The Office of Refugee Resettlement/Division of Children's Services (ORR/DCS), within the Administration for Children and Families (ACF), provides temporary shelter care and other child welfare-related services to unaccompanied children (UC) in ORR custody.  Residential care services begin once ORR accepts a UC for placement and ends when the UC is released from ORR custody, turns 18 years of age, or the UC’s immigration case results in a final disposition of removal from the United States.  Residential care and other child welfare-related services are provided by state-licensed residential care programs in the least restrictive setting appropriate for the UC’s age and needs. 

ORR is announcing this funding opportunity announcement (FOA) to seek secure care providers. Care providers operating a secure facility are required to be licensed in the state in which it is located to provide secure care. The secure care provider manages a specialized population of UC who have exhibited the following behaviors: violent or criminal behavior that endangers others; serious escape history/risk; extremely disruptive/dangerous behavior in a shelter; and/or disruptive/dangerous behavior in a staff-secure setting.

All entities, funded under this FOA, must also comply with the Flores Settlement Agreement, the Perez-Olano Settlement Agreement, Case No. CV05-3604 (C.D. Cal., Dec. 14, 2010), pertinent regulations, laws, and ORR policies, instructions, and procedures. ORR encourages applicants to review ORR's policies, instructions, and procedures at:  http​://www​.acf​.hhs​.gov​/progr​ams​/orr​/resou​rce​/child​ren​-enter​ing​-the​-unite​d​-state​s​-unacc​ompan​ied​ as these will be critical to the overall program design.

BACKGROUND

The primary function of ORR/DCS is to provide temporary shelter care and other related services to UC in ORR custody.[1]  The HSA of 2002 §462(g)(2) defines an unaccompanied alien child as a child who:

(A) has no lawful immigration status in the United States;
(B) has not attained 18 years of age; and
(C) with respect to whom—

(i) there is no parent or legal guardian in the
    United States; or
(ii) no parent or legal guardian in the United States is available to provide care and physical custody.

Although the UC population generally consists of adolescents 12 to 17 years of age, with males representing a higher percentage of the overall population, ORR is seeking applicants who can provide services for a diverse population of UC of all ages and genders, as well as pregnant and parenting teens.  UC come from all over the world, but  most are from El Salvador, Honduras, Guatemala, and Mexico. Unless otherwise specified, successful applicants are expected to provide services for UC from any country.

UC are in the legal custody of the federal government throughout their stay in ORR care but are in the physical custody of the care provider.  The majority of UC are typically in ORR custody between 30-35 days, but a UC's length of care can vary. The size of the entire UC population in ORR custody will fluctuate depending on the number of UC the United Sates Department of Homeland Security refers to ORR for placement and the rate at which UC are discharged from ORR custody.

PROGRAM STRUCTURE

Secure care (care providers) provides temporary and safe custody of UC whose alleged conduct is subject to court jurisdiction and who require a restricted environment for their own and the community’s safety while pending legal action. Care providers must have state or county authorization or licensing to operate a secure juvenile detention facility.

Care providers must be in full compliance with the U.S. Department of Justice’s (DOJ) regulations on National Standards to Prevent, Detect, and Respond to Prison Rape (28 CFR Part 1150, as well as applicable ORR policies and procedures addressing sexual abuse and sexual harassment.  The DOJ rule may be found here: https​://www​.gpo​.gov​/fdsys​/pkg​/FR​-2012​-06​-20​/pdf​/2012​-12427​.pdf​.  

In addition to the DOJ standards, care providers must comply with the following ORR policies on sexual abuse and harassment:  

• Maintaining and enforcing a zero tolerance policy for all forms of sexual abuse, sexual harassment, and inappropriate sexual behavior;
• Meeting personnel requirements including but not limited to background checks, training, and disciplinary sanctions and corrective actions; 
• Meeting staffing and supervision requirements, including but not limited to staffing levels, staffing plans, and video monitoring restrictions;
• Providing responsive planning in the event there is an incident of sexual abuse or sexual harassment that occurs at the care provider facility; 
• Providing a coordinated response in coordination with medical and mental health care practitioners community service providers, outside investigators, and care provider leadership immediately following an incident of sexual abuse or sexual harassment as well as the follow-up necessary to ensure the safety of all UC and staff;   
• Educating UC of policies and topics related to preventing, detecting, and responding to sexual abuse and harassment via an orientation, pamphlets, and bulletins board postings;
• Assessing all UC for risk of being a victim or a perpetrator of sexual abuse while in ORR care and custody in order to inform the minor’s housing, education, recreation, and other service assignments;
• Providing medical and mental health care, including services following an incident of sexual abuse; and
• Reporting, providing notifications, and following up on sexual abuse, sexual harassment, and inappropriate sexual behavior occurring in ORR care, any retaliatory actions resulting from reporting allegations, and staff neglect or violations of responsibilities that have contributed to incidents.

Care providers must provide all UC with medical, behavioral, counseling, dietary and educational services and engage in recreational activities.

