COOPERATIVE AGREEMENT BETWEEN U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, ADMINISTRATION FOR CHILDREN AND FAMILIES (ACF), OFFICE OF REFUGEE RESETTLEMENT (ORR) DIVISION OF UNACCOMPANIED OPERATIONS (DUCO) AND Youth For Tomorrow SECTION I: Summag The Director of the Of?ce of Refugee Resettlement (ORR) of the Department of Health and Human Services (HHS) has responsibility for the care and placement of unaccompanied children (UC) in accordance with Section 462 of the Homeland Security Act of 2002 (HSA of 2002), 6 U.S.C. 279. An unaccompanied child is de?ned under 6 U.S.C. 279(g)(2) as a child who is: under 18 years old, who has no lawful immigration status in the United States, and no parent or legal guardian in the United States or no parent or legal guardian in the United States available to provide care and physical custody. Within ORR, the Division of Unaccompanied Children?s Operations (DUCO) has delegated authority for the care and placement of UC. The DUCO's primary objectives are to provide a safe, appropriate, and placement in the least restrictive environment for UC, taking into consideration the risk of harm to the UC or others, USO1629 the community and the risk of ?ight, while in ORR custody until they are released to a sponsor, obtain immigration legal relief, age out, or are discharged to the Department of Homeland Security (DHS). ORR provides residential care and services through contracts or through the competitive or non- competive grant process to organizations incorporated under State law which have demonstrated child welfare, social service, or related experience and are appropriately licensed to provide care and related services to dependent children. Recipients of ORR funding, that provide residential services for UC, must comply with State residential care licensing requirements; the Fl_orc_s Settlement Agreement, Case No. CV85-4544-RJK (CD. Cal. 1996) settlement agreement); pertinent federal laws and regulations, and all ORR policies and procedures. Pursuant to 6 U.S.C. ?279 the Director of the ORR, hereina?er called the Director, approves awards for residential services to UC. In accordance with this award and pursuant to the aforementioned laws, Youth For Tomorrow has funding approved to provide residential services for UC, which meets the requirements in the previous paragraph. Pursuant to the aforementioned laws, Youth For Tomorrow, hereinafter called YFT has submitted an application and has been approved for funding to provide residential services for UC. By signing this Cooperative Agreement, the Director agrees to make a grant award in accordance with approved annual continuation applications and quarterly reviews of program performance and ?nancial reports for the project period of the grant. Under the terms of this agreement, YFT will provide residential services for UC. This Cooperative Agreement and the Terms and Conditions, listed in YFT Notice of Award establish the requirements and responsibilities for implementing YFT residential services for UC. Continued funding is contingent upon satisfactory performance, availability of funds, and determination that continuation is in the best interests of the Federal Government. USO1630 SECTION II: Purp_ose and Objective The purpose of this agreement is to support the provision of residential services for UC according to the objectives and activities outlined in the application and consistent with State residential care licensing requirements. In making decisions on placement and residential services provided to UC, the Director is governed by ?462 of the HSA of 2002, 6 U.S.C. ?279; 235 of the William Wilberforce Traf?cking Victims Protection Reauthorization Act of 2008 (TVPRA of 2008), 8 U.S.C. ?1232, as amended'; relevant portions of the Prison Rape Elimination Act of 2003 (PREA of 2003), 42 U.S.C. ?15607, as amendedz; and when it is not inconsistent with subsequent law, the settlement agreement and the Perez-Olano Settlement Agreement, Case No. CV85-4544RJ (C. D. Cal. 1996) (Perez-Olano settlement agreement). In December 2014, HHS released an Interim Final Rule (1F R) on standards to prevent, detect, and respond to sexual abuse and sexual harassment involving UC. The IFR sets forth standards to prevent, detect, and respond to sexual abuse and sexual harassment in ORR care provider facilities that house unaccompanied children (UCs) in accordance with section 1 101(c) of the Violence Against Women Reauthorization Act of2013, Pub. L. 1 13-4 (VAWA 2013). VAWA 2013 directed the Secretary of the Department of Health and Human Services (HHS) to adopt national standards for the detection, prevention, reduction, and punishment of rape and sexual assault in facilities that maintain custody of UCs. The standards apply to all ORR care provider facilities housing UCs except secure care provider facilities and individual foster care homes. The standards build upon and enhance existing State and local laws, regulations, and licensing standards. SECTION 111: Authorig As provided by the terms of the Federal Grant and Cooperative Agreement Act of 1977 (FGCAA), 31 U.S.C. ?6301, as amended, the grant awarded establishes a Cooperative Section 235 of the TVPRA of 2008 was amended in part by section 1262 of the Violence Against Women Reauthorization Act of 2013. 2 Section 8 of PREA of 2003, was amended in part by section 1101(c) of the Violence Against Women Reauthorization Act of 20 3. USO1631 Agreement between the Office of Refugee Resettlement (ORR) and YFT. Pursuant to the GCAA, this cooperative agreement (hereinafter ?agreement?) provides for substantial involvement and collaboration of ORR in activities related to cooperative agreements for residential services. Furthermore, ORR is authorized to enter into this agreement under 6 U.S.C. ?279 and 8 U.S.C. ?1232(i) of the TVPRA of 2008. SECTION IV: Description of Activities A. Residential and Other Services 1. YFT must provide residential shelter and services for UC in compliance with respective State residential care licensing requirements, the Em settlement agreement, pertinent federal laws and regulations, and the ORR policies and procedures, unless otherwise expressly waived (in writing) by authorized ORR staff. 2. Under the temis of the Flores settlement agreement, care providers must provide the following services for each UC in their care: . Proper physical care and maintenance. including suitable living accommodations, food, appropriate clothing and personal grooming items. 