Attachment A_Response to Public Comments

Services for Unaccompanied Alien Children with Disabilities

OMB Information Collection Request

0970 - NEW

Attachment A - Summary of Public Comments and ORR Responses

February 2025

Type of Request: New 

Submitted By:

Office of Refugee Resettlement

Administration for Children and Families

U.S. Department of Health and Human Services

ORR received a comment letter from one commenter, class counsel in Lucas R. v. Becerra (No. 2:18-CV-05741 DMG PLA). ORR expresses its appreciation to class counsel for the thoughtful and detailed comments in response to this information collection request.

Section 504 Service Plan (Form S-25)

1. The commenter recommended that ORR include an option for “Therapeutic Group Home” in the Program Type dropdown field. The commenter noted that many children with disabilities are placed by ORR in therapeutic group homes and adding this option would ensure accurate recordkeeping.

ORR Response: ORR thanks the commenter for their suggestion to include “Therapeutic Group Home”. ORR has accepted the commenter’s suggestion and added all ORR program placement types to the dropdown field to ensure data fidelity.

2. The commenter recommended that ORR specify the type of out-of-network placement in the Program Type dropdown field list. The commenter noted that ORR uses a wide range of out-of-network placements, and this change would assist ORR in monitoring whether children with disabilities are placed in the least restrictive and most integrated settings.

ORR Response: ORR strives to place children within the ORR care provider network; placement in an out-of-network facility occurs only when necessary. In order to track an out-of-network placement, in response to the commenter’s recommendation, ORR added a checkbox option, along with a field for the specific facility name, so that OON placements are documented.

2. The commenter noted that the Lucas R. Disability Settlement (herein “the Settlement”) requires that a Section 504 Service Plan “[i]identify the child’s disability-related needs and, if applicable, specific triggers of the child’s disability-related behaviors” and that the Plan document reasonable accommodations or modifications, “taking into account the specific triggers of the child’s behavior.” The commenter stated that the proposed form does not include sufficient space to document the specific triggers of a child’s disability-related behaviors and how those triggers will inform the Service Plan. The commenter recommended that ORR create a separate chart to document a child’s triggers and how the care provider will take into account each trigger in the child’s Service Plan.

ORR Response: ORR thanks the commenter for their recommendation. Rather than create a separate chart, ORR modified the existing chart in the service plan subsection. ORR updated “Area of Need” to “Area of Need, Including Specific Disability-Related Triggers”. ORR also added a column so that the Individual 504 Service Plan has adequate space to accurately and clearly name the child’s identified behaviors, triggers, and evidence-based accommodations.

2. The commenter noted that the Settlement requires that ORR “consider all recommendations provided by individual(s) who conduct evaluation(s) for disability” and “include a written explanation of any significant departures from an evaluator’s major recommendation(s) in the Service Plan.” The commenter stated that the proposed form does not include space to explain significant departures from an evaluator’s recommendations. The commenter recommended that ORR add a question in the “Accommodations and/or Services” section that asks “Does this Service Plan incorporate all recommendations provided by the individual(s) who conducted the child’s evaluation(s) for disability, if applicable? If not, please explain.”

ORR Response: ORR thanks the commenter for their recommendation to add the question “Does this Service Plan incorporate all recommendations provided by the individual(s) who conducted the child’s evaluation(s) for disability, if applicable? If not, please explain.” ORR acknowledges the value of explaining significant departures from an evaluator's recommendations. ORR accepts the commenter’s recommendation and added instructions for the care provider to include this information, if applicable.

2. The commenter noted that the Settlement requires ORR to direct care providers to include in children’s case files “[d]ocumentation of the implementation of any Section 504 Service Plan, including, but not limited to, progress notes” and requires that the Service Plan be developed and implemented within 60 days of identification of the child as having a disability and permits piecemeal implementation. The commenter further noted that the Unaccompanied (Alien) Children (UAC) Program Foundational Rule similarly requires that ORR “document in the child's ORR case file any services, supports, or program modifications being provided to an unaccompanied child with one or more disabilities.” Finally, the commenter stated that the “Accommodations and/or Services” section of the proposed form includes spaces to list accommodations or services, the person responsible for implementing, and the frequency of the accommodation or service, but it does not require documentation of whether the service was actually provided or when this part of the plan was implemented.

   1. The commenter recommended that ORR add columns to the “Service Plan” subsection that ask whether each accommodation or service has been implemented and the date it was first implemented along with a separate space where an explanation can be provided if any part of the Service Plan has not been implemented.

ORR Response: ORR thanks the commenter for their recommendation. ORR accepts the recommendation in order to document implementation details. Recording this information will keep the 504-team updated with timely and quality information for monitoring and reviewing the child’s plan of care.

2. The commenter also recommended that the form include instructions directing care providers how to document progress notes and other implementation information in the child’s case file.

ORR Response: ORR thanks the commenter for their suggestion to provide more documentation support for recording a child’s progress. Further revisions have been made to instruct users on documenting implementation details.

2. The commenter noted that the Settlement and the UC Program Foundational Rule require ORR to provide affirmative support to sponsors of children with disabilities to access and coordinate post-release services and supports and avoid unnecessary delays in release, and the Settlement required that the child’s 504 Service Plan include a transition plan to enable safe release without unnecessary delay. The commenter further noted that while the proposed form includes a section for “Post-Release Services Planning Updates,” the form does not include clear instructions as to what should be included in this section. The commenter recommended that ORR include a table similar to the “Service Plan” subsection that include columns for “Area of Need,” “Post-Release Service or Support,” “Assistance Provided to Sponsor” and “Date Assistance Provided.”

ORR Response: ORR thanks the commenter for their recommendation to create a more detailed table in order to enable safe release without unnecessary delay. ORR modified the table for Post-Release Service (PRS) Planning Updates to reflect the commenter’s suggestions for Area of Need, including specific disability triggers, PS Service or Support, Assistance Provided to Sponsor, and Date Assistance Provided.

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