Care providers must provide or have access to specialized services for UC with substance abuse problems, anger management issues, mental health issues, and/or other special behavior needs. Care providers must have in-house bilingual mental health/clinician services, including psychiatric evaluations; medication assessment and management; and bilingual ORR case management services. Care providers must review UC cases every 30 days to monitor UC length of stay and evaluate possible transfer to a less restrictive facility or safe and timely release, when applicable.

Care providers must be geographically located in areas reasonably accessible to law enforcement agencies, the court, community resources, and attorneys.

Care provider facilities must be readily accessible to visitors, staff, and UC with disabilities and must comply with local, state and federal laws, codes and regulations including the Americans with Disabilities Act (ADA).

The facility must conform to applicable building and fire safety codes and have a written policy and procedure in place for all emergencies.

Care provider sleeping rooms must have natural lighting and a bed above floor level. Toilet and wash basin facilities must be in the room or readily accessible by direct communication to facility personnel.

Care provider’s facilities must have an indoor activity area consisting of day space, dining area, educational space, visiting facilities, and exercise area, excluding sleeping rooms. The facility must have adequate outdoor recreation areas as well. 

Care provider facilities must have controlled entry and exit from the premises, video monitoring in common and living areas, a communications system and alarm system for all areas of the residential structure, effective video monitoring of the exterior of the building and surrounding premises, a system for physically counting the residents and a written policy that provides that staff regulate UC movements, a daily log on resident population movement, mirrored windows or small windows in the doors of any rooms used for one-on-one meetings with UC, a facility inspection checklist (to include the safety related components of all residential operations and program functions), quarterly safety assessments, and spot inspections. 

Care providers must be familiar with the issue of human trafficking in order to provide appropriate services to UC who are victims of human trafficking, as well as to protect UC from potential threats of human trafficking. The Trafficking Victims Protection Act of 2008 (TVPA) defines human trafficking as: The recruitment, harboring, transportation, provision, or obtaining of a person for sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. Any child (under the age of 18) engaged in commercial sex (including prostitution, pornography, stripping) is a victim of trafficking. For more information, click on link http​://www​.acf​.hhs​.gov​/progr​ams​/orr​/progr​ams​/anti​-traff​ickin​g​ .

UC Eligibility

A UC may be placed in a secure facility if ORR determines the youth poses a danger to self or others or has been charged with having committed a criminal offense. In making its determination, ORR considers if the UC:

• Has committed, threatened to commit, or engaged in violent or malicious behavior that poses a danger to others
• Has committed, threatened to commit, or engaged in serious, self-harming behavior that poses a danger to self (if a child has a mental health issue, ORR and the care provider may place him or her in a residential treatment center rather than a secure facility)
• Has been adjudicated as a delinquent
• Has been convicted of a crime as an adult
• Was charged with a crime or delinquent offense
• Is chargeable with a crime or delinquent offense
• Needs assessment for self-disclosed violent criminal history

A UC may not be placed in secure care solely because he or she may pose a risk of escape from ORR custody. However, ORR may place a UC in a secure facility solely because he or she poses a risk of escape.  In all cases, ORR must assess whether a UC is an escape risk in order to make an informed placement decision.

Indicators of escape risk include:

• The UC child has displayed behaviors indicative of escape or has expressed an intent to escape
• The UC is within one month of turning 18 years of age
• The UC has previously escaped or attempted to escape from detention or government custody
• A UC child with an immigration history that includes:
  • A final order of removal (UC has a legal duty to report for deportation)
  • A prior breach of a bond
  • Failure to appear before Department of Homeland Security or the immigration courts
  • Previous repatriation (return to the home country) through a grant of voluntary departure or a final order of removal from an immigration judge

PROGRAM STAFFING REQUIREMENTS

Care providers are required to develop, implement, and document a staffing plan based on the populations served, the scope and type of provided services, anticipated requirements, staff vacancies, and budgets. The staffing plan must include staffing ratios in accordance with their licensing or authorizing entities requirement and as required by ORR’s policies and procedures.  Care provider facilities must be staffed with qualified, bi-lingual professionals, paraprofessionals, and support staff to meet the diverse needs, level of care, supervision, safety, and well-being of UC. Care providers must include a plan to staff sufficiently to cover one-on-one safety plan when necessary.

ORR requires care providers to supervise UC in accordance with state licensing requirements.  However, staff-children ratios, for secure, must be maintained at a minimum of:

• One on-duty staff for every six children or youth during waking hours;
• One on-duty staff for every 10 children or youth during sleeping hours;
• One case manager for every eight children or youth; and
• One clinician for every 12 children or youth.

Care providers are subject to the provisions of the Service Contract Act, Code of Federal Regulations (CFR) Title 29 and must abide by applicable state wage determination guidelines in their programs. For additional information on the provisions of the Service Contract Act, please click here:  http​://www​.dol​.gov​/whd​/govco​ntrac​ts​/sca​.htm​ and/or http​://www​.wdol​.gov​/

Additional or backup staff must be available for emergency situations or to meet the special needs of UC during busier periods.  Rotating after-hours and holiday coverage personnel must also be available in crisis situations.  Same gender supervision must be provided when indicated by individual treatment needs.

