-by-case basis when there
is an unresolved criminal arrest or issue

Non-sponsor adult household

that is still in process

members and adult care givers
identified in a sponsor care plan

Revised 4/11/16

2.5.2 Results of Background Checks on Release Decisions
As an entity providing for the health and well-being of children and youth, ORR uses the results from background checks to determine whether release to a
potential sponsor is safe. A potential sponsor may be denied a release request, based on the results of a background check, and a release decision may
remain undecided until ORR obtains the results of a potential sponsor’s criminal history, immigration background checks, or child abuse and neglect
reports.
Criminal History
In the event that a background check of a potential sponsor or, if applicable, adult household member, reveals criminal history or a safety risk, the care
provider and ORR evaluate this information and request the potential sponsor to provide any additional information that may demonstrate the potential
sponsor’s ability to provide for the child’s physical and mental well-being.
If release is not barred by Section 2.7.4 (https://www.acf.hhs.gov/programs/orr/resource/children-entering-the-united-states-unaccompaniedsection-2#2.7.4), the decision to release a child or youth to a sponsor in these circumstances is based on all the following considerations:

7
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• The severity of the criminal and/or child abuse/neglect history;
ed J
rchiv
• The length of time that has passed since the criminal act or child abuse/neglect 208 a occurred;
allegation
55
• The relationship of the potential sponsor and other adult household members to the child or youth; and
. 17, No
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• The evidence, if any, of rehabilitation since the criminalssionchild abuse/neglect allegation occurred.
act or
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In cases where the proposed sponsoredother adult household member has been charged with, but not convicted of, a crime, ORR may postpone a final
or in
cit

release decision until the legal issue is resolved.

If the sponsor has an outstanding order of removal, or a pending order of removal that is related to an underlying criminal act, the decision to release a
child or youth to a sponsor in these circumstances is based on the considerations described above.
Sponsor Immigration Status
ORR does not disqualify potential sponsors on the basis of their immigration status. ORR uses status information to determine whether a sponsor care
plan is necessary in the event the sponsor is required to leave the United States. (See Section 2.6
(https://www.acf.hhs.gov/programs/orr/resource/children-entering-the-united-states-unaccompanied-section-2#2.6) Effect of Sponsor
Immigration Status on Release of Unaccompanied Alien Children)

Summary Table of Results of Background Checks and Next Steps
The following table shows procedures following the results of background checks.
Background Check Results

No arrest record; check completed

Next Steps

Proceed with release decision-making process. See Section 2.7 Recommendations
and Decisions on Release.

Criminal arrest record and/or substantiated adverse child welfare findings; check

Determine whether release is barred. See Section 2.7.4 Deny Release Request. If

completed

release is not barred, elevate safety issues for third party review. For any findings that
could affect safe release, care provider and/or ORR will obtain additional documents to
determine current situation (e.g. sponsor is on probation, criminal charges are resolved,
etc.). Final release decision shall take into account the criminal records and all other
relevant information that is available.

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Immigration status concern (e.g. out of status, no legal status, prior order of removal, or

Review FBI record and CIS database report, and/or Department of Justice/Executive

no immigration record for non-citizen)

Office of Immigration Review’s case status hotline for information related to possible
unresolved immigration issues.

Pending results; check not complete

ORR/FFS will provide instructions to care provider

Posted 1/27/15

2.5.3 Additional Questions and Answers on This Topic
Q1: Where can a sponsor get his or her fingerprints taken?
A1: ORR funds a network of digital fingerprint providers at locations that are not affiliated with law enforcement entities. Sponsors may also go to any local
police department for paper fingerprinting services in the event a digital fingerprint provider is not conveniently located near a sponsor’s location.
Fingerprinting services are not available at ORR headquarters and offices.
Q2: Is there a deadline for complying with a fingerprinting request?
A2: Yes. When required, fingerprints should be provided within 3 business days of the request. Release may be delayed if fingerprints are not provided
promptly.
Q3: Are potential sponsors required to disclose to the care provider that they have a record of a criminal charge or child abuse?
A: Yes. The sponsor must immediately advise the care provider of this situation and gather detailed documentation of the charges, dispositions, police
reports, and evidence of rehabilitation.
Q4: What happens if a public records or sex offender registry check returns disqualifying findings for a sponsor, adult household member, or
adult caregiver identified in the sponsor care plan?
A4: The Case Manager informs the sponsor, and provides the sponsor with a copy of the results. The sponsor and household member/adult care giver
may dispute the results, and provide further evidence or information that a check was not performed correctly (e.g., the wrong date of birth was used, the

