The U.S. Department of Health and Human Services' (HHS) Office of Refugee Resettlement (ORR) has a zero-tolerance policy for all forms of sexual abuse, sexual harassment, and inappropriate sexual behavior at all care provider facilities that house unaccompanied alien children (UAC).1 ORR's Interim Final Rule (IFR)2 sets forth standards to prevent, detect, and respond to sexual abuse and sexual harassment in ORR care provider facilities.3 The IFR was published on December 24, 2014, with an implementation date of June 24, 2015.
The IFR provides that care provider facilities and ORR will regularly collect and report aggregated information about the number of sexual abuse and sexual harassment allegations determined to be substantiated, unsubstantiated, unfounded, or for which an investigation is ongoing, in order to detect patterns so that future incidents can be prevented. As a result, care provider facilities must maintain all case records associated with claims of sexual abuse and sexual harassment, including incident reports, investigative reports, offender information, case disposition, medical and counseling evaluation findings, and recommendations for post release treatment and/or counseling.4 Additionally, the IFR pursuant to ORR issues an annual report on efforts to prevent, detect, and respond to sexual abuse and sexual harassment among UAC.5
For the 2017 data collection, care provider facilities provided ORR with aggregate information about substantiated incidents that occurred from January 1, 2017, through December 31, 2017. ORR's IFR does not apply to individual foster homes or to secure care providers, which must follow DOJ's National Standards to Prevent, Detect, and Respond to Prison Rape. Additionally, influx care facilities are exempt from the data collection requirement. However, ORR made efforts to collect data from all care provider facilities, including secure and influx care facilities. ORR received responses from 131 care provider facilities, which represents the majority of care provider facilities funded by ORR during that time period. Fourteen care provider facilities, which are no longer funded by ORR, did not respond or were unable to be contacted due to out-of-date information.6
ORR requested information about substantiated incidents of sexual abuse, sexual harassment, and inappropriate sexual behavior. Care provider facilities relied on dispositions or findings from their state child protective services (CPS), state licensing entity, or local law enforcement to determine which incidents were substantiated (that is, investigated and determined to have occurred). In four states (Arizona, Florida, Georgia, and Michigan),7 CPS or state licensing does not formally investigate or provide care provider facilities with a disposition or finding for each allegation. However, care provider facilities in these states are provided with information about whether sexual abuse allegations involving staff were substantiated.
Definitions
ORR began collecting data specific to sexual abuse in October 2014. Prior to the implementation of the IFR, care provider facilities used the definition of sexual abuse in state law to report allegations according to state licensing requirements and mandatory reporting laws. With the publication of the IFR, care provider facilities, regardless of their state of operation, began using one standardized definition for sexual abuse and sexual harassment to ensure consistent reporting.
Sexual abuse is defined at 34 U.S.C. § 20341 and in ORR regulations at 45 C.F.R. § 411.6. While sexual abuse, under the regulation, includes different acts depending on whether the perpetrator is a minor or an adult, the list below includes acts that may fall under the term "sexual abuse" as used in this report.8
- The employment, use, persuasion, inducement, enticement, or coercion of a child to engage in, or assist another person to engage in, (2) or (3) below or the rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children;
- Actual or simulated sexual intercourse, including sexual contact in the manner of genital-genital, oral-genital, anal-genital, or oral-anal contact, whether between persons of the same or opposite sex;
- Intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or the buttocks of another person;
- Contact between the mouth and any body part where a staff member, grantee, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire;
- Penetration of the anal or genital opening of another person, however slight, by a hand, finger, object, or other instrument;
- Any attempt, threat, or request by a staff member, grantee, contractor, or volunteer to engage in activities (1) through (5) above;
- Any display by a staff member, grantee, contractor, or volunteer of his or her uncovered buttocks or breast in the presence of a child;
- Bestiality;
- Masturbation;
- Lascivious exhibition of the genitals or pubic area of a person or animal;
- Sadistic or masochistic abuse;
- Child pornography or child prostitution; or
- Voyeurism by a staff member, grantee, contractor, or volunteer.
