Case 3:18-cv-00428-DMS-MDD Document 289 Filed 10/23/18 PageID.4502 Page 1 of 12 _J <( z ·(!) -0::: 0 FILED 1 JULIA ROMANO (SBN 260857) ;romano@kslaw.com 2 KING & SPALDlNG LLP 3 633 West Fifth Street Suite 1700 4 Los Angeles, CA 90071 Telephone: + 1 213 443 4355 5 Facsimile: +1 213 443 4310 OCT 2 3 2018 CLERK, U.S. DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA BY (_ DEPUTY 6 Attorneys for Objector Ms. Egla 7 Arely Velasquez Molina 8 [Additional Counsel Listed On Second Page] 9 UNITED STATES DISTRICT COURT 10 SOUTHERN DISTRICT OF CALIFORNIA 11 M.M.M., on behalf of his minor child, 12 J.M.A., et al. 13 14 Case No. 3:18-cv-1832-DMS Plaintiffs, v. 15 Jefferson Beauregard Sessions, III, 16 Attorney General of the United States, et al., 17 Defendants. 18 Ms. L, et al., 19 Plaintiffs, 20 21 v. U.S. Immigration and Customs 22 Enforcement, et al., 23 Defendants. 24 Case No. 18-cv-00428-DMS-MDD CLASS ACTION OBJECTION OF MS. EGLA ARELY VELASQUEZ MOLINA TO THE OCTOBER 5, 2018 SETTLEMENT AGREEMENT 25 26 27 28 OBJECTION OF MS. EGLA AREL Y VELASQUEZ MOLINA Case No. 18-cv-00428-DMS-MDD Case 3:18-cv-00428-DMS-MDD Document 289 Filed 10/23/18 PageID.4503 Page 2 of 12 JOSHUA C. TOLL 1 jtoll@kslaw.com 2 WINTTA M. WOLDEMARIAM wwoldemariam@kslaw.com 3 KING & SPALDING LLP 1700 Pennsylvania Ave, NW 4 Suite 200 Washington, D.C. 20006-4707 5 Telephone: + 1 202 73 7 0500 +1202626 3737 Facsimile: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 OBJECTION OF MS. EGLA AREL Y VELASQUEZ MOLINA 2 Case No. 18-cv-00428-DMS-MDD Case 3:18-cv-00428-DMS-MDD Document 289 Filed 10/23/18 PageID.4504 Page 3 of 12 1 Pursuant to the Court's October 5, 2018 Order preliminarily approving the 2 class settlement in this action (the "Settlement"), Ms. Egla Arely Velasquez 3 Molina ("Ms. Velasquez Molina"), a citizen of Honduras seeking asylum in the 4 United States and presently detained at the Port Isabel Detention Center ("PIDC"), 5 files this objection seeking clarification that she is included within the definition of 6 the plaintiff class in the Settlement. The grounds for this objection are set forth 7 below. 8 I. INTRODUCTION 9 Ms. Velasquez Molina, a thirty year old citizen of Honduras, is the sole 10 primary caregiver, legal guardian, and biological aunt ofE.C., a ten-year old girl 11 who has lived with Ms. Velasquez Molina since the murder ofE.C.'s biological 12 father, Ms. Velasquez Molina's biological nephew, and has been in the sole care of 13 Ms. Velasquez Molina since the death ofE.C. 's biological father in 2017. Copies 14 of official documents from the Honduran government appointing Ms. Velasquez 15 Molina legal guardian for E.C., together with certified translations, are collectively 16 attached to this Objection as Exhibit A. 17 Ms. Velasquez Molina and E.C. fled Honduras to escape threats of physical 18 violence and death and crossed the U.S. border in June 2018. Pursuant to the 19 Government's "zero tolerance" policy, Ms. Velasquez Molina and E.C. were 20 separated from one another shortly after they crossed the U.S. border. Ms. 21 Velasquez Molina is detained at the Port Isabel Detention Center in Texas, while 22 her de facto daughter, E.C., is currently housed at a foster-care facility in San 23 Antonio, Texas. 24 The separation from her daughter caused extreme emotional trauma for Ms. 25 Velasquez Molina, as would be the case with any parent. Ms. Velasquez Molina 26 was in this traumatized state when she was given her credible fear interview as part 27 of the asylum process, which resulted in a negative finding by the Asylum Officer. 28 OBJECTION OF MS. EGLA ARELY VELASQUEZ MOLINA I Case No. 18-cv-00428-DMS-MDD Case 3:18-cv-00428-DMS-MDD Document 289 Filed 10/23/18 PageID.4505 Page 4 of 12 1 On October 17, 2018, Ms. Velasquez Molina filed a lawsuit in the United 2 States District Court for the District of Columbia seeking, among other things, a de 3 nova credible fear interview conducted in good faith, which is one element of the 4 relief granted to similarly situated detained immigrants in the Settlement. A copy 5 of Ms. Velasquez Molina's complaint in her District of Columbia action is attached 6 as Exhibit B to this Objection. In her complaint, Ms. Velasquez Molina alleges 7 that because she was emotionally traumatized by the Government's forced family 8 separation policy at the time her initial credible fear interview was conducted, she 9 was denied her due process rights guaranteed by the Fifth and Fourteenth 10 Amendments to the U.S. Constitution. 11 There are numerous scholarly articles that describe the devastating 12 emotional harm caused by family separations. See, e.g., Gaiane Nazarian, 13 "Separation Due to Deportation: Psychological, Emotional, and Economic Affect 14 on Children of Deported Parents," Cal. State San Bernardino (2014). The 15 Settlement in this action is a tacit acknowledgement by Defendants that family 16 separations cause significant emotional damage to all concerned. The de nova 17 credible fear interview provided for in the Settlement is obviously based on the 18 understanding that a credible fear interview administered while the detainee was 19 emotionally traumatized from being separated from her child is inherently unfair 20 and a denial of due process. 21 The Settlement calls for a de nova credible fear interview for certain 22 immigrant "parents," a term that is not defined in the Settlement or in the original 23 class certification order from this Court. See Tentative Settlement Agreement, 24 Doc. 247 at 32. The class certification order and the Settlement expressly exclude 25 certain parents from the class, such as those with criminal histories or with 26 communicable diseases, but do not exclude legal guardians or any other type of 27 parent. As shown below, Ms. Velasquez Molina is properly included within the 28 OBJECTION OF MS. EGLA ARELY VELASQUEZ MOLINA 2 Case No. 18-cv-00428-DMS-MDD Case 3:18-cv-00428-DMS-MDD Document 289 Filed 10/23/18 PageID.4506 Page 5 of 12 1 plaintiff class and should be afforded the relief provided in the Settlement. 2 II. MS. VELASQUEZ MOLINA SHOULD BE IN THE SETTLEMENT 3 CLASS 4 A. 5 6 Legal Guardians Should Be Treated The Same As Biological Parents Under The Settlement As shown in the documents attached to this Objection as Exhibit A, Ms. 7 Velasquez Molina is the official legal guardian of her young niece, E.C., and has 8 been her guardian since gang members murdered her father in 2017. Counsel for 9 Ms. Velasquez Molina have engaged with counsel for the Defendants in Ms. 10 Velasquez Molina's District of Columbia action seeking their agreement that 11 official legal guardians such as Ms. Velasquez Molina should be within the scope 12 of the Settlement and, therefore, entitled to a de nova credible fear interview. To 13 date, Defendants have not agreed that Ms. Velasquez Molina is within the 14 definition of "parent" in the Settlement, and, in a related case with the same 15 Defendants, Lesbi Nohemi Martinez Martinez v. ICE, et al., Case No. 18-0223116 PLF (D.D.C.),1 have stated their position that the term "parent" does not refer to 17 legal guardians such as Ms. Velasquez Molina. However, Defendants' position is 18 not only inconsistent with the meaning and spirit of this Court's class certification 19 order, the Settlement Agreement and Defendants' arguments before this Court, it is 20 also inconsistent with federal law and Defendants' own immigration policy. 21 As an initial matter, this Court's June 26, 2018 order certified the following 22 class pursuant to Federal Rule of Civil Procedure 23(b )(2) for purposes of 23 Plaintiffs' substantive due process claim: 24 25 All adult parents who enter the United States at or between designated ports of entry who (1) have been, are, 26 27 1 Ms. Martinez has filed an objection to the proposed settlement on the same grounds as expressed herein. See Doc. 282 (October 15, 2018). 28 OBJECTION OF MS. EGLA AREL Y VELASQUEZ MOLINA 3 Case No. l 8-cv-00428-DMS-MDD Case 3:18-cv-00428-DMS-MDD Document 289 Filed 10/23/18 PageID.4507 Page 6 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 or will be detained in immigration custody by the DHS, and (2) have a minor child who is or will be separated from them by DHS and detained in ORR custody, ORR foster care, or DHS custody, absent a determination that the parent is unfit or presents a danger to the child." Doc. 82 at 17 (emphasis added). This Court provided only one modification to the definition of parent, for purposes of determining class members. Specifically, the Court held that the class "does not include migrant parents with criminal history or communicable disease, or those who are in the interior of the United States or subject to the [President's June 20, 2018 Executive Order which reversed the administrations family separation policy]." Pursuant to this Executive Order, the Secretary of Homeland Security is prohibited from "detain[ing] an alien family together when there is a concern that detention of an alien child with the child's alien parent would pose a risk to the child's welfare." Ms. Velasquez Molina's and her daughter's forced separation fell within the class definition. As of the date of the Court's June 26 class certification order, Ms. Velasquez Molina "ha[d] been ... detained in immigration custody by the DHS, ... [she had] a minor child who ... [wa]s separated from [her] by DHS and [had been] detained in ORR custody, absent a determination that [she was] ... unfit or present[ed] a danger to [her] child." See Order Granting In Part Plaintiffs' Motion for Class Certification (Doc. 82) at 17. The proposed Settlement Agreement largely tracks the certified class definition, referencing "all adult alien parents who entered the United States at ... designated ports of entry with their child(ren), and ... before the effective date of the [settlement] agreement ... were detained in immigration custody by DHS" and "ha[d] a child who was or is separated from them by DHS and, ... was housed in ORR custody .. ., absent a determination that the parent is unfit or presents a danger to the child." As with the certified class definition, the Settlement Agreement expressly excludes from the class alien parents with criminal histories 28 OBJECTION OF MS. EGLA ARELY VELASQUEZ MOLINA 4 Case No. l 8-cv-00428-DMS-MDD Case 3:18-cv-00428-DMS-MDD Document 289 Filed 10/23/18 PageID.4508 Page 7 of 12 1 or a communicable disease. See Doc. 247 at 32. Nothing in the terms of the 2 original class definition or in the proposed agreement excludes legal guardians. 3 In an earlier status conference in this case, the Government suggested that 4 non-biological parents could properly be considered to be within the class 5 definition. During the July 6th status conference, in discussing the difficulties that 6 the Government would face in establishing "parentage," and requesting "some 7 relief to allow for that process" given "the inherent delays" in establishing such 8 parentage, the Government said "[t]here are situations, for example in a 9 nonbiological parent situation, where the -- where there may need to be additional 10 review of paperwork, perhaps communications with the consulates." Doc. 93 at 12. 11 The Court noted that "the class is defined to include parents ... arguably that could 12 mean adoptive parents, nonbiological." Id. 13 Further, federal law has defined legal guardianships as "a judicially-created 14 relationship between child and caretaker which is intended to be permanent and 15 self-sustaining as evidenced by the transfer to the caretaker of the following 16 parental rights with respect to the child: protection, education, care and control of 17 the person, custody of the person, and decision-making." 45 C.F.R. 18 § 1355.20(a)(2). The law recognizes that the strong emotional and legal bonds 19 between legal guardians and their minor charges are the same as those between 20 parents and their biological children, thereby granting legal guardians equal or 21 substantially similar rights. For example, when consent is required for treatment of 22 substance abuse by a minor, consent by either a parent or guardian is acceptable 23 under federally funded programs. 42 C.F.R § 2.14(b). Similarly, under the 24 regulations implementing the Health Insurance Portability and Accountability Act, 25 parents and guardians are granted equal authority to make decisions relating to the 26 access to, and release of, protected health information ofunemancipated minors. 27 45 C.F.R. § 164.502(g)(3). 28 OBJECTION OF MS. EGLA AREL Y VELASQUEZ MOLINA 5 Case No. 18-cv-00428-DMS-MDD Case 3:18-cv-00428-DMS-MDD Document 289 Filed 10/23/18 PageID.4509 Page 8 of 12 (\ 1 Immigration statutes and policy guidance also treat parents and legal 2 guardians interchangeably, while distinguishing them from individuals with a more 3 distant connection to the minor child. For example, guidance issued by U.S. 4 Immigration and Customs Enforcement on the "Detention and Removal of Alien 5 Parents or Legal Guardians" makes no differentiation between the two (Exhibit C 6 hereto). Similarly, the Office of Refugee Resettlement ("ORR"), in its guidance 7 concerning unaccompanied minors, treats parents and legal guardians as similarly 8 situated and distinguishable from other parties (Exhibit C hereto). Not only does 9 ORR group parents and legal guardians into "Category 1" for purposes of release 10 and the type of background check required, but it also "gives preference to a parent 11 or legal guardian when determining release plans." See U.S. Dep't of Health & 12 Human Services, Office of Refugee Resettlement, Children Entering the United 13 States Unaccompanied, at§§ 2.2.1, 2.5.1 (Jan. 30, 2015) (Exhibit C hereto). 14 Moreover, federal law defines "unaccompanied alien child" to be a minor 15 child without lawful immigration status in the United States who has "no parent or 16 legal guardian ... available to provide care and physical custody." 6 U.S.C. § 17 279(g)(2). Defendants forcibly separated Ms. Velasquez Molina's minor child 18 from her, in tl).e same manner in which they separated minor children from their 19 parents in this case, and then deemed Ms. Velasquez Molina's child to be an 20 unaccompanied minor because her legal guardian was no longer available to 21 provide care and physical custody. 