[Federal Register: March 31, 2009 (Volume 74, Number 60)]
[Notices]
[Page 14564-14565]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31mr09-72]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
Statement of Organization, Functions and Delegations of Authority
Notice is hereby given that I have delegated to the Assistant
Secretary for Children and Families, with authority to re-delegate to
the Director of the Office of Refugee Resettlement, the following
authority vested in the Secretary under the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 Public Law
110-457 Sec. 235, amended.
Authority Delegated
Authority under the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 Sec. 235(a)(1) to work in
conjunction with the Secretary of Homeland Security, the Secretary of
State, and the Attorney General, to develop policies and procedures to
ensure that unaccompanied alien children (UAC) are safely repatriated
to their country of nationality or of last habitual residence.
2. Authority under the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 Sec. 235(a)(5)(A) to work in
conjunction with the Secretary of State and the Secretary of Homeland
Security, nongovernmental organizations, and other national and
international agencies and experts, to create a pilot program to
develop and implement best practices for the repatriation and
reintegration of UAC.
3. Authority under the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 Sec. 235(b)(1) to provide care
and custody of all UAC, except as otherwise provided under Sec.
235(a), including responsibility for their detention, where
appropriate.
4. Authority under the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 Sec. 235(b)(4) to develop age
determination procedures in consultation with the Secretary of Homeland
Security.
5. Authority under the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 Sec. 235(c)(1) to establish
policies and programs to ensure that UAC are protected from traffickers
and other persons seeking to victimize or otherwise engage such
children in criminal, harmful or exploitative activity.
6. Authority under the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 Sec. 235(c)(2) to place an
unaccompanied alien child in the least restrictive setting that is in
the best interest of the child. In making such placements, personnel in
the Administration for Children and Families may consider danger to
self, danger to the community, and risk of flight. Concerning
placements in a secure facility, the personnel in the Administration
for Children and Families shall review the placements, at a minimum, on
a monthly basis to determine if such placements remain warranted.
Placement of child trafficking victims may include placement in an
Unaccompanied Refugee Minors (URM) program, pursuant to section 4 12(d)
of the Immigration and Nationality Act (8 U.S.C. 1522(d)).
7. Authority under the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 Sec. 235(c)(3)(A) to place an
unaccompanied alien child with a custodian upon determining that the
proposed custodian is capable of providing for the child's physical and
mental well-being. Such determination shall, at a minimum, include
verification of the custodian's identity and relationship to the child
and an independent finding that the custodian has not engaged in any
activity that would pose a potential risk to the child.
8. Authority under the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 Sec. 235(c)(3)(B) to conduct a
home study for a child who is a victim of a severe
[[Page 14565]]
form of trafficking in persons, a special needs child with a
disability, a child who has been a victim of physical or sexual abuse
under circumstances that indicate that the child's health or welfare
has been significantly harmed or threatened, or a child whose proposed
sponsor clearly presents a risk of abuse, maltreatment, exploitation,
or trafficking to the child based on all available objective evidence.
9. Authority under the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 Sec. 235(c)(3)(B) to conduct
follow-up services, during the pendency of removal proceedings, on
children for whom a home study was conducted, and to conduct follow-up
services for those UAC with mental health or other needs.
10. Authority under the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 Sec. 235(c)(4) to cooperate
with the Executive Office for Immigration Review (EOIR) to ensure that
custodians of UAC receive legal orientation presentations provided
through the Legal Orientation Program administered by EOIR.
11. Authority under the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 Sec. 235(c)(5) to ensure, to
the greatest extent practicable and consistent with section 292 of the
Immigration and Nationality Act (8 U.S.C. 1362), that UAC who are or
have been in the custody of the Secretary or the Secretary of Homeland
Security, and who are not described in Sec. 235(a)(2)(A), have
counsel. To the greatest extent practicable, personnel in the
Administration for Children and Families shall make every effort to use
the services of pro bono counsel who agree to provide representation to
such UAC without charge.
12. Authority under the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 Sec. 235(c)(6) to appoint
independent child advocates for child trafficking victims or other
vulnerable UAC.
13. Authority under the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 Sec. 235(d)(1) to specifically
consent to juvenile court jurisdiction for an unaccompanied alien child
who is applying for special immigrant status pursuant to 101(a)(27)(J)
of the Immigration and Nationality Act (8 U.S.C. 1 101(a)(27)(J)) and
who is in the custody of the Secretary.
14. Authority under the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 Sec. 235(d)(4)(A) to make
eligible for placement and services under a URM program pursuant to
Sec. 412(d) of the Immigration and Nationality Act (8 U.S.C. 1522(d))
children granted special immigrant status under section 101(a)(27)(J)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)) and
who were either in the custody of the Secretary or who were receiving
services pursuant to section 501(a) of the Refugee Education Assistance
Act of 1980 (8 U.S.C. 1522 note) at the time a dependency order was
granted.
15. Authority under the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 Sec. 235(e) to train Federal
personnel, and upon request, State and local personnel, who have
substantive contact with UAC.
I hereby affirmed and ratified any actions taken by the Assistant
Secretary for Children and Families or any other Administration for
Children and Families officials, which, in effect, involved the
exercise of this authority prior to the effective date of this
delegation.
Limitations
1. This delegation shall be exercised under the Departments'
existing delegation of authority and policy on regulations.
2. This delegation shall be exercised under financial and
administrative requirements applicable to all Administration for
Children and Families authorities.
Effective Date
This delegation of authority is effective on date of signature.
Dated: March 23, 2009.
Charles E. Johnson,
Acting Secretary, Department of Health and Human Services.
[FR Doc. E9-6959 Filed 3-30-09; 8:45 am]
BILLING CODE 4184-01-M