Sexual harassment is defined in ORR regulations at 45 C.F.R. § 411.6. Sexual harassment also includes different acts depending on whether the perpetrator is a minor or an adult. The term generally includes: repeated and unwelcome sexual advances, requests for sexual favors, or verbal comments, gestures, phone calls, emails, texts, social media messages, pictures sent or shown, other electronic communication, or actions of a derogatory or offensive sexual nature, including demeaning references to gender, sexually suggestive or derogatory comments about body or clothing, or obscene language or gestures. Inappropriate sexual behavior is behavior that does not meet the definition of sexual abuse or sexual harassment but is sexual in nature.
Care Provider Reporting Requirements
The reporting requirements for care provider facilities are broad and extend much further than what would meet the definition of abuse. Care provider facilities are required to report:
- Any knowledge, suspicion, or information regarding an allegation of sexual abuse, sexual harassment, or inappropriate sexual behavior;
- Retaliation against children, staff, volunteers, or contractors for reporting an allegation of sexual abuse, sexual harassment, or inappropriate sexual behavior; and
- Any staff neglect or violation of responsibilities that may have contributed to an allegation or retaliation.
Care provider facilities must report allegations of sexual abuse, sexual harassment, inappropriate sexual behavior; retaliation; and staff neglect or violation of responsibilities immediately but no later than four hours after learning of the allegation. In addition to ORR, care provider facilities must report these allegations to the state licensing agency and CPS, in accordance with mandatory reporting laws, state licensing requirements, federal laws and regulations, and ORR policies and procedures. Additionally, allegations of sexual abuse must be reported to the U.S. Department of Justice's (DOJ) Federal Bureau of Investigation (FBI) and HHS' Office of Inspector General (OIG). In the case of a sexual abuse allegation involving minors, CPS or state licensing may cross-report to local law enforcement. If an allegation involves an adult, the care provider facility must independently notify local law enforcement.
Table 1 summarizes the number of allegations (most of which are not substantiated) reported to ORR and DOJ during fiscal year (FY) 2017. Each allegation refers to a separate allegation reported during the month. One allegation could involve multiple children. Additionally, one allegation could be reported multiple times. For example, if a child transfers from one facility to another, two care provider facilities could report the same allegation to ensure that all the information and follow-up actions are documented.
The incidents reported to ORR refer to a broad range of allegations, including sexual abuse, sexual harassment, and inappropriate sexual behavior. Only allegations of sexual abuse, as defined by 34 U.S.C. § 20341 and in ORR regulations at 45 C.F.R. § 411.6, are reported to DOJ.
Table 1: Allegations of sexual misconduct reported to ORR and DOJ, by type of allegation, 2017
| Oct | Nov | Dec | Jan | Feb | Mar | Apr | May | June | July | Aug | Sept | Total | |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Allegations Reported to ORR* | 135 | 140 | 142 | 172 | 106 | 76 | 41 | 36 | 45 | 49 | 58 | 69 | 1069 |
| Allegations Reported to DOJ† | 40 | 39 | 35 | 45 | 18 | 21 | 13 | 6 | 11 | 11 | 10 | 15 | 264 |
| Unknown Perpetrator | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| UAC-on-UAC | 32 | 34 | 33 | 37 | 13 | 16 | 5 | 4 | 7 | 7 | 7 | 13 | 208 |
| Non-UAC Minor-on-UAC** | 2 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 3 |
| Allegations with an Adult Reported to DOJ | 6 | 5 | 2 | 8 | 5 | 5 | 8 | 2 | 3 | 4 | 3 | 2 | 53 |
| Staff-on-Minor | 6 | 5 | 2 | 7 | 5 | 5 | 8 | 2 | 1 | 4 | 2 | 2 | 49 |
| Non-staff Adult-on-Minor | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 2 | 0 | 1 | 0 | 4 |
|
*This includes all allegations of sexual abuse, sexual harassment, and inappropriate sexual behavior that occurred in ORR care and custody and were reported to ORR. As noted below, the majority of allegations were not substantiated. |
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Care provider facilities reported a total of 1,069 allegations of sexual misconduct to ORR in 2017. This sexual misconduct includes a wide range of acts from vulgar language to more serious claims of sexual assault. Of these 1,069 allegations, 264 allegations were reported to DOJ, or approximately 25 percent.
The vast majority of sexual abuse allegations are UAC-on-UAC, accounting for approximately 79 percent. Allegations of sexual abuse involving staff account for approximately 19 percent of all reported sexual abuse allegations; allegations involving non-staff adult account for approximately two percent. For the purposes of this report, staff is defined as employees, contractors, foster parents, and volunteers in ORR-funded care provider facilities, but does not include federal employees9.