22 Defendants' position with respect to the treatment of legal guardians is 23 inconsistent with the underlying zero tolerance policy which resulted in these 24 forced separations. On June 15, 2018, as the extent of the administration's family 25 separation policy became evident and the national outrage grew, the Department of 26 Homeland Security issued responses to frequently asked questions regarding the 27 administration's zero tolerance policy. In that document, DHS considers legal 28 OBJECTION OF MS. EGLA AREL Y VELASQUEZ MOLINA 6 Case No. l 8-cv-00428-DMS-MDD Case 3:18-cv-00428-DMS-MDD Document 289 Filed 10/23/18 PageID.4510 Page 9 of 12 1 guardians "parents" for purposes of the zero tolerance policy. In response to the 2 question "Why are Parents Being Separated from Their Children?" HHS responded 3 that DHS "may separate a parent or legal guardian from his or her child for several 4 reasons ... [including] if a parent or legal guardian is referred for criminal 5 prosecution." Similarly in response to the question "How can I communicate with 6 my child?" HHS responded "for parents or legal guardians detained in ICE 7 custody, ICE and HHS will work to schedule regular communication with their 8 children in HHS custody ... " (See Exhibit D hereto) (emphasis added). 9 The similar treatment of parents and legal guardians is not limited to federal 10 law or policy, but is evident under state law as well. For example, attached as 11 Exhibit E to this Memorandum is a summary of the rights and obligations of legal 12 guardians published by the Judicial Branch of the California State Government. In 13 that summary, the California Judicial Branch states that legal guardians "have the 14 same legal responsibilities as a parent" in that legal guardians must provide the 15 child with basic needs such as housing, food, and medical care, and also decide 16 where the child lives and attends school. Legal guardians are also responsible for 17 losses or damages caused by their children for whom they are guardians. These 18 responsibilities forge bonds between legal guardians and their de facto children 19 that are just as strong as those between biological parents and children. The 20 California Judicial Branch succinctly advises potential legal guardians that "[y]ou 21 22 will be like the child's parent." (Ex. E, at p. 1). In sum, a fair reading of this Court's narrowly defined class would include 23 Ms. Velasquez Molina and her daughter who were forcibly separated by the 24 Government and detained in separate facilities, causing severe emotional trauma to 25 both parent and child. Such a reading is consistent with how legal guardians have 26 been viewed under federal law and consistent with Defendants' own immigration 27 policies. 28 OBJECTION OF MS. EGLA AREL Y VELASQUEZ MOLINA 7 Case No. 18-cv-00428-DMS-MDD Case 3:18-cv-00428-DMS-MDD Document 289 Filed 10/23/18 PageID.4511 Page 10 of 12 B. 1 2 None of the Other Criteria In Settlement Class Membership Should Keep Ms. Velasquez Molina Out Of The Settlement Class 3 Although the parties' proposed Settlement largely tracks this Court's June 4 26, 2018 class definition, it departs from that definition in two key respects. First, 5 the Settlement includes a requirement that the minor child who was separated from 6 his/her adult parent be housed in ORR custody, ORR foster care, or DHS custody 7 "on or after June 26, 2018," the date of this Court's class certification order. 8 Second, the proposed Settlement requires that the child and his or her parent "have 9 been continuously present within the United States since June 26, 2018[.]" Doc. 10 247 at 32. E.C. is currently housed at an ORR custody in San Antonio, Texas. 11 Moreover, Ms. Velasquez Molina and E.C. have been continuously in the United 12 States since they were apprehended at the border in early June. Thus, Ms. 13 Velasquez Molina and her daughter fall squarely within the parameters of the class. 14 III. CONCLUSION 15 WHEREFORE, Ms. Velasquez Molina respectfully requests that this Court 16 confirm that she is within the plaintiff class for purposes of the Settlement. 17 Respectfully submitted, 18 Isl Julia Romano JULIA ROMANO 19 20 21 22 23 24 25 26 27 28 OBJECTION OF MS. EGLA ARELY VELASQUEZ MOLINA 8 Case No. 18-cv-00428-DMS-MDD Case 3:18-cv-00428-DMS-MDD Document 289 Filed 10/23/18 PageID.4512 Page 11 of 12 JOSHUA C. TOLL jtoll@kslaw.com WINTTA M. WOLDEMARIAM wwoldemariam@kslaw.com 1 2 3 4 KING & SPALDING LLP 1700 Pennsylvania Ave, NW Suite 200 Washington, D.C. 20006-4707 Telephone: +1 202 73 7 0500 Facsimile: + 1 202 626 3737 5 6 7 8 Attorneys for Objector Ms. Egla Arely Velasquez Molina 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 OBJECTION OF MS. EGLA ARELY VELASQUEZ MOLINA 9 Case No. 18-cv-00428-DMS-MDD Case 3:18-cv-00428-DMS-MDD Document 289 Filed 10/23/18 PageID.4513 Page 12 of 12 1 2 3 CERTIFICATE OF SERVICE I hereby certify that I have this day served the foregoing on all counsel of record by firstclass mail. 4 5 Isl Julia Romano 6 Julia Romano 7 8 Dated: October 22, 2018 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 OBJECTION OF MS. EGLA ARELY VELASQUEZ MOLINA 10 Case No. 18-cv-00428-DMS-MDD Case 3:18-cv-00428-DMS-MDD Document 289-1 Filed 10/23/18 PageID.4514 Page 1 of 1 (' 1 TABLE OF CONTENTS 2 Exhibit A ..................................................................................... .12 3 Exhibit B ...................................................................................... 31 4 5 Exhibit C ..................................................................................... 52 6 Exhibit D ..................................................................................... 81 7 Exhibit E ...................................................................................... 85 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 OBJECTION OF MS. EGLA AREL Y VELASQUEZ MOLINA 11 Case No. 18-cv-00428-DMS-MDD Case 3:18-cv-00428-DMS-MDD Document 289-2 Filed 10/23/18 PageID.4515 Page 1 of 19 Exhibit A Exhibit A 000012 Case "mlas; gig" 3352 {a ?aw ?if: a? ?32: immg - E?em ?ems23/18 PageID . ?ii? rm?? k?e max RA m; 6 ?we; gm aw 4516 Page 2 of 19 ?Mfgaa ??634 we W39 ?gm; ham?? 3 . Case 3:18-cv-00428-DMS-MDD Document 289-2 Filed 10/23/18 PageID.4520 Page 6 of 19 Case l:lB-c('392 Document 1-1 Filed 10/17/{'>age 6 of 19 REPUBLIC OF HONDURAS [logo] TRANSCRIPT OF PUBLIC DEED No. 337. Of CARE AND CUSTODY Granted by: ERLIN YOBANY MOLINA ZELAYA AND SILVIA DEL CARMEN CANO GARCIA. In favor of EGLA AREL Y VELASQUEZ MOLINA AUTHORIZED BY NOTARY MARIO AQUILES UCLES HERRERA. CATACAMAS, 04 MAY 2016 Exhibit A 000017 Case 3:18-cv-00428-DMS-MDD Document 289-2 Filed 10/23/18 PageID.4521 Page 7 of 19 Case 1:18-c(:392 Document 1-1 Filed 10/17/:i{'>age 7of19 SUPREME COURT OF JUSTICE REPUBLIC OF HONDURAS, CENTRAL AMERICA [logo:] SPECIAL NOTARIAL PAPER TWENTY LEMPIRAS 2016-2019 [stamp:] COLLEGE OF ATTORNEYS OF MORAZAN [illegible] [signature] 5.00 LEMPIRAS [stamp:] [illegible] No. 2117932 RECORD PUBLIC INSTRUMENT NUMBER THREE HUNDRED AND THIRTY-SEVEN (337), In the city of Catacamas, Department of Olancho, at nine o'clock in the morning (9:00 A.M.) on Friday, the fourth (04) of the month of May of the year Two Thousand and Sixteen (2016)- In my presence, MARIO A QUILES UCLES HERRERA, Attorney and Notary Public, residing in Tegucigalpa, Municipality of the Central District, Department of Francisco Morazan, with his Legal Office located at Avenida Miguel Cervantes, Edificio San Cayetano, 3rd level, cubicle No. 304, Tegucigalpa, M.D.C. [Municipality of the Central District], with identification card number zero nine zero six (No. 0906), of the College of Attorneys of Honduras, and Exequatur Eight hundred and eighty-six (No. 886) of the Honorable Supreme Court of Justice, with telephone number 2220-0024, of this City for the time being, appearing personally before me Messrs. ERLIN YOBANY MOLINA ZELAYA, of legal age, single, Honduran, and with his address in the City of Catacamas, Department of Olancho, acting on his own behalf and in his own name, SILVIA DEL CARMEN CANO GARCIA, of Legal Age, Single, Honduran, and with her address in the City of Catacamas, Department of Olancho, acting on her own behalf and in her own name and EGLA AREL Y VELASQUEZ MOLINA, of legal age, single, high school graduate in Arts and Sciences, Honduran, and with her address in the City of Catacarnas, Department of Olancho; Who assure me that they are in full enjoyment of exercise of their civil rights, freely and spontaneously declare - FIRST: The agreeing parties ERLIN YOBANY MOLINA ZELAYA and SIL VIA DEL CARMEN CANO GARCIA, declare that they are the Biological Parents of the minor EYARIN BRIYANA MOLINA CANO, of Honduran nationality, who was born on the Eighth (8 1h) day of the month of June of the year Two Thousand and Eight (2008) in the Municipality ofCATACAMAS, Department ofOLANCHO, as stated in the Certification of Exhibit A 000018 Case 3:18-cv-00428-DMS-MDD Document 289-2 Filed 10/23/18 PageID.4522 Page 8 of 19 Case 1:18-c('392 Document 1-1 Filed 10/17/l(',age 8of19 Birth Certificate No. 1503-2009-00769, located in folio 082, of Volume 00643, of the year 2009 - SECOND: The agreeing parties ERLIN YOBANY MOLINA ZELAYA and SILVIA DEL CARMEN CANO GARCIA manifest That by means of this Act they grant in a voluntary manner the CARE AND CUSTODY of their minor child EYARIN BRIYANA MOLINA CANO to the appearin~ party EGLA ARELY VELASQUEZ MOLINA, in virtue of finding ourselves obligated to do so due to work, we are out of the City for long periods of time, and given that the appearing party EGLA ARELY VELASQUEZ MOLINA is the person who has taken care of the minor since her birth, since she is our closest relative and is entirely worthy of our trust we grant her among other rights and obligations that of Representing her Legally to exercise her Care and Custody: feed her. take care of her. educate her and manage her wellness as necessary. as well as being able to perform any Migratory movements. - The aforesaid granting is for an INDEFINITE PERIOD OF TIME. - THIRD: Conversely, the appearing party EGLA AREL Y VELASQUEZ MOLINA states That the aforesaid statements of the appearing parties ERLIN YOBANY MOLINA ZELAYA and SILVIA DEL CARMEN CANO GARCIA are entirely true, and that she accepts each and every one of the OBLIGATIONS AND RIGHTS conferred onto her - All of which, of the knowledge, age, marital status, profession or trade, nationality and legal residence of one and the others. - As well as the notification of the obligations that they have to fulfill, the registration of this Instrument in the Corresponding Institute of the Registry of Deeds and Commercial Property and having viewed the following documents: a) Background of the Domain of the real estate property that is the object of the Donation. b) Personal documents of the appearing parties which, as ordered, are the Identification Document ONE FIVE TWO ZERO DASH ONE NINE NINE TWO DASH ZERO ZERO TWO FIVE FOUR (1520- 1992-00254), ONE FIVE ZERO THREE DASH ONE Exhibit A 000019 Case 3:18-cv-00428-DMS-MDD Document 289-2 Filed 10/23/18 PageID.4523 Page 9 of 19 case 1:1s-c("392 Document 1-1 Filed 10/17/i("'age 9of19 SUPREME COURT OF JUSTICE REPUBLIC OF HONDURAS, CENTRAL AMERICA [logo:] SPECIAL NOTARJAL PAPER TWENTY LEMPIRAS 2016-2019 No. 2106917 NINE EIGHT NINE DASH ZERO TWO THREE EIGHT ZERO (1503-1989-02380) and ONE FIVE ZERO THREE DASH ONE NINE EIGHT EIGHT DASH ZERO ZERO FOUR EIGHT SEVEN (1503-1988-00487) I ATTEST. SIGNATURE AND FINGERPRINT OF ERLIN YOBANY MOLINA ZELAYA, SIGNATURE AND FINGERPRINT OF SILVIA DEL CARMEN CANO GARCIA, SIGNATURE AND FINGERPRINT OF EGLA ARELY VELASQUEZ MOLINA, SIGNATURE AND NOTARIAL STAMP [of] MARIO AQUILES UCLES HERRERA AND as per the requirement of the appearing party EGLA ARELY VELASQUEZ MOLINA, I grant, stamp and sign this first copy in the same place and date of its granting on the corresponding stamped document, and with the duly settled legal stamps, verifying its original copy with the one that corresponds to my pre-inserted protocol number of the current year in which I recorded this release. I ATTEST. [stamp in left margin:] [illegible] [signature] [stamp:] MARJO AQUILES UCLES HERRERA NOTARY [illegible] HONDURAS, CENTRAL AMERICA Exhibit A 000020 Case 3:18-cv-00428-DMS-MDD Document 289-2 Filed 10/23/18 PageID.4524 Page 10 of 19 case 1:1a-c('392 Document 1-1 Filed 1011111(""age 10of19 ti TRANSPERFECT City of New York, State of New York, County of New York I, Aurora Landman, hereby certify that the document, "Transcript of Public Deed" is, to the best of my knowledge and belief, a true and accurate translation from Spanish into English. Aurora Landman Sworn to before me this September 24, 2018 Stamp, Notary Public THREE PARK AVENUE, l9TH FLOOR, NEW YORK, NY 10016 I T 212.689.SSSS I F 212.689.1059 I WWW.TRANSPERFECT.COM OFFICES IN 90 CITIES WORLDWIDE ExhibilA 000021 ?zz; ag?wx: 5 Case 3: ?oa a; aging; xg?? :?mx ?gmm? age?22m Imn may; 4 .m saggy? 4525 Page 11 of 19 Case 3:18-cv-00428-DMS-MDD Document 289-2 Filed 10/23/18 PageID.4526 Page 12 of 19 case 1:1s-cr392 Document 1-1 Filed 10/17/l(''age 12of19 [logo] MINISTRY OF EDUCATION DEPARTMENTAL OFFICE OF EDUCATION C.E.B. [Centro de Educaci6n Basica (Basic Education Center)] "CONCEPCION AMADOR" CATACAMASOLANCHO TEL. 2799-5445 CERTIFICATION The undersigned Director of the Concepci6n Amador Basic Education Center of the district of San Francisco, municipality ofCatacamas, Department ofOlancho, Hereby certifies that the student EYARIN BRIYANA MOLINA CANO was under the guardianship of EGLA ARELY VELASQUEZ MOLINA at the time of her studies in the institution. And in witness whereof, this document is signed on the 24 111 day of the month of August of the year 20 I 8. [stamp:] MINISTRY OF EDUCATION BASIC EDUCATION CENTER DIRECTORATE CONCEPCION AMADOR CATACAMAS [signature] DIRECTOR MARTIN ZELAYA Exhibit A 000023 Case 3:18-cv-00428-DMS-MDD Document 289-2 Filed 10/23/18 PageID.4527 Page 13 of 19 Case ~ 1:18-c~ . 392 Document 1-1 Filed ~ 10/17/lf~ age 13of19 II TRANSPERFECT City of New York, State ofNew York, County ofNew York I, Aurora Landman, hereby certify that the document, "DEPARTMENTAL OFFICE OF EDUCATION- CERTIFICATION" is, to the best of my knowledge and belief, a true and accurate translation from Spanish into English. Aurora Landman Sworn to before me this September 24, 2018 Stamp, Notary Public THREE PARK AVENUE. 