0 Appropriate routine medical and dental care, family planning services, and emergency health care services. including a complete medical examination (including screenings for infectious disease) within 48 hours of admission, excluding weekends and holidays, unless the UC was recently examined at another ORR care provider facility; appropriate immunizations in accordance with recommendations of the US. Department of Health and Human Services/ US. Public Health Service (PHS). Centers for Disease Control and Prevention (CDC) Advisory Committee on Immunization Practices: administration of prescribed medication and special diets; appropriate mental health interventions when necessary. USO1632 An individualized needs assessment. which includes the various initial intake forms, collection of essential data relating to the identi?cation and history of the child and his or her family, identi?cation of the UC's special needs including any speci?c problems which appear to require immediate intervention, an educational assessment and plan, an assessment of family relationships and interaction with adults, peers and authority ?gures; 21 statement of religious preference and practice; an assessment of the unaccompanied child?s personal goals. and weaknesses; identifying information regarding immediate family members. other relatives, godparents or friends who may be residing in the United States and may be able to assist in connecting the child with family members. Educational services appropriate to the unaccompanied child?s level of development and communication skills in a structured classroom setting Monday through Friday, which concentrates primarily on the development of basic academic competencies and secondarily on English Language Training. The educational program must include instruction and educational and other reading materials in such languages as needed. Basic academic areas should include Science, Social Studies, Math, Reading, Writing and Physical Education. The program must provide unaccompanied children with appropriate reading materials in languages other than English and spoken by the UC in care for use during leisure time. Activities according to a recreation and leisure time plan that include daily outdoor activity, weather permitting, with at least one hour per day oflarge muscle activity and one hour per day of structured leisure time activities (that should not include time spent watching television). Activities should be increased to a total of three hours on days when school is not in session. At least one individual counseling session per week conducted by trained social work staff with the speci?c objective of reviewing the child's progress. establishing new short term objectives, and addressing both the developmental and crisis-related needs of each child. Group counseling sessions at least twice a week. USO1633 Acculturation and adaptation services which include infonnation regarding the development ofsocial and inter-personal skills which contribute to those abilities necessary to live independently and responsibly. . A comprehensive orientation regarding program intent. services, rules (written and verbal). expectations and the availability of legal assistance. 0 Whenever possible. access to religious services ofthe child's choice, and in an environment that ensures children feel free to ask for such access. . Visitation and contact with family members (regardless of their immigration status), which is structured to encourage such visitation. A reasonable right to privacy, which includes (1) the right to wear his or her own clothes when available, (2) retain a private space in the residential facility, group or foster home for the storage of personal belongings, (3) talk privately on the phone and visit privately with guests. as pemiitted by ORR policy and applicable regulations, (4) receive and send uncensored mail unless there is a reasonable belief that the mail contains contraband. . Services designed to identify relatives in the United States as well as in foreign countries and assistance in obtaining legal guardianship when necessary for the release of the unaccompanied child. . Legal services information, including the availability of free legal assistance, the right to be represented by counsel at no expense to the govemment, the right to a removal hearing before an immigration judge, the right to apply for asylum or to request voluntary departure in lieu of deportation. B. Organizational Capacity and Structure 1. YFT must have the infrastructure and organizational capacity (governance structure, procedures, standards, and accountability controls) to meet all ORR program requirements and to properly manage all program resources (finances, personnel, physical plant structures, technology) and other provisions within the scope of this agreement. USO1634 2. Unless waived by should be accredited by a nationally recognized accreditation organization. at discretion.3 3. must have an effective program management structure that designates clear lines of authority and responsibility and promotes the effective use of organizational resources and positive outcomes, including the safe and timely release of unaccompanied children. 4. YFT must have internal policies and procedures in place for monitoring and evaluating their program and conducting ongoing quality assurance activities to identify areas in need of improvement and/or modi?cation. 5. YFT must provide services in a culturally sensitive and knowledgeable manner. The majority of staff responsible for direct service delivery must be bilingual in English and Spanish. Staff who routinely work with unaccompanied children who speak other languages must be pro?cient in that language. Care providers must have access to interpreters for other languages that unaccompanied children in their care may speak. 