Results from the 2017 Data Collection
For the time period January 1, 2017, to December 31, 2017, ORR care provider facilities reported a total of 27 substantiated incidents of sexual abuse, sexual harassment, and inappropriate sexual behavior. The majority of substantiated incidents, or 22 incidents, reported by care provider facilities were UAC-on-UAC, representing approximately 81 percent. In comparison, approximately 19 percent of substantiated allegations, or five incidents, reported by care provider facilities were staff-on-UAC. Care provider facilities reported zero substantiated incidents that were non-staff adult-on-UAC.
Table 2 summarizes the total number of responding care provider facilities reporting substantiated UAC-on-UAC and non-staff adult-on-UAC incidents. Even if a care provider facility reported "zero" incidents for the period, the care provider facility is counted in the totals of facilities that responded with reports. As discussed above, care provider facilities in Arizona, Florida, Georgia, Michigan, influx care facilities, and shelters in New York could not provide information as to whether an allegation was substantiated, unsubstantiated, or unfounded, with the exception of staff-on-UAC incidents. A minority of the responding care provider facilities, 30 facilities out of 131, are located in states that do not provide dispositions for UAC-on-UAC allegations. Table 3 summarizes the same information related to staff-on-UAC substantiated incidents.
In comparison, care providers reported 108 substantiated incidents of sexual abuse, sexual harassment, and inappropriate sexual behavior in the 2015/2016 data collection. However, the time period and number of UAC served during the two data collections differs significantly. The 2017 data collection represents one calendar year (January 1, 2017, through December 31, 2017). The 2015/2016 data collection spanned almost one and a half years (June 25, 2015, through December 31, 2016). Additionally, ORR served significantly more unaccompanied alien children in FY 2016: 59,170 unaccompanied alien children in FY 2016, compared to 40,810 in FY 2017.
Shelter programs reported the highest percentage of substantiated incidents, approximately 50 percent of UAC-on-UAC incidents and all of the staff-on-UAC incidents. This is consistent with the results of the 2015/2016 data collection and with the percentages of shelter programs in the ORR network. Approximately 89 percent of unaccompanied alien children were initially placed in a shelter in FY 2017. Foster care10 was the second most common initial placement and reported the second highest number of substantiated incidents (seven). Therapeutic facilities reported zero substantiated incidents.
Table 2: Number of substantiated incidents of sexual abuse, sexual harassment, and inappropriate sexual behavior by type of incident, 2017
| Type of Care Provider | Number Total of Facilities Responding | UAC-on-UAC | Non-Staff Adult-on-UAC† | Total |
|---|---|---|---|---|
| Shelter | 51 | 11 | 0 | 11 |
| Foster care | 38 | 7 | 0 | 7 |
| Staff Secure/ Secure | 11 | 4 | 0 | 4 |
| Therapeutic | 1 | 0 | 0 | 0 |
| Total | 101 | 22 | 0 | 22 |
|
Source: Data reported by ORR-funded care provider facilities, with the exception of facilities in Arizona, Florida, Georgia, Michigan, influx care facilities, and shelters in New York for the period of January 1, 2017, to December 31, 2017. |
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Table 3: Number of substantiated incidents of sexual abuse, sexual harassment, and inappropriate sexual behavior involving staff at ORR-funded care provider facilities, 2017
| Type of Care Provider | Number Of Total Facilities Responding | Staff-on-UAC* |
|---|---|---|
| Shelter | 73 | 5 |
| Foster care | 43 | 0 |
| Staff Secure/ Secure | 12 | 0 |
| Therapeutic | 2 | 0 |
| Influx | 1 | 0 |
| Total | 131 | 5 |
|
Source: Data reported by ORR-funded care provider facilities for the period of January 1, 2017, to December 31, 2017. |
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UAC-on-UAC Substantiated Incidents
As part of the 2017 data collection, care provider facilities provided data on a number of areas related to UAC-on-UAC substantiated incidents, including information about the characteristics of victims and perpetrators. The majority of victims and perpetrators were male, with the exception of victims at shelter programs where the victim was almost as likely to be female as male. This mirrors the gender make-up of the UAC population in FY 2017, when approximately two-thirds of UAC were male.
