As previously
agreed, ACF will provide a list of collections also related to this
new requirement that may require PRA approval, particularly if on
an emergency basis.
Inventory as of this Action
Requested
Previously Approved
10/31/2009
6 Months From Approved
50
0
0
75
0
0
0
0
0
The TVPRA 2008 directs HHS upon
receipt of credible information that a non-U.S. citizen, non-lawful
permanent resident (alien) child may have been subjected to a
severe form of trafficking in persons and is seeking Federal
assistance available to victims of trafficking, to promptly
determine if the child is eligble for interim assistance. The law
further directs HSS to determine if the child is eligble for
assistance as a victim of a severe form of trafficking in persons
after consultation with the Attorney General, the Secretary of
Homeland Security, and nongovernmental organizations with expertise
on victims of severe form of trafficking. In developing procedures
for collecting the neccessary informaiton from potential child
victims of trafficking, their case managers, attorneys, or other
representatives to allow HHS to grant interim eligbility, HHS
devised a form. HHS has determined that the use of a standard form
to collect iformation is the best way to ensure requestors are
notified of their option to request assistance for child victims of
trafficking and to make prompt and consistent determinations about
the child's eligbility for interim assistance. Specifcially, the
form asks the requestor for his/her identifying information, for
information on the child, information describing the type of
trafficking and circumstances surrounding the situation, and the
strengths and needs of the child. The form also asks the requestor
to verify the information contained in the form becuase the
information could be the basis for a determination of an alien
child's eligibiltiy for federally funded benefits. Finally, the
form takes into consideration the need to compile information
regarding a child's circumstances and experiences in a
non-directive, child-friendly way, and assists the potential
requestor in assessing whether the child may have been subjected to
trafficking in persons.
The William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA
2008), Pub. L. No. 110-457, directs the Secretary of HHS to grant
interim eligibility for federally funded assistance, to the same
extent as refugees, upon receipt of credible information that a
non-U.S. citizen, non-LPR (alien) child who may have been subjected
to asevere form of trafficking in persons is seeking such
assistance. The law directs the Secretary of HHS to promptly
determine if the child is eligble for interim assistance, and to
determine if the child is eligble for long-term assistance as a
victim of trafficking after consultation with the Attorney General,
the Secretary of Homeland Security, and nongovernmental
organizations with expertise on victims of severe form of
trafficking. The information provided through the completion of a
Request for Assistance for Child Victims of HumanTrafficking form
will enable HHS to meet the statutory requirement to make prompt
determinations regarding the eligbility of alien children for
interim assistance, and to assess and address potential child
protection issues. The completion and subsmission of the form will
also facilitate the required consultation process and inform HHS'
determination regarding the child's eligibility for long-term
assistance. According to 5 CFR Part 1320.13, the U.S. Department of
Health and Human Services may request OMB to authorize emergency
processing of submissions of collections of information in writing.
If the agency cannot reasonably comply with the normal clearance
procedures because an unanticipated event has occured or public
harm is reasonably likely to result if normal clearance procedures
are followed, expedited processing may be used. In the instant
case, the unanticipated even was the introduction of the TVPRA of
2008 on December 9, 2008, House and Senate passage on December 10,
and enactment on December 23, 2008. The requirements outlined took
effect when the legislation was signed into law. Prior to enactment
of TVPRA of 2008, HHS could not provide unaccompanied alien
children the assistance we make available to victims of trafficking
without a Federal law enforcement recommendation. Congress intended
that foreign children who may have been subjected to trafficking
receive assistance 'promptly' after they are discovered, regardless
of whether DHS or DOJ has identified them as victims of
trafficking. Moreover, public harm could result if those caring for
or representing children who may have been subjected to trafficking
are not afforded a process by which to request neceessary
assistance for these children. Without providing a recommended
method of submitting information to HHS so that HHS can promptly
make a determination of a child's eligbility for benefits, fewer
children are likely to receive timely assistance. Among the
greatest needs of unaccompanied alien children is a safe and stable
home or shelter away from their traffickers. Among the benefits
provided to potential child victims is placement in a US government
funded shelter or foster care home. Without access to federally
funded emergency services, such as housing, food, and medical care,
many child victims will remain trapped in harmful and
life-threatening situations. To be able to act expeditiously and
consistently in receiving and reviewin grequests for assistance for
potential foreign child victims of trafficking in the U.S., we ask
that OMB expedite its review of the information collection. If we
are unable to obtain expedited clearance for this information
collection, HHS will not be able to collect and assess information
regarding potential child trafficking victims in a uniform manner
to ensure prompt, consistent determinations of eligibility for
assistance which will delay determinations of interim
eligibility.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
Form 1 Request for Assistance for Child Victims of Human Trafficking
Draft state letter Doc5.doc
ATIP Social Services Migrant Poster.pdf
Request for Assistance for Child Victims of Human Trafficking