39TH FLOOR, NEW YORK, NY 10016 I T 212.689.5555 I F 212.689.1059 I WWW.TRANSPERFECT.COM OFFICES IN 90 CITIES WORLDWIDE Exhibit A 000024 Case 3:18-cv-00428-DMS-MDD Document 289-2 Filed 10/23/18 PageID.4529 Page 15 of 19 Case 1:1s-crl92 Document 1·1 Filed 10/17/l('age 15of19 [logo:] RNP No, 59577875 REPUBLIC OF HONDURAS NATIONAL REGISTRY OF PERSONS MUNICIPAL CIVIL REGISTRY CERTIFICATION OF BIRTH CERTIFICATE [QR code] The undersigned Municipal Civil Registrar CERTIFIES that a birth certificate with number: l11slol3l-lzlolol91-lolol116l9l ldo11/lnt.•u//m1 N11nrMr is in the Archives of Births of this office located on folio~ of volume~ MOLINA a) for the year Zl!!!2 and it belongs to: CANO b) Second Las/ Name Firs/ I.as/ Name c) MD F llll and whose information is the following: I) Place, date and order of birth •) CATACAMAS OLANCHO b) City d) EIGHT Country JUNE •) Day Mon1h 2.) Identity number, last names, first name and nationality of the father; a) ~~~~~~~~M~O~l~IN.~~"-~~~~~~­ First Last Name lrted trips to family court or child welfare proceedings for detained alien parents or legal guardians; c) Appropriate visitation within ICE facilities; and d) Appropriate efforts, to the extent practicable, to allow a detained alien parent or legal guardian to make arrangements for their minor child(ren), including through increased access to counsel, consular officials, family and dependency courts, child welfare authorities' personnel, and/or family members or friends in order to arrange guardianship, or to obtain travel documents or otherwise make necessary travel arrangements, for his or her minor child(ren). 4) Coordinating as necessary with relevant ERO program offices, FODs, state or local family court or child welfare authority personnel, consular officials, and others to facilitate the timely response to issues or complaints received by ICE regarding the child welfare issues of detained aliens. 4.4. The ERO Field POCs are responsible for: 1) Addressing public inquiries related to the family ties of detained alien parents or legal guardians of a minor child(ren); and 2) Communicating with the Child Welfare Coordinator and completing all relevant training. Guidance on the Detention and Removal of Alien Parents or Legal Guardians 2 ExhibitC 000054 Case 3:18-cv-00428-DMS-MDD Document 289-4 Filed 10/23/18 PageID.4558 Page 4 of 29 5. Procedures/Requirements. 5.1. Minor Child(ren) Encountered During Enforcement Actions. I) ICE personnel should not take custody of or transport a minor child(ren) they encounter during an enforcement action who is either a USC or LPR, or who is otherwise not removable from the United States. 2) Absent indications of child abuse or neglect, ICE personnel should accoinmodate, to the extent practicable, an alien parent or legal guardian's efforts to make alternative care arrangements for his or her minor child(ren). ICE personnel should document the alien parent or legal guardian's request for transfer of custody of a USC or LPR minor child(ren) to a verifiable third party. 3) If the alien parent or legal guardian cannot make an alternative care arrangement for the minor child(ren), or if there is an indication that the minor child(ren) has been subject to abuse or neglect by a parent or other adult who may be asked to take custody of the minor child(ren), ICE personnel should contact the local child welfare authority or law enforcement agency to take custody of the minor child(ren). 4) Once a detained alien has been determined to be a parent or legal guardian of a USC or Li>R minor child(ren), ICE personnel should enter this information in ENFORCE Alien Removal Module (EARM), or its successor system. 5.2. Initial Detention Placement and Subsequent Transfers of Detained Alien Parents or Legal Guardians. I) If the alien's minor child(ren) or family court or child welfare proceedings are within the AOR of initial apprehension, the FOD m\Jst refrain from making an initial placement or from subsequently transferring the alien outside of the AOR of apprehension, unless deemed operationally necessary and otherwise consistent with applicable ICE policies. 5.3. Participation in Family Court or Child Welfare Proceedings by Detained Alien Parents or Legal Guardians. I) Where practicable, the. FOD must arrange for a detained alien parent or legal guardian's in-person appearance at a family court or child welfare proceeding when the detained alien parent or legal guardian's presence is required in order for him or her to maintain or regain custody of his or her minor child(ren) and: a) The detained alien parent or legal guardian, or his or her attorney or other representative, timely requests with reasonable notice an opportunity to participate in such hearings; Guidance on the Detention and Removal of Alien Parents or Legal Guardians 3 Exhibit C 000055 Case 3:18-cv-00428-DMS-MDD Document 289-4 Filed 10/23/18 PageID.4559 Page 5 of 29 (' b) The detained alien parent or legal guardian, or his or her attorney or other representative, has produced evidence of a family court or child welfare proceeding, including but not limited to, a notice of hearing, scheduling letter, court order, or other such documentation; c) The family court or child Welfare proceedings are located within a reasonable driving distance of the detention facility where the detained alien parent or legal guardian is housed; d) Transportation and escort of the detained alien parent or legal guardian would not be unduly burdensome on Field Office operations; and e) Such transportation and/or escort of the detained alien parent or legal guardian to participate in family court or child welfare proceedings does not present security and/or public safety concerns. 2) If it is impracticable to transport the detained alien parent or legal guardian to appear in-person in a family court or child welfare proceeding, the FOD should accommodate the detained alien parent or legal guardian's appearance or participation through video or standard teleconferencing from the detention facility or the Field Office to the extent that it is technologically feasible and approved by the family court or child welfare authority. The detained alien parent shall have the responsibility for obtaining approval from the family court or child welfare agency. 3) All actions taken pertaining to a detainee' s participation in family court or child welfare proceedings should be documented in EARM, or its successor system. 4) In all cases, ifthe detained alien parent or legal guardian does not wish to attend and/or participate in a family court or child welfare proceeding, ICE will not interfere with the detained alien parent or legal guardian's decision, which shall be documented in the detainee's Alien-File (A-File). 5.4. Visitation. 1) In the event an alien parent or legal guardian is detained, ICE will facilitate a means of regular visitation between the parent and minor child(ren). 2) Pursuant to ICE detention standards, at facilities where there is no provision for visits by minors, upon request, FODs must arrange for a visit by minor child(ren), step-child(ren), child(ren) under legal guardianship, and/or foster child(ren) within the first 30 days. After that time, upon request, ICE must consider a request for transfer, when practicable, to a facility that will allow such visitation. Upon request, FODs must continue monthly visits, if transfer is not approved, or until an approved transfer can be effected. 1 1 See National Detention Standards 2000 (Section H:2.d); Performance-Based National Detention Standards Guidance on the Detention and Removal of Alien Parents or Legal Guardians 4 Exhibit C 000056 Case 3:18-cv-00428-DMS-MDD Document 289-4 Filed 10/23/18 PageID.4560 Page 6 of 29 3) In some cases, parent-child visitation may be required by the family court or child welfare authority in order for a detained alien parent or legal guardian to maintain or regain custody of his or her minor child(ren). If a detained alien parent or legal guardian, or his or her family member, attorney, or other representative produces documentation (e.g., a reunification plan, scheduling letter, court order, or other such documentation) of such a requirement, FODs must facilitate, to the extent practicable, the required visitation between the detained alien parent or legal guardian and his or her .minor child(ren). a) Such special visitation may include contact visitation, within the constraints of safety and security for both facility staff and detainees. b) These special arrangements must not limit or otherwise adversely affect the detained alien parent or legal guardian's normal visitation rights under the relevant detention standards, or the safe and efficient operation of the detention facility. 4) If in-person visitation is not practicable, FODs may permit parent-child visitation through video or standard teleconferencing from the detention facility or the Field Office to the extent it is technologically feasible and approved by the family.court or child welfare authority when visitation is court-ordered. 5) All actions documenting parent-child visitation should be recorded in EARM or its successor system. Copies of visitation orders will be placed in the A-File. 5.5. Coordinating Care or Travel of Minor Child(ren) Pending Removal of a Parent or Legal Guardian. 1) Where detained alien parents or legal guardians who maintain their parental rights are subject to a final order of removal and ICE is effectuating their removal, FODs or their appropriate designees should accommodate, to the extent practicable, the detained parent or legal guardian's individual efforts to make arrangements for their minor child(ren). Such provisions may include the parent or legal guardian's attempt to arrange guardianship for his or her minor child(ren) to remain in the United States, or to obtain travel documents for the minor child(ren) to accompany them to their . country of removal. 2) FODs must coordinate, to the extent practicable, within their local detention facilities and within the Field Office to afford detained alien parents or legal guardians access to counsel, consulates and consular officials, courts and/or family members in the weeks preceding removal in order to execute signed documents (e.g., powers of attorney, passport applications, appointments of guardians, or other permissions), purchase airline tickets, and make other necessary preparations prior to removal. 2008 (Section H.2.d); Performance-Based National Detention Standards 2011 (Section 1.2.b). Guidance on the Detention and Removal of Alien Parents or Legal Guardians s Exhibit C 000057 Case 3:18-cv-00428-DMS-MDD Document 289-4 Filed 10/23/18 PageID.4561 Page 7 of 29 3) In addition, the FOD may, subject to security considerations, provide sufficient notice of the removal itinerary to the detainee or through the detained alien's attorney or other representative so that coordinated travel arrangements may be made for the alien's minor child(ren). 6. Recordkeeping. 6.1. Court documentation, visitation orders, and family law case files will be maintained as part of the A·File. A-Files will be retained pennanently and transferred to the National Archives after 100 years in accordance with the U.S. Citizenship and Immigration Services A-File records schedule (Nl-566-08-011 ). 6.2. Infonnation related to minor child(ren) encountered during enforcement actions and family court or child welfare proceedings will be stored in the Enforcement Integrated Database and retained for 75 years in accordance with DHS records schedule Biometric with Limited Biographical Data (DAA-0563-2013-001) item 6, Law Enforcement. 7. Authorities/References. 7.1. Executive Order 13,768, "Enhancing Public Safety in the Interior of the United States," 82 Fed. Reg. 8799 (Jan. 30, 2017). 7.2. Memorandum from DHS Secretary John Kelly, "Enforcement of the Immigration Laws to Serve the National Interest" (Feb. 20, 2017). 7.3. 2011 Perfonnance-Based National Detention Standards. 7.4. 2008 Performance-Based National Detention Standards. 7.5. 2000 National Detention Standards. 8. Attachments. None. 9. No Private Right Statement. This document provides only internal ICE policy guidance, which may be modified, rescinded, or superseded at any time without notice. It is not intended to, does not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable at law by any party in any administrative, civil, or criminal matter. Like · e, no limitations are placed by this guidance on the otherwise lawful ent1 cement o 'tigative prerogatives of ICE. as o ngDirector .s. Immigration and Customs Enfo~ement Guldwice on the Detention and Removal of Alien Parents or Legal Guardians 6 Exhibit C 000058 Case 3:18-cv-00428-DMS-MDD Document 289-4 Filed 10/23/18 PageID.4562 Page 8 of 29 10/12/2018 Children [ ' ig the United States Unaccompanied: Section 2 I Off;qefugee Resettlement I ACF OFFICE OF REFUGEE RESETTLEMENT An Office of the Administration for Children & Families Children Entering the United States Unaccompanied: Section 2 Safe and Timely Release from ORR Care Published: January 30, 2015 Categories: Unaccompanied Children's Services 2.1 Summary of the Safe and Timely Release Process The Office of Refugee Resettlement (ORR) has policies and procedures in place to ensure the care and safety of children who are apprehended in the United States without a parent or legal guardian available to provide care and custody and without immigration status. These policies require the timely release of children and youth to qualified parents, guardians, relatives or other adults, referred to as "sponsors." Safe and timely release must occur within a setting that promotes public safety and ensures that sponsors are able to provide for the physical and mental well-being of children. ORR evaluates potential sponsors' ability to provide for the child's physical and mental well-being, as the law requires ORR to protect children from smugglers, traffickers, or others who might seek to victimize or otherwise engage the child in criminal, harmful or exploitative activity. The process for the safe and timely release of an unaccompanied alien child from ORR custody involves many steps, including: the identification of sponsors; the submission by a sponsor of the application for release and supporting documentation; the evaluation of the suitability of the sponsor, including verification of the sponsor's identity and relationship to the child, background checks, and in some cases home studies; and planning for post-release. Posted 1127115 2.2 Application for the Safe and Timely Release of an Unaccompanied Alien Child from ORR Care ORR begins the process of finding family members and others who may be qualified to care for an unaccompanied alien child as soon as the child enters ORR's care. Parents, other relatives, or close family friends can apply to have the child released to their care. Posted 1127115 2.2.1 Identification of Qualified Sponsors The care provider (https:l/www.acf.hhs.gov/programs/orr/resource/chlldren-enterlng-the-unlted-states-unaccompanled-gulde-to-terms#Care Provider), the ORR funded facility that cares for the child, interviews the child as well as parents (see the section below on how ORR confirms relationship with child), legal guardians, and/or family members to identify qualified custodians ("sponsors"). If a child is either too young or there are other factors that prohibit the care provider from obtaining potential sponsor information from the unaccompanied alien child, the care provider may seek assistance from the child's home country consulate in collaboration with the ORR Federal Field Specialist (ORR/FFS) (https:l/www.acf.hhs.gov/programs/orr/resource/children-entering-the-united~states-unaccompanled-gulde-to-terms#ORR/Federal Field Specialist) or from a reputable family tracing organization. Finding a sponsor for the child is an ongoing process that continues during the unaccompanied alien child's stay in ORR care and custody in the event that the primary potential sponsor or primary release plan is not approved. ORR releases children to a sponsor in the following order of preference: 1 parent; legal guardian; an adult relative (brother, sister, aunt, uncle, grandparent or first cousin); an adult individual or entity designated by the parent or legal guardian (through a signed deClaration or other document that ORR determines is sufficient to establish the signatory's parental/guardian relationship); a licensed program willing to accept legal custody; or an adult individual or entity seeking custody when it appears that there is no other likely alternative to long term ORR care and custody. ORR has grouped these release options into the following categories. 