7

individual’s name was spelled incorrectly, etc.). The Case Manager will rerun the check using the corrected information. If further information is required,
, 201
uly 5 caregiver to obtain the information, or
such as additional background checks, the Case Manager will work with the sponsor and household ed J
vmember/adult

chi
2
55
resides in the sponsor’s home, identifying a new adult care giver, etc.).
. 17, No
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Q5: What happens if an adult household member refuses s cooperate with a background check?
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A5: ORR may deny release when an adult n Flor
household member refuses to have a background check. When an adult household member refuses to
ed iwill review the circumstances of the refusal and all other relevant information that is available to determine
c ORR
cooperate with a background check,it

make other arrangements so that the safety risk to the unaccompanied alien child is mitigated r
08 a (e.g., taking steps so that the household member no longer

whether the release process will continue. A determination is made by judging what is in the best interests of the child. A child may not be released to any
sponsor until a determination is made that it is safe to do so.
Posted 1/27/15

2.6 Sponsor Immigration Status and Release of Unaccompanied Alien Children
ORR does not disqualify potential sponsors on the basis of their immigration status. ORR does seek immigration status information, but this is used to
determine if a sponsor care plan will be needed if the sponsor needs to leave the United States; it is not used as a reason to deny a family reunification
application.
Posted 1/27/15

2.6.1 Application Process
How does ORR obtain information about immigration status?
ORR asks potential sponsors for their Alien Registration Number on the Authorization for Release of Information form. In addition, as described below,
ORR requires certain sponsors to provide fingerprints for background checks, and those checks may produce information about the individual’s
immigration status. During the sponsor assessment process, case managers also ask sponsors about their immigration status.
Posted 1/27/15

2.6.2 Fingerprints
Who must provide fingerprints as part of the release process?
All non-parents and some parents and legal guardians are subject to fingerprinting requirements. Parents and legal guardians must submit fingerprints if
there is a documented risk to the safety of the unaccompanied alien child, the child is especially vulnerable, and/or the case is being referred for a home
study.

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What does ORR use the fingerprints for?
Using digital fingerprints or digitized paper prints, the HHS Office of Security and Strategic Information (OSSI), on behalf of ORR, conducts a check of the
FBI national criminal history and state repository records.
What information does ORR obtain from the FBI criminal history and state repository check?
The FBI criminal background and state repository check provides immigration arrests by immigration authorities, such as an illegal entry, and criminal
arrests, such as DUI and assault.
Revised 3/15/16

2.6.3 Other Background Checks Related to Immigration
What other checks related to immigration status might be conducted?
OSSI, on behalf of ORR, may conduct a check of the Central Index System (CIS), the immigration database of non-citizens. In addition, if OSSI has an
alien registration number for the potential sponsor, OSSI calls the Executive Office for Immigration Review (EOIR) Hotline for immigration court status.
When does ORR conduct a CIS check?
All non-parents and some parents and legal guardians are subject to CIS checks. Parents and legal guardians undergo a CIS check if there is a
documented risk to the safety of the UC, the UC is especially vulnerable, and/or the case is being referred for a home study.
What does the CIS check provide?
The CIS check provides immigration court actions and information about orders of removal or other immigration status.
Revised 3/15/16

2.6.4 Results of Immigration-Related Checks
What does ORR do with the results of the FBI fingerprint and CIS checks?
The information may be used to determine if a sponsor care plan will be needed in the event that the sponsor needs to leave the United States. In addition,
if the basis for an immigration action is underlying criminal activity, ORR and its grantee will review the underlying criminal activity to determine if it is

7
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immigration actions.
dJ
hive
8 arc
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Who else may have access to the results of the FBI fingerprint checks?
-552
o. 17 individuals, other than ORR grantees that are caring for the children.
ORR does not release the results of the FBI fingerprints to outside organizations or
s, N
sion
The FBI and DHS databases contain overlapping records,Sesthe FBI system automatically initiates a notification to the DHS system if a particular record
and
v.
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has been searched.
in Fl
cited
reason to disqualify the potential sponsor, as ORR does when evaluating other criminal activity uncovered during,the01
2 fingerprint process, but unrelated to

What is in a sponsor care plan?

A sponsor care plan identifies the individual that will assume care of an unaccompanied alien child if the sponsor becomes unable to care for the child. The
care plan also has guidance for sponsors on participating in post-release services and on other areas of care critical to the child’s adjustment in the family
and the community, such as maintaining mental health services for the unaccompanied alien child, accessing any needed special education, helping the
child avoid drugs and alcohol, and using appropriate parenting techniques.
Posted 1/27/15