Care provider facilities also provided data about the circumstances surrounding UAC-on-UAC substantiated incidents, including who reported an incident. Care provider facilities are required to provide every unaccompanied alien child with an orientation on topics related to preventing, detecting, and responding to sexual abuse and harassment. During orientation, care provider facilities must provide information about ORR's zero-tolerance policy, the child's rights and responsibilities for reporting, how to report sexual abuse and harassment, and other topics. Care provider facilities must display posters and notices in prominent locations throughout the facility and provide pamphlets with phone numbers and guidance on reporting sexual abuse and harassment. ORR ensures that care providers provide these materials through its routine onsite monitoring visits and compliance audit process.11
As summarized in Table 4, the majority of substantiated incidents were reported to the care provider facility by the victim, similar to the 2015/2016 data collection. Other common reporting methods included reporting by a youth care worker.
The data in Table 4 suggests that UAC, including UAC victims, know how to report incidents of sexual abuse, sexual harassment, and inappropriate sexual behavior. The orientation provides UAC with valuable information about their rights regarding abuse and the multiple ways they can report sexual misconduct while in ORR custody. ORR is committed to supporting care provider facilities in providing high quality orientation services to every child. ORR continues to identify ways to increase the frequency and quality of training for staff and foster parents in the UAC network to ensure they understand their obligations under ORR regulations and policies, and are able to identify sexual abuse and respond appropriately.
Table 4: Circumstances surrounding UAC-on-UAC substantiated incidents of sexual abuse, sexual harassment, and inappropriate sexual behavior, by type of care provider facility, 2017
| Type of Facility | |||||
|---|---|---|---|---|---|
| Circumstance | Shelter | Foster Care | Staff Secure/Secure | Thera-peutic | Total |
| Who Reported the Incident | |||||
| Victim | 6 | 1 | 3 | 0 | 10 |
| Care provider medical/mental health staff | 0 | 0 | 0 | 0 | 0 |
| Foster parent | 0 | 1 | 0 | 0 | 1 |
| Case managers | 0 | 1 | 0 | 0 | 1 |
| Non-care provider medical/mental health staff | 1 | 0 | 0 | 0 | 1 |
| Attorney | 0 | 0 | 0 | 0 | 0 |
| Victim's family or sponsor | 0 | 0 | 0 | 0 | 0 |
| Another UAC (not victim or perpetrator) | 1 | 0 | 0 | 0 | 1 |
| Perpetrator | 0 | 0 | 1 | 0 | 1 |
| Perpetrator's family or sponsor | 0 | 0 | 0 | 0 | 0 |
| UAC Sexual Abuse Hotline | 0 | 0 | 0 | 0 | 0 |
| Other | 0 | 1 | 0 | 0 | 1 |
| Child advocate | 0 | 0 | 0 | 0 | 0 |
| Youth care worker | 3 | 0 | 0 | 0 | 3 |
| Other care provider staff | 0 | 0 | 0 | 0 | 0 |
|
Source: Data reported by ORR-funded care provider facilities, with the exception of facilities in Arizona, Florida, Georgia, Michigan, influx care facilities, and shelters in New York for the period of January 1, 2017, to December 31, 2017. |
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Care provider facilities are responsible for providing immediate follow-up services after an allegation of sexual abuse or sexual harassment is reported and taking necessary actions to ensure the safety of the victim and all children in care.
ORR provides routine and emergency medical and mental health care for all unaccompanied alien children in its care, including weekly individual and group counseling sessions with clinicians at the facility. If a child is sexually abused while in ORR care, the care provider facility must ensure that the child is offered appropriate medical and mental health care services. The type of follow-up services offered to a UAC depend on the nature of the sexual abuse allegation.12
The most common follow-up service provided was counseling or mental health treatment, which was provided to 11 victims in substantiated incidents of sexual abuse, sexual harassment, or inappropriate sexual behavior. Two UAC victims were already discharged from ORR care when the care provider facility learned of a substantiated incident.