2 Category 1: Parent or legal guardian (This includes qualifying step-parents that have legal or joint custody of the child or teen) Category 2: An immediate relative-a brother, sister, aunt, uncle, grandparent or first cousin. (This includes biological relatives, relatives through legal marriage, and half-siblings) Category 3: Other sponsor, such as distant relatives and unrelated adult individuals Category 4: No sponsors identified Although ORR gives preference to a parent or legal guardian when determining release plans, there are instances when ORR would not release an unaccompanied alien child to a parent or legal guardian. These include: Exhibit C 000059 https://www.acf.hhs.gov/orr/resource/children-entering-the-united-states-unaccompanied-section-2#2.2.1 1/22 Case 3:18-cv-00428-DMS-MDD Document 289-4 Filed 10/23/18 PageID.4563 Page 9 of 29 Children (~1g the United States Unaccompanied: Section 2 I Of(~--~\~efugee Resettlement I ACF 10/12/2018 There has been a court ordered termination of parental rights over the child. There is substantial evidence that the child would be at risk of harm if released to the parent or legal guardian. In some cases, an unaccompanied alien child enters the United States with her biological child. In those cases, ORR will identify a sponsor for the unaccompanied alien child as well as for the infant or toddler. In most instances, it is in the best interest of the unaccompanied alien child and her biological child to be released to the same sponsor. When that occurs, the sponsor is assigned the same category for the infant as for the UAC mother. This is true even if the potential sponsor would be assigned a different category (based on their relationship status) if he or she were to sponsor the infant alone. Revised 4111116 2.2.2 Contacting Potential Sponsors The child's care provider (https://www.acf.hhs.gov/programs/orr/resource/children-entering-the-unlted-states-unaccompanied-guide-toterms#Care Provider) is responsible for implementing safe screening methods when contacting and communicating with potential sponsors. These methods are to ensure that a potential sponsor does not pose a risk to the unaccompanied alien child, to other children in the care provider facility or to care provider staff. These safe screening methods include: Use of appropriate interpreters Identity of the sponsor is obtained Verification of family relationships Coordination with the unaccompanied alien child's parents, legal guardians, or closest relatives prior to contacting non-relative adult potential sponsors Screening for exploitation, abuse, trafficking, or other safety concerns Engaging the child to communicate openly with care provider staff about his or her own sense of safety Posted 1127115 2.2.3 The Application for Release All potential sponsors must complete an application in order for a child to be released to them from ORR custody (the "Family Reunification Application"). Within 24 hours of identification of a potential sponsor for a child or youth, the care provider or the ORR National Call Center sends the sponsor a package with the application and related documents (called the Family Reunification Packet or FRP). The application package includes the following documents: A flyer with contact information on organizations offering a Legal Orientation Program for Custodians (LOPC) Family Reunification Packet Cover Letter Authorization for Release of Information Family Reunification Application Sponsor Care Agreement Sponsor Declaration Fingerprint instructions Sponsor Handbook (If parent or legal guardian wishes to specify) Letter of Designation for Care of a Minor Privacy Notices The care provider is available to help the potential sponsor complete the application. The care provider also informs potential sponsors that they may submit additional information to support the application and reminds potential sponsors of the deadlines for completing the forms. The sponsor may also receive assistance in completing the application at some fingerprinting locations. Revised 6fl/18 2.2.4 Required Documents for Submission with the Application for Release In addition to completing and signing the Family Reunification Application (FRA) and the Authorization for Release of Information, potential sponsors must provide documentation of identity, address, and relationship to the child they seek to sponsor (see also The Family Reunification Checklist for Sponsors {https://www.acf.hhs.gov/programs/orr/resource/unaccompanled-childrens-services#Family Reunification Packet for Sponsors)). 3 Potential sponsors must also submit documentation verifying the identity of the children they seek to sponsor, and evidence verifying the identity of all adults residing with the sponsor and all adult care givers identified in a sponsor care plan. In addition to their use as evidence of the foregoing, all documentation submitted under this section is used as part of the overall sponsor assessment process. See Section 2.4 Sponsor https://www.acf.hhs.gov/orr/resource/children-entering-the-united-states-unaccompanied-section-2#2.2.1 Exhibit C 000060 2/22 Case 3:18-cv-00428-DMS-MDD Document 289-4 Filed 10/23/18 PageID.4564 Page 10 of 29 Children ('\1g the United States Unaccompanied: Section 2] or~efugee Resettlement I ACF 10/12/2018 Assessment Criteria and Home Studies (https://www.acf.hhs.gov/orr/resource/children-entering-the-united-states-unaccompanied-section2#2.4). As a result, ORR may in its discretion require potential sponsors to submit additional documentation beyond the minimums specified below. Proof of Sponsor Identity To verify their identity, all potential sponsors must submit original versions or legible copies of government-issued identification documents. They may present either one selection from List A or two or more documents from List 8. If a potential sponsor presents selections from list 8, at least one selection must contain a legible photograph. Expired documents are acceptable for the purpose of establishing identity. LIST OF ACCEPTABLE DOCUMENTS LISTA Permanent Resident Card or Alien Registration Receipt Card (Form 1-551) """""""""'""""""""~••• "'"""""""""""""""""""""""""""""""""""""" Foreign Passport that contains a photograph Employment Authorization Document that contains a photograph (Form 1-766) ··-·····-·········-" ,,,............ " """""" U.S. Driver's License or Identification Card OR LISTB U.S. Certificate of Naturalizatlon U.S. Military Identification Card U.S. Social Security Card Birth Certificate Marriage Certificate Court order for name change """"~"··-----"""""""""""""""""""""""""""""""" Foreign national identification card Consular passport renewal receipt that contains a photograph Mexican consular identification card Foreign driver's license that contains a photograph Foreign voter registration card that contains a photograph -·"····-'·--·················-""""""""""" Canadian border crossing card that contains a ph·o···'··o···g•.'..•....•P···h·············································· Mexican border crossing card that contains a photograph with valid For..m ........'..-..'....•....................................................................... Refugee travel document that contains a photograph Other similar documents Proof of identify of adult household members and adult care givers identified in a sponsor care plan All potential sponsors must submit documentation verifying the identity of non-sponsor adults in their household or in a sponsor care plan. For all such adults, potential sponsors must submit at least one identification document that contains a photograph. The document may be from either List A or List 8 above, and may be an original version or a legible copy of the document. Expired documents are acceptable for the purpose of establishing identity. In addition, potential sponsors may submit an original version or legible copy of an ORR Verification of Release Form, but only to verify the identity of adults under the age of 21, and only if the form contains a photograph. ORR will not accept a Verification of Release as proof of identity if it does not contain a photograph, and/or is for anyone 21 and older. Proof of Address All potential sponsors must submit at least one form of documentation verifying their current address. Acceptable forms of documentation include original versions or legible copies of: A current lease or mortgage statement dated within the last two months before submission of the FRA; A utility bill, addressed in the sponsor's name and dated within the last two months before submission of the FRA; A bank statement dated within the last two months before submission of the FRA; A payroll check stub issued by an employer, dated within the last two months before submission of the FRA; A piece of mail from a county, state, or federal agency (with the exception of ORR) with the sponsor's name and residential address and dated within the last two months before submission of the FRA; A notarized letter from a landlord on the business stationary of the real property owner confirming the sponsor's address; and Other similar documents reliably indicating that the sponsor resides at the claimed address, dated within the last two months before submission of the FRA Exhibit C 000061 https://www.acf.hhs.gov/orr/resource/children-entering-the-united-states-unaccompanied-section-2#2.2.1 3/22 Case 3:18-cv-00428-DMS-MDD Document 289-4 Filed 10/23/18 PageID.4565 Page 11 of 29 10/12/2018 Children ~1g the United States Unaccompanied: Section 2 I Off:-"'\Refugee Resettlement I ACF ORR may use alternative methods to verify address. For example, ORR may send a letter containing specific instructions to the address given by the sponsor, and provide a timeline by which the sponsor must comply with the instructions. Proof of Child's Identity The potential sponsor or child's family must provide the unaccompanied alien child's birth certificate or a legible copy of the child's birth certificate. Proof of Sponsor-Child Relationship The potential sponsor must provide at least one form of evidence verifying the relationship claimed with the child. 4 Acceptable documents include original versions or legible copies of: Birth certificates; Marriage certificates; Death certificates; Court records; Guardianship records; Hospital records; School records; Written affirmation of relationship from Consulate; and Other similar documents. Category 3 potential sponsors who are unable to provide verifiable documentation of a familial relationship with the unaccompanied alien child must submit evidence that reliably and sufficiently demonstrates a bona fide social relationship with the child and/or the child's family that existed before the child migrated to the United States. Care providers must attain sufficient corroboration to be confident that they have received needed verification of the relationship between the potential sponsor and the child or child's family. In the absence of sufficient evidence of a bona fide social relationship with the child and/or the child's family that existed before the child migrated to the United States, the child will not be released to that individual. If a potential sponsor has been charged with or convicted of any crime or investigated for the physical abuse, sexual abuse, neglect, or abandonment of a minor, he or she must provide related court records and police records, as well as governmental social service records or proof of rehabilitation related to the incident. If a sponsor, household member, or adult caregiver provides any false information in the application of release and/or accompanying documents or submits fraudulent documents for the purposes of obtaining sponsorship of the child, ORR will report the incident to HHS/Office of the Inspector General (OIG) and to U.S. Immigration and Customs Enforcement's Homeland Security Investigations (HSI). Fraudulent documents include documents on which the address, identity, or other relevant information is false or documents that have been manufactured or altered without lawful authorization. ORR will deny release if it is determined that fraudulent documents were submitted during the application of release process. Revised 11114116 2.2.5 Legal Orientation Program for Custodians All potential sponsors of children and youth under the care of ORR should attend a presentation provided by the Legal Orientation