Care providers must complete background investigations on all staff, contractors, and volunteers prior to hire to ensure the candidate is suitable for employment to work with minors in a residential setting.  Background checks must be completed in accordance with requirements of care provider’s licensing or authorizing entity. At a minimum, a background check must be updated every five years.  For additional information on the specific types of checks that must be completed, please consult the ORR Policy Guide at section 4.3 Personnel http​://www​.acf​.hhs​.gov​/progr​ams​/orr​/resou​rce​/child​ren​-enter​ing​-the​-unite​d​-state​s​-unacc​ompan​ied​.

All hired staff must (at the minimum):

• Be at least 21 years of age;
• Possess the relevant experience and/or qualifications to work with UC and/or children with special needs; and
• Be properly trained and licensed, as necessary.

Care providers must have job descriptions and selection criteria for all staff positions that state the qualifications, performance standards, and responsibilities for each position (each job description must include a section on Essential Functions as mandated by the ADA).

Care providers must have a clear organizational structure that outlines lines of authority and supervision.  Staffing plans must be in place that provide a sound relationship between the proposed responsibliities of lead program staff.

Care providers must obtain prior approval from ORR for the positions noted below. Exceptions to the minimum qualifications require ORR’s explicit written approval prior to hire.

Program Director is responsible for the overall management of the programmatic, administrative, financial, and operational systems related to the provision of care and services; provision of regular and timely reports to ORR regarding operations, services, and finances; establishing a respectful and supportive workplace environment; and elevating any issues or concerns to ORR.  At a minimum, Program Director must have a Master’s degree in social work or an equivalent degree in education, psychology, sociology, or other relevant behavioral science degree or bachelor’s degree plus five years’ experience in detention, child protective services, program management, or as Director of a licensed child care program. 

Assistant Program Director provides support to the Program Director and serves as secondary liaison with ORR. The need for an Assistant Program Director will vary depending on the number of UC served at care provider facility. At a minimum, the Assistant Program Director must have a Bachelor’s degree in education, psychology, sociology or other relevant behavioral science plus five years of progressive employment experience with a social services, detention or childcare agency or organization, 

Lead Clinician coordinates clinical services, trains new clinicians, and supervises clinical staff. At a minimum, the Lead Clinician must have a Master’s degree in social work with clinical experience or Master’s degree in psychology, sociology, or other relevant behavioral science in which clinical experience is a program requirement, or a bachelor’s degree plus five years clinical employment experience.  Lead Clinician must be licensed.

Clinician conducts mental health assessments, and provides ongoing individual and group counseling services, screens for human trafficking concerns, and provides crisis intervention services. At a minimum, the Clinician must have a Master’s degree in social work with clinical experience, or Master’s degree in psychology, sociology, or other relevant behavioral science in which clinical experience is a program requirement, or a bachelor’s degree plus five years clinical employment experience.  Clinician must be licensed or eligible for licensure.  

Lead Case Manager is responsible for coordinating case management and safe and timely release services, training new case managers, and supervising the work of other case managers. At minimum, the Lead Case Manager must have a Master’s degree in the behavioral sciences, human services or social services fields or bachelor’s degree and at least three years progressive employment experience that demonstrates supervisory and case management experience.

Prevention of Sexual Abuse (PSA) Compliance Manger is responsible for managing implementation and ongoing compliance with the DOJ’s regulation and ORR policies and procedure related to sexual abuse and harassment http​://www​.acf​.hhs​.gov​/progr​ams​/orr​/resou​rce​/child​ren​-enter​ing​-the​-unite​d​-state​s​-unacc​ompan​ied​-secti​on​-4​#4​.2​.  At a minimum, the PSA Compliance Manager must have a Bachelor’s degree in behavioral sciences, human services or social service fields, business administration or management, and at least one year experience working with child welfare standards, best practices, quality assurance or compliance.

PROGRAM REQUIREMENTS

Care providers are required to provide services in a structured, safe, and productive environment that meets respective state guidelines, relevant federal law, and the ORR Policy Guide: http​://www​.acf​.hhs​.gov​/progr​ams​/orr​/resou​rce​/child​ren​-enter​ing​-the​-unite​d​-state​s​-unacc​ompan​ied​.

Care providers are required to provide or arrange for the program required services in a manner that is sensitive to the age, culture, religion, dietary needs, native language, sexual orientation, gender identity, and other important individual needs of each UC.  All UC in ORR care are entitled to human rights protections and freedom from discrimination and abuse. Care providers must ensure that UC who are lesbian, gay, bisexual, transgender, questioning, or intersex (LGBTQI) are fairly treated and served during their time in ORR custody. All services and assessments are required to be administered for all UC even if they are in ORR custody for a short period of time. Care providers are required to have the capacity to provide services in the language spoken by the majority of UC in their facility and/or provide translation services. Most UC in ORR custody speak Spanish.

Care providers are expected to provide all the services under Program Requirements unless otherwise noted in this announcement.  

Important Time-Frames

Care providers must adhere to specific time-frames for required assessments and/or reports that must be administered to UC.  

Acculturation and Adaptation Services

Care providers are required to provide acculturation and adaptation services that include the development of social and interpersonal skills that contribute to the ability to live independently and responsibly in the community.

