4184-45-P
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
Proposed Information Collection Activity; Administration of
Psychotropic Medication to Unaccompanied Children (New
Collection)
AGENCY:

Office of Refugee Resettlement, Administration for

Children and Families, U.S. Department of Health and Human
Services.
ACTION:

Request for public comments.

SUMMARY:

The Office of Refugee Resettlement (ORR),

Administration for Children and Families (ACF), U.S.
Department of Health and Human Services is inviting public
comment on the proposed collection.

The request consists

of two forms that will allow the Unaccompanied Children
(UC) Bureau to obtain informed consent from authorized
consenters and informed assent or agreement from
unaccompanied children for the administration of
psychotropic medication.
DATES:

Comments due [INSERT DATE 60 DAYS AFTER DATE OF

PUBLICATION IN THE FEDERAL REGISTER].

In compliance with

the requirements of the Paperwork Reduction Act of 1995,
ACF is soliciting public comment on the specific aspects of
the information collection described above.
ADDRESSES:

You can obtain copies of the proposed

collection of information and submit comments by emailing

infocollection@acf.hhs.gov.

Identify all requests by the

title of the information collection.
SUPPLEMENTARY INFORMATION:
Description:

The ORR UC Bureau is proposing two new forms:

Psychotropic Medication Informed Consent (Form MMH-1) and
Psychotropic Medication Assent Notice (Form MMH-2).

The

proposed information collection is necessary to allow the
ORR UC Bureau to comply with a court order and improve
processes for the administration of psychotropic
medication.

On June 29, 2018, Plaintiffs filed their

federal class action lawsuit in the Central District of
California, western division, captioned Lucas R. et al v.
Becerra et al (Case No. 2:18-CV-05741 DMG PLA), asserting
claims under the Flores consent decree, the Trafficking
Victims Protection Reauthorization Act, the Due Process
clause, and the First Amendment.

Plaintiffs allege

violation of unaccompanied children rights in decisions
regarding family reunification, placement in restrictive
facilities, services for children with disabilities,
administration of psychotropic medication, and access to
legal assistance.

On May 3, 2024, the Court granted final

approval for the settlement agreements of the Plaintiffs’
claims for disabilities, psychotropic medication, and legal
assistance.

As part of the settlement agreement for the

psychotropic medication claim, ORR is required, whenever
possible, to obtain informed consent for the administration

of psychotropic medication and provide certain information
to the authorized consenter.

Additionally, ORR is required

to provide a written notice and obtain informed assent or
agreement from children aged 14 or older before
administering psychotropic medication.

The psychotropic

medication settlement agreement must be fully implemented
by August 3, 2026, but data collection must be implemented
by February 3, 2025, to ensure compliance with the
Agreement.
Respondents:

Care provider grantees and contractors

Annual Burden Estimates:

Form
Psychotropic
Medication
Informed
Consent (Form
MMH-1)
Psychotropic
Medication
Assent Notice
(Form MMH-2)

Annual
Number of
Respondents

Number of
Responses
Per
Respondent

Average
Burden Hours
Per Response

Total Annual
Burden Hours

2

1.50

300

0.75

Estimated Total Annual Burden Hours:
Comments:

1,125

The Department specifically requests comments on

(a) whether the proposed collection of information is
necessary for the proper performance of the functions of
the agency, including whether the information shall have
practical utility; (b) the accuracy of the agency's
estimate of the burden of the proposed collection of
information; (c) the quality, utility, and clarity of the
information to be collected; and (d) ways to minimize the

burden of the collection of information on respondents,
including through the use of automated collection
techniques or other forms of information technology.
Consideration will be given to comments and suggestions
submitted within 60 days of this publication.
Authority:

6 U.S.C. 279; 8 U.S.C. 1232; 45 CFR 410; Flores

v. Reno Settlement Agreement, No. CV85-4544-RJK (C.D. Cal.
1996); Lucas R. et al v. Becerra et al (Case No. 2:18-CV05741 DMG PLA) Psychotropic Medication Settlement Agreement

Mary C. Jones, ACF/OPRE Certifying Officer.
[FR Doc. 2024-16043 Filed: 7/19/2024 8:45 am; Publication Date: 7/22/2024]