Program for Custodians (LOPC). The purpose of this program is to inform potential sponsors of their responsibilities in ensuring the child's appearance at all immigration proceedings, as well as protecting the child from mistreatment, exploitation, and trafficking, as provided under the Trafficking Victims Protection Reauthorization Act of 2008. The program also provides information about possible free legal counsel (pro bona legal services) for the youth or child during the immigration court process. The Office of Legal Access Programs (OLAP), within the Executive Office for Immigration Review (EOIR) at the U.S. Department of Justice, manages the LOPC and contracts with legal service organizations around the country to provide LOPC services to potential sponsors in their local communities or in metropolitan areas served by the program. EOIR is the entity in the federal government that is also responsible for adjudicating immigration cases by fairly, expeditiously, and uniformly interpreting and administering the nation's immigration laws. The unaccompanied alien child's case manager (https:/lwww.acf.hhs.gov/programs/orr/resource/children-entering-the-united-statesunaccompanied-guide-to-terms#Case Manager)is responsible for informing potential sponsors about all procedures related to the child's case-including attendance at an LOPC presentation. The Family Reunification Packet (FRP) that goes to each potential sponsor includes an Authorization for Release of Information that the sponsor must sign before the case manager may schedule an appointment for LOPC services. All potential sponsors should submit the Authorization for Release of Information immediately and prior to submitting the complete FRP to ensure timely scheduling of their LOPC session. Upon receipt of the Authorization, the case manager schedules an appointment for a potential sponsor to attend a presentation with one of the LOPC providers around the country. Alternatively, the case manager contacts the LOPC National Call Center at (888} 996-3848 and arranges for the Call Center to schedule an LOPC appointment for the potential sponsor or mail an LOPC Information Packet to the sponsor. When evaluating family members and other potential sponsors, ORR considers whether they have attended an LOPC presentation. Attendance at an LOPC presentation is a factor in the release assessment. Exhibit C 000062 https:/lwww.acf.hhs.gov/orr/resource/children-entering-the-united-states-unaccompanied-section-2#2.2.1 4/22 Case 3:18-cv-00428-DMS-MDD Document 289-4 Filed 10/23/18 PageID.4566 Page 12 of 29 10/12/2018 Children ("\19 the United States Unaccompanied: Section 2 [ or~efugee Resettlement I ACF Revised 1214117 2.2.6 Additional Questions and Answers about this Topic Q: Will sponsors receive the Family Reunification Packet through the mail or electronically? A: Case managers will work with sponsors to identify the best way to get the packets to them, whether electronically or by fax transmission or postage paid overnight mail. Q: Do sponsors need assistance from an attorney or a paid representative to complete the packet? A: No. The unaccompanied alien child's case manager will be able to help the potential sponsor complete the form and explain the process. Q: Is It possible for an unaccompanied alien child's spouse to be a sponsor? A: ORR considers release to an unaccompanied alien child's adult spouse on a case by case basis. Q: Is it possible for family members in the United States to proactlvely contact ORR about children who may have entered the country unaccompanied? A: Yes. Family members may call the ORR National Call Center, at (800) 203-7001. Posted 1127115 2.3 Key Participants in the Release Process ORR's sponsor assessment and release decision process requires coordination among care provider staff, nongovernmental third-party reviewers (Case Coordinators), ORR staff, other Federal agencies, stakeholders, and Child Advocates, where applicable. Case Managers (https:l/www.acf.hhs.gov/programs/orr/resource/children-entering-the-united-states-unaccompanied-guide-to-terms#Case Manager) communicate with potential sponsors, gather necessary information and documentation, talk to any relevant stakeholders, and assess sponsors to formulate a recommendation to the Case Coordinator. Case Coordinators (https:l/www.acf.hhs.gov/programsforr/resource/children-entering-theunited-states-unaccompanied-guide-to-terms#Case Coordinators) concurrently review all assessment information on an unaccompanied alien child and sponsor to also make a recommendation. Once Case Managers and Case Coordinators agree on a particular recommendation for release, the recommendation will be sent to the ORRIFFS (https:llwww.acf.hhs.gov/programs/orr/resource/children-entering-the-united-states-unaccompaniedguide-to-terms#ORR/Federal Field Specialist) for a final release decision. If the Case Manager and Case Coordinator cannot agree on a recommendation, the case is elevated to the ORR/FFS for further guidance. Revised 811116 2.3.1 ORR/Federal Field Specialists (ORR/FFS) ORR/FFS are ORR's field staff located regionally throughout the country and are assigned to a group of care providers within a region. They have the authority to approve all unaccompanied alien children transfer and release decisions; oversee care providers to ensure all services, policies, and procedures are properly provided and implemented; and serve as a liaison to local stakeholders, including other Federal agencies, local legal service providers, local communities, Child Advocates, etc. ORR/FFS also provide guidance, direction, and technical assistance to care providers. With regard to the release process, ORR/FFS oversee individual unaccompanied alien children cases and review Case Manager, Case Coordinator, and Child Advocate recommendations; and make final release and transfer decisions for ORR. ORR/FFS also make final decisions whether home studies are conducted and/or post-release services are provided. 5 ORR/FFS coordinate all aspects of a child's case with care provider staff, Case Coordinators, stakeholders, and other Federal agencies. Revised 811116 2.3.2 Case Managers Care provider Case Managers perform a variety of duties, including coordinating the completion of assessments of unaccompanied alien children, completing individual service plans, assessing potential sponsors, making transfer and release recommendations, and coordinating the release of a child or youth from ORR care and custody. (The care provider provides a range of services through other trained staff that are described in Section 3: Services.) The role of the Case Manager within the release process is to initiate and maintain ongoing communication with the potential sponsor, gather sponsor information, and assess whether the potential sponsor is a suitable sponsor who can safely provide for the physical and mental well-being of the child or youth. When communicating with the potential sponsor, the Case Manager may: Provide direct assistance on completing the sponsor application packet and ensuring provision of supporting documentation; Involve the sponsor in making a plan for individualized services for the unaccompanied alien child, as appropriate; Keep the sponsor informed of the child's progress and current functioning; Provide the sponsor with detailed information about the child's needs in order to fully assess the sponsor's ability to provide care and services, including completing a sponsor care plan, when necessary·, htlps://www.acf.hhs.gov/orr/resource/children-entering-the-united-states-unaccompanied-section-2#2.2.1 Exhibit C 000063 5/22 Case 3:18-cv-00428-DMS-MDD Document 289-4 Filed 10/23/18 PageID.4567 Page 13 of 29 10/12/2018 Children \ 1 9 the United States Unaccompanied: Section 21 or~efugee Resettlement I ACF Discuss services that are available in the sponsor's community for the child; and Share relevant information on the unaccompanied alien child in accordance with applicable privacy and information-sharing policies and in collaboration with the unaccompanied alien child and the child's clinician in a way that best serves the child's safety and well-being. The Case Manager's role is also to ensure that information is gathered or shared with the appropriate staff and stakeholders during the sponsor assessment process. The Case Manager provides weekly status updates to the unaccompanied alien child's Case Coordinator and ORR/FFS on the progress in achieving a safe and timely release with family members as well as potential challenges that may delay a release. The Case Manager provides weekly status updates (monthly for children in LTFC) to the UAC on the child's case and provision of seivices, preferably in person. The Case Manager informs other stakeholders of the progress of a child's case, including notification that an unaccompanied alien child may not have a potential sponsor, and any final release decisions. Stakeholders may include local legal service providers and attorneys of record, other local service providers, Child Advocates, post-release ·and home study providers, and other Federal agencies. Case Managers, in collaboration with the ORRIFFS and Case Coordinator, will also work with law enforcement officials regarding an unaccompanied alien child's pending release if the minor has outstanding criminal charges or other issues. Revised 6nl18 2.3.3 Case Coordinators Case Coordinators are non-governmental contractor field staff assigned to one or more care providers primarily to review unaccompanied alien children cases and provide transfer and release recommendations to ORR staff. The Case Coordinator is responsible for integrating all areas of assessment from the Case Manager, Child Advocates, where applicable, and other stakeholders into a release plan that will provide for the unaccompanied alien child's physical and mental well-being. After staffing and reviewing a case, Case Coordinators and Case Managers must agree on a release recommendation. If there is a disagreement or a particularly complex case, then the case will be elevated to the ORRIFFS for further guidance. Providing timely review and assessment of potential sponsors and unaccompanied alien children to make recommendations for release to ORR in conjunction with the Case Manager; Assisting ORR in ensuring that children are placed in the least restrictive setting while receiving all appropriate services; Meeting with individual unaccompanied alien children and care provider staff at designated ORR-funded care provider sites; Providing targeted child welfare-based assistance to care provider staff, as directed by ORR staff; Making recommendations for home study and post-release services for at-risk children; Making placement recommendations for children who require more specialized levels of care, such as long-term foster care and residential treatment centers; Participating in collaborative meetings with local stakeholders; and Participating in staffing of cases with care providers and designated ORR staff. Revised 811116 2.3.4 Child Advocates ORR may appoint Child Advocates (https:lfwww.acf.hhs.gov/programs/orr/resource/children-entering-the-unlted-states-unaccompanied-guideto-terms#Child Advocate) for victims of trafficking and other vulnerable children. Child Advocates are third parties who make independent recommendations regarding the best interests of a child. Their recommendations are based on information that is obtained from the child and other sources (e.g., the child's parents, potential sponsors, government agencies, and other stakeholders). Child Advocates formally submit their recommendations to ORR and/or the immigration court in the form of Best Interest Determinations (BIDs). ORR considers BIDs when making decisions regarding the care, placement, and release of unaccompanied alien children, but it is not bound to follow BID recommendations. As required by the TVPRA, ORR provides Chlld Advocates with access to information necessary to effectively advocate for the best interests of children with whom they are working. After providing proof of appointment, Child Advocates have access both to their clients and to their clients' records. Child Advocates may access their clients' entire original case files at care provider facilities, or request copies from care providers. 6 Further, they may participate in case staffings. Child Advocates and ORR maintain regular communication, informing each other of considerations or updates that impact service provision and release planning. Child Advocates' duties include: Client Visits: The Child Advocate meets with the unaccompanied alien child regularly and speaks with the child's care provider staff in order to understand the child's background and current situation. Decision Making: The Child Advocate helps the unaccompanied alien child understand legal and care-related issues, explains the consequences of decisions made in response to those issues, and assists the child in making decisions when the child requests such help. Best Interests Advocacy: The Child Advocate develops a service plan containing best-interest recommendations with respect to the care, placement, and release options; and keeps the care provider, ORR, and the legal service provider or attorney of record apprised of the plan and advocacy efforts. Exhibit C https:f/www.acf.hhs.gov/orr/resource/children-entering-the-united-states-unaccompanied-section-2#2.2.1 000064 6/22 Case 3:18-cv-00428-DMS-MDD Document 289-4 Filed 10/23/18 PageID.4568 Page 14 of 29 10/12/2018 Children ( ....'