Activities

Care providers are required to ensure that UC participate in activities according to a recreation and leisure time plan that includes daily outdoor activities, weather permitting, of at least one hour per day of large muscle activity and one hour per day of structured leisure time activities other than television. Activities are required to be increased to a total of three hours daily on weekends and other days when school is not in session. Recreation and leisure time activities are separate from the required physical educational requirement during school day instruction.

Case Management Services

Care providers are required to implement and administer a case management system that tracks and monitors a UC's progress on a regular basis to ensure that each UC receives the full range of program services in an integrated and comprehensive manner.  Case managers are required to meet with UC, at a minimum, once a week. The care provider's case management team is also responsible for maintenance of the UC Portal. All placement, transfer, and release requests, as well as all significant incident reports are processed through this web-based system. When necessary, case management staff are required to also work collaboratively with agencies that conduct home studies and provide post release services. Care providers are required to conduct safety and well-being follow-up calls to a UC and sponsor 30 days after the UC is released. 

Educational Services

UC must attend school five days a week for six hours a day, year round, and be appropriate to the UC's level of development, education, and communication skills. Educational services are required to be administered in a structured classroom setting and concentrate primarily on the development of basic academic competencies and secondarily on English Language Training. The educational program consists of instruction, educational materials, and other reading materials in the following basic academic areas: Science, Social Studies, Mathematics, Reading, Writing, and Physical Education.

Further Assessment Swift Track (FAST) Process

FAST is the 30-day review process to reevaluate the placement of a UC in secure care. The process is used to identify a new placement (or warrant a continued placement in a secure care provider) depending on the behavior of the UC. The FAST process takes place every 30 days, starting with 30 days after initial placement into a secure care provider. At the time of referral, the ORR/Intakes Team uses a standardized “Placement Tool” to determine the initial placement of a UC with juvenile or criminal background, violent offenses, serious behavioral concerns, and/or escape risk.

A UC does not require a review of the FAST assessment if he or she is in custody for less than one month from the date of the initial placement designation to the date of his/her 18th birthday. UC who are in ORR care less than 30 days do not require a review of the FAST assessment. ORR also allows the process to take place earlier than 30 days, particularly if new information indicates an alternative placement is more appropriate.

Group Counseling

Care providers are required to provide group counseling sessions twice a week, at a minimum. One of these two groups can be substituted by “community meetings.”  At least one group counseling session must be provided according to a psycho-educational curriculum that may be adjusted according to the needs of the population.

Individual Counseling

Care providers are required to provide at least one individual counseling session per week, for each UC. A qualified clinician conducts the counseling session with the specific objective of assessing and responding to the UC's mental health needs, reviewing the UC's progress, establishing new short-term objectives, and addressing the developmental progress, immediate concerns, and crisis-related needs of each UC.

Individualized Needs Assessments

Care providers are required to provide individualized ongoing assessment for each UC, which includes:

• Initial Intakes Assessment (initial intake assessment, psychosocial summary, and trauma and human trafficking assessment), to be completed within five days of UC placement with care provider, to gather initial information relating to the UC's journey; the UC and family's psychosocial assessment; trauma and substance abuse history; information about a UC's work history or concerns about working to pay off debt; exploitation or trafficking concerns;  and other essential data relating to the identification and history of the UC and his/her family;
• Assessment for Risk, which must be completed upon admission and updated every 30 days, to identify risk factors for potential sexual victimization or sexual abuser tendencies so early intervention can take place to mitigate any potential risks or safety concerns; 
• A UC Assessment, and periodic UC Case Review every 30 days assessing the UC’s:
• mental health and identification of any special medical needs, including any specific issues that may require immediate intervention;
• an educational assessment and plan;
• ongoing assessment of a UC's behavioral issues and any previous juvenile justice or criminal involvement;
• a statement of religious preference and practice; and
• identifying information and continuing to pursue additional information regarding the UC's immediate family members, other relatives, or family friends who may be residing in the United States and able to be a UC’s sponsor, when applicable.

Individual Service Plan

Care providers are required to complete a comprehensive and realistic Individual Service Plan (ISP) for each UC in accordance with the UC's needs as determined by the UC Assessments and assessment of any trafficking concerns.  ISPs are implemented and closely coordinated through an operative clinical assessment and intervention plan, as well as a case management system. The ISP must be completed with seven days of admission and updated every 30 days. In cases where human trafficking is suspected or confirmed, the care provider is required to refer the UC to ACF’s Office of Anti-Trafficking in Persons division and provide or refer the UC for other services to ensure the UC has access to all services guaranteed by TVPRA of 2008.

Legal Services

Care providers are required to inform UC of the availability of free legal assistance, and the rights victims of trafficking have under TVPRA of 2008. A private space for the UC and his/her attorney to meet and confer on legal matters must be made available. The care provider must make reasonable accommodations to allow the UC to meet privately with their attorney and attend all hearings or proceedings to which the UC is a party.

Care providers must make reasonable accommodations to allow the UC to meet privately with their attorney and attend all hearings or proceedings to which the UC is a party. 

