HHS proposed rule to enhance protections for unaccompanied minors

The U.S. Department of Health and Human Services (HHS), through the Administration for Children and Families (ACF) Office of Refugee Resettlement, has announced a proposed "Foundational" rule for the ORR's Unaccompanied Children (UC) Program.

What's new

The proposed "Foundational" rule seeks to establish a regulatory framework that would strengthen the services and protections provided to unaccompanied children in HHS custody. Key elements of the proposed rule include: 

• The rule incorporates provisions from the Flores Settlement Agreement, defining standards for the placement and release of unaccompanied children, emergency operations, transportation, and monitoring requirements.
• It formalizes and expands legal services, child advocate access, post-release services, and language access to ensure that unaccompanied children have the necessary support for their well-being and legal proceedings.
• The rule introduces procedural protections, including custodial redetermination hearings to replace bond hearings, and establishes the Placement Review Panel (PRP) and independent oversight mechanisms to safeguard the rights of unaccompanied children.
• It establishes an Office of the Ombuds to receive, investigate, and address concerns about government actions, enhancing HHS oversight of the ORR's unaccompanied children program operations.

What they're saying

The HHS Secretary commented on the role of the rule in minor protection, saying, "HHS is committed to the well-being and safety of unaccompanied children in our care. This proposed rule takes significant steps to ensure that these vulnerable children are protected and supported as they transition into new communities."

ORR Director Robin Dunn Marcos stated, "ORR is legally required to provide for the care of all unaccompanied children referred to it until they are appropriately and safely released to a vetted sponsor, and we take that directive very seriously. The proposed rule we are announcing today codifies and expands on steps we have taken to protect the children we serve, particularly in terms of high-quality care, due process protections, language access, post-release services, and oversight."

Impact on minor protection

By codifying and expanding upon existing requirements and regulations, this rule aims to bolster the well-being and safety of unaccompanied children in HHS custody. 

Through mandated provisions from the Flores Settlement Agreement, enhanced service offerings, due process protections, and independent monitoring mechanisms, the rule hopes to ensure these vulnerable minors receive the care, legal support, and oversight they require. This comprehensive framework is designed to provide unaccompanied minors with better access to services and legal representation while maintaining oversight.

What's next

The proposed rule will be open for a 60-day public comment period. During this time, interested parties, stakeholders, and the general public will have the opportunity to provide input and feedback on the proposed rule. Further steps involve public input, potential revisions, and the finalization and implementation of the rule, with the extent of implementation being contingent on funding from Congress.

See also: HIPAA Compliant Email: The Definitive Guide