Child-Level Event Definitions Document

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Administration and Oversight of the Unaccompanied Children Program

Child-Level Event Definitions Document

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Child-Level Event Category Definitions


Emergency Significant Incident Report

Category & Subcategory

Definition

DEATH OF A UC

A child dies while in ORR custody

INCIDENTS INVOLVING WEAPONS

Possession

Use

A weapon is defined as an object that 1) is not permitted to be in the child's possession and 2) can reasonably be used to physically harm themselves or others; or an object that the child is permitted to have but is not used for its intended purpose

MEDICAL EMERGENCY

Signs or symptoms that would reasonably be considered to require immediate medical attention to prevent death, loss of or significant damage to an organ or body function, or a pregnancy complication

Acute Illness

A medical condition that arises suddenly/without any pre-existing symptoms resulting in need for immediate medical attention

Exacerbation of a chronic medical condition

An increase in the severity of a pre-existing medical condition/symptoms that warrants immediate medical attention

Injury or misadventure

Bodily harm that results from accident or horseplay and requires immediate medical attention

Pregnancy-related

A medical condition that arises due to pregnancy and requires immediate medical attention. This is not for abortion requests

Psychiatric admission

Child is admitted to a psychiatric facility

Severe abuse/neglect

Intentional bodily harm, or harm that occurs through neglect (failure to provide food, clothing, shelter, medical care, or other basic entitlement that results in endangerment to the child's health or well-being) that subsequently requires immediate medical attention

Severe medical error

A preventable adverse effect from a medical-related mistake that requires immediate medical intervention

Severe mental health symptoms, without self-harm

Sudden changes in behavior or thinking that suggest acute psychosis or mania; expression of homicidal intention with a plan; or displays of non-redirectable severe aggression

Severe self-harm

Self-injury that requires emergency medical attention

Substance use

The use of prescribed/over-the-counter medications for purposes other than as prescribed by a medical professional, illegal drugs, or alcohol, which requires immediate medical attention or impacts normal function to the extent that the child is at greater risk for injury or harm. This may be related to an underlying substance use disorder, but also may be an isolated incident

Suicidal ideation with a plan

Child expresses the desire to end their life and communicates a plan

SEXUAL ABUSE OF MINOR BY ADULT

Sexual abuse—as defined by the Interim Final Rule, Standards to Prevent, Detect, and Respond to Sexual Abuse and Sexual Harassment Involving Unaccompanied Children—that is perpetrated by care provider staff against a child

Actual or simulated sexual intercourse

A staff member having sexual intercourse with a child or simulating an act of sexual intercourse with a child

Any display of staff's uncovered buttocks, breast, or genitalia in the presence of a child

A staff member exposes their uncovered buttocks, breast, or genitalia in the presence of a child

Bestiality

A staff member intentionally penetrates an animal's anal, oral, or genital area by a body part or object

Forcing a child to engage in sexual exploitation of another child

A staff member forces a child to molest another child

Masturbation

A staff member touches their own genitals for sexual pleasure

Molestation

A staff member penetrating or touching a child's buttocks, breasts, anal, oral, or genital area with a body part or object in a way that is unrelated to official job duties with the intent to abuse, arouse, or gratify sexual desire

Possession or use of child or adult pornography

A staff member has in their possession media (magazine, photo, video, etc.) of naked or partially clothed adults or children, and the media is intended for sexual pleasure or gratification; A staff member shows such media to a child

Prostitution of a child

A staff member selling or exchanging the sexual favors of a child to another person

Sadistic or masochistic abuse

A staff member receives sexual pleasure or gratification when inflicting suffering on a child, or having it inflicted upon their own self

Voyeurism

Inappropriate invasion of privacy of a child by staff for reasons unrelated to official duties, such as viewing a child perform bodily functions or bathing; requiring a child to expose his or her buttocks, genitals, or breasts; watching a child change clothing; recording images of all or part of a child’s naked body

Any attempt, threat, or request to engage in any of the activities above

A staff member attempts, threatens, or requests to engage in any of the activities above with a child