Maintenance of Case Files

Care providers must maintain comprehensive, accurate, and up-to-date case files as well as electronic records on UC that are kept confidential and secure at all times and must be accessible to ORR upon request. Electronic records include those on the care provider’s network drive, as well as those on the UC Portal. Care providers must have written policies and procedures for organizing and maintaining the content of active and closed case files that incorporate state licensing requirements and/or accrediting agency requirements, and ORR policies and procedures.

Medical Services

Care providers are required to provide:

• a complete medical examination (including a screening for infectious diseases) within 48 business hours of admission; excluding weekends and holidays, only if UC does not have documentation of a medical examination completed within the previous six months at another ORR facility;
• appropriate immunizations in accordance with the United States Public Health Service and the Centers for Disease Control and Prevention;
• family planning services, including pregnancy tests and comprehensive information about and access to medical reproductive health services and emergency contraception;
• other appropriate and routine medical and dental care;
• emergency health care services;
• administration of prescribed medication and special diets;
• appropriate mental health interventions, when necessary;
• arranging forensic medical examinations, as necessary; and
• sexually transmitted infections prophylaxis.

Mental Health Services

Care providers are required to provide clinical services, including regular on-site individual and group counseling sessions and have an ability to access community mental health services for UC with special needs. Community mental health services include psychiatric evaluations and treatment, medication assessments and management, crisis intervention, in-patient acute psychiatric care, and other clinical interventions as identified by ORR.

Nutritional Services

Care providers must provide nutritional services in accordance with U.S. Department of Agriculture and HHS nutritional guidelines and state licensing requirements. They also must establish procedures to accommodate dietary restrictions, food allergies, health issues, and religious or spiritual requirements.

Orientation

Upon 48 hours of admission, care providers are required to provide every UC with a comprehensive program orientation that covers the program's services, rules (written and verbal), expectations, zero tolerance policy towards sexual abuse and sexual harassment, and the availability of free legal assistance. The orientation must be provided in formats that are accessible to UC who are limited English proficient, deaf, visually impaired or otherwise disabled, as well as those who have limited reading skills.

Religious Access

Whenever possible, care providers must provide or arrange for access to any available religious services of the UC's choice. Care providers must abide by 45 CFR § 87.1(c), which prohibits the program administrators from providing inherently religious activities, such as worship, religious instruction or proselytization, as part of the federally funded program or services. This means that the materials disseminated by staff persons must be neutral in their treatment of religion. Neither staff nor materials used in these programs should promote, endorse, or favor religious beliefs over non-religious beliefs, nor should they disparage religious beliefs in any way. Further, they should not express a judgment with regard to religious beliefs or non-belief, or seek to influence the beliefs of UC with respect to religion. Yet, this does not limit the speech of any UCs who might choose to talk about religion, as long as the program administrators, instructors, or officials do not control, encourage, or approve of their speech after the fact. For example, a UC may choose to engage in prayer, subject to the same rules designed to prevent material disruption of the program that are applied to any other privately initiated speech. Additionally, as indicated above, care providers should provide or arrange for access to outside privately funded religious services that a UC requests by, for example, providing television access or arranging for transportation to such services.

If a care provider chooses to operate a program with inherently religious content then the provider must take steps to completely separate that program from the federally funded services in time or location, and do so in such a way that it is clear that the two programs are separate and distinct. For example, the inherently religious program may be offered in another facility. Yet, participation in that program must be voluntary for any UCs that chooses to attend, and that program must be privately funded.

Right to Privacy

UC have a reasonable right to privacy that includes the right to: (a) wear his or her own clothes, as permitted by the facility's rules and regulations; (b) retain a private space in the facility for the storage of personal belongings; (c) talk privately on the phone, as permitted by the facility’s rules and regulations; (d) visit privately with guests, as permitted by the facility rules and state or local regulations; and (e) receive and send uncensored mail unless there is a reasonable belief that the mail contains contraband.

Rules/Behavior Management

Care providers' program rules and discipline standards are required to be formulated with consideration for the range of ages and maturity levels of UC in the program and with cultural sensitivity towards all UC. A behavior management plan used by the care provider must meet child welfare best practice standards and must be approved by ORR. Each care provider facility must have basic rules posted in both English and UC’s native language. These rules must be reviewed with UC upon placement and focus on safety, respect, and group living. Misbehavior must be resolved on an individual basis. All interventions must be positive, strength-based and must never subject UC to corporal punishment, humiliation, mental abuse, or punitive interference with the daily functions of living, such as eating or sleeping.  Any form of restraints must be in accordance with care provider’s state licensure.