6. YFT must maintain internal policies and procedures in electronic and hard copy form and readily accessible for all care provider and ORR staff. lntemal policies and procedures are subject to ORR approval and must comply with all applicable federal law, regulations, and policies and procedures. The care provider?s internal policies and procedures must address the following: 0 Provision of services that is speci?c to the type/level of care; 0 State mandated placement criteria, including licensing-related restrictions; 0 Population of children and youth served and facility capacity; 3 As applicable: The Council on Accreditation (COA), the Joint Commission (TJC), the Commission on Accreditation of Rehabilitation Facilities (CARF) or the American Correctional Association (ACA). USO1635 Personnel policies and procedures?, including training requirements; Emergency and evacuation policies and procedures; Physical plant requirements and maintenance policies and procedures (inspections for safety and maintenance, review of heating and cooling systems, plumbing, etc.); Health policies and procedures for unaccompanied children; Procedures for meeting mandated reporting requirements (reporting suspected neglect, maltreatment and/or abuse and sexual abuse and/or sexual harassment); Zero tolerance policy for sexual abuse and harassment; Grievance policies and procedures for both unaccompanied children and staff; Financial management policies and procedures (including internal controls for errors, mismanagement or ?'aud and provisions for regular audits performed by an outside, independent auditor)5; Internal monitoring, evaluation, and continued quality assurance policies and procedures; Relationships with key external stakeholders; and, ?Drug Free Workplace? policies. must maintain or attempt to enter into memoranda of understanding (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 Including equal employment policies, prohibitions against nepotism and favoritism, policies on bene?ts, insurance protections, promotions and professional development, reporting requirements, sanctions and discipline of staff, working conditions, wage, time-off and lay off policies, activities and behaviors that require immediate suspension and possible termination. 5 All modi?cations to award budgets require prior approval from both the Administration for Children and Families Office of Grants Management and an ORR PO. USO1636 victims of sexual abuse and sexual harassment that occurred at the care provider facility. If local service providers are not available. YFT must maintain or attempt to enter into MOUs or other agreements with national service provider organizations. All agreements must have provisions that require the community or immigrant service provider to report any allegations ofmistreatment or abuse to ORR. Care provider facilities must maintain copies of its agreements or documentation showing attempts to enter into such agreements and provide copies to ORR upon request. C. Management of Personnel and Volunteers 1. YFT must develop, implement, and document a staf?ng plan based on the populations served, the scope and type of provided services, anticipated requirements, current and projected staff vacancies, and project budgets. The staf?ng plan must: a. Include staffing ratios in accordance with State licensing requirements, and as required by policies and guidelines; b. Include a UC to Case Manager ratio of 8: unless waived by and, c. Include a UC to Clinician ratio of 12: unless waived by ORR. 2. YFT must complete background investigations on all staff, contractors, and volunteers prior to hire to ensure the candidate is suitable for employment to work with minors in a residential setting. Background checks must be completed in accordance with minimum standards and State licensing requirements. The results must be included in the employee?s personnel file. If State licensing requirements do not require a national criminal history fingerprint check. YFT must complete the check using a public or private vendor. If there is an additional cost associated with this ?ngerprint check, the cost may be included in YFT budget plan. 3. Requirements for all hired staff. All staff must: 0 Be at least 21 years of age; USO1637 0 Exhibit integrity and good moral character to provide appropriate care to Possess the relevant experience and/or quali?cations to work with UC and UC with special needs; and, 0 Be properly trained and licensed, as necessary. 4. YFT may not hire, continue employment, or enlist the services of any contractor or volunteer who: 0 Has engaged in any form of child abuse or neglect, including domestic violence; 0 Has been convicted of engaging or attempting to engage in sexual abuse facilitated by force, overt or implied threats of force, coercion or if the victim did not consent or was unable to consent or refused; and/or, Is undergoing civil or administrative adjudication or has been civilly or administratively adjudicated for engaging in an activity listed above. 5. YFT must consider incidents of sexual harassment in determining whether to hire anyone or to enlist the services of any contractor or volunteer. YFT must ask all applicants about previous misconduct in written applications or interviews for hiring. Applicants or employees must disclose any misconduct, whether the conduct occurs on or off duty. YFT personnel policies and procedures must provide that material omissions regarding such misconduct or providing materially false information will be grounds for termination. 6. YFT must have job descriptions and selection criteria for all staff positions that state the qualifications, performance standards, and responsibilities for each position. (Each job description must include a section on Essential Functions as mandated by the Americans with Disabilities Act). 7. YFT must obtain prior approval for the positions noted in the table below. The table also includes job descriptions and minimum qualifications for positions that require ORR approval as well as those that do not. Exceptions to the minimum quali?cations require 10 USO1638 explicit written approval prior to hire and ORR may require supervision plans and additional training. Positions Requiring ORR Prior Approval Position Job Description Minimum Quali?cations Program Director Overall management of the programmatic, administrative, ?nancial, and operational systems related to the provision of care and services; provision of regular and timely reports to ORR regarding operations, services, and ?nances; establishing a respective and supportive workplace environment; elevating any issues or concerns to ORR. Master?s degree in social work or an equivalent degree in education, sociology, or other relevant behavioral science degree or bachelor?s degree plus 5 years? experience in child welfare administration, child protective services; and, 2 years of experience in program management or as director of a licensed child care program. Possess the administrator?s license for the care provider?s facility. Assistant Program Director Serves as secondary liaison with ORR. The need for an