1.3 Referrals to ORR and Initial Placement

Question 1

12 items ORR requests from the referring federal agency

Answer 1

1. how the agency determined the minor is a UC
2. Health info
3. Any medication or prescription info
4. biological and biometrc information
5. Any info on whether the child or youth is a traffcking victim
6. Whether the UC was apprehended with a sibling or other relative
7. identifying info and contact info for a parent, legal guardian, or other related adult providing care (if known)
8. If UC was found in transit to a final destination, where the final destination is
9. If UC is an escape risk, what indicators
10. Any info on history of violence, criminal background, or gang involvement known or suspected
11. If being involved in gangs, wehtehr they are a sravia class member
12. Any special needs etc.

Question 2

Six circumstances where the ORR/Intakes team uses the Intakes Placement Checklist

Answer 2

1. A juvenile or adult criminal history, including involvement in human trafficking or smuggling
2. Prior acts of violence or threats in government custody
3. Gang / cartel involvement
4. Prior escape or attempted escape from government custody
5. Mental health concerns
6. Sexual predatory behavior

Question 3

How soon after initial referral should UCs be placed?

Answer 3

Within 24 hours whenever possible

Question 4

3 reasons a care provider could deny a placement

Answer 4

1. Lack of available space
2. Placement of UC would conflict with State or local licensing rules
3. Placement of UC with a significant physical or mental illness for which the referring agency does not provide a medical clearance and/or medications that would conflict with the care provider’s State or local licensing regulations.

ORR may follow up about a placement denial to find a solution.

Question 5

Items care provider requests from the referring Federal agency

Answer 5

Prescriptions and medications, personal belonging,a nd any necessary documentation (though not providing documentation should not lead to delaying the child admittance).

Question 6

Saravia vs. Sessions lawsuit

Answer 6

Saravia sued Sessions and ORR for using unsubstantiated claims of gang affiliation to illegally detain teenages, even if they had previously been released to parents

Question 7

UC are members of the Saravia class if the following three items apply

Answer 7

1. Was previously in ORR custody
2. ORR released them to a sponsor
3. A referring agency sent someone to ORR at least partially on the bais of alleged gang affiliation or involvement.

Question 8

For Saravia-eligible UCs, ORR/Intakes should verify membership and obtain the confirmation of the following three items from DHS:

Answer 8

1. The the UC was provided a notice of a Saravia hearing within 48 hours of arrest
2. The notice included information explaining the purpose and nature of proceedings and the specific acts alleged.
3. The Saravia hearing has already occurred, will request within 10 day of arrest by the referring agency, or that the UC waived the 10 day hearing requirement to retain an attorney.

Question 9

How does Saravia membership affect placement of UC

Answer 9

ORR does not place Saravia class members in a restrictive setting solely based on alleged gang affiliation or involvement that is the basis for Saravia class membership.