Safe and Timely Release Services

Care providers must adhere to ORR’s policies and procedures that are in place to ensure the care and safety of UC, when applicable. These policies require the timely release of UC to qualified parents, guardians, relatives or other adults, referred to as “sponsors.” Safe and timely release must occur within a setting that promotes public safety and ensures that sponsors are able to provide for the physical and mental well-being of UC. ORR evaluates potential sponsors’ ability to provide for the UC’s physical and mental well-being, as the law requires ORR to protect UC from smugglers, traffickers or others who might seek to victimize or otherwise engage the UC in criminal, harmful or exploitative activity.  The process for the safe and timely release of a UC from ORR custody involves many steps, including:  the identification of sponsors; the submission by a sponsor of the application for release and supporting documentation; the evaluation of the suitability of the sponsor, including verification of the sponsor’s identity and relationship to the child, background checks, and in some cases home studies; and planning for post-release. The provision of safe and timely release services will be monitored and evaluated by ORR, and poor performance may result in corrective actions or termination of the agreement.

Safety Planning

Care providers must develop a written safety and security plan that includes policies and procedures for all UC in its care and program staff. The safety plan must address emergency situations covering the following areas: runaways, evacuations (for example due to a hurricane, fire, or other emergency), medical and mental health emergencies, and disease outbreaks.

Care providers must meet the safety requirements maintained by state and/or local licensing entities, fire code regulations, and local zoning and building code regulations.

Transportation/Escort

Care providers are required to provide UC with transportation services to local airports and if necessary, provide escort for the UC according to ORR policies and to local services and appointments, such as medical and dental appointments, and immigration court hearings.

Visitation/Phone Calls

UC must be provided the opportunity to make a minimum of two telephone calls per week (10 minutes each) to family members and/or sponsors, in a private setting. UC are allowed to call both family members and sponsors living in the United States and abroad. UC also have a right to receive visitors. Attorneys of record must be allowed reasonable access to UC according to ORR/DCS instructions and procedures.  Visitors are required to follow established facility protocols in order to ensure the safety and well-being of the UC and others in the facility.

Vocational Educational Services

Care providers are encouraged to create or provide access to vocational training opportunities that will provide UC with practical and competitive job skills and assist in the preparation for adulthood. Vocational programs may not replace academic education or be a substitute for the basic subject areas.

For more information on application requirements, please see Section IV.2. The Project Description.

FAITH BASED ORGANIZATIONS

Consistent with the ACF Policy on Grants to Faith-Based Organizations (please see Section III.1 Eligible Applicants for more information), ACF is mindful that potential grantees may have religious objections to providing certain kinds of services.  ACF is committed to providing the full range of legally permissible services to people who need them, and to do so in a timely fashion and in a manner that respects the diverse religious and cultural backgrounds of those we serve. At the same time, ACF is also committed to exploring ways for organizations to partner with ACF and other grantees even if they object to providing specific services on religious grounds.

If an organization has a religious objection to providing any of the services required in the program, it may propose an approach to meeting its grant obligations consistent with ACF's faith-based policy. The alternative approach must be one that accomplishes the goal of ensuring that UC in ORR’s custody understand the full range of services available in the program, including family planning services, and that there is a mechanism by which UC requesting such services can receive appropriate services. If an alternative approach is proposed, ORR will decide whether to accept the alternative approach, based upon a determination of whether the alternative approach will ensure timely provision of all services for which the individual is eligible, is not burdensome to the client, and is operationally feasible for ACF.

POST-AWARD REQUIREMENTS

ORR is seeking approval from the Office of Management and Budget (OMB) for information collection under the Paperwork Reduction Act (PRA) on the UC forms for post-award reporting. Forms will include, but are not limited to:

• UC Portal Capacity Report
• Notice of Placement in Secure or Staff Secure Facility
• Initial Intakes Assessment
• UC Assessment
• ISP
• UC Case Review Form
• Significant Incident Report (SIR)
• Sexual Abuse SIR Form
• Assessment for Risk Form
• Care Provider Incident Review Form
• New Sponsor Form
• Transfer Request and Tracking Form
• Long Term Foster Care Placement Memo
• Travel Request form for UC Long Term Foster Care
• Notice of Transfer to Immigration and Customs Enforcement (ICE) Chief Counsel and Change of Address
• Care Provider Family Reunification Checklist
• Release Request
• Discharge Notification
• Verification of Release
• Child Advocate Referral and Appointment Form
• Notice of Rights and Provision of Services Handout
• Legal Service Provider List for UC

Funds for years two through three will be awarded on the basis of submission and approval of the non-competing continuation applications. Awards are subject to the satisfactory progress by the grantee and a determination that continued funding would be in the best interest of the federal government.

Applicants proposing staff allocated to several funding sources or several funding applications must ensure that Full Time Employees (FTEs) allocations do not exceed 100%.

ORR supports grantees in the following areas:

• The design, implementation, and modification of program activities, services, and facilities;
• The design of protocols or procedures;
• The evaluation of contractors (if applicable);
• The approval of key program staff;
• Input of case information into UC Portal;
• The provision of training and technical assistance to staff;
• Select decisions regarding individual case management activities; and
• The approval of all releases of UC to sponsors, when applicable.

ORR monitors grantees by reviewing of budgets, mandatory reports, and overall compliance outlined by the ORR/DCS policies and procedures manual. ORR will not request any UC reports from grantees unless it has received OMB approval under PRA. Although ORR reviews budgets, the Office of Grants Management (OGM) is included in all budgetary and fiscal matters and final budget approval is made by OGM.  