Care provider facilities should employ multiple protection measures to ensure the safety of UAC victims and to provide a supportive environment.13 Care provider staff reported a number of actions taken to ensure the safety of the victim. The most common action taken was separating the victim from the perpetrator, which care provider staff did in 10 of the cases. Care provider staff also provided increased supervision to three victims in substantiated incidents. ORR regulations allow care provider facilities to use increased supervision to protect a UAC victim in exigent circumstances.14 ORR policy defines exigent circumstances as any set of temporary or unforeseen circumstances that require immediate action in order to combat a threat to the security of a care provider or a threat to the safety and security of any person.15
Table 5 summarizes the impact on perpetrators of UAC-on-UAC substantiated incidents. Care provider facilities are required by regulation to provide appropriate interventions to UAC who engage in sexual abuse, with the goal of promoting improved behavior by the UAC and ensuring the safety of other UAC. Care provider facilities must take into account the social, sexual, emotional, and cognitive development of the UAC when deciding on an appropriate intervention.16 The type of intervention will depend on the nature of the incident, particularly if the incident was sexual abuse, sexual harassment, or inappropriate sexual behavior.
Care provider facilities provided counseling or mental health treatment to 12 UAC perpetrators. One UAC perpetrator in a substantiated incident was already discharged when care provider staff became aware of the incident. Care provider facilities are required to follow the same reporting requirements after becoming aware of an incident, whether or not an involved UAC has already been discharged from ORR care. This includes creating SA/SIRs and reporting to appropriate investigating entities.
The most common actions taken for perpetrators included separating the perpetrator from the victim (11 cases), providing increased supervision (two cases), transferring the perpetrator to a more restrictive setting (one case), and restricting the perpetrator to a room for a period of time (one case). In three cases, no action was taken in substantiated incidents of sexual abuse, sexual harassment, or inappropriate sexual behavior. Therefore, ORR will provide more guidance to ensure that care providers are ensuring the safety of victims and providing appropriate interventions to UAC perpetrators.
Additionally, care provider facilities reported on sanctions imposed on the perpetrator. Care provider facilities imposed a loss of privileges for 11 UAC perpetrators in substantiated incidents. This could include privileges earned for good behavior, such as a special outing or group activity.
Table 5: Impact on perpetrators of UAC-on-UAC substantiated incidents of sexual abuse, sexual harassment, or inappropriate sexual behavior, by care provider facility type, 2017
| Type of Facility | |||||
|---|---|---|---|---|---|
| Impact | Shelter | Foster Care | Staff Secure/Secure | Thera-peutic | Total |
| Actions taken for the perpetrator | |||||
| Given increased supervision | 1 | 1 | 0 | 0 | 2 |
| Moved to a different room | 0 | 0 | 0 | 0 | 0 |
| Placed in a different foster home | 0 | 0 | 0 | 0 | 0 |
| Restricted to room | 0 | 0 | 1 | 0 | 1 |
| Separated from victim | 7 | 0 | 4 | 0 | 11 |
| Transferred to a more restrictive setting | 0 | 1 | 0 | 0 | 1 |
| Transferred to another care provider | 2 | 0 | 0 | 0 | 2 |
| No action taken | 3 | 0 | 0 | 0 | 3 |
| Sanctions imposed on the perpetrator | |||||
| Arrested or referred to law enforcement | 0 | 0 | 0 | 0 | 0 |
| Convicted | 0 | 0 | 0 | 0 | 0 |
| Loss of privileges | 10 | 1 | 0 | 0 | 11 |
| Referred for prosecution or indicted | 0 | 0 | 0 | 0 | 0 |
|
Source: Data reported by ORR-funded care provider facilities, with the exception of facilities in Arizona, Florida, Georgia, Michigan, influx care facilities, and shelters in New York for the period of January 1, 2017, to December 31, 2017. |
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Adult-on-UAC Substantiated Incidents and Allegations
In addition to providing information about UAC-on-UAC incidents, care provider facilities also reported information about adult-on-UAC substantiated incidents, including incidents involving staff.
Care provider facilities are required to provide training to staff before gaining access to children on situations where sexual abuse, sexual harassment, and inappropriate sexual behavior may occur and the physical, behavioral, and emotional signs of sexual abuse. However, ORR will provide additional trainings on these topics to ensure that care provider staff are adequately trained on these topics, particularly regarding grooming and manipulation.
Care provider facilities reported zero substantiated non-staff adult-on-UAC incidents as part of the 2017 data collection. A non-staff adult may include an adult family member, friend, non-staff teacher, an adult with no previous relationship to the UAC, or other adult.