SEXUAL ABUSE OF MINOR BY MINOR

Sexual abuse—as defined by the Interim Final Rule, Standards to Prevent, Detect, and Respond to Sexual Abuse and Sexual Harassment Involving Unaccompanied Children—that is perpetrated by a child against another child

Bestiality

A child intentionally penetrates an animal's anal, oral, or genital area by a body part or object

Child prostitution

A child is paid or is provided an exchange of favors/objects to perform sexual acts

Forcing a child to touch/penetrate genitalia, anus, groin, breast, inner thigh, or the buttocks of themselves or another child

One child forces another child to touch/penetrate genitalia, anus, groin, breast, inner thigh, or the buttocks of themselves or another child

Intentional touching, directly or through clothing, of another's genitalia, anus, groin, breast, inner thigh, or buttocks

Child receives an intentional touch by another child directly or through clothing, of another's genitalia, anus, groin, breast, inner thigh, or buttocks. Incidental touching through horseplay or sports, as well as accidental touching, do NOT constitute sexual abuse

Knowingly masturbating in another person's presence

A child intentionally rubs their genitals for sexual pleasure in front of other people with the intent of being watched/viewed

Lascivious exhibition of the genitals or pubic area of a person or animal

A child purposely exposes buttocks, breast, or genitalia of self, another child, or animal for the purpose of sexual gratification or arousal or eliciting a sexual response

Penetration of another child's anal, oral, or genital area by a body part or object

Child penetrates another child's anal, oral, or genital area with a body part or object

Possession or use of child pornography

A child possesses or views media (magazine, photo, video, etc.) of naked or partially clothed children for sexual pleasure or gratification

Sadistic or masochistic abuse

A child receives sexual pleasure or gratification when inflicting suffering on another child, or having it inflicted upon themselves

UNAUTHORIZED ABSENCE

A child leaves their ORR placement without permission, and the shelter does not know the whereabouts of the child or is unable to get the child to return. Momentary lapses in line-of-sight supervision do NOT constitute an unauthorized absence, such as when a Youth Care Worker realizes a child is missing, but subsequently finds the child in the bathroom, their own room, in the hallway, on the recreation field, etc. Note for Long-Term Foster Care programs: Care providers may wait 4 hours from discovery of the child’s absence to determine whether the unauthorized absence attempt was successful before reporting to law enforcement, state licensing, and NCMEC. If the child returns to the provider within 4 hours, the event may be documented as a Behavioral Note.


Non-Emergency Significant Incident Report

Category & Subcategory

Definition

ABUSE/NEGLECT BY ADULT

Abuse and neglect allegations that are perpetrated by care provider staff. These SIRs are NOT for reporting alleged behaviors by children

Non-medical child neglect

Failure to provide adequate food, water, clothing, shelter, or other basic necessities, as well as punitive, careless, and/or unnecessary denial of access to other basic entitlements such as education, legal aid, exercise, recreation, bathroom usage, and communication/correspondence with families, sponsors, or attorneys

Physical abuse

Causing non-accidental physical harm to a child that includes, but is not limited to, bruises, cuts, sprains, in addition to physical mistreatment such as punching, shoving, kicking, beating, hitting, biting, shaking, or dragging a child

Verbal or emotional abuse

Criticisms, comments, behaviors, or threats that cause harm to a child’s psychological, intellectual, or emotional functioning/stability or self-esteem, which may be exhibited by a child’s anxiety, loneliness, fear, sadness, withdrawal, aggression, and/or loss of trust with staff

BEHAVIORAL SAFETY MEASURE

An intervention to be used only as a last resort to prevent harm to the child or others

Physical Restraints

A restraint involving the physical holding of a child in which a child's freedom of movement is restricted by means of staff physically holding the child for their safety or the safety of others

Seclusion

A de-escalation method of last resort involving placing a child in a room alone while the child de-escalates

Soft restraints

A restraint made of fabric, foam, padding, velcro, etc. that is designed to limit the movements of a child in order to prevent harm to that child or others; examples include soft mitts, seat belts, or fabric limb restraints; see also, UC Policy Guide Section 3.3.17 Use of Restraints During Transport and in Immigration Court