Care providers are required to provide documentation of state or county authorization to operate a secure juvenile detention facility.

With the exception of the Standard Forms and OMB-approved forms, the application submission in its entirety (Project Description and Appendices) is limited to 100 pages.

The Project Description (Narrative) includes the following:

• A one page Project Summary/Abstract;
• Table of Contents;
• Approach;
• Organizational Capacity;
• Line-item Budget and Budget Justifications; and
• Program Performance Evaluation Plan.

The Appendices includes the following:

• Required Certifications and Assurances;
• Proof of Legal Status;
• A List of Organization’s Board of Directors;
• Third-Party Agreements;
• Resumes of Current Staff, and/or Position Descriptions;
• Organizational Chart of Applicant Entity and the Project;
• Letter of Agreement with a Cognizant Federal Agency on Indirect Charges, if applicable;
• Letters of Support;
• Documentation of state or county authorization or licensing to operate a secure juvenile detention facility;
• Management Letter/Summary Report in lieu of full audit reports; and
• Any other information the applicant deems relevant and necessary.

ORR Non-discrimination Assurance

Submission of an application for this funding opportunity constitutes assurance that in serving beneficiaries of this program; applicants have made reasonable good faith efforts to:

• have policies prohibiting discrimination and harassment of such beneficiaries based on race, sexual orientation, gender, gender identity (or expression), religion, and national origin in place;
• be inclusive of and non-stigmatizing toward lesbian, gay, bisexual, and transgender LGBTQI individuals including LGBTQI youth;
• ensure that all staff serving program beneficiaries are trained to prevent and respond to harassment in all forms; and
• to monitor claims of harassment and discrimination of beneficiaries, address them seriously, and document corrective action(s) so all participants are assured that programs are safe, inclusive, and non-stigmatizing by design and in operation.

Submission of an application for this award further constitutes an assurance that any subcontractors directly engaged in the care and custody of UC:

• will be inclusive of and non-stigmatizing toward LGBTQI individual, including LGBTQI youth;
• will ensure that all staff will be trained prior to program implementation on how to prevent and respond to harassment and discrimination of beneficiaries in all forms, and;
• are prepared to monitor claims of harassment and discrimination of beneficiaries, address them seriously, and document corrective action(s) so all participants are assured that programs are safe, inclusive, and non-stigmatizing by design and in operation. 

Program Design and Service Provision

• Applicants must describe their overall program design for secure care and provide documentation supporting its ability to provide the required program services indicated in Section I, Program Requirements. Applicants must describe how their service delivery is sensitive to the culture, native language, sexual orientation, and special needs of UC.
• Applicant's program design for secure care must describe that it is appropriate for the target population.
• Applicants must describe experience and proficiency in implementing a behavioral management plan for secure care as indicated Section I, Program Requirements, Rules/Behavior Management.
• Applicants must describe experience and provide documentation supporting their ability to provide appropriate case management services for secure care including developing and updating ISPs, as well as other assessment required by ORR.
• Applicants must describe an ability to comply with the pertinent laws, regulations and settlement agreements, and with ORR policies, procedures, and instructions as referenced in Section I, Program Description, Statutory Authority, as well as DOJ regulations.
• Applicants must design developmentally appropriate programs for secure care that address the specialized and individual needs of all UC, including vulnerable and traumatized minors.
• Applicants must describe their capacity to identify possible victims of human trafficking and other crimes.
• Applicants must describe the ability to process the identification and safe and timely release of UC to eligible sponsors for a secure facility, when applicable.
• If an applicant has a religious objection to providing any of ORR's required program services, applicant must explicitly describe an alternative approach to meeting the grant obligations consistent with ACF's faith-based policy. The alternative approach must be one that accomplishes the goal of ensuring that UC in ORR’s custody understand the full range of services available in the program, including family planning services, and that there is a mechanism by which UC requesting such services can receive appropriate services. The alternative approach must ensure that all services for which the UC is eligible are timely, not be burdensome to the UC, and be operationally feasible for ORR.

Program Management

• Applicants must provide a comprehensive overview of the applicant's organization, including qualifications, history, organizational mission and goals, and lists of all federal, state, or local funded grants and/or contracts received.
• Applicants must describe their experience in the provision of child welfare services, child protective services, services to children with special needs and/or victims of trafficking, youth outreach, and/or other social services. Describe organizational experience working directly with UC or cross cultural/international or related services to children from various cultural backgrounds, various language capabilities, and special needs, including vulnerability to human trafficking.
• Applicants must provide documentation of clear organizational structure outlining lines of authority and supervision.
• Applicants must describe staffing plans that provide a sound relationship between the proposed responsibilities of lead program staff, including Program Director, Lead Clinician, and Lead Case Manager, and the educational and professional experience required for the position according to requirements outlined in Section I, Program Staffing Requirements.
• Applicants must describe a plan to implement DOJ and ORR's sexual abuse and harassment policies, including, but not limited to appropriate screening of new hires, developing internal policy documents, and training staff.
• As required by state licensing, applicants must provide a detailed plan for completing background checks for applicable staff, contractors, and volunteers.
• Applicants must describe the ability to provide a comprehensive staff training plan that meets state licensing requirements, ORR policies and include elements specific to working with the UC population, prevention, and intervention in child abuse and neglect, including local reporting procedures and staff code of conduct.
• Applicants must describe case management staff is proficient in using the Internet and related computer programs.