2.7 Recommendations and Decisions on Release
ORR care providers must make a recommendation to release a child to a potential sponsor after the care provider has evaluated the sponsor, completed
the background checks, and collected necessary documentation to prove the sponsor’s identity and relationship to the child or youth. The recommendation
must take into consideration all relevant information, including the report and recommendations from a home study, if conducted; laws governing the
process; and other factors in the case. The ORR care provider makes a recommendation for release if the care provider concludes that the release is safe
and the sponsor can care for the physical and mental well-being of the child.
• The care provider Case Manager (https://www.acf.hhs.gov/programs/orr/resource/children-entering-the-united-states-unaccompaniedguide-to-terms#Case Manager)and the Case Coordinator (https://www.acf.hhs.gov/programs/orr/resource/children-entering-the-unitedstates-unaccompanied-guide-to-terms#Case Coordinators)must make a recommendation to the ORR/FFS
(https://www.acf.hhs.gov/programs/orr/resource/children-entering-the-united-states-unaccompanied-guide-to-terms#ORR/Federal Field
Specialist) on the release of the unaccompanied alien child to a particular sponsor. If the Case Manager and Case Coordinator cannot agree on a
particular recommendation, or if the case is particularly complicated, they may refer the case directly to an ORR/FFS for guidance on how to
proceed.
• After receiving the recommendation, the ORR/FFS (https://www.acf.hhs.gov/programs/orr/resource/children-entering-the-united-statesunaccompanied-guide-to-terms#ORR/Federal Field Specialist)or other ORR/Headquarters staff
(https://www.acf.hhs.gov/programs/orr/resource/children-entering-the-united-states-unaccompanied-guide-to-terms#ORR/Headquarters
Staff)reviews the recommendation.

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• The ORR/FFS makes a release decision in consideration of the recommendations from the care provider, the Case Coordinator, and other
stakeholders, including the home study provider and the Child Advocate, where applicable.
Only ORR (or ACF) has the authority to make the final decision on a release. The Case Manager, Case Coordinator, and other stakeholders have an
important role in making recommendations. In some cases, the ORR/FFS may send a case back to the Case Coordinator and Case Manager to obtain
additional information before he/she makes a release decision.
The ORR/FFS makes one of the following release decisions:
• Approve release to sponsor
• Approve release with post-release services
• Conduct a home study before a final release decision
• Deny release
• Remand for further information
The ORR/FFS elevates release decisions to the ORR Director, or the Director’s designee, for any UAC in a secure or staff secure facility, or for any UAC
who had previously been in a secure or staff secure facility. The ORR Director or designee makes release decisions for children in these types of facilities.
Revised 06/12/2017

2.7.1 Approve Release Decisions
A recommendation for a release without a home study or post-release services is made after a thorough assessment of the sponsor, the sponsor’s family
unit, and the needs of the child or youth are taken into consideration. The ORR/FFS makes this release decision when he/she determines that the release
is a safe release, the sponsor can care for the health and well-being of the child, and the sponsor understands that the child is to appear for all immigration
proceedings.
Posted 1/27/15

7
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uly 5
J
ved
The ORR/FFS may approve a release with post-release services when the release is determinedhi be safe and appropriate, but the unaccompanied alien
8 arc to
0
child and sponsor need additional assistance to connect them to appropriate resources in the community or to address other concerns, such as mental
-552
o. 17 agency. The sponsor must consent before services may be provided
health or other needs that could benefit from ongoing assistance from , social welfare
a N
ions
and may withdraw his or her consent at any time after services have begun, since post-release services are a voluntary service. These services are
Sess
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provided for 6 months after the unaccompanied ore child is released to the sponsor, unless ORR determines that services should be provided for a
in Fl alien
shorter or longer period of time. Post-ed
cit release services do not continue under any circumstances beyond an unaccompanied alien child’s 18th birthday.
2.7.2 Approve Release with Post-Release Services

Posted 1/27/15

2.7.3 Conduct a Home Study Before a Final Release Decision Can Be Made
The Case Manager and Case Coordinator will recommend to the ORR/FFS that a home study be conducted prior to making a release recommendation. If
the ORR/FFS agrees, he/she will approve that a home study be conducted before a final release decision can be made. The home study provider uses a
standardized template to complete the review; however, the provider may include any additional supporting documentation regarding the sponsor or the
child or youth, as applicable.
Once the Case Manager and Case Coordinator receive the home study results, they will review the case in light of the home study and make a release
recommendation to the ORR/FFS. (See Section 2.4.2 Home Study Requirements. (https://www.acf.hhs.gov/programs/orr/resource/childrenentering-the-united-states-unaccompanied-section-2#2.4.2))
Posted 1/27/15

2.7.4 Deny Release Request
ORR will deny release to a potential sponsor if any one of the following conditions exists:
• The potential sponsor is not willing or able to provide for the child’s physical or mental well-being;
• The physical environment of the home presents risks to the child’s safety and well-being; or
• Release of the unaccompanied alien child would present a risk to him or herself, the sponsor, household, or the community.
ORR may deny release to a Category 1 potential sponsor, and will deny release to a Category 2 or Category 3 potential sponsor, if any one of the following
conditions exists:8
• The potential sponsor or a member of the potential sponsor’s household:
Has been convicted of (including plea of no contest to) a felony involving child abuse or neglect, spousal abuse; a crime against a child or
children (including child pornography); or a crime involving violence, including rape, sexual assault or homicide;

