1.4 Transfers

Question 1

How quickly should transfer recommendations be made when it’s discovered a different setting would better meet a child’s needs?

Answer 1

Within 3 days of identifying the need for a transfer for routine transfers, immediately for urgent situations

Question 2

Who is responsible for transfer decisions?

Answer 2

The case coordinator identified the most appropriate care providers based on the individuals needs and bed capacity

Question 3

Who approves the transfer request?

Answer 3

The Federal Field Soexialist

Question 4

Who coordinates logistics of the transfer?

Answer 4

The referring and receiving care providers, including the transfer date (usually within three days). Referring care providers notify all designated stakeholders of the transfer

Question 5

Transfer and setting restrictiveness

Answer 5

Every effor should be made to place a child in the least restrictive setting. I’d a child is in a restrictive setting, care providers should provide services to facilitate the UCs successful transfer to a less restrictive setting

Question 6

Step-ups (in restrictiveness)

Answer 6

This is when it may be needed for safety if the UC or others. If a UC self-discloses history etc ORR should look into the veracity of the claims before putting someone in a more restrictive settjng

Question 7

Step-downs (in restrictiveness)

Answer 7

Step-downs may occur when the UC is no longer a danger to themself or others, no longer presents an escape risk (for staff secure step downs early$. Immigration judges decisions in bond hearing Amy affect this as well. Stepsons for those with sexual predatory behavior can document specific steps to protect UC, staff, and the xommujity

Question 8

Who must be notified of a transfer?

Answer 8

DHS, the youths attorney, legal service provider, and child advocate

Question 9

3 Reasons someone may be in a long term care placement (over four months)

Answer 9

1. Child or youth has no viable sponsor and
2. A legal service provider or attorney has screened the child as eligible for immigration relief or
3. Another reason prevents return of the Uv to the home country (ie state of emergency, and they can’t be repatriated)

Note: if these are the case, ORR should try to find a long term placement and minimize transfers

Question 10

Circumstances of group transfers

Answer 10

Group transfers could occur because of changes in bed capacity, changes in program requirements that eliminate a care provide from list of approved facilities, or through an emergency event or national disaster. Orr tries to minimize transfers due to bed capacity limitations.

Question 11

4 circumstances that could lead to transferring a child to a RTC

Answer 11

1. The UC has no shown reasonable progress in alleviation of mental health symptoms after significant outpatient treatment
2. The child’s behavior is a result of his/her underlying mental health symptoms and/or diagnosis and cannot be managed in an outpatient setting
3. The child require therapeutic-based intensive supervision as a result of mental health symptoms and/94 diagnosis that prevent independent participation in daily schedule of activities
4. The child presents a continued and real risk of harm to self. Either, or the community, despite short-term clinical interventions such as medications, brief psychiatric hospitalization, intensive counseling, behavioral management techniques, 24 hour supervisions, supportive services or therapeutic services

Question 12

Reconsideration of secure or RTC placement

Answer 12

After 30 days in a secure or RTC facility, the UC may request reconsideration of the placement from the ORR director or her designers, who can deny or approve the request, or remand the request to FFS

Question 13

Transfers for Saravia Class Members

Answer 13

Saravia class members that don’t prevail in their hearings should following standard UC treatment. If the class member prevailed in their hearing and we’re placed in a shelter. The minor should be transferred to the shelter facikitt

Question 14

Placement inquiries

Answer 14

Those looking for a specific child can call the ORR national call center and leave a message with the child’s information, callers name, relationship to the child, and contact information

Question 15

Three steps taken to determine identify of those calling about a UC

Answer 15

1. Notifies the care provider of the name, contact info, and relationship to the child
2. The care provider determines whether the child is a safe and approved contact, and (following ORRs procedures) may facilitate communication between the call and the UC
3. The care provider contacts the individual and informs them the UC is safe and in ORR custody

Question 16

Four challenges to identifying age of children in custody

Answer 16

1. Unavailable documentation
2. Contradictory or fraudulent identity documentation or statements
3. Physical appearance of the individual
4. Diminished capacity of the individual

TVPRA requires aged determination procedures, at a minimum, take into account multiple forms of evidence. Accordingly, each case must be evaluated carefully based on the totality of all available evidence, including the statement of the individual in question

Question 17

TVPRA instructions on age determination

Answer 17

It instructs HHS to decide age determination procedures for individuals without lawful immigration status in consultation with DHS

Question 18

If HHS suspects someone is over 18…

Answer 18

If there is competing information in the age of the UC, FFS will look at all evidence and make a determination. Until that determination is made, the UC is entitled to all services provided to Uc in HHS care and custody.

If the age is questioned during the care provider intakes process, the case manager should consult with FFS before making an age determination

Question 19

Forms of documentation for age determination

Answer 19

Official government-issued documents. Including birth certificates. If original documentation does not exist or the authenticity of the original documentation is in question, government officials of the home country should be consulted for verification. Other reliable records such as baptismal certificates, school records and medical records indicating UCs date of birth can be used as well

Question 20

For age verification, Statements by individuals with knowledge of a UCs age that HHS thinks could be credible include :

Answer 20

1. Statements provided by the UC
2. Statements with child’s parents or legal guardians, if they can be identified and contacts
3. Statements from others
4. Information from another government agency
5. State/local arrest records
6. Child welfare agency records

Question 21

5 guidelines on use of medical assessments for determining age

Answer 21

1. A medical professional experienced in age assessment methods must perform the examination and take into account the individuals ethnic and genetic background
2. Dental maturity assessments using radiographs may be used to determine age, but only in conjunction with other evidence
3. As no current medical assessment method can determine an exact age, best practice relies on the estimated probability that an individual is 18 or older. The examining doctor must submit a written report indicating the probability percentage the individual is a minor or adult
4. The FFS supervisor must review the determination regarding he age submitted by the examining doctor
5. If an individuals estimate probability of being 18 or old is over 75%, and the evidence has been considered in conjunction with the totality of the evidence, ORR may refer the individual to DHS. The 75% probability threshold applies to all medical methods and approaches identified by the medical community as appropriate methods for assessing age.

Question 22

What happens with the age determination items?

Answer 22

1. The FFS compiles all pertunent information and documents in a memo for review and approval by the FFS supervisor
2. FFS will then forward the memo to the care provider facility case manager to be included in the UCs case file and the ICE detention and removal field office juvenile coordinator for inclusion in the UC’s A-file