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THE SECRETARY OF HEALTH AND HUMAN SERVICES ‘WASHINGTON, 0. 21201 FEB 2 3 205, Honorable Marsha Blackburn U.S. House of Representatives Washington, DC 20515 Dear Representative Blackburn: ‘Thnk you for your letter conceming unaccompanied children in the eustody ofthe Department of Health and Human Services (HHS). HHS takes sexval assault and harassment very seriously and is committed to protecting all children in its custody. The Unaccompanied Children Program, which is operated by the Office for Refugee Resettlement (ORR) within the Administration for Children and Families at HHS, i contnuelly ‘working to improve the agency's efforts to prevent and respond to sexual abuse in ORR care provider facilities. In response tothe questions in your lete, | provide the following responses: 1) Has HHS published a final rule adopting fal stad fr the detection, prevention, ‘reduction ond punishment of rape and sexual assault in facilities that maintain custody of unaccompanied children? Ifso, when did this occur? ‘Yes, HHS released an interim final rule on standards to prevent, detect, and respond to the sexual abuse and sexual harassment of unaccompanied thiren in ORR care and ‘custody. TThe rule was published inthe Federal Register on December 24, 2014, and is available online at: hilps/federalrepister.gov/a/2014-29984, This rule comprehensively. addresses the issues of sexual abuse and sexval harassmentin ORR care provider facilities nationwide. Although the rule specifies that it takes effect upon publication, there isthe opportunity for public comment, and HHS will sonsidr all comments and ‘make appropriate changes prior to publishing a final rule. However, the care provider facilities housing unaccompanied children and covered by the rule must be in full compliance withthe ral within six months ofits publicatcn dat, ‘The standards in the rule build upon and enhance existing sate and local laws, regulations, and licensing standards and are organized into ‘he eleven categories used by ‘the National Prison Rape Elimination Commission (NPREC) to discuss and evaluate prison rape prevention and elimination recommendations. The eleven categories include: prevention planning, responsive planning, training and education, assessment for risk of| sexual victimization and abusiveness, reporting, offical response following an ‘unaccompanied children report, ORR incident monitoring end evaluation, interventions ‘and discipline, medical and mental health care, data collection and review, and audits and corrective actions. The rule recognizes the particular vulne-abilities of minors, as well as OY 05 L015 126 2 3) 4) 3 9 ‘The Honorable Mersin Blackburn Page 2 the cultural and linguistic diversity of unaccompanied childten, and incorporates these ‘considerations into the rule, Please explain why HHS delayed, or continues to delay, publishing a final rule as required by law? HHS worked to publish the IFR as quickly as possible. During development ofthe IFR, we were focused on developing a rule that would appropriately apply the NPREC's ‘recommended standards toa diverse and vulnerable population and could go into effect immediately upon publication, We have accomplished those goals with publication of the IER. {In FY2014, ORR released 53,518 unaccompanied alien children to sponsors within the United States. Please produce any significant incident reports filed by, or on behalf of, unaccompanied alien children against ORR employees in FY2014, regardless cf the format in which they are stored. Ifyou redact information, or are unable to predice said ‘reports, ouline any legal privileges or exemptions the department is relying on 'No significant incident reports were filed against ORR employees in Fiscal Year (FY) 2014. Care workers in facilities for unaccompanied children are not HHS federal employees, bur employees of grantees of ORR. These grantees provide housing and other services directly io unaccompanied children in ORR custody. HHS overses the work of the grantees through monitoring and evaluation. Beginning in FY 2015, fier a review ofthe reporting procedures for sexual abuse, ORR began a new recording method for cases involving care workers that are reported to the Department of Justice. We note that HHS and its federal partners are continually working on improvements to the reporting and follow-up process. As HHS implements the provisions of the interim final rule, it will begin using more advanced reporting and cataloging methods. Please disclose the number of ORR employees currently being investigated by law ‘enforcement for sexual misconduct or abuse involving unaccompanied alien children? ‘There are no ORR employees currently being investigated by law enforcement for sexual ‘misconduct or abuse involving unaccompanied children. Please see the response to question #3, Please disclose the number of ORR employees disciplined or investigated by HES for sexual misconduct or abuse of unaccompanied children in FY2014. No ORR employees were disciplined or investigated by HHS for sexual misconduct or abuse of unaccompanied children in FY 2014 because none were accused of any misconduct or abuse of unaccompanied children. Please see the response to question #3, What effort has ORR undertaken to work with federal law enforcement to prosecute employees of child abuse within is facilities since 2011? ‘The Honorable Marsha Blackburn Pages HHS has reviewed its policies related to reporting allegations of sexual abuse to federal Jaw enforcement authorities. Inthe process, ORR consulted with the Department of Justice, Federal Bureau of Investigation, the Executive Office for U.S. Attorneys, andthe [HHS Office of the Inspector General. HHS is finalizing a revised process for reporting allegations that fall under the federal definition of sexual abuse, The new process will ensure allegations of sexual abuse by staff and/or unaccompanied children while in HHS custody are reported appropriately to investigating entities for further review and action, ‘As the interim fina rue is implemented, HHS will continue to work with ts federal partners and make improvements tothe process as needed to ensure thorough reporting ‘and follow-up on allegations. 2). What initiatives has ORR undertaken on its own to protect children from abuse within its Jactties since 2011? Please include any intemal rules or memorandums that were drafed to address this issue. {In addition to the new protections under the interim final rule mentioned in response 10 {question #1, ORR has numerous policies and procedures i place to ensure all children are safely and appropriately cared for in HHS custody. ‘ORR monitors and conducts site visits o ensure care providers comply with ORR policies. ORR also requires care providers to submit quarterly self-reports that include {information about compliance with the Flores Settlement Agreement, individual case ‘updates, audit results, and personnel updates, among other issues. ORR regularly trains its federal and contract staff to ensure the highest quality of care for the children in its facilities. ORR conducted a preliminary review of all methods used for reporting abuse allegations and following up on case outcomes, including those described in the response to question #6, and is incorporating best practices identified during the review into paicy and operations where appropriate. ORR also has begun to collect data on sexual abuse tnd sexus! harassment allegations and will continue to evaluate its collection methods as itimplements the interim final rule. Currently, ORR is updating its policy manual. The frst part of that manual has been posted on- line at: htip//www ef hhs ov/programslor/resource/children-enteing-the-united-states- ‘unaccompanied. Thope this information is helpfil to you. gine ia M, Burwell

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