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Has been convicted within the last five years of a felony involving physical assault, battery, or drug-related offenses;
Has been convicted of a misdemeanor for a sex crime, an offense involving a child victim, or a drug offense that compromises the sponsor’s
ability to ensure the safety and well-being of the child;
Has been convicted of alien smuggling or a crime related to trafficking in persons; or
Has other criminal history or pending criminal charges or child welfare adverse findings from which one could reasonably infer that the
sponsor’s ability to ensure the safety and well-being of the child is compromised;
or
• A potential sponsor or a member of the potential sponsor’s household has one of the following substantiated adverse child welfare findings:9
Severe or chronic abuse or neglect;
Sexual Abuse or other sexual offenses;
Abuse or neglect of other children in the household;
Long-term mental illness or deficiency;
Long-term alcohol or drug induced incapacity; or
Involuntary termination of the parental rights to another child.
Revised 3/15/16

2.7.5 Remand Release Request – Decision Pending
The ORR/FFS may remand the release request, which means that the ORR/FFS is sending the recommendation back to the Case Manager for additional
information or additional actions before a final release decision can be made. ORR records the date of the remand and the decision will be pending further
review until the documentation is provided or actions are taken.
Posted 1/27/15

2.7.6 Issues Related to Recommendations and Decisions

7
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uly 5
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Case managers, in consultation with Case Coordinators, will prepare a safety plan, as needed, chive
to address any outstanding needs the child may have after
8 ar unit and community. The goal of the safety plan is to
he/she is released and to ensure the child’s safe and successful integration into the5520 family
sponsor
. 17ensure the child’s safety.
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Sponsor Care Plan
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Unlike safety plans, sponsor care plansd inonly used for sponsors without immigration status. If a sponsor does not have immigration status, ORR will
e are
cit
Safety Plan

require the sponsor to ensure that a sponsor care plan is in place in the event that the sponsor needs to leave the United States or is otherwise unable to
care for the child. The plan identifies the individual who will assume care of the child and will abide by the terms of the sponsor care agreement. The goal is
to ensure an unaccompanied alien child has a caregiver, despite any complications resulting from the sponsor’s immigration situation.
Posted 1/27/15

2.7.7 Notification of Denial
If the ORR Director denies the reunification application of an unaccompanied alien child’s parent or legal guardian, the ORR Director notifies the
parent/legal guardian by sending a denial letter to the parent/legal guardian within 30 business days of receiving all the required information and
documentation in a specific case. If the sole reason for denial of release is concern that the unaccompanied alien child is a danger to himself/herself or the
community, the ORR Director sends a copy of the denial letter to the child.
The denial letter includes:
• An explanation of the reason(s) for the denial;
• Instructions on how to obtain the child’s case file;
• The supporting materials and information that formed the basis for ORR’s decision; and
• An explanation of the process for requesting an appeal of the denial (see Section 2.7.8 (https://www.acf.hhs.gov/orr/resource/children-enteringthe-united-states-unaccompanied-section-2#2.7.8)). The explanation also informs the prospective sponsor that he or she may submit additional
information to support an appeal request.
If ORR denies sponsorship to a potential sponsor who is not the parent or legal guardian of the child, the care provider notifies the potential sponsor,
providing the reasons for the denial verbally. If the sole reason for denial of release is concern that the unaccompanied alien child is a danger to
himself/herself or the community, the Director notifies the child in writing of the reason for denial as described above.
Revised 5/2/17

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2.7.8 Appeal of Release Denial
The parent/legal guardian may seek an appeal of the ORR Director’s denial decision by submitting a written request to the Assistant Secretary for Children
and Families within 30 business days of receipt of the final decision from the ORR Director. The appeal request must state the basis for seeking the
appeal, and may include any additional information that the requester believes is relevant to consideration of the request. The request may seek an appeal
without a hearing or may seek a hearing.
Without a Hearing: If the requester seeks an appeal without a hearing, the Assistant Secretary will consider only the denial letter and the information
referenced therein, as well as the appeal request and any additional supporting materials or information submitted by the requester. The Assistant
Secretary will notify the requester of a decision within 30 business days of receiving the request. If more information is needed to make a decision, or for
good cause, the Assistant Secretary may stay the request until he or she has the information needed. In these cases, the Assistant Secretary will send a
written explanation to the parent/legal guardian, communicating a reasonable process and timeframe for addressing the situation and making a
determination.
With a Hearing: If the requester seeks a hearing, the Assistant Secretary will schedule a teleconference or video conference, per the requester’s
preference, at which time the requester (or the requester’s representative) may explain the reasons why he or she believes the denial was erroneous. The
Assistant Secretary will consider the testimony and evidence presented at the hearing, in addition to the original denial letter and information referenced
therein, to make a determination. The Assistant Secretary will notify the requester of the decision in writing within 30 business days following the hearing.
The Assistant Secretary makes a determination based on the relevant law, regulations, and policies concerning release decisions (see Section 2.7.4
(https://www.acf.hhs.gov/orr/resource/children-entering-the-united-states-unaccompanied-section-2#2.7.4) for the basis of a release denial). Any
evidence submitted to the Assistant Secretary by ORR is shared with the requester in compliance with privacy protections. The Assistant Secretary
conducts a de novo review and may affirm or overturn the ORR Director’s decision, or send the case back to ORR for further action. Appeals are
recorded, and the requester may request a copy of the recording. The Assistant Secretary’s decision to affirm or overrule the ORR Director’s decision to
deny release to a parent/legal guardian is the final administrative decision of the agency on the application that had been under consideration. However, if
there is new information or a change in circumstances regarding the reunification application of a parent/legal guardian, or regarding the unaccompanied
alien child’s circumstances, a new reunification application may be submitted that highlights the change(s) and explains why such changes should alter the
initial decision. Similarly, if ORR discovers new information or becomes aware of a change in the circumstances of the parent/legal guardian and/or the
unaccompanied alien child, ORR may assess the case anew.
017