\1g the United States Unaccompanied: Section 2 I or"Refugee Resettlement I ACF Case updates: The Child Advocate collaborates and regularly communicates with the care provider, ORR, and other stakeholders in the planning and performance of advocacy efforts. For children who have been released from ORR care, Child Advocates provide timely updates as appropriate or as requested by ORR. In most cases, ORR appoints Child Advocates while children are in its custody. However, in its discretion, ORR may appoint Child Advocates for unaccompanied alien children after their release from ORR care. Posted 811116 2.4 Sponsor Assessment Criteria and Home Studies As noted in the Section 2.2 Application for Safe and Timely Release of an Unaccompanied Alien Child from ORR Care, the application process for release of an unaccompanied alien child involves a number of steps, including background checks (see Section 2.5 ORR Policies on Requesting Background Checks) and submission of the application by the sponsor. This section describes the criteria ORR uses to assess each potential sponsor's ability to provide for the physical and mental wellwbeing of the unaccompanied alien child, and the role of home studies in the process. The sponsor assessment reviews a sponsor's strengths, resources, risk factors and special concerns within the context of the unaccompanied alien child's needs, strengths, risk factors, and relationship to the sponsor. ORR also determines whether to conduct a home study, as required by the law or as necessary to ensure the welfare of the child Revised 3115116 2.4.1 Assessment Criteria ORR considers the following factors when evaluating family members and other potential sponsors: The nature and extent of the sponsor's previous and current relationship with the child or youth and the unaccompanied alien child's family, if a relationship exists. The sponsor's motivation for wanting to sponsor the child or youth. The unaccompanied alien child's parent or legal guardian's perspective on the release to the identified potential sponsor (for cases in which the parent or legal guardian has designated a sponsor). The child or youth's views on the release and whether he or she wants to be released to the individual. The sponsor's understanding of the unaccompanied alien child's needs, as identified by ORR and the care provider. The sponsor's plan to provide adequate care, supervision, access to community resources, and housing. The sponsor's understanding of the importance of ensuring the unaccompanied alien child's presence at all future hearings or proceedings, including immigration court proceedings, and the sponsor's attendance at a Legal Orientation Program for Custodians (LOPC) presentation. See section 2.2.5. The linguistic and cultural background of the child or youth and the sponsor, including cultural, social, and communal norms and practices for the care of children. The sponsor's strengths, resources, and mitigating factors in relation to any risks or special concerns of the child or sponsor, such as a criminal background, history of substance abuse, mental health issues, or domestic violence and child welfare concerns. The unaccompanied alien child's current functioning and strengths in relation to any risk factors or special concerns, such as children or youth who are victims of human trafficking; are a parent or are pregnant; have special needs, disabilities or medical or mental health issues; have a history of criminal, juvenile justice, or gang involvement; or a history of behavioral issues. Revised 1214117 2.4.2 Home Study Requirement The care provider screens each case to determine whether to conduct a home study of the potential sponsor as required under the Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA) (http://www.gpo.gov/fdsys/pkg/BILLS-110hr7311enr/pdf/BILLS-110hr7311enr.pdf). Information about the child is collected during initial placement into an ORR facility and throughout his or her stay. The care provider then uses the information collected about and from the child in conjunction with the sponsor assessment process to determine whether to conduct a home study (https://www.acf.hhs.gov/programs/orr/resource/chlldren-entering-thewunited-states-unaccompanled-gulde-to-terms#Home Study). The TVPRA requires home studies under the following circumstances: 1. The child is a victim of a severe form of trafficking in persons; 2. The child is a special needs child with a disability as defined by section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102); 3. The child has been a victim of physical or sexual abuse under circumstances that indicate that the child's health or welfare has been significantly harmed or threatened; or 4. The child's sponsor clearly presents a risk of abuse, maltreatment, exploitation or trafficking, to the child based on all available objective evidence. https:l/www.acf.hhs.gov/orr/resource/children-enteringwthe-united-stateswunaccompaniedwsectionw2#2.2.1 Exhibit C 000065 7/22 Case 3:18-cv-00428-DMS-MDD Document 289-4 Filed 10/23/18 PageID.4569 Page 15 of 29 10/12/201 B Children ("""1g the United States Unaccompanied: Section 2 I or-Refugee Resettlement] ACF ORR also requires a home study before releasrr 1y any child to a non-relative sponsor who is seeking to sponsor multiple children, or who has previously sponsored or sought to sponsor a child and is seeking to sponsor additional children. ORR requires a home study for children who are 12 years and under before releasing to a non-relative sponsor. In circumstances in which a home study is not required by the TVPRA or ORR policy, the Case Manager and Case Coordinator may recommend that a home study be conducted if they agree that the home study will provide additional information required to determine that the sponsor is able to care for the health, safety and well-being of the child. See Footnote 5. The care provider must inform the potential sponsor whenever a home study is conducted, explaining the scope and purpose of the study and answering the potential sponsor's questions about the process. In addition, the home study report will be provided to the potential sponsor if the release request is denied. See also Section 2.7.7. Home Study Report and Final Recommendation A home study consists of interviews, a home visit, and a written report containing the home study case worker's findings. A home study assesses the potential sponsor's ability to meet the child's needs, educates and prepares the sponsor for the child's release, and builds on the sponsor assessment conducted by the care provider staff to verify or corroborate information gathered during that process. The home study is conducted as a collaborative psycho-educational process in which the home study case worker identifies areas where additional support, resources, or information are needed to ensure a successful sponsorship, and provides corresponding psycho-educational assistance. The final recommendation must present a comprehensive and detailed assessment of the sponsor's ability to care for the needs of the child and address any additional information that emerges during the course of the home study regarding the sponsor, the sponsor's household or the child. The home study provider must contact the care provider within 24 hours of home study referral acceptance, and must also contact the sponsor to schedule the home visit within 48 hours of referral acceptance. The home study provider makes a recommendation to ORR about release with the sponsor. The ORR Federal Field Specialist takes the home study provider's recommendation into consideration when making a release decision. ORR has final authority on release decisions. The home study provider submits the written report within 10 business days of receipt of the referral. Any requests by the home study provider to extend beyond 10 business days or to cancel a home study must be submitted in writing to the ORR Federal Field Specialist for consideration. All releases following home studies require post-release services. Must a child receive a Trafficking Ellgibllity or Interim Assistance Letter from HHS prior to being referred for a TVPRA-mandated home study under #1 above? No, a child does not need to receive a Trafficking Eligibility Letter from HHS prior to being referred for a home study. A care provider may refer a child for a home study under #1 above if, during the assessment for trafficking, the care provider determines the child is a victim of a severe form of trafficking in persons. In determining whether a TVPRAwmandated home study is required under #3 above, care providers consider the following questions: What is physical abuse? Physical abuse is an act that results in physical injury, such as red marks, cuts, welts, bruises, broken bones, missing or broken teeth or muscle strains. Acts of physical abuse include but are not limited to punching, beating, kicking, biting, hilting (with a hand, stick, strap or other object), burning, strangling, whipping, or the unnecessary use of physical restraint. Is physical abuse intentional? Generally, physical abuse is intentional; however, physical abuse can occur when physical punishment goes too far. In other words, an accidental injury of a child may be considered physical abuse if the act that injured the child was done intentionally as a form of punishment. Must a child have physical injuries to meet the standard for physical abuse under #3? No, in some cases, a child may not have physical injuries at the time the care provider makes an assessment. Children may be in various stages of the healing process or thoroughly healed from the physical abuse by the time they arrive in ORR care. For the purposes of #3, who can physically or sexually abuse a child? A parent, legal guardian, caregiver or other adult with a special relationship to the child can physically or sexually abuse a child. Who is considered to be a caregiver or adult with a special relationship? A caregiver is defined as any person who is entrusted with the child's care and who lives with the child. Other adults with a special relationship to the child could include a teacher, priest, or health care provider. Exhibit C 000066 https://www.acf.hhs.gov/orr/resource/children-entering-the-united-states-unaccompanied-section-2#2.2.1 8122 ,, Case 3:18-cv-00428-DMS-MDD Document 289-4 Filed 10/23/18 PageID.4570 Page 16 of 29 ~ 1011212018 Children \ 19 the United States Unaccompanied: Section 2 I Off\ ~efugee Resettlement I ACF What is sexual abuse? Sexual abuse of a child by a parent, legal guardian, caregiver or other adult with a special relationship to the child includes any of the following acts, with or without the consent of the child or youth: Contact between the penis and the vulva or the penis and the anus, including penetration, however slight; Contact between the mouth and the penis, vulva, or anus; Contact between the mouth and any body part where the adult has the intent to abuse, arouse, or gratify sexual desire; Penetration of the anal or genital opening, however slight, by a hand, finger, object, or other instrument where the adult has the intent to abuse, arouse, or gratify sexual desire; Any other intentional contact, either directly or through the clothing, of or with the genitalia, anus, groin, breast, inner thigh, or the buttocks where the intent is to abuse, arouse, or gratify sexual desire; Any attempt, threat, or request by the adult to engage in the activities described above; Any display by the adult of his or her uncovered genitalia, buttocks, or breast in the presence of the child; and Voyeurism. State laws on statutory rape are not the standard in assessing whether a youth has been sexually abused for the purposes of #3. Care providers use the definition from the ORR rule concerning sexual abuse and harassment; however, for the purposes of determining when a home study is required, the perpetrator is limited to a parent, legal guardian, caregiver or other adult with a special relationship to the child. Under what circumstances Is a child's health or welfare considered to have been significantly harmed or threatened? Care providers assess the totality of the circumstances in determining whether a child's health or welfare has been significantly harmed or threatened. ln evaluating a specific case, care providers take into consideration not only the definitions of physical and sexual abuse listed above, but also the circumstances surrounding the incident and any behaviors that the child or youth exhibits as a result of the abuse. Circumstances to consider include but are not limited to: the amount of time that has passed since the abuse, the period of time in which the abuse occurred, the cultural context in which the abuse occurred, the age of the child or youth at the time of the abuse, and the relationship between the youth and the perpetrator. Care providers take into consideration the situations and behaviors listed below, but do not make a determination based solely on the presence or absence of one of them. The child experiences on-going medical issues from physical injuries. The child exhibits negative or harmful behaviors, thoughts or emotions, such as, but not limited to, excessive hostility or aggression towards others, fire setting, cutting, depression, eating disorders suicidal ideation or substance abuse. Jn evaluating difficult cases, the care provider should consult with their ORR/FFS. Revised 119117 2.4.3 Additional Questions and Answers on This Topic Q: What happens if a new sponsor is identified during the sponsor assessment process? A: If there are multiple potential sponsors, the ORR-funded care provider will exhaust all efforts to facilitate a release to a parent or legal guardian while also contacting and evaluating other potential sponsors concurrently. ORR has release order preferences and will evaluate sponsors concurrently in accordance with the preference orders to determine the best placement for the child. Posted 1127115 2.5 ORR Policies on Requesting Background Checks of Sponsors In order to ensure the safety of an unaccompanied alien child and consistent with the statutory requirements under the TVPRA of 2008, ORR requires a background check of all potential sponsors and household members. The background check takes place as soon as the potential sponsor and adult household members have completed the Authorization for Release of Information form, submitted fingerprints, and provided a copy of a valid government issued photo identification. ORR transmits the fingerprints to the Department of Homeland Security to perform criminal and immigration status checks on ORR's behalf. OHS then submits the results to ORR. ORR also conducts additional background checks without going through OHS. Depending on the circumstances, these checks may involve background checks on criminal history (including through the FBI) and child abuse/neglect checks (CAIN) Adult care givers identified in a sponsor care plan also require background checks, as provided in the chart at section 2.5.1. Revised 6n118 Exhibit C https://www.acf.hhs.gov/orr/resource/children-entering-the-united-states-unaccompanied-section-2#2.2.1 000067 9122 Case 3:18-cv-00428-DMS-MDD Document 289-4 Filed 10/23/18 PageID.4571 Page 17 of 29 Children ~1g the United States Unaccompanied: Section 2 I ot(~~qefugee Resettlement I ACF 10/12/2018 