HHS Finalizes Rule to Enhance Services and Protections for Unaccompanied Children

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HHS Finalizes Rule to Enhance Services and Protections for Unaccompanied Children

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Xavier Becerra Secretary at U.S. Department of Health and Human Services | Official website

Today, the U.S. Department of Health and Human Services’ Administration for Children and Families (ACF) announced the unveiling of the Unaccompanied Children Program Foundational Rule, aimed at setting clear standards and protections for unaccompanied children in its care. HHS Secretary Xavier Becerra emphasized the department's commitment to the well-being of these children, stating, "The Foundational Rule underscores HHS’ unwavering commitment to the health, safety, and welfare of unaccompanied children in our care."

The final rule not only implements the 1997 Flores Settlement Agreement but also goes beyond it by incorporating provisions specific to the Office of Refugee Resettlement (ORR) Unaccompanied Children (UC) Program. ACF Principal Deputy Assistant Secretary, Jeff Hild, explained, "The Foundational Rule exceeds the requirements of the Flores Settlement Agreement by codifying existing and new policies and practices to promote the safety and well-being of unaccompanied children in ORR’s custody."

Since 2003, the UC Program has expanded its services for unaccompanied children, with advancements in sponsor screening, technology, and workforce training. The final rule aims to reflect this progress by establishing policies tailored to current demographics, with increased accountability and transparency in upholding care standards.

Key elements of the UC Program Foundational Rule include the establishment of an independent Ombuds Office, refined placement and release processes, strengthened legal and privacy protections, comprehensive healthcare and educational services, minimum standards for emergency and influx facilities, updated definitions, and enhanced standards for care provider facilities.

Deputy Assistant Secretary for Humanitarian Services and ORR Director Robin Dunn Marcos expressed pride in the collaborative effort that led to the final rule, stating, "We are proud that the final rule, which enhances the transparency of our operations and policies, is the result of an open and very engaged process and reflects the input shared by thousands during the public comment period."

The final rule is now available for review to further strengthen the services and protections for unaccompanied children in the care of the U.S. Department of Health and Human Services.

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