2
ly 5,
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Denial for sole reason that the unaccompanied alien child is a danger to himself/herself orhive
the community
arc
208
-55
If the sole reason for denial of release is concern that the unaccompanied alien child is a danger to himself/herself or the community, the unaccompanied
o. 17
, Nthe parent/legal guardian is not seeking an appeal. If the child expresses a
alien child may seek an appeal of the denial as described above,ions
ss provided
v. to e
desire to seek an appeal, ORR appoints a child advocate S assist the unaccompanied alien child in seeking the appeal. The unaccompanied alien child
lores
may seek such appeal at any time afterd in Fof release while the child is in ORR custody.
e denial
cit
Revised 5/2/17

2.8 Release from Office of Refugee Resettlement (ORR) Custody
Release from the ORR custody is a three-step process:
• After care planning, which occurs during the entire safe and timely release process.
• Transfer of physical custody of the child, which occurs as soon as possible once an unaccompanied alien child is approved for release.
• Closing the case file, which occurs within 24 hours of the unaccompanied alien child’s discharge.
Posted 1/27/15

2.8.1 After Care Planning
Throughout the release process, care providers work with the child and sponsor so that they can plan for the child’s after care needs. This involves working
with the sponsor and the unaccompanied alien child to:
• Prepare them for post-ORR custody
• Assess the sponsor’s ability to access community resources
• Provide guidance regarding safety planning (if applicable) and accessing services for the child
Once the sponsor assessment is complete and a sponsor has been approved, the sponsor enters into an agreement with the Federal government in which
he or she agrees to comply with the following provisions (see Sponsor Care Agreement)
(https://www.acf.hhs.gov/programs/orr/resource/unaccompanied-childrens-services#Family Reunification Packet for Sponsors):
• Provide for the physical and mental well-being of the child, including but not limited to, food, shelter, clothing, education, medical care and other
services as needed.

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• For those who are not the child’s parent or legal guardian, make best efforts to establish legal guardianship with the local court within a reasonable
time.
• Attend a legal orientation program provided under the Department of Justice/Executive Office for Immigration Review’s (EOIR) Legal Orientation
Program for Custodians (Sponsors), if available where he or she resides.
• Depending on where the unaccompanied alien child’s immigration case is pending, notify the local Immigration Court or the Board of Immigration
Appeals within 5 days of any change of address or phone number of the child (Form EOIR-33). (If applicable, file a Change of Venue motion on the
child’s behalf.10 A “change of venue” is a legal term for moving an immigration hearing to a new location.)
• Notify the DHS/U.S. Citizenship and Immigration Services within 10 days of any change of address by filing an Alien’s Change of Address Card
(AR-11) or electronically at http://www.uscis.gov/ar-11 (http://www.uscis.gov/ar-11).
• Ensure the unaccompanied alien child’s presence at all future proceedings before the DHS/Immigration and Customs Enforcement (ICE) and the
DOJ/EOIR.
• Ensure the unaccompanied alien child reports to ICE for removal from the United States if an immigration judge issues a removal order or voluntary
departure order.
• Notify local law enforcement or state or local Child Protective Services if the child has been or is at risk of being subjected to abuse, abandonment,
neglect or maltreatment or if the sponsor learns that the child has been threatened, has been sexually or physically abused or assaulted, or has
disappeared. (Notice should be given as soon as it is practicable or no later than 24 hours after the event or after becoming aware of the risk or
threat.)
• Notify the National Center for Missing and Exploited Children at 1-800-843-5678 if the unaccompanied alien child disappears, has been kidnapped,
or runs away. (Notice should be given as soon as it becomes practicable or no later than 24 hours after learning of the child’s disappearance.)
• Notify ICE at 1-866-347-2423 if the unaccompanied alien child is contacted in any way by an individual(s) believed to represent an alien smuggling
syndicate, organized crime, or a human trafficking organization. (Notice should be provided as soon as possible or no later than 24 hours after
becoming aware of the information.)
• In case of an emergency, such as serious illness, destruction of home, etc., temporarily transfer physical custody of the child to another person who
will comply with the terms of the Sponsor Care Agreement.
• In the event that a sponsor who is not the child’s parent or legal guardian is no longer able and willing to care for the unaccompanied alien child and
is unable to temporarily transfer physical custody, notify ORR using the ORR National Call Center, at 1-800-203-7001.