Care provider facilities reported five substantiated incidents involving staff. For the purposes of this report, staff is defined as ORR care provider facility employees, contractors, foster parents, and volunteers, but does not include federal employees17. All five incidents of staff-on-UAC sexual abuse were related to the same perpetrator, a male youth care worker at Southwest Key (SWK) Kokopelli in Arizona. Three of the incidents were reported by SWK Kokopelli in July 2017. Two of the reports described the staff member inappropriately touching unaccompanied alien children at SWK Kokopelli. One of the reports described the staff member engaging in inappropriate behaviors that may be indicative of grooming, including using sexualized language and other inappropriate behavior. The staff member in this case was immediately suspended and later terminated. The staff member was convicted by a federal jury of seven counts of abusive sexual contact with a ward and three counts of sexual abuse of a ward. He was sentenced to 19 years in prison.
Two of the incidents were reported, in October 2017 and November 2017, by other care provider facilities after a child from SWK Kokopelli was transferred into their care. One report described the staff member using sexual language and making comments about the minor's sexual orientation. The second report documented that a child is part of the criminal investigation of the staff member and participated in a second forensic interview. It is not uncommon for children to delay in reporting sexual abuse that has occurred to them. Many factors, such as fear, embarrassment, or intimidation, can cause a child to feel uncomfortable or unsafe in sharing this information.
Following the allegations made at SWK Kokopelli, ORR removed all UAC placed there at that time and transferred them to other local care provider facilities. Additionally, ORR issued a stop placement so the program did not receive new UAC into their program. ORR cooperated with ongoing law enforcement investigations and issued corrective actions to the care provider facility, including a requirement to retrain all staff. Further, ORR monitored both the care provider facility and SWK corporate offices to review internal policies and reporting structures, supervisory response to events, available video footage, and the care provider facility practices. ORR did not resume placement of UAC at SWK Kokopelli until the care provider facility provided a satisfactory response to the corrective actions and met the requirements for retraining staff.
The five substantiated incidents involved eight different unaccompanied alien children. All the victims were male, and the majority were 17 years old. In the majority of cases, the victim reported the incident as summarized in Table 6.
As discussed in the UAC-on-UAC section above, care provider facilities must offer appropriate medical and mental health care services if a child is sexually abused while in ORR care. The type of follow-up services offered to a UAC depend on the nature of the sexual abuse allegation. The most common follow-up service provided was counseling or mental health treatment, which was provided in three incidents. Two victims continued individual and group counseling, and one victim was provided with extra counseling. Four victims were offered medical services. As more details about the nature of the sexual abuse at SWK Kokopelli emerged, the victims were provided additional medical services through the investigating entities.
Table 6: Circumstance surrounding staff-on-UAC substantiated incidents of sexual abuse, sexual harassment, and inappropriate sexual behavior, by type of care provider facility, 2017
| Type of Facility | |||||
|---|---|---|---|---|---|
| Circumstance | Shelter | Foster Care | Staff Secure/Secure | Thera-peutic | Total |
| Who Reported the Incident | |||||
| Victim | 4 | 0 | 0 | 0 | 4 |
| Care provider medical/mental health staff | 0 | 0 | 0 | 0 | 0 |
| Foster parent | 0 | 0 | 0 | 0 | 0 |
| Case managers | 0 | 0 | 0 | 0 | 0 |
| Non-care provider medical/mental health staff | 0 | 0 | 0 | 0 | 0 |
| Attorney | 0 | 0 | 0 | 0 | 0 |
| Victim's family or sponsor | 0 | 0 | 0 | 0 | 0 |
| Another UAC (not victim or perpetrator) | 0 | 0 | 0 | 0 | 0 |
| Perpetrator | 0 | 0 | 0 | 0 | 0 |
| Perpetrator's family or sponsor | 0 | 0 | 0 | 0 | 0 |
| UAC Sexual Abuse Hotline | 0 | 0 | 0 | 0 | 0 |
| Other | 1 | 0 | 0 | 0 | 1 |
| Child advocate | 0 | 0 | 0 | 0 | 0 |
| Youth care worker | 0 | 0 | 0 | 0 | 0 |
| Other care provider staff | 0 | 0 | 0 | 0 | 0 |
|
Source: Data reported by ORR-funded care provider facilities for the period of January 1, 2017, to December 31, 2017. |
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Care provider facilities are required by regulation to suspend any staff member suspected of perpetrating sexual abuse or sexual harassment from all duties that would provide the staff member with access to UAC pending investigation.18
UAC Sexual Abuse Hotline
ORR is committed to multiple, easily accessible methods for children and youth to report sexual abuse, sexual harassment, and inappropriate sexual behavior. Children and youth in ORR care may report to care provider staff verbally, anonymously via writing, or via a grievance. Additionally, care providers must provide UAC with access to and instructions on how they can report incidents using telephones with preprogrammed numbers for the UAC Sexual Abuse Hotline, CPS, and the local community service provider or national rape crisis hotline. The Hotline provides an alternative method for a child or third party, including family members, sponsors, legal service providers, and child advocates, to report knowledge or suspicion of sexual abuse or harassment at a care provider.