2.5.1 Criteria for Background Checks All potential sponsors and adult household members undergo a background check for criminal history and immigration status using fingerprints. These checks are conducted by the Department of Homeland Security on behalf of ORR and OHS then submits the results to ORR. In addition, ORR independently conducts background checks without going through OHS. This independent background check process varies, depending in part on the relationship of the potential sponsor to the unaccompanied alien child: Parents and legal guardians (Category 1) Other immediate adult relatives, such as brother, sister, aunt, uncle, grandparent or first cousin (Category 2) Distant relatives and unrelated adults (Category 3) As a part of this independent background check process, all potential sponsors must undergo a public records check. The following indicates the minimum requirements for the process for sponsors. ORR may require additional checks, verifications, or procedures for sponsors in any category if there are any unresolved issues or questions related to the well-being of the child. The following table lists the types of background checks performed, and explains when they are performed, based on the potential sponsor's relationship to the unaccompanied alien child and other release considerations. The chart identifies when OHS performs the check on ORR's behalf. (See also Section 2.7.4 (https:l/www.acf.hhs.gov/programs/orr/resource/children-entering-the-unlted-states-unaccompanied-section-2#2.7.4), listing findings barring release) Type of Background Check Public Records Check Purpose Persons Checked When Performed Identifies arrests or convictions of sponsors, Potential Sponsors in Categories 1·3. In all cases adult household members, or others. If a check reveals a criminal record or safety issue, it will be used to evaluate the sponsor's ability to Non-sponsor adult household members and adult care givers identified in a sponsor care plan. provide for a child's physical and mental wellbeing. Sex Offender Registry Check, conducted Identifies sponsors and others that have been through the U.S. Department of Just!ce adjudicated as sex offenders through a nat!onal National Sex Offender Public Website search and, if available, a local public registry search. Immigration Status Check conducted by the Department of Homeland Security using fingerprints Potential Sponsors in Categories 1-3. Non-•por,,01· aclull household and adult care givers in a sponsor care plan. Provides information about immigration court Potential Sponsors in Categories 1-3. actions and immigration statuses, including Non-sponsor adult household information about orders of removal. The information is also used to determine whether a members. sponsor care plan is required for release (see Section 2.7.6). Adult care givers identified in a sponsor care plan. National (FBI) Criminal History Check, based on digital fingerprints or digitized paper prints In all cases In all cases. l/vhere a public records check reveals possible disqualifying factors under 2.7.4; or where there is a documented risk to the safety of the unaccompanied alien child, the child is especially vulnerable, and/or the case is being referred for a home study. In all cases. household member has a criminal history, has Non-sponsor adult household been convicted of a sex crime, or has been members. convicted of other crimes that compromise the sponsor's ability to care for a child. givers identified in a sponsor care plan. l/vhere a public records check reveals possible disqualifying factors under 2.7.4; or where there is a documented risk to the safety of the unaccompanied alien child, t~e child ls especially vulnerable, andfor the case is being referred for a home study In all cases. DHS criminal history check, based on Determines whether a sponsor or adult Potential Sponsor in Categories 1-3. digital fingerprints or digitized paper prints. household member has a criminal history, Non-sponsor adult household including: biographic criminal check of the members. national databases, a biographical check for wants and warrants. care givers identified in a https://www.acf.hhs.gov/orr/resource/children-entering-the-united-states-unaccompanied-section-2#2,2.1 l/vhere a public records check reveals Exhibit C 000068 10/22 Case 3:18-cv-00428-DMS-MDD Document 289-4 Filed 10/23/18 PageID.4572 Page 18 of 29 Children the United States Unaccompanied: Section 2 I O<----.,,~efugee Resettlement I ACF \\g 10/12/2018 ' sponsor care plan. possible disqualifying factors under 2.7.4; or where there is a documented risk to the safety of the unaccompanied alien child, the child is especially vulnerable, and/or the case is being referred for a home study. Checks all localities in which the sponsor or In cases that require a home study, and obtained on a state by slate basis as no household member has resided in the past 5 cases where a special concern is identified. national CAIN check repository exists years. Potential Sponsors in Category 3. In all cases. Non-sponsor adult household In any case where a sponsor is required to undergo a CAIN check. members and adult care givers identified in a sponsor care plan. State Criminal History Repository Check Assists in localing police or arrest records, or and/or Local Police Check other criminal offense details, as needed. Potential Sponsors in Categories 1-3. Used on a case-by-case basis when there is an unresolved criminal arrest or issue Non-sponsor adult household that ls still in process. members and adult care givers in a sponsor care plan. Revised 617118 2.5.2 Results of Background Checks on Release Decisions As an entity providing for the health and well-being of children and youth, ORR uses the results from background checks to determine whether release to a potential sponsor is safe. A potential sponsor may be denied a release request, based on the results of a background check, and a release decision may remain undecided until ORR obtains the results of a potential sponsor's criminal history, immigration background checks, or child abuse and neglect reports. The biometric and biographical information, including fingerprints, is shared with Federal, state or local law enforcement agencies and may be used consistent with their authorities, including with the OHS to determine immigration status and criminal history, and with the DOJ to investigate criminal history through the National Criminal Information Center. Criminal History In the event that a background check of a potential sponsor or, if applicable, adult household member, reveals criminal history or a safety risk, the care provider and ORR evaluate this information and request the potential sponsor to provide any additional information that may demonstrate the potential sponsor's ability to provide for the child's physical and mental well-being. If release is not barred by Section 2.7.4 (https:/lwww.acf.hhs.gov/programs/orrfresource/chlldren-enterlng-the-unlted-states-unaccompaniedsection-2#2.7.4), the decision to release a child or youth to a sponsor in these circumstances is based on all the following considerations: The severity of the criminal and/or child abuse/neglect history; The length of time that has passed since the criminal act or child abuse/neglect allegation occurred; The relationship of the potential sponsor and other adult household members to the child or youth; and The evidence, if any, of rehabilitation since the criminal act or child abuse/neglect allegation occurred. In cases where the proposed sponsor or other adult household member has been charged with, but not convicted of, a crime, ORR may postpone a final release decision until the legal issue is resolved. If the sponsor has an outstanding order of removal, or a pending order of removal that is related to an underlying criminal act, the decision to release a child or youth to a sponsor in these circumstances is based on the considerations described above. Sponsor Immigration Status ORR does not disqualify potential sponsors on the basis of their immigration status. ORR uses status information to determine whether a sponsor care plan is necessary in the event the sponsor is required to leave the United States. (See Section 2.6 (https:/!www.acf.hhs.gov/programs/orrlresource/children-entering-the-united-states-unaccompanied-sectlon-2#2.6) Effect of Sponsor Immigration Status on Release of Unaccompanied Allen Children) Summary Table of Results of Background Checks and Next Steps The following table shows procedures following the results of background checks. Background Check Results Next Steps No arrest record; check completed Proceed with release decision-making process. See Section 2.7 Recommendations and https://www.acf.hhs.gov/orr/resource/child ren-entering-the-un ited-states-unaccompa nied-secti on-2#2 .2 .1 Exhibit C 000069 11 /22 Case 3:18-cv-00428-DMS-MDD Document 289-4 Filed 10/23/18 PageID.4573 Page 19 of 29 1011212018 Children ~19 the United States Unaccompanied: Section 2 j OrRefugee Resettlement I ACF Decisions on Release. Criminal arrest record and/or substantiated adverse child welfare findings; check Determine whether release is barred. See Section 2.7.4 Deny Release Request. If completed release is not barred, elevate safety issues for third party review. For any findings that could affect safe release, care provider and/or ORR will obtain additional documents to determine current situation (e.g. sponsor is on probation, criminal charges are resolved, etc.). Final release decision shall take into account the criminal records and all other relevant Information that is available. Immigration status concern (e.g. out of status, no legal status, prior order of removal, Review FBI record and OHS report, and/or Department of Justice/Executive Office of no immigration record for non-citizen) Immigration Review's case status hotline for information related to possible unresolved immigration issues. Pending results; check not complete ORR/FFS will provide instructions to care provider Revised 6fl/18 2.5.3 Additional Questions and Answers on This Topic Q1: Where can a sponsor get his or her fingerprints taken? A1: ORR funds a network of digital fingerprint providers at locations that are not affiliated with law enforcement entities. Sponsors may also go to any local police department for paper fingerprinting services in the event a digital fingerprint provider is not conveniently located near a sponsor's location. Fingerprinting services are not available at ORR headquarters and offices. Q2: Is there a deadline for complying with a fingerprinting request? A2: Yes. When required, fingerprints should be provided within 3 business days of the request. Release may be delayed if fingerprints are not provided promptly. Q3: Are potential sponsors required to disclose to the care provider that they have a record of a criminal charge or child abuse? A3: Yes. The sponsor must immediately advise the care provider of this situation and gather detailed documentation of the charges, dispositions, police reports, and evidence of rehabilitation. Q4: What happens if a public records or sex offender registry check returns dlsquallfylng findings for a sponsor, adult household member, or adult caregiver identified in the sponsor care plan? A4: The Case Manager informs the sponsor, and provides the sponsor with a copy of the results. The sponsor and household member/adult care giver may dispute the results, and provide further evidence or information that a check was not performed correctly (e.g., the wrong date of birth was used, the individual's name was spelled incorrectly, etc.). The Case Manager will rerun the check using the corrected information. If further information is required, such as additional background checks, the Case Manager will work with the sponsor and household member/adult caregiver to obtain the information, or make other arrangements so that the safety risk to the unaccompanied alien child is mitigated (e.g., taking steps so that the household member no longer resides in the sponsor's home, identifying a new adult care giver, etc.). Q5: What happens if an adult household member refuses to cooperate with a background check? AS: ORR denies release when an adult household member refuses to have a background check. Revised 6fl/18 2.6 Sponsor Immigration Status and Release of Unaccompanied Alien Children ORR does not disqualify potential sponsors on the basis of their immigration status. ORR does seek immigration status information, but this is used to determine if a sponsor care plan will be needed if the sponsor needs to leave the United States; it is not used as a reason to deny a family reunification application. The biometric and biographical information, including fingerprints, is shared with Federal, state or local law enforcement agencies and may be used consistent with their authorities, including with the OHS to determine immigration status and criminal history, and with the DOJ to investigate criminal history through the National Criminal Information Center. Revised 617118 2.6.1 Application Process How does ORR obtain Information about Immigration status? ORR asks potential sponsors and adult household members for their Alien Registration Number on the Authorization for Release of Information form. In Exhibit C https:/lwww.acf.hhs.gov/orr/resource/child ren-e nteri ng-the-united-states-unaccom panied-secti on-2#2.2 .1 000070 12/22 Case 3:18-cv-00428-DMS-MDD Document 289-4 Filed 10/23/18 PageID.4574 Page 20 of 29 10/12/2018 Children ['1g the United States Unaccompanied: Section 21 OrRefugee Resettlement J ACF addition, as described below, ORR requires sponsors to provide fingerprints for background checks, and those checks may produce information about the individual's immigration status. During the sponsor assessment process, case managers also ask sponsors about their immigration status. Revised 6/1118 2.6.2 Fingerprints Who must provide fingerprints as part of the release process? All individuals seeking to sponsor a UAC and adults in their household are subject to fingerprinting requirements. What does ORR use the fingerprints for? Using digital fingerprints or digitized paper prints, the HHS PSC, on behalf of ORR, conducts a check of the FBI national criminal history and state repository records. ORR also transmit fingerprints to the Department of Homeland Security to search criminal and immigration databases on ORR's behalf and