7
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uly 5not grant the child any legal immigration
The agreement includes the notice that the release of the unaccompanied alien child to the sponsor’s care does
dJ
hive
status and that the child must present himself or herself for immigration court proceedings. arc
8
0
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o. 17 the responsibilities in caring for the unaccompanied alien child’s needs
The care provider also provides the sponsor with a Sponsor Handbook that outlines
s, N
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for education, health, obtaining legal guardianship, findingSes
support to address traumatic stress, keeping children safe from child abuse and neglect and
s v.
from trafficking and exploitation. The handbooklore
in F reiterates the importance of continuing with immigration proceedings and includes links to EOIR’s website
and forms. The handbook discussesited related to employment, such as the Federal law prohibiting minors under the age of 18 from working in
c laws
hazardous occupations.
After care planning includes the care provider explaining the following to the unaccompanied alien child and the sponsor:
• The U.S. child abuse and neglect standards and child protective services that are explained on the Administration for Children and Families Child
Welfare Information Gateway (https://www.childwelfare.gov/)website.
• Human trafficking indicators and resources
• Basic safety and how to use the 9-1-1 number in emergency situations.
The care provider notifies all stakeholders of the child’s discharge date and change of address and venue, as applicable. Where applicable, ORR also
provides Child Advocates with access to their clients’ documents and forms, and helps child advocates to remain informed about their clients’ after-care
plans and legal proceedings. The care provider coordinates with the legal service provider or attorney of record to help complete the necessary legal
forms. Stakeholders notified of the change of address and, if applicable, request for change of venue for the immigration case include the U.S. Immigration
and Customs Enforcement (ICE) Office of Chief Counsel and the U.S. Executive Office for Immigration Review (EOIR) Immigration Court Administrator.
Revised 8/1/16

2.8.2 Transfer of Physical Custody
Once ORR approves an unaccompanied alien child for release, the care provider collaborates with the sponsor to ensure physical discharge happens as
quickly as possible (within 3 calendar days after ORR approves the release). The care provider notifies DHS prior to the physical release to allow DHS an
opportunity to comment on the imminent release as well as time to prepare any DHS paperwork for the ICE Chief Counsel’s office.
The care provider ensures that all the child’s belongings—including those he or she had at the time they entered ORR custody and any they acquired
during their stay—are given to the child and sponsor at time of release. The care provider also makes sure that the child and sponsor have copies of files
or papers needed for the child to obtain medical, educational, legal or other services following release.
Whenever possible, sponsors are expected to come to the care provider or to an offsite location designated by the care provider for the transfer of physical
custody of the child.

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Under extenuating circumstances (e.g., a sponsor cannot travel due to a medical condition), ORR may approve an unaccompanied alien child to be
escorted to a sponsor. Similarly, if a sponsor pick-up would result in delay of a timely release of the child, ORR may approve an escort for an
unaccompanied alien child.
If an unaccompanied alien child’s final destination involves air travel and the sponsor will not be traveling with the child, the care provider must follow the
procedures in the table below concerning care provider escorts and airline escorts.
Unaccompanied alien children who are under the age of 14 years old traveling via air may only be escorted by care provider staff, unless an ORR/FFS
Supervisor has approved the use of an airline escort in advance.
The sponsor is responsible for the unaccompanied alien child’s transportation costs and, if the care provider is escorting the child, for the care provider’s
transportation or airfare. If an airline escort is used, the sponsor is responsible for paying the airline’s unaccompanied alien minor service fee.
Under no circumstances will ORR pay for the sponsor’s airfare.
The following table summarizes procedures for each method of transfer.
Method of Transfer

Sponsor pick-up at care provider
facility

Pre-transfer Steps

At point of Transfer

• Case manager collaborates with the sponsor
on selecting a date and time for the sponsor to

• Care provider checks the sponsor’s identification upon arrival by comparing it
to the identification previously submitted by the sponsor in the FRP (see
Section 2.2.4)

pick-up the child
• Case manager notifies the sponsor that
he/she is required to bring the same valid
government issued photo identification
previously submitted by the sponsor in the
FRP (see Section 2.2.4)

• If the sponsor’s identification matches the identification previously submitted,
care provider gives the sponsor the unaccompanied alien child’s release
documents and personal possessions
• Care provider advises the sponsor, if traveling by airplane, to check in the child
at the ticket counter with a copy of the child’s DHS form I-862, Notice to Appear
• Care provider may not release the child unless the sponsor presents the same

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• Case manager collaborates with the sponsor
-5•5If traveling by air, at the departure airport, care provider escort checks in the
o. 17 child at the ticket counter with a copy of the child’s DHS form I-862, Notice to
in selecting a time and location for transfer,
s, N
sion
Appear
and flights for the child Ses
and care provider
s v.
escort Flore
• At the transfer location, care provider escort compares the sponsor’s
in
i Case
identification with the copy previously submitted by the sponsor in the FRP. If
c•ted manager notifies the sponsor that
valid government issued photo identification he or she submitted in the FRP.