Assistant Program Director will vary depending on the number of unaccompanied children served at a care provider facility. Bachelor?s degree in education, sociology or other relevant behavioral science plus 5 years of progressive employment experience with a social services or childcare agency or organization. Clinician Conducts mental health assessments; provides ongoing individual and group counseling services, screens for human traf?cking concerns, and provides crisis intervention services. Master?s degree in social work with clinical experience in the program, or Master?s degree in sociology, or other relevant behavioral science in which direct clinical experience is a program requirement, or a bachelor?s degree plus 5 years clinical employment experience. Must be licensed or eligible for licensure. ll USO1639 Lead Clinician Coordinating clinical services, training new clinicians, and supervising the clinical staff. Master?s degree in social work, 2 years of postgraduate direct service delivery experience or a Master?s degree or in sociology, or other relevant behavioral science in which clinical experience is a program requirement, plus 2 years of postgraduate direct service delivery experience/or bachelor?s degree plus 5 years clinical employment experience in the behavioral sciences. Must have supervisory experience and be licensed to provide clinical services in the State where the care provider is located. Lead Case Manager Responsible for coordinating case management and safe and timely release services, training new case managers, and supervising the work of other case manager. Master?s degree in the behavioral sciences, human services or social services ?elds or bachelor?s degree and at least 3 years progressive employment experience that demonstrates supervisory and case management experience. Prevention of Sexual Abuse (PSA) Compliance Manager Oversees implementation and ongoing compliance with the Interim Final Rule on UC Sexual Abuse and Sexual Harassment standards at care provider facilities. Bachelor?s degree in behavioral sciences, human services, or social service ?elds and at least 1 year experience working with child welfare standards, best practices, and compliance issues. Positions NOT Requiring ORR Prior Approval Position Job Description Minimum Quali?cations 12 USO1640 Case Manager6 Assesses the needs of unaccompanied children in care, develops Individual Service Plans, screens for human traf?cking concerns, facilitates the safe and timely release or discharge of children and youth, documents the provision of services in case ?les. Bachelor?s degree in the behavioral sciences, human services or social services ?elds. Child welfare and/or case management experience is strongly encouraged. Medical Coordinator Arrange or partners with other health professionals regarding health and safety standards for out-of-home child care, child care licensing requirements, disease reporting requirements for care providers, immunizations for children, injury prevention for children, medication management and knowledge of community health and mental health resources for children. If the size of the program does not justify hiring a full time Medical Coordinator, the responsibilities may be combined with another position. High school diploma or equivalent degree and a minimum of 1 year employment experience in the child welfare ?eld working with children and/or adolescents in a social service setting. Teacher Provides educational services and assessments, including curriculum building meeting Flores standards for education requirements. Bachelor?s degree; certi?cation by the relevant governing authority, Teaching English as a Second Language/Teaching English to Speakers of Other Languages certi?cation or other appropriate accrediting body and additional training to meet the special needs of unaccompanied children. Trainer Conduct trainings, select or develop training materials; maintain records on training program attendance, trainings offered, and evaluation measures. This position does not have to be full time and the responsibilities may be combined with another position. Bachelor?s degree. 6 This position may require ORR approval if the Case Manager is conducting clinical assessments. l3 USO1641 Provide direct supervision of children High school diploma or equivalent in care, and maintain line-of-sight at all degree and a minimum of 1 year times employment experience in the child welfare ?eld working with children and/or adolescents in a social service setting. Youth Care Worker 8. YFT must maintain a personnel ?le for each employee, whether part-time or full-time, that documents the employee?s credentials. competencies, and performance, and provide access to ORR upon request. The employee personnel ?le must be up-to-date and must include the criteria for the employee?s selection, hiring, suspension, or termination. a. Personnel ?les must include at the minimum: 0 Resume; 0 Job Description 0 Employment application; 0 Professional references; 0 Educational records/diploma; 0 Professional licensure (if applicable); 0 Form Employment Eligibility Veri?cation, and appropriate identi?cation documentation; 0 Results of medical examination (as required by State licensing, including results of TB tests and immunization records); 0 Child Abuse Mandated Reporter agreement (signed); 0 Con?dentiality policy acknowledgement; 0 Most recent performance review (signed); 14 USO1642 0 Child abuse and neglect record check results (for all jurisdictions lived in for the past 5 years); 0 National criminal background check and State repository check results (for all jurisdictions lived in for the past 5 years); 0 Driver?s Record and Clearance (if transporting children and youth); and, 0 Record of completion of mandated trainings and required acknowledgements. b. YFT must have policies and procedures for using and managing volunteers and interns (this includes those working in foster care).7 This includes: 0 Establishing requirements for their selection; 0 Ensuring that each volunteer and intern complete pre-service and annual training, if applicable; 0 Using paid staff to supervise all volunteers and interns; Requiring authorization for any volunteers or interns to accompany unaccompanied children and care provider staff outside the facility for trips, medical appointments, or other visits; 0 Requiring all volunteers and interns to complete a volunteer application, provide disclosures, and references; and, 0 Conducting