USCCB received communication from ORR on Monday, March 22nd, that ORR will be prioritizing he placement of unaccompanied children (UC) with parents and legal guardians available to provide custody in the United States, and as a result instituted a revised policy of Expedited Release for Eligible Category 1 Cases. Under this revised policy, certain children will be released to their parents or legal guardians using specialized procedures that modify standard release requirements under ORR Policy Guide, Section 2 and accompanying instruments. Due to the novel nature of this policy, and in recognition of operational flexibilities that may require additional follow up, these instructions may be further modified by ORR.
Below is a summary of the expedited procedures:
Expedited Release
As a preliminary step, a child may only be released to their parental or legal guardian sponsor under processes for Expedited Release for Eligible Category 1 Cases if the following three conditions for Expedited Release for Eligible Category 1 Cases are met:
- If the child is screened and determined to not be especially vulnerable;
- If the child is not be otherwise subject to a mandatory TVPRA home study; and
- If there are no other red flags present in the case, including red flags relating to abuse or neglect.
Once the basic conditions listed above are met, care providers can release a Category 1 case provided the following steps are taken:
(1) Completion of a Modified UC Assessment for Expedited Release Cases
(2) Completion of Interviews with the Child and the Parent
(3) Completion of a Modified Family Reunification Application
(4) Establishment of Proof of Relationship and Identity
(5) Completion of Sponsor Background Check (no household member checks) with a valid Authorization for Release of Information.
(6) Completion of a Modified Sponsor Assessment
After completion of these requirements the Case Manager makes a release recommendation that is transmitted directly to the ORR Federal Field Specialist. No third-party Case Coordinator review of the case is required for Expedited Release for Eligible Category 1 Cases.
In the event any of these conditions apply, or found during the process, the case will revert back to and follow the standard sponsor assessment and release procedures, including completion of the Initial Medical Exam (IME).
Transfer of Custody
After completion of the requirements above, and so long as no concerns relating to abuse or neglect exist, the child may be released directly to the sponsor's care.
In cases where Expedited Release for Eligible Category 1 Cases is appropriate, ORR authorizes care providers to pay for the sponsor's travel to the ORR care provider facility to pick up their child and complete paperwork at the facility (if allowed). ORR also authorizes care providers to pay other transport fees for return travel or allow for the child's transport to the sponsor's location following traditional transfer of physical custody policies under ORR Policy Guide 2.8.2, including ORR paying for such travel (including for escorts). Travel arrangements should be made as soon as it appears that the child's release is viable.
Recommendation and Decision Making
In all cases involving Expedited Release for Eligible Category 1 Cases, the Case Manager makes a release recommendation using only the information described in the preceding sections following procedures for straight release, without sending the case for a third-party review by a Case Coordinator. The recommendation is then sent directly to the ORR Federal Field Specialist who makes a final release decision.
Impact on Safe Passages Family Reunification Program: These changes have a minimum impact on the children referred to the Safe Passages Family Reunification Program, as the majority of the cases that fall under this expedited release policy are primarily straight release cases; however, a case may be referred for PRS-only services and therefore some of the required documentation may be minimal based on the modified forms. The modified forms will be found under the UAC documents tab in the child's record in the UC Portal.
We will continue to provide updated information regarding this policy as it becomes available and impacts home study and post release services.