Care provider escort to offsite
transfer location

he/she is required to bring the same valid

the identification documents correspond, care provider escort releases the child

government issued photo identification

to the sponsor and provides the sponsor with the release documents and the

previously submitted by the sponsor in the
FRP to the transfer location

child’s personal effects and papers
• Care provider escort may not release the child unless the sponsor presents the

• Case manager arranges for the sponsor to

same valid government issued photo identification he or she submitted in the

pay for the child and care provider escort’s

FRP. If the sponsor does not produce valid identification, if the care provider

transportation costs, including airline tickets

escort has concerns regarding the sponsor’s identity, or if the care provider

where applicable

escort has concerns regarding the safety of the situation upon meeting the
sponsor, the care provider escort will return with the child to the care provider

• Case manager prepares a copy of the
sponsor’s identification that was submitted in

facility

the FRP, for the care provider escort to take to
the transfer location

Travel via airline’s

• Case manager contacts the airline to obtain

unaccompanied alien minor

information on airline escort requirements, in

escort policy (only for youth 14

order to ensure that they are adequate to

years of age and older)

protect the safety of the child, and to ensure

• At the departure airport, care provider checks in the unaccompanied alien child
at the ticket counter with a copy of the DHS form I-862, Notice to Appear, and a
copy of the approved identification of the sponsor picking up the child
• At the departure airport, care provider gives the child their personal

that both the sponsor and the care provider

possessions and documents and a copy of the sponsor’s approved

can meet the requirements

identification, and mails an additional copy of the release documents to the

• Case manager arranges for the sponsor to
pay for the child’s airplane ticket and for the
airline unaccompanied alien minor escort fee
• Case manager ensures that the government
issued photo identification submitted by the

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sponsor
• At the destination airport, the sponsor arrives two hours before the child’s
arrival time, and contacts the care provider immediately to check in.
• The airline follows its standard procedures for escorting a child traveling alone
to the designated parent or guardian

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sponsor in the FRP will be acceptable to the

• The care provider contacts the sponsor shortly after the child’s scheduled
arrival time to confirm the child’s transfer from the airline representative to the

airline to complete custody transfer
• The care provider instructs the sponsor to
meet the unaccompanied alien child and

sponsor
• If the sponsor fails to arrive at the airport or fails to contact the care provider

escort at the airport with the identification they

upon arrival at the airport, the care provider will notify the ORR/FFS and the

submitted in the FRP, and to follow the

Project Officer, and the child will either be returned to the care provider or

requirements of the airline’s unaccompanied

taken to another nearby care provider facility.

alien minors escort policy

When arranging for children to travel with airline escorts, care providers should also refer to the U.S. Department of Transportation recommendations for
unaccompanied alien minors traveling by air (“When Kids Fly Alone”).
Revised 3/14/16

2.8.3 Closing the Case File
The care provider completes a Discharge Notification form within 24 hours of the physical discharge of a youth, and then emails the form to DHS and other
stakeholders. Once a child is released to a sponsor, ORR’s custodial relationship with the child terminates.
Although the custodial relationship ends, the care provider keeps the case file open for 30 days after the release date in order to conduct the Safety and
Well Being Follow Up Call (see Section 2.8.4) and document the results of the call in the case file. The care provider closes the case file record after
completing the Safety and Well Being Follow Up Call.
Revised 3/14/16

Section 2.8.4 Safety and Well Being Follow Up Call
Care providers must conduct a Safety and Well Being Follow Up Call with an unaccompanied alien child and his or her sponsor 30 days after the release

17
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upcoming court dates, and is safe. The care provider must document the outcome of the follow up ived the child’s case file, including if the care provider
h call in
8 arc up call indicates that the sponsor and/or child would
is unable to contact the sponsor or child after reasonable efforts have been exhausted.20 follow
If the
-55
benefit from additional support or services, the care provider must refer the o. 17 or child to the ORR National Call Center and provide the sponsor or
sponsor
, N
child the Call Center contact information. If the care provider believes that the child is unsafe, the care provider must comply with mandatory reporting
ions
Sess
v.
laws, State licensing requirements, and Federal laws and regulations for reporting to local child protective agencies and/or law enforcement.
ores
in Fl
cited
Revised 3/14/16
date. The purpose of the follow up call is to determine whether the child is still residing with the sponsor, is enrolled20or attending school, is aware of
y 5, in