background checks on all volunteers and interns. D. Code of Conduct and Con?ict of Interest Reguirements 1. Code of Conduct 7 Family and friends of the foster family may interact with unaccompanied children as they would in a normal community setting without having to complete the volunteer requirements listed above. USO1643 a. must create and implement a Code of Conduct that re?ects the ethical standards of a reputable professional organization, such as the National Association of Social Workers, Child Welfare League of America, or the American Public Health Human Services Association. The Code of Conduct must speci?cally address the employee?s obligations with respect to interactions and interventions with unaccompanied children, staff, and extemal stakeholders. YFT must train all employees on the Code of Conduct and have a ?whistleblower policy? that provides staff an opportunity to report suspicious unethical. inappropriate or illegal activities without negative consequence. YFT must include proof in the employee?s ?le that the employee has received training in the Code of Conduct. YFT must have policies and procedures for the discipline or termination of personnel who violate the Code of Conduct. The Code of Conduct is required to indicate that staff must: 0 Respect the boundaries inherent in the relationship between unaccompanied children and care provider staff both while in ORR care and after release (for example staff should not take an unaccompanied child to his or her home (with the exception of community-based foster care parents) or the home of the employee?s personal acquaintances); Enforce zero tolerance and other policies to prevent, detect and respond to sexual abuse and harassment by not engaging in any kind of sexual activity or personal relationship with unaccompanied children, or former unaccompanied children; or parents, guardians, or sponsors of unaccompanied children; 0 Not provide legal advice to 0 Only provide therapeutic counseling if properly licensed and authorized; 0 Maintain professional standards and manner when dealing with children and youth, visitors or fellow employees by dressing appropriately and refraining from 16 USO1644 giving money or gifts, using inappropriate language, proselytizing religion or making unauthorized disclosures of con?dential information, or campaigning on behalf of a political party, politician or interest group; 0 Not discriminate against any person on the basis of race, color, religion, national origin, or sex; lesbian, gay, bisexual, transgender, questioning or intersex status; veteran status, age, or disability; 0 Employ strength-based behavior management approaches and never hit, harass, humiliate or degrade an unaccompanied child or other staff member; 0 Cooperate with official investigations (Child Protective Services, State licensing, etc.) as well as other legally sanctioned investigations, such as those conducted by law enforcement; 0 Report any criminal or inappropriate conduct of other staff and never participate in the activities of a criminal gang; and, 0 Protect fellow care provider staff and unaccompanied children from retaliation if they disclose or threaten to disclose the existence of an illegal or unsafe practice. 2. YFT staff are required to timely report to care provider management any misconduct (on or off duty). Failure to report misconduct or reporting false information will be grounds for termination. a. Misconduct may include but is not limited to: 0 Any criminal arrests and/or convictions; 0 Any child abuse and/or neglect allegations, adjudications, or convictions (whether criminal, civil or administrative); and, 0 Any engagement or attempt to engage in sexual activities facilitated by force, overt or implied threats of force or coercion; or if the victim did not consent or was unable to consent or refuse. 17 USO1645 b. Timely reporting is de?ned as no later than 24 hours from when a subject has knowledge of an arrest, conviction, or allegation, or earlier if the subject has unsupervised access to unaccompanied children. Other unethical conduct may also be the basis for disciplinary action and/or termination. Program Directors or other care provider management officials must report any disciplinary action and/or termination of any employee to ORR. 3. Con?ict of Interest 3. YFT staff are prohibited from taking unfair advantage of any professional or personal relationship or from exploiting their position to further their personal, religious, political, ?nancial, or business interests. YFT must establish and maintain a written Con?ict of Interest policy applicable to all staff, board members, contractors, sub-contractors, sub-grantees, volunteers, and other internal stakeholders. The policy must: 0 Identify and de?ne conduct that creates a con?ict of interest or a potential con?ict of interest; 0 Prohibit employees from having any direct or indirect ?nancial interests in the transactions of services of the program; 0 Require staff to recuse themselves from the decision-making process if there is a con?ict of interest or a potential con?ict of interest; 0 Require staff to disclose any con?icts of interest prior to their involvement in a decision related to or affected by the con?ict; and, 0 State that failure to disclose con?icts of interest or potential con?icts of interest may result in discipline or termination of employment. E. Training 18 USO1646 1. YFT must ensure all prospective employees meet all required educational and professional experience quali?cation and demonstate that ability to provide culturally competent services and all employees, contractors, and volunteers complete pre-service training prior to having direct contact with UC and complete the required annual training. 2. Newly hired employees must complete pre-service training prior to having direct contact with unaccompanied children. must provide pre-training on the following: Standards to Prevent, Detect, and Respond to Sexual Abuse and Sexual Harassment involving Unaccompanied Children; 0 All State and local licensing requirements; and, 0 State license required trainings (for example, CPR, ?rst aid, mandatory reporting). 