Hotline staff immediately notify CPS, the state licensing agency, and local law enforcement, as appropriate, of any allegations received directly from any child or third party. After ORR receives a Hotline report, it notifies the care provider, who follows up with any additional reporting, including the FBI and HHS/OIG, as appropriate. The care provider facility must also ensure all children and youth are safe and provided with appropriate follow-up services. The UAC Sexual Abuse Hotline began operations on August 31, 2015.
Between January 1, 2017, and December 31, 2017, ORR received 58 reports from the UAC Sexual Abuse Hotline. ORR continues to work with care provider facilities to ensure that pre-programmed phones are set-up in a manner that decreases stigma.
Corrective Actions
ORR conducts monitoring to ensure that care provider facilities meet appropriate standards for the care and timely release of unaccompanied alien children, and abide by federal and state laws and regulations, licensing and accreditation standards, and ORR regulations and policies including the IFR. If ORR finds a care provider facility to be out of compliance with requirements, ORR issues corrective action findings and requires the care provider facility to resolve the issue within a specified time frame. ORR also provides technical assistance, as needed, to ensure that deficiencies are addressed.
Table 7 summarizes the corrective actions issued in 2017 to care provider facilities for noncompliance with the IFR and related policies.
Table 7: Description and number of corrective actions issued, 2017
| Description | Noncompliance Identified | Number |
|---|---|---|
| Employee Background Investigations and Hiring Decisions | Background check information was not properly documented (Efforts to contact previous employers) | 2 |
| Staff Training | No documentation that staff received required training (especially, specialized Medical and Mental Health Training) | 8 |
| Staff training did not include all of the required topics | 4 | |
| Employee Performance Evaluations and Promotion Decisions | Employee evaluation did not meet ORR policy | 2 |
| Staffing Levels | Facility did not comply with required staffing levels | 4 |
| Staffing Plans and Video Monitoring Restrictions | Video monitoring did not meet requirements | 1 |
| Access to Community Service Providers and Resources | Did not provide information about community services and resources or did not provide all required information about community services and resources | 8 |
| Educating Children and Youth on Sexual Abuse and Sexual Harassment | UAC Training did not include all required topics (especially use of preprogrammed phones) | 9 |
| No evidence that UAC received required orientation within ORR required timeframes | 3 | |
| Bulletin Board Posting | Bulletin board did not have required information or information was not translated | 1 |
| Bulletin board was not present or was not properly located | 2 | |
| Pamphlets on Sexual Abuse and Harassment | No documentation that UAC received pamphlet (especially care provider pamphlet) | 8 |
| Pamphlets are not available throughout the facility | 12 | |
| Pamphlet did not have required information or information was not translated | 4 | |
| Assessment for Risk | 30-day review was not completed or was not completed on time | 1 |
| Methods for Children and Youth to Report | Children could not access pre-programmed phone without staff assistance or did not have adequate access to pre-programmed phone | 4 |
| No preprogrammed phones available or not enough preprogrammed phones | 1 | |
| Pre-programmed phones in areas that do not afford adequate privacy | 4 | |
| Required phone numbers not programmed into phones | 4 | |
| Grievance procedure did not meet requirements | 18 | |
| Memoranda of Understanding | No evidence that care provider attempted to enter into MOUs or other agreements with local child advocacy centers, rape crisis centers, immigrant victim service providers, and/or other community service providers to provide services to victims of sexual abuse and sexual harassment that occurred at the care provider facility. | 1 |
| Reporting Sexual Abuse Significant Incidents to ORR | SIR reporting not meet requirements | 2 |
| TOTAL | 103 | |
Source: ORR Monitoring Reports from January 2017 to December 2017.