2.8.5 Post-Release Services for UC with Zika Virus Disease or Infection
Testing
ORR follows CDC guidance and recommendations for Zika virus laboratory testing. CDC recommends testing for all pregnant UC without symptoms, but
who are from or traveled through areas with ongoing Zika virus transmission and are within 2–12 weeks of arrival in the United States. Other UC who
develop two or more symptoms consistent with Zika may be tested for Zika virus upon consultation with a healthcare provider.
Post-Release Referrals
Pregnant UC who are diagnosed with Zika virus disease, have laboratory results compatible with Zika virus infection, or have laboratory results that cannot
rule out Zika virus infection will be referred for post-release services. Similarly, UC who delivered while in ORR care will be referred for post-release
services if they were diagnosed with Zika virus disease, had laboratory results compatible with Zika virus infection, or had laboratory results that cannot
rule out Zika virus infection while pregnant.
In some cases, asymptomatic pregnant UC are released pending lab results. In those cases, ORR will communicate their test results to them and their new
healthcare provider. If their results are compatible with Zika virus infection or if Zika virus infection cannot be ruled out, ORR will refer them for post-release
services.
Post-Release Services
Post-release services for eligible UC described above include the full range of post-release services with a focus on connecting the UC to prenatal care
and maternal-child resources.
For more information about the Zika virus, please go to the CDC website at: www.cdc.gov/zika/index.html (http://www.cdc.gov/zika/index.html)

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Posted 5/2/16

2.8.6 Release for Children with Legal Immigration Status
Some unaccompanied alien children may obtain legal immigration status while in ORR care. ORR may also discover during the process of placing and
providing services to a child that he or she already has legal immigration status or is a U.S. citizen. By law, ORR is not authorized to have custody of
children with legal immigration status or U.S. citizenship. Therefore, these children cannot remain in ORR’s care, and ORR must release them from ORRfunded care provider facilities.
As soon as ORR determines that an unaccompanied alien child may be eligible for legal status, ORR begins development of a Post Legal Status Plan. The
case manager develops the plan, and ORR approves it, tailoring it to the needs and pending immigration status of the child.
As is the case for all UAC, ORR continually makes efforts to reunify children who have promising immigration cases with family members. However, if no
parent, legal guardian, relative, or other suitable adult is available, ORR and the care provider, as part of the development of the Post Legal Status Plan,
identify alternative placements for the child, including specialized programs, state or county entities or licensed nonprofit organizations that will take
custody of the child. In limited circumstances, children with certain types of immigration status may be eligible for release into ORR’s Unaccompanied
Refugee Minors (URM) Program. Placement in the URM Program is limited by type of immigration status and the availability of appropriate placement
options. ORR will not release children on their own recognizance under any circumstances.
Posted 5/8/17

Footnotes
1. As per the release order preference outlined in Flores v. Reno Stipulated Settlement Agreement, No. 85-4544-RJK (Px) (C.D. Cal., Jan 17, 1997).
2. These categories were created for program use, to help identify potential sponsors. They are not intended to replace the legal order of preference
established in Flores.

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responsibility to find and submit them.
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4. Verification of the potential sponsor’s relationship to the child is a minimum step-required by the TVPRA to determine a potential sponsor’s suitability and
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capability of providing for the child’s physical and mental well-being. See 8 U.S.C. § 1232. As a result, as stated above, ORR may in its discretion require
ions
Sess
the submission of multiple forms of evidence.
v.
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in Fl
d
5. ORR/FFS Supervisors are the finale
cit authority for approving discretionary home studies (See Section 2.4.2)
2
3. The care provider may offer assistance to potential sponsors in securing necessary documentation, but it is ultimately the potential sponsor’s
y 5,

6. Child advocates must keep the information in the casefile, and information about the child’s case, confidential from non-ORR grantees, contractors, and
Federal staff.
7. An Authorization for Release of Information is not required for sponsors, adult household members, or adult care givers identified in a sponsor care plan
undergoing a sex offender registry check. An Authorization for Request of Information also is not required for sponsors, adult household members and
adult caregivers identified in a sponsor care plan undergoing a public records check. However, sponsors will receive notice that public records and sex
offender registry checks will be performed, and will have an opportunity to explain the results of these checks to ORR. ORR will also provide a method for
disputing the results of checks.(See Section 2.5.3 (https://www.acf.hhs.gov/programs/orr/resource/children-entering-the-united-statesunaccompanied-section-2#2.5.3), Q4).
8. ORR will also reject any sponsor care plans that identify an adult care giver who has any of the disqualifying criteria.
9. See U.S. Dept. of Health and Human Services, Children's Bureau. Grounds for involuntary termination of parental rights, at 2. Washington, DC: Child
Welfare Information Gateway, Jan. 2013.
10. The Change of Venue motion must contain information specified by the Immigration Court. A Change of Venue motion may require the assistance of
an attorney. For guidance on the “motion to change venue,” see the Immigration Court Practice Manual at
www.justice.gov/eoir/vll/OCIJPracManual/ocij_page1.htm (http://www.justice.gov/eoir/vll/OCIJPracManual/ocij_page1.htm). For immigration case
information please contact EOIR’s immigration case information system at 1-800-898-7180. Visit EOIR’s website for additional information at:
www.justice.gov/eoir/formslist.htm (http://www.justice.gov/eoir/formslist.htm).

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Last Reviewed: June 23, 2017

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