A Child Guide to Safety: Understanding the Safe Release Process for Unaccompanied Minors

The Office of Refugee Resettlement (ORR) is committed to the safe and timely release of unaccompanied minors. This commitment ensures that every child in their care is placed in a secure environment with sponsors who can provide for their physical and mental well-being. This guide aims to explain the ORR’s policies and procedures in a way that’s easy for children to understand.

Understanding the Safe Release Process

The goal of the ORR is family reunification, ensuring that unaccompanied minors are reunited with their parents, guardians, relatives, or designated sponsors as quickly and safely as possible. This process prioritizes public safety and the well-being of the child.

Alt text: A social worker is talking to a child in a bright room with toys in the background, emphasizing the care and support provided to unaccompanied children.

Key Steps in the Release Process

  1. Identifying Potential Sponsors: The ORR begins by identifying individuals who may be qualified to care for the child, including parents, relatives, and other adults.
  2. Sponsor Application: Potential sponsors must complete an application to be considered as caregivers.
  3. Interviews: The ORR conducts interviews with the child, potential sponsors, and other relevant parties.
  4. Assessment of Sponsor Suitability: This involves verifying the sponsor’s identity and relationship to the child, conducting background checks, and sometimes performing home studies.
  5. Post-Release Planning: The ORR develops a plan to ensure the child’s continued safety and well-being after release.

Identifying Qualified Sponsors

ORR care providers interview the child, parents, legal guardians, and other family members to identify potential sponsors. Finding a suitable sponsor is an ongoing process, and the ORR will continue to search for a sponsor even if the initial plan is not approved.

The ORR prioritizes the following order of preference for sponsors:

  1. Parent
  2. Legal guardian
  3. Adult relative (brother, sister, aunt, uncle, grandparent, or first cousin)
  4. Adult individual or entity designated by the parent or legal guardian
  5. Licensed program willing to accept legal custody
  6. Adult individual or entity seeking custody when no other alternative is available

Alt text: A mother hugs her son after their reunification, highlighting the emotional and familial connection that ORR aims to restore through its family reunification process.

Contacting Potential Sponsors

Care providers use safe screening methods when contacting potential sponsors to ensure the child’s safety. These methods include:

  • Using qualified interpreters
  • Obtaining proof of the sponsor’s identity
  • Verifying family relationships
  • Coordinating with the child’s parents or guardians
  • Screening for exploitation, abuse, and trafficking
  • Encouraging the child to communicate openly about their safety

The Family Reunification Application

Potential sponsors must complete a Family Reunification Application for the child to be released to their care. The application package includes several important documents, such as:

  • Family Reunification Packet Cover Letter
  • Authorization for Release of Information
  • Family Reunification Application (FRA)
  • Sponsor Care Agreement
  • Information on Legal Orientation Program for Custodians (LOPC)
  • Information for the UAC Sexual Abuse Hotline
  • Fingerprint instructions
  • Sponsor Handbook
  • Letter of Designation for Care of a Minor (if applicable)
  • A warning about potential fraud schemes

Required Documents for Submission

Potential sponsors must provide documentation of their identity, address, and relationship to the child. This includes:

  • Proof of Sponsor Identity: Government-issued ID, passport, or permanent resident card.
  • Proof of Identification of Adult Household Members: Photo ID for all adults living in the sponsor’s home.
  • Proof of Address: Current lease, mortgage statement, or utility bill.
  • Proof of Child’s Identity: Original birth certificate or a legible copy.
  • Proof of Sponsor-Child Relationship: Birth certificates, marriage certificates, court records, or written affirmation from a Consulate.

Alt text: Children are happily playing together in a supervised, secure environment, showcasing the supportive setting that ORR aims to provide for unaccompanied children.

Legal Orientation Program for Custodians (LOPC)

Potential sponsors should attend a presentation provided by the Legal Orientation Program for Custodians (LOPC). This program informs sponsors of their responsibilities, including ensuring the child’s appearance at all immigration proceedings and protecting the child from mistreatment, exploitation, and trafficking.

Key Participants in the Release Process

  • Case Managers: Communicate with potential sponsors, gather information, and assess their suitability.
  • Case Coordinators: Review assessment information and make recommendations for release.
  • ORR Federal Field Specialists (ORR/FFS): Make final release decisions and oversee care providers.
  • Child Advocates: Provide independent recommendations regarding the best interests of the child, especially for victims of trafficking or other vulnerable children.

Sponsor Assessment Criteria

The ORR considers several factors when evaluating potential sponsors, including:

  • The nature and extent of the relationship with the child and their family.
  • The sponsor’s motivation for wanting to sponsor the child.
  • The child’s views on the release.
  • The sponsor’s understanding of the child’s needs and their plan to provide adequate care, supervision, and housing.
  • The sponsor’s ability to provide a stable home environment.
  • The sponsor’s understanding of the importance of ensuring the child’s presence at all future hearings.

Home Studies

In certain cases, the ORR requires a home study to be conducted before releasing a child to a sponsor. This is required when:

  • The child is a victim of trafficking.
  • The child has a disability.
  • The child has been a victim of physical or sexual abuse.
  • The sponsor presents a risk of abuse, maltreatment, exploitation, or trafficking.

ORR also requires a home study when the potential sponsor is seeking to concurrently sponsor two or more children, or has previously sponsored two or more children.

Background Check Investigations

The ORR requires background checks of all potential sponsors and adult household members. This includes:

  • Public records check
  • Sex offender registry check
  • FBI National Criminal History Check

Release Decisions

The ORR makes one of the following release decisions:

  • Approve release to sponsor
  • Approve release with post-release services
  • Conduct a home study before a final release decision
  • Deny release
  • Remand for further information

After Care Planning

Care providers work with the child and sponsor to plan for the child’s after care needs, including:

  • Preparing them for post-ORR custody
  • Assessing the sponsor’s ability to access community resources
  • Providing guidance regarding safety planning and accessing services for the child

Safety and Well-Being Follow Up Call

Care providers conduct a Safety and Well-Being Follow Up Call with the child and their sponsor 30 days after the release date to ensure the child is safe and attending school.

Conclusion

The ORR is dedicated to the safety and well-being of unaccompanied minors. By following these procedures, the ORR ensures that every child is placed in a safe and supportive environment where they can thrive. If you have any questions or concerns, please reach out to the ORR National Call Center at (800) 203-7001.

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