3. Staff who are required to have professional certi?cations must abide by continuing education requirements necessary to maintain licensure. In addition, all care provider staff must complete 40 hours of training annually of which 2 hours must involve training on the settlement agreement, the HSA of 2002, the TVPRA of 2008, the O_larg settlement agreement, and 10 hours on ORR policies and procedures. Foster care providers and foster families are subject to all ORR training and documentation requirements. In addition, the foster care providers must ensure that foster parents meet the competencies required at the time of licensing and focus the foster parent pre-service and ongoing training on developing these competencies. 4. YFT must develop annual staff trainings based on the following areas8: 0 State licensing requirements, laws, regulations, and policies relevant to the ORR UC Program; 0 ORR operational policies and relevant guidance9; '3 Care providers have two years to complete. They are not required to cover all topic areas within the same year. 9 Care rovidcrs must have licies and rocedures for the rom tdissemination, trainin and im lementation of . P0 8 new or updated ORR policies and procedures. 19 USO1647 The Safe and Timely Release process; Cultural competency, including awareness of and sensitivity to different cultural backgrounds; Prohibition against providing legal advice or counsel; Strength-based behavior management approaches, such as using con?ict resolution, problem solving skills, using rewards and consequences and de-escalation techniques and helping children and youth learn accountability and self-control; Prohibition against con?icts of interest; Crisis/intervention procedures and techniques; Immigration and child welfare systems (local, national, international); Child development theory; Issues related to loss and family separation; Common health and mental health issues; First aid and cardiopulmonary resuscitation Medication management; Infection control procedures and Occupational Safety and Health Administration (OSHA) or equivalent course that covers blood borne pathogens, airborne pathogens, and employee safety; Working with victims of human traf?cking and other crimes; Mandatory child abuse and neglect reporting requirements: prevention, signs, and reporting; Professional boundaries; 20 USO1648 0 Emergency and disaster preparedness; 0 Code of Conduct and Con?icts of Interest; 0 Grievance policies and procedures; and, Incident reporting. YFT must provide training to all new contractors and volunteers, where the level and type of training provided is based on the services they provide and the level of contact they have with unaccompanied children. Contractors hired for a term that is expected to last one year or more must undergo the standard 40 hours of training required for all care provider employees. All contractors and volunteers must undergo pre-service training prior to having direct contact with UC. YFT must document all trainings completed by staff and place a copy in the staff? 5 personnel ?le, including: 0 The date, number of hours, and subject-matter of the employee?s orientation training; 0 The date and number of hours of in-service training completed by the employee in each topic area listed above; 0 A con?rmation that the employee understood each training that he/shc completed; and, 0 The name of the individual and/or entity providing the training. Grant Administration YFT must submit a detailed project plan of the approach, activities, staf?ng, and timelines which is approved by ORR and is in compliance with respective State residential care licensing requirements, the Flores settlement agreement, applicable USO1649 federal laws and regulations, and the ORR policies and procedures. Any modi?cations must be discussed with the ORR Project Of?cer prior to implementation. . must submit a program budget for ORR and Of?ce of Grants Management (OGM) approval that accurately reflects proposed activities as described in the project plan. . YFT must notify the ORR Project Of?cer of any signi?cant delays or issues regarding implementation of grant activities. . YFT must regularly consult with the ORR Project Of?cer and other ORR staff while implementing grant activities during each phase of the project. Consultation shall include, but is not limited to, participation in status meetings by telephone to review project implementation or as required by ORR. . must provide ORR with unrestricted access to clear, timely, and accurate information about all aspects of the program. This access includes, but is not limited to: activities, policies, and ?nancial information; documentation on individual UC and provided services; and unrestricted physical access to premises, buildings, staff and UC in the programs physical custody; and any physical property on the premises, such as video monitoring equipment and footage. must ensure that all Sub-Recipients comply with respective state residential care licensing requirements, the Flores settlement agreement, pertinent federal laws and regulations, and the ORR policies and procedures, unless otherwise expressly waived (in writing) by authorized ORR staff. . YFT must submit the following documents to the ORR Project Officer: a. All applicable State and local licensures, incorporations, and/or authorizations for YFT and any Sub-Recipient at the beginning of each Federal ?scal year. USO1650 b. A description of responsibilities and activities of all organizations, individuals, or Sub- Recipients providing services to UC within 30 days of award date. All Sub- Recipients are subject to approval by the ORR Project Of?cer and must include the following considerations: 0 Memoranda of Understanding (MOU) or similar instrument, with organizations or individuals selected for receipt of sub-awarded funds; 0 A detailed description of the Sub-Reeipients? activities, if not adequately described in the MOUs (or similar instrument) or project plan (may include a monitoring tool jointly developed by Project Of?cer and 0 Complete budget for each Sub-Recipient; 0 Schedule for monitoring Sub-Awardees with respect to location, dates, and agenda will be reported in YFT quarterly reports to 0 Reports following monitoring visits of sub-awardees and immediately noti?es the ORR Project Of?cer of any serious concerns and will submit the ?nal report within 30 days following the monitoring visit; and, Prompt noti?cation to ORR Project Of?cer of any changes regarding Sub- Recipient. 