CHILD BEHAVIORAL CONCERNS THAT THREATEN SAFETY

Observations that a child may pose a safety risk to themselves or others because of their potentially dangerous or aggressive behavior

Destruction of property

A child's destruction of property that threatens their own safety or the safety of others

Physical aggression

A child's physical behavior that threatens their own safety or the safety of others

Use of drugs or alcohol

A child's use of illegal drugs or alcohol

Verbal aggression

A child's verbal behavior that threatens their own safety or the safety of others

EXTERNAL THREATS TO UC

Concerns that a child in ORR care may be susceptible to an external threat after they are released from ORR care, or that a sponsor has experienced a threat of potential harm

Actual or potential fraud schemes

Knowledge or suspicion that the sponsor or child in ORR care has received threats by fraudulent actors in the United States

Labor trafficking concern or risk identified

Knowledge or suspicion that a child in ORR care may be at risk of being forced to perform labor under coercion, force, intimidation, or fraud by a perpetrator in the United States after they are released from ORR care

Sex trafficking concern or risk identified

Knowledge or suspicion that a child in ORR care may be at risk of sexual exploitation by a perpetrator in the United States after they are released from ORR care

Threats related to crime or organized crime

Knowledge or suspicion that a child in ORR care may be at risk of criminal exploitation by a perpetrator in the United States after they are released from ORR care

HEALTHCARE ERROR

Errors by care provider staff involving medical treatment or diagnosis

Health-related neglect

Failure to provide medical treatment or mental health care needed by the child that leads to potential or actual minor harm to a child; or failure to recognize obvious signs of physical injury or medical/mental illness that do not warrant emergency medical attention

Inappropriate health intervention (i.e., incorrect procedure, incorrect patient)

An evaluation, diagnostic procedure, or treatment plan that is done incorrectly or inappropriately, or performed on the wrong child

Medication/vaccine administration error

Staff gives a child the wrong medication or vaccine (or incorrect dose thereof) and causes a preventable medical error that results in either minor medical effects and does not lead to a medical emergency, or lacks the potential to cause harm to the child

INAPPROPRIATE SEXUAL BEHAVIOR

Inappropriate sexual behaviors committed by either care provider staff or a child


Singular instances of inappropriate, sexual, derogatory, or offensive conduct that 1) are not serious enough to rise to the level of sexual abuse and 2) have not occurred repeatedly so as to constitute sexual harassment. Additionally, in the case of a child perpetrator, the conduct must involve behavior that is not developmentally appropriate for the child's age. For example, an adolescent may draw genitalia on a chalkboard or yell an obscenity across a classroom, but these are typical, developmentally appropriate behaviors that should not be labeled, punished, or documented as an Inappropriate Sexual Behavior SIR

INCIDENTS INVOLVING LAW ENFORCEMENT ON-SITE

Any instance of law enforcement activity at a care provider

Arrest

A law enforcement arrest occurs when law enforcement come to the facility or foster home to arrest a child

Interview

A law enforcement interview occurs when law enforcement come to the facility or foster home to question a child

Investigate/Response

A law enforcement investigation/response occurs when law enforcement come to the facility or foster home in response to a request for assistance involving an incident that requires notifying the police

Search

A law enforcement search occurs when law enforcement come to the facility or foster home to look through the child's room, their possessions, or the child's person

INTENTIONAL DOCUMENT/INFORMATION FRAUD


Concerns about fraud perpetrated by either an adult claiming to be an unaccompanied child, or by a child’s sponsor. Purposeful falsification of information on identity documents or other relevant paperwork.