 Administrative and Service Environment

• Applicants must describe their overall program service environment and provide documentation supporting its ability to provide the required program services for secure care indicated in Section I, Program Requirements.
• Applicants must describe the facility's accessibility to immigration court, airports, fire, police, and the local community. Applicants must provide evidence on the feasibility of administering a program in the area that is proposed.
• Applicants must clearly describe and/or provide photographs of the proposed facility (including description of sleeping arrangements, food preparation, kitchen and dining area, classrooms, office space, rest rooms, outside recreation areas, and living space).
• Applicants must describe that the facility meets all relevant zoning, licensing, fire, safety, and health codes required to operate a juvenile detention facility.
• Applicants must provide detailed information regarding type of state licensure/county authorization, including information on capacity, age/gender permitted, and length of stay allowable. Any and all documented state licensing allegations/concerns must be reported.
• Applicants must explain and document facility ownership or leasing agreements.
• Applicants must describe all security measures for the facility and describe how they adequately meet the requirements of the program in order to prevent unauthorized absence from the facility and to monitor those who enter and exit the facility.
• Applicants must provide documented evidence/references or letters of local community support and acceptance of the applicant's program. This must include established relationships with local emergency services (i.e., police, fire), medical and mental health agencies, religious and community organizations, and state licensing offices' recommendations for serving UC.

Applicants must provide documentation in order to certify their legal status and/or eligibility.  This may include but is not limited to, Governing Board Membership Documentation and/or articles of incorporation.

Care providers must provide documentation of state or county authorization or licensing to operate a secure juvenile detention facility.

For applicants proposing staff allocated to several funding sources or several funding applications, applicants must ensure that FTE allocations do not exceed 100%. Budgets must include the names of staff for positions already filled and level of effort (percentage dedicated to the project).

Funding for UC medical services is provided under a separate ORR managed care program and must not be included as a component of the applicant's budget. Applicants, however, must include the cost of coordinating medical, dental, and mental health services. Coordination will include over the counter medication, having a staff person who dispenses medication, books, and transports UC's to medical appointments.

Based on UC needs, transfer to a facility within ORR network may be necessary. In addition, temporary placement, outside of ORR network, in an acute psychiatric hospital and/or psychiatric residential setting, would require transportation of UC for placement and discharge once treatment has been completed. Placement decisions, outside of ORR’s network, are initiated by the care provider in conjunction with ORR and final approval is made by ORR. These transfers would include airfare, escort, and transport to and from airport/facility. Applicant should include transport cost for no more than one percent of the estimated number of UC applicant proposes to serve annually.

Applicants and their subcontractor(s), if applicable, must provide a description of an internal financial monitoring system that demonstrates structure and accountability, as well as describe effective fiscal management and accountability. 

For profit organizations must clearly describe that they are only charging the program actual cost incurred. 

Funding for UC medical services is provided under a separate ORR managed care program and must not be included as a component of the applicant's budget.

Each year, the HHS appropriations includes a prohibition, stating that none of the funds  appropriated may be expended for an abortion, except in cases where pregnancy is a result of rape or incest or where the woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless an abortion is performed. See Consolidated Appropriations Act, 2016, Pub.L. No. 114-113 §§ 506, 507.

Care providers are subject to the provisions of the Service Contract Act, Code of Federal Regulations (CFR) Title 29 and must abide by applicable state wage determination guidelines in their programs.” For additional information click here: http​://www​.dol​.gov​/whd​/govco​ntrac​ts​/sca​.htm​ and/or http​://www​.wdol​.gov​/

The U.S. Government is opposed to prostitution and related activities, which are inherently harmful and dehumanizing, and contribute to the phenomenon of trafficking in persons. U.S. non-governmental organizations, and their sub-grantees, cannot use U.S. Government funds to lobby for, promote, or advocate the legalization or regulation of prostitution as a legitimate form of work. It is the responsibility of the primary grantee to ensure these criteria are met by its sub-grantees.  Accordingly, the grant application must ensure that no monies, if awarded, will be used for these unallowable purposes.

Recipients under this FOA will be required to submit/administer forms to include but not limited to:

• UC Portal Capacity Report
• Notice of Placement in Secure or Staff Secure Facility
• Initial Intakes Assessment
• UC Assessment
• ISP
• UC Case Review Form
• SIR
• Sexual Abuse SIR Form
• Assessment for Risk Form
• Care Provider Incident Review Form
• New Sponsor Form
• Transfer Request and Tracking Form
• Long Term Foster Care Placement Memo
• Travel Request form for UC Long Term Foster Care
• Notice of Transfer to ICE Chief Counsel and Change of Address
• Care Provider Family Reunification Checklist
• Release Request
• Discharge Notification
• Verification of Release
• Child Advocate Referral and Appointment Form
• Notice of Rights and Provision of Services Handout
• Legal Service Provider List for UC