0. Report of all State defined residential care placement restrictions to be submitted within 7 days of date of ORR award. d. Notify the ORR Project Of?cer immediately but no later than 24 hours a?er the care provider, service provider/contractor or Sub- Recipient receives a revocation or suspension of a license, incorporation or authoritation to provide services. e. Notify the ORR Project Of?cer immediately but no later than 24 hours a?er the care provider, service provider/contractor or Sub-Recipient receives any citiation from a State or local licensing agency or other accrediting agency and any citation for health, safety or enviomemental code violations violaitons. 23 USO1651 f. List of all State mandated staff trainings, including required timeline for completion dates within 30 days of date of OR award. g. All materials forms and other tools) used or created for residential services for UC. Materials are subject to approval by ORR Project Officer and must be submitted to the Project Officer 30 days prior to being implemented. h. Quarterly performance and ?nancial reports are to be uploaded into GrantSolutions unless otherwise directed by OGM or ORR. . also agrees: a. To comply with HHS policy and regulations, unless otherwise expressly waived in the approved application and all other applicable Federal statutes and regulations in effect during the time that it is receiving grant funding. b. To amend the approved project plan as needed to comply with standards, goals, and priorities established by the Director; e. To submit quarterly performance and financial reports in a timely fashion based on the schedule that is described in Section of this agreement. (1. To abide by provisions of the Service Contract Act, Code of Federal Regulations (CF R) Title 29 and abide by applicable State wage determination guidelines in its program. . Adherence to ACF Policy on Grants to Faith-Based Organizations Consistent with the ACF Policy on Grants to aith-Based, ACF is mindful that potential grantees may have religious objections to providing certain kinds of services. ACF is committed to providing the full range of legally permissible services to people who need themtimely fashion and in a manner that respects the diverse religious and cultural backgrounds of those we serve. At the same time, ACF is also committed to 24 USO1652 exploring ways for organizations to partner with AC and other grantees even if they object to providing speci?c services on religious grounds. The following are ways in which organizations with such objections may be able to participate in human services programs: Serve as subgrantees: In many cases, subgrantees do not need to provide every service for which the grantee is responsible, so long as all clients served have access to all services required under the grant in a timely and respectful manner. Grantees must ensure that their overall program provides all of the required services, but grantees can use subgrantees to provide some services. Under this arrangement, as long as other subgrantees are readily available to provide clients with the objected-to services, a subgrantee may participate in the grant program while declining to provide services to which they have religious objection. Apply in a consortium: A second possibility is for faith-based organizations to apply in a consortium with one or more partners. The consortium would allow for a division of responsibility consistent with each organization's principles. Again, as long as clients have timely access to all required services, different organizations could divide up the services provided. Noti? ggantor: A third possibility in some circumstances would be for the grantee to notify the federal program office responsible for the grant if a client?s needs or circumstances may require services, including referrals, to which the organization has a religious objection. It would then be the federal agency's responsibility to follow through with the needed services, or, if appropriate, transfer the case to another provider. ACF will consider any combination of these approaches and is open to considering other approaches that would accomplish the goal of ensuring that people have access to a full range of services while enabling qualified faith-based organizations to participate in the delivery of those services in a manner consistent with their principles. H. Responsibilities of ORR ORR hereby agrees to the following: USO1653 . To con?rm project plan (which includes approach, activities, timelines, and results expected) and budget, and discuss minor modi?cations; . To submit and/or review FFR SF-425 to be sure it accurately re?ects proposed activities; . To participate in status meetings by telephone to review project implementation or as required by the ORR Project Of?cer or other ORR staff); . To keep YFT informed of policy, regulatory and legal developments as they affect the implementation of the project; . To review and approve YFT Sub-awards of organizations providing residential services; . To review and approve additions or hiring of key personnel, including those of Sub- Awardee of organizations providing residential services, in a timely manner; . To review all internal policies, procedures, and protocols used or created for the residential services for DUCO in a timely fashion; . To provide training and technical assistance, as needed, regarding project implementation, and residential service delivery; and, . To review written requests for prior approval of deviations from the project plan or approved budget. Any changes that affect the terms and conditions of the grant award or revisions/amendments to the Cooperative Agreement or to the approved scope of activities will require prior approval by the ORR Project Of?cer and the Grants Management Specialist in the Of?ce of Grants Management (OGM). SECTION V: Budget and Financial Arrangement The approved budget is re?ected in the Notice of Award The award will be based on the ORR and the OGM approved negotiated budget and project plan. The Government shall not be obligated to reimburse the recipient for costs incurred in excess of the total amount allotted to this project, and the recipient shall not be obligated to continue performance under the Agreement (including actions under the termination clause) or otherwise 26 USO1654 to incur costs in excess of the amount allotted to this Agreement unless and until ORR and the COM have noti?ed the recipient in writing that additional funds have been awarded. No notice, communication, or representation from any person other than the Grants Management Specialist shall authorize the expenditure of additional funds. The United States Government will not be obligated for any excess costs in the absence of a written notice of authorization