MENTAL HEALTH CONCERNS

Concerns about a child’s mental health that may warrant some form of support, assistance, or intervention

Hallucinations

Child has a known history of psychosis or hallucinations and expresses that symptoms are actively presenting, but remains cooperative and redirectable

Homicidal ideations without a plan

Child has thoughts of harming others but has no plan or intention to do so

Self-harm that does not require emergency medical intervention

Non-suicidal self-injury that is minor and does not require medical attention

Suicidal ideation without a plan

Child generally states that they have thoughts of ending their life, but does not express any specific details, intention, or plan to do so

REQUEST FOR TERMINATION OF PREGNANCY

A child who is pregnant requests to terminate their pregnancy and is not in need of immediate medical attention or assessment

RUNAWAY ATTEMPT

A child 1) runs away but immediately returns on their own, or 2) runs away but is soon thereafter recovered by program staff, or 3) makes a clear attempt to leave but is prevented from doing so

SEXUAL HARASSMENT

Sexual harassment—as defined by the Interim Final Rule, Standards to Prevent, Detect, and Respond to Sexual Abuse and Sexual Harassment Involving Unaccompanied Children—that is perpetrated by either care provider staff or a child

Repeated gestures of a derogatory or offensive sexual nature

Repeated flirtatious conduct that may not necessarily be intended to elicit a sexual response but is nonetheless sexual in nature or inappropriate/offensive

Repeated and unwelcome sexual advances or requests for sexual favors

Repeated conduct that is intended to elicit a sexual response by the child victim

Repeated verbal comments, phone calls, and/or all electronic communications that are derogatory or sexual in nature

Repeated verbal comments, phone calls, and/or electronic communications that are derogatory or sexual in nature

STAFF CODE OF CONDUCT & BOUNDARY VIOLATION

Staff Code of Conduct violations that are romantic or sexual in nature or that otherwise violate the professional boundary between care provider staff and children

Cohabitating with a UC before the child turns 21 years old

A staff member who lives with a child before the child turns 21 years old post-release

Engaging in a romantic relationship with a UC while the child is in ORR care or before the child turns 21 years old

A staff member who engages in a romantic relationship with a child in ORR care or before the UC turns 21 years old post-release

Failing to confine relationships with UC families and sponsors to within scope of duties

A staff member who fails to confine relationships with a child's family or sponsor to within scope of duties

Failing to report any knowledge, suspicion, or information about sexual abuse, sexual harassment, or inappropriate sexual behavior

A staff member who fails to report any knowledge, suspicion, or information about sexual abuse, sexual harassment, or inappropriate sexual behavior

Having any contact with any UC outside of the care provider facility beyond scope of duties while the child is in ORR care or before the child turns 21 years old

A staff member who has any contact with a child outside of the care provider facility beyond scope of duties while the child is in ORR care or before the UC turns 21 years old post-release

Providing letters, gifts, pictures, or any personal contact/social media information with any UC in ORR care or before the UC turns 21 years old

A staff member who provides letters, gifts, pictures, or any personal contact/social media information with a child in ORR care or before the UC turns 21 years old post-release


Historical Disclosure

Category & Subcategory

Definition

ABUSE/NEGLECT IN DHS CUSTODY


Abuse/neglect by CBP or ICE

See definitions for Physical Abuse, Non-Medical Child Neglect, Health Related Neglect, Sexual Harassment, and Inappropriate Sexual Behaviors above in the Non-Emergency SIR Section and definitions for Sexual Abuse in the Emergency SIR section above; also includes reports of deficient living conditions, disability accommodations complaints, use of force, religious accommodations complaints, retaliation by staff, and staff keeping children's money, documents, medicine, or other possessions to which the child is entitled to keep

Family separation by DHS

The separation of a child and their parent or legal guardian by DHS

Previous enrollment in DHS Migrant Protection Protocols program

The Migrant Protection Protocol (MPP) was also known as the "remain in Mexico" policy whereby immigrants who arrived at the Southern Border were forced to wait in Mexico for their duration of their immigration proceedings. While MPP was not supposed to be applied to UC, it is possible that during MPP's broad use between January 24, 2019 and June 30, 2022, it may have been erroneously applied to some UC

Restraints or isolation in CBP or ICE custody

Use of any type of restraint or seclusion method, for any reason, that limits a child's mobility or prevents their interaction with others