Conclusion
In the 2017 data collection, care provider facilities reported: 27 substantiated incidents of sexual abuse, sexual harassment, and inappropriate sexual behavior. These numbers are lower than the reported totals in the 2015/2016 data collection (when care provider facilities reported 108 incidents over eighteen months). Care provider facilities also reported significantly lower numbers of total allegations of sexual abuse, sexual harassment, and inappropriate sexual behavior for the time period covered by the 2017 data collection as compared to the 2015/2016 data collection (1,779 in 2015/2016 compared to 1,069 in 2017). Additionally, the number of UAC served by ORR was significantly higher in FY 2016: 59,170 unaccompanied alien children compared to 40,810 in FY 2017.
ORR continues to identify ways to improve its data collection on sexual abuse and sexual harassment. ORR revised the data collection process for 2018 to leverage the data collected during the incident review process to use this richer data about incidents that involve staff19. ORR believes this new process will allow it to better identify trends and areas for improvement. Additionally, ORR is working to obtain data from care provider facilities in states that were previously unable to provide data on sexual abuse and sexual harassment substantiations.
Footnotes
- 1.↩ An unaccompanied alien child is defined in section 462(g)(2) of the Homeland Security Act of 2002 as a child: (1) who has no lawful immigration status in the United States; (2) who has not reached 18 years of age; and (3) with respect to whom there is no parent or legal guardian in the United States or there is no parent or legal guardian in the United States available to provide care and physical custody. See 6 U.S.C. § 279(g)(2).
- 2.↩ See 45 C.F.R. Part 411.
- 3.↩ Section 1101(c) of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113-4) amended the Prison Rape Elimination Act to include a provision directing the Secretary of the Department of Health and Human Services to publish a final rule adopting national standards for the detection, prevention, reduction, and punishment of rape and sexual assault in facilities that maintain custody of unaccompanied children. See 34 U.S.C. § 30307(d).
- 4.↩ See 45 C.F.R. § 411.102.
- 5.↩ See 45 C.F.R. § 411.103.
- 6.↩ ORR may issue a corrective action if a care provider facility currently receiving funding did not provide data for this report.
- 7.↩ Additionally, shelter programs in New York, and the influx facilities Fort Bliss and Holloman are unable to provide information about the disposition of each allegation. An influx facility is a type of care provider facility that is opened to provide temporary emergency shelter and services for UAC during an influx or emergency. The IFR refers to these facilities as "emergency care providers."
- 8.↩ See § 4.1 of the ORR Policy Guide, available online, for the comprehensive list of acts that meet the definitions of sexual abuse and sexual harassment. See also 45 C.F.R. § 411.6, distinguishing between (1) sexual abuse of a UAC by another UAC; and (2) sexual abuse of a UAC by a staff member, grantee, contractor, or volunteer.
- 9.↩ ORR federal employees do not provide direct care to children.
- 10.↩ ORR foster care programs are part of the ORR care provider network and adhere to ORR policies and procedures along with state licensing requirements.
- 11.↩ ORR's monitoring team conducts week long visits to every care provider to review policies, procedures, and practices and guidelines compliance. See ORR Policy Guide § 5.5.1. In addition to routine site visit monitoring conducted by ORR staff, ORR is required by the IFR to establish an external process to audit care providers. The audits determine a care provider's compliance with standards in the IFR and ORR policies and procedures during the preceding 12 months. See 45 C.F.R. Part 411 Subpart L.
- 12.↩ See ORR Policy Guide § 4.9.
- 13.↩ See 45 C.F.R. § 411.68(b).
- 14.↩ See 45 C.F.R. § 411.68(c).
- 15.↩ See ORR Policy Guide § 4.6.3.
- 16.↩ See 45 C.F.R. § 411.83.
- 17.↩ ORR federal employees do not provide direct care to children.
- 18.↩ 45 C.F.R. §411.66.
- 19.↩ See ORR policy guide § 4.11.1