from the Grants Management Of?cer. Changes issued pursuant to this Agreement shall not be considered an authorization to the recipient to exceed the allotted amount of this Agreement unless speci?cally stated by the Grants Management Of?cer. SECTION VI: Monitoring ORR will conduct announced and unannounced monitoring activities throughout the project period. The purpose of ORR monitoring is to ensure compliance with the settlement agreement, pertinent federal laws and regulations, and ORR policies and procedures. Performance and compliance measures are re?ected in: 0 The grant application, as funded; 0 Program requirements contained in the authorizing statutes; 0 Program regulations and guidelines incorporated in the grant award; 0 Program grant and administrative requirements contained in regulations and policy; 0 Relevant public policy requirements (assurances, certi?cations); This agreememt; 0 The ORR Policy Guide and relevant procedures; and, 0 Special programmatic terms and conditions, if any. ORR monitoring activities will include desk and on-site (announced and unannounced) monitoring and site visits. ORR will monitor or conduct site visits on programs based on some of the following factors: 0 Costs and Total Support high cost projects 27 USO1655 Complexity projects with multiple service components; Age and Experience of Program newly established program, one receiving Federal funds for the ?rst time, one with inexperienced key personnel, or one whose legislation has recently undergone substantial change, may require closer scrutiny than a long established program; Prior Indication of Compliance issues available audit or evaluation ?ndings, recipient requests for assistance, or data on ?nancial stability of an organization; Length of Grant multi-year award, particularly one up for continuation awards that have never been visited may take precedent over new ones; Time Since Last Visit if program has not been recently or previously visited; Geographic Location proximity to other recipients, accessibility to program of?ce; Agency Priority high priority visibility projects within the agency, high interest to Congress, the executive branch, or the public; and, Potential for Dissemination programs projects that show potential for developing exemplary practices suitable for dissemination. ORR will provide YFT with a monitoring report following formal monitoring visits or if required site visits, that will include citations for noncompliance, recommendations, a corrective action plan if needed, timelines for reporting, and consequences for not responding. The monitoring report is not exhaustive ofall that is reviewed during the monitoring visit. Rather, the report highlights the key issues in need of attention, as determined by the monitor and based on the review of all ORR policies and procedures. After review of the monitoring report, a formal corrective action plan should be submitted to the designated Project Of?cer within 30 business days. The corrective action plan will identify objectives, speci?c actions, persons responsible and date of completion for each monitoring citation. SECTION VII: Continuation Applications 28 USO1656 YFT must submit an ORR provided continuation application by June 1, or a later date determined by ORR. For continuation applications, YFT will provide the following information: 1. Standard Forms: SF 424 Application for Federal Assistance, SF 424A Budget lnfonnation for Non-Construction Programs, and SF 4248 Assurances for Non- Construction Programs; Certi?cation Regarding Lobbying Budget worksheets and narrative; Program Description and Work plan; Current State Residential Care License; Proof of Insurance; Facility lease or bank mortgage note on property (as applicable); Indirect Cost Rate approval, if any; Current Program Organizational Chart; . Staffing and Volunteer Roster; 1. Copy of all Child Protective Services reports, allegations and CPS investigations; 12. Property/Inventory List; 13. Project/Perfomiance Site Location(s) form YFT must use the current version of all standard applications and reporting forms. SECTION Applicable Regulations YFT must provide all residential services for UC in compliance with respective state residential care licensing, the settlement agreement, pertinent federal laws and regulations, including Standards to Prevent, Detect, and Respond to Sexual Abuse and Sexual Harassment involving Unaccompanied Children, 45 CPR. 411, and ORR policies and procedures. Other applicable federal regulations are discussed in the attached Standard Terms and Conditions. SECTION IX: Records and Reports For quarterly performance reports, YFT will use the ACF Performance Progress Report ACF- OGM SF-PPR form. Performance Reports are due quarterly based on the project period start date. 29 USO1657 For financial slams repons YFT will use rhe SF-425 runn, whieh inelude report or and unllquldalud obllgallons. Qunrlerly financial rcpm'ls are due every 90 days based on Ihc projccl period slan dare. rhe Annual Financial Slalus and Performancc reperl IS due 90 days aRer nflhe budget pened. The Final Financial Slnlus and Performance rcporl due 90 days aficr the end oflhc projecl pcriod. Funds awarded under this Cooperauve shall be for and reporled upon from nlher gram aehvmes YFT mus! use [he \lcrsion ufall rcponlng forms, Current versions uflhe (owns are available All and repons relaled Io this agreernenl musl inelude lhe Gram Number and should be uploaded to ar hunu- Nnnriealien of should be Vla email lo Ihc ORR PrDjeCl Officer. SECTION Xi Prn'cct Cuntacls designales Ihc following person as prejeel eenlael for lhis cooperanve Name. (Locum: 3 (jg-skins Tifle: 0% Pic-l \(mn Address: HESS Haul Dr 9m sin Telep FIX: Emal ORR lhe lelluwmg person as ORR ijccl omeer for cooperallvc ayeemcnl: Name: Tlnzeenn Shireem Address: an of Unseeompanled Children Operaliuns ll: usol 555 Of?ce of Refugee Resettlement Mary E. Switzer 330 C. St. SW Washington, DC 20201 Telephone: (202) 401-1312 Email: acf.hhs.g0\' SECTION Xl: Duration of Agreement This agreement will be effective February 1, 2017- January 3 2020. Annual continuations will be entertained on a non-competitive basis, subject to availability of funds, satisfactory performance of the project, capacity needs and a determination that continued funding is in the best interest of the Federal Government. 5/62/4105?" E. Scott Lloyd Date Director Of?ce of Refugee Resettlement Nam/Gd/ r:0 Mfr?S Dat Title: E0 Youth For Tomorrow 31 USO1659