PAST ABUSE/NEGLECT NOT IN ORR CARE OR DHS CUSTODY


Physical abuse

See definitions for Physical Abuse, Non-Medical Neglect, and Health Related Neglect above in Non-Emergency SIR section

Verbal or emotional abuse

See definition for Verbal/Emotional Abuse above in Non-Emergency SIR section

Sexual abuse

See definitions for Sexual Abuse in the Emergency SIR section above

Sexual harassment

See definitions for Sexual Harassment in the Non-Emergency SIR section above

Labor trafficking concerns

Any scheme, plan, or pattern to recruit, transport, hold, or use a child for the purpose of performing labor through force, fraud, or coercion

Sex trafficking concerns

Any indication that a child was recruited, held, transported, or solicited for—or otherwise made to engage in—a commercial sex act in exchange for something of value (food, shelter, money, debt, etc.), regardless of whether there was fraud, force, or coercion

Smuggling

Any indication that a child was transported across an international border and made subject to exploitative conditions over the course of their journey (This is not to be used where a child simply discloses they received some kind of assistance with getting to the U.S., but rather when that assistance was accompanied with some kind of exploitation)

Forced marriage with adult still in home country

Any indication that the child was forced to marry someone else against their will in home country

Forced marriage with adult in United States

Any indication that the child has arrived with an adult whom they were forced to marry in home country, the child does not want to be in the marriage, and there may be reason to believe the child is being abused or exploited in the marriage and should therefore be separated from the spouse for their safety

Neglect/abandonment

See definitions for Non-Medical Child Neglect and Health Related Neglect above in Non-Emergency SIR Section

Domestic violence

The use of violence, intimidation, and/or abuse by one family member on another. The frequency, duration, and severity of domestic violence can vary dramatically across circumstances

Adolescent/teen dating violence

Teen dating violence—also referred to as intimate partner violence—includes any kind of abuse or harassment in an adolescent romantic relationship

Inappropriate health intervention

A health service that is medically unnecessary, harmful, and/or against the child's wishes

Past mental health concerns

Any concerns raised by the child related to anxiety, depression, suicidal ideation, or other mental health symptoms or challenges

Witnessing traumatic events

Instances where a child is not the victim of a traumatic event but was still a witness to the event

Other harmful or traumatic events

Traumatic events that are not captured above but may be worth noting for the purpose of providing relevant support services

SELF-DISCLOSED JUVENILE DELINQUENCY


Self-Disclosure of past juvenile delinquency charges

Child discloses instance from home country where he was charged with a crime under that country's laws

Self-Disclosure of past juvenile delinquency convictions

Child discloses instance from home country where he was convicted of a crime under that country's laws

Self-Disclosure of past harm to others that lacks a charge or conviction

Child discloses instance from home country where he engaged in potentially unlawful behavior for which he was never charged or convicted


Behavioral Note

Category & Subcategory

Definition

BEHAVIORAL INTERACTIONS WITH OTHER UC

1) Behavioral interactions between children that demonstrate positive habits, resilience, personal growth, skill-building, or other meritorious actions/traits; 2) Behavioral interactions between children that do not threaten immediate safety and are otherwise benign and developmentally appropriate, but potentially worth documenting in the event that a behavioral pattern emerges that requires intervention or support

BEHAVIORAL INTERACTIONS WITH ADULT

1) Behavioral interactions between a child and care provider staff that demonstrate the child's positive habits, skill-building, resilience, or other meritorious actions/traits; 2) Behavioral interactions between children and staff that do not threaten immediate safety and are otherwise benign and developmentally appropriate, but potentially worth documenting in the event that a behavioral pattern emerges that requires intervention or support

INDIVIDUAL BEHAVIOR

1) Behavioral observations involving a singular child that demonstrate the child's positive habits, skill-building, resilience, or other meritorious actions/traits; 2) Behavioral observations involving a singular child that do not threaten immediate safety and are otherwise benign and developmentally appropriate, but potentially worth documenting in the event that a behavioral pattern emerges that requires intervention or support


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AuthorHerboldsheimer, Shannon (ACF)
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File Created2024-07-20

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