transmit the results to ORR. Revised 6n/18 2.6.3 Other Background Checks Related to Immigration Reserved. Revised 6fl/18 2.6.4 Results of Immigration-Related Checks What does ORR do with the results of the FBI fingerprint and OHS checks? The information may be used to determine if a sponsor care plan will be needed in the event that the sponsor needs to leave the United States. In addition, if the basis for an immigration action is underlying criminal activity, ORR and its grantee will review the underlying criminal activity to determine if it is reason to disqualify the potential sponsor, as ORR does when evaluating other criminal activity uncovered during the fingerprint process, but unrelated to immigration actions. Who else may have access to the results of the FBI fingerprint checks? ORR does not release the results of the FBI fingerprints to outside organizations or individuals, other than ORR grantees that are caring for the children. The FBI and OHS databases contain overlapping records, and the FBI system automatically initiates a notification to the OHS system if a particular record has been searched. What Is in a sponsor care plan? A sponsor care plan identifies the individual that will assume care of an unaccompanied alien child if the sponsor becomes unable to care for the child, see Section 2.7.6. Revised 6fl/18 2.7 Recommendations and Decisions on Release ORR care providers must make a recommendation to release a child to a potential sponsor after the care provider has evaluated the sponsor, completed the background checks, and collected necessary documentation to prove the sponsor's identity and relationship to the child or youth. The recommendation must take into consideration all relevant information, including the report and recommendations from a home study, if conducted; laws governing the process; and other factors in the case. The ORR care provider makes a recommendation for release if the care provider concludes that the release is safe and the sponsor can care for the physical and mental well-being of the child. The care provider Case Manager (https:/lwww.acf.hhs.gov/programs/orr/resource/chlldren-enterlng-the-unlted-states-unaccompaniedguide-to-terms#Case Manager)and the Case Coordinator (https://www.acf.hhs.gov/programs/orr/resource/children-entering-the-unitedstates-unaccompanled-gulde-to-terms#Case Coordinators)must make a recommendation to the ORR/FFS (https:flwww.acf.hhs.gov/programs/orr/resource/chlldren-enterlng-the-unlted-states-unaccompanied-gulde-to-terms#ORR/Federal Field Specialist) on the release of the unaccompanied alien child to a particular sponsor. If the Case Manager and Case Coordinator cannot agree on a particular recommendation, or if the case is particularly complicated, they may refer the case directly to an ORR/FFS for guidance on how to proceed. After receiving the recommendation, the ORR/FFS (https:/lwww.acf.hhs.gov/programs/orr/resource/children-entering-the-united-statesunaccompanied-guide-to-terms#ORR/Federal Field Specialist)or other ORR/Headquarters staff (https://www.acf.hhs.gov/programs/orr/resource/chlldren-enterlng-the-unlted-states-unaccompanled-guide-to-terms#ORR/Headquarters Staff)reviews the recommendation. The ORR/FFS makes a release decision in consideration of the recommendations from the care provider, the Case Coordinator, and other stakeholders, including the home study provider and the Child Advocate, where applicable. https://www.acf.hhs.gov/orr/resource/children-entering-the-united-states-unaccompanied-section-2#2.2.1 Exhibit C 000071 13/22 Case 3:18-cv-00428-DMS-MDD Document 289-4 Filed 10/23/18 PageID.4575 Page 21 of 29 ~' Children\ 19 the United States Unaccompanied: Section 10/12/2018 21 O~~~ '=(:efugee Resettlement I ACF Only ORR (or ACF) has the authority to make the final decision on a release. The Case Manager, Case Coordinator, and other stakeholders have an important role in making recommendations. In some cases, the ORR/FFS may send a case back to the Case Coordinator and Case Manager to obtain additional information before he/she makes a release decision. The ORRIFFS makes one of the following release decisions: Approve release to sponsor Approve release with post-release services Conduct a home study before a final release decision Deny release Remand for further information Revised 06129118 2.7.1 Approve Release Decisions A recommendation for a release without a home study or post-release services is made after a thorough assessment of the sponsor, the sponsor's family unit, and the needs of the child or youth are taken into consideration. The ORR/FFS makes this release decision when he/she determines that the release is a safe release, the sponsor can care for the health and well-being of the child, and the sponsor understands that the child is to appear for all immigration proceedings. Posted 1127115 2.7.2 Approve Release with Post-Release Services The ORR/FFS may approve a release with post-release services when the release is determined to be safe and appropriate, but the unaccompanied alien child and sponsor need additional assistance to connect them to appropriate resources in the community or to address other concerns, such as mental health or other needs that could benefit from ongoing assistance from a social welfare agency. The sponsor must consent before services may be provided and may withdraw his or her consent at any time after seivices have begun, since post-release services are a voluntary service. These services are provided for 6 months after the unaccompanied alien child is released to the sponsor, unless ORR determines that services should be provided for a shorter or longer period of time. Post- release services do not continue under any circumstances beyond an unaccompanied alien child's 18th birthday. Posted 1127115 2.7.3 Conduct a Home Study Before a Final Release Decision Can Be Made The Case Manager and Case Coordinator will recommend to the ORR/FFS that a home study be conducted prior to making a release recommendation. If the ORR/FFS agrees, he/she will approve that a home study be conducted before a final release decision can be made. The home study provider uses a standardized template to complete the review; however, the provider may include any additional supporting documentation regarding the sponsor or the child or youth, as applicable. Once the Case Manager and Case Coordinator receive the home study results, they will review the case in light of the home study and make a release recommendation to the ORR/FFS. (See Section 2.4.2 Home Study Requirements. (https://www.acf.hhs.gov/programs/orr/resource/childrenentering-the-united-states-unaccompanied-section-2#2.4.2)) Posted 1127115 2.7.4 Deny Release Request ORR will deny release to a potential sponsor if any one of the following conditions exists: The potential sponsor is not willing or able to provide for the child's physical or mental well-being; The physical environment of the home presents risks to the child's safety and well-being; or Release of the unaccompanied alien child would present a risk to him or herself, the sponsor, household, or the community. ORR may deny release to a Category 1 potential sponsor, and will deny release to a Category 2 or Category 3 potential sponsor, if any one of the following conditions exists:& The potential sponsor or a member of the potential sponsor's household: o Has been convicted of (including plea of no contest to) a felony involving child abuse or neglect, spousal abuse; a crime against a child or children (including child pornography); or a crime involving violence, including rape, sexual assault or homicide; o Has been convicted within the last five years of a felony involving physical assault, battery, or drug-related offenses; o Has been convicted of a misdemeanor for a sex crime, an offense involving a child victim, or a drug offense that compromises the sponsor's ability to ensure the safety and well-being of the child; o Has been convicted of alien smuggling or a crime related to trafficking in persons; or https://www.acf.hhs.gov/orr/resource/children-entering-the-united-states-unaccompanied-section-2#2.2.1 Exhibit C 000072 14/22 Case 3:18-cv-00428-DMS-MDD Document 289-4 Filed 10/23/18 PageID.4576 Page 22 of 29 Children (,....."""\1g the United States Unaccompanied: Section 21 Off~qefugee Resettlement I ACF 10/12/2018 \ I o Has other criminal history or pending criminal charges or child welfare adverse findings from which one could reasonably infer that the sponsor's ability to ensure the safety and well . . being of the child is compromised; or A potential sponsor or a member of the potential sponsor's household has one of the following substantiated adverse child welfare findings: 9 o Severe or chronic abuse or neglect; o Sexual Abuse or other sexual offenses; o Abuse or neglect of other children in the household; o Long-term mental illness or deficiency; o Long-term alcohol or drug induced incapacity; or o Involuntary termination of the parental rights to another child. Revised 3115116 2.7.5 Remand Release Request- Decision Pending The ORRIFFS may remand the release request, which means that the ORR/FFS is sending the recommendation back to the Case Manager for additional information or additional actions before a final release decision can be made. ORR records the date of the remand and the decision will be pending further review until the documentation is provided or actions are taken. Posted 1127115 2.7.6 Issues Related to Recommendations and Decisions Safety Plan Case managers, in consultation with Case Coordinators, will prepare a safety plan, as needed, to address any outstanding needs the child may have after he/she is released and to ensure the child's safe and successful integration into the sponsor family unit and community. The goal of the safety plan is to ensure the child's safety. The safety plan also has guidance for sponsors on participating in post...release services and on other areas of care critical to the child's adjustment in the family and the community, such as maintaining mental health services for the unaccompanied alien child, accessing any needed special education, helping the child avoid drugs and alcohol, and using appropriate parenting techniques. Sponsor Care Plan A sponsor care plan identifies an adult care giver who will assume care of an unaccompanied alien child if the sponsor becomes unable to care for the child. ORR requires a sponsor care plan for sponsors who may leave the United States, including all sponsors who are not U.S. citizens or lawful permanent residents (green card holders). The goal is to ensure an unaccompanied alien child has a caregiver, despite any complications resulting from the sponsor's immigration situation. The plan: Identifies an adult care giver, and their relationship to the UAC and sponsor, if any; Includes copies of the adult care giver's vetting information (background check results, identifying documentation, etc.); Includes the adult care giver's contact information; Discusses how the adult care giver is notified that a transfer of care is required, if required; Provides that the adult care giver will abide by the terms of the Sponsor Care Agreement, Includes the date the UAC's Case Manager discusses the plan with the child's sponsor and the adult care giver identified in the plan; and, Includes additional information and materials (e.g., a Safety Plan), as appropriate or when required by ORR. A copy of the sponsor care plan is maintained in the UAC's case file, provided to the sponsor, and to the adult care giver identified in the plan. Revised 6fi/18 2.7.7 Notification of Denial If the ORR Director denies the reunification application of an unaccompanied alien child's parent or legal guardian, the ORR Director notifies the parenUlegal guardian by sending a denial letter to the parent/legal guardian within 30 business days of receiving all the required information and documentation in a specific case. If the sole reason for denial of release is concern that the unaccompanied alien child is a danger to himself/herself or the community, the ORR Director sends a copy of the denial letter to the child. The denial letter includes: An explanation of the reason(s) for the denial; Instructions on how to obtain the child's case file; The supporting materials and information that formed the basis for ORR's decision; and https://www.acf.hhs.gov/orr/resource/children-entering . .the-united. . states-unaccompanied-section-2#2.2.1 Exhibit C 000073 15122 Case 3:18-cv-00428-DMS-MDD Document 289-4 Filed 10/23/18 PageID.4577 Page 23 of 29 Children (,,.~-\1g the United States Unaccompanied: Section 21 OrRefugee Resettlement I ACF 10/12/2018 An explanation of the process for requesting an appeal of the denial (see Section 2.7.8 (https:/lwww.acf.hhs.gov/orr/resource/children-enterlngthe-united-states-unaccompanled-sectlon-2#2.7.8)). The explanation also informs the prospective sponsor that he or she may submit additional information to support an appeal request. If ORR denies sponsorship to a potential sponsor who is not the parent or legal guardian of the child, the care provider notifies the potential sponsor, providing the reasons for the denial verbally. If the sole reason for denial of release is concern that the unaccompanied alien child is a danger to himself/herself or the community, the Director notifies the child in writing of the reason for denial as described above. Revised 512117 2.7.8 Appeal of Release Denial The parent/legal guardian may seek an appeal of the ORR Director's denial decision by submitting a written request to the Assistant Secretary for Children and Families within 30 business days of receipt of the final decision from the ORR Director. The appeal request must state the basis for seeking the appeal, and may include any additional information that the requester believes is relevant to consideration of the request. The request may seek an appeal without a hearing or may seek a hearing. Without a Hearing: If the requester seeks an appeal without a hearing, the Assistant Secretary will consider only the denial letter and the information referenced therein, as well as the appeal request and any additional supporting materials or information submitted by the requester. The Assistant Secretary will notify the requester of a decision within 30 business days of receiving the request. If more information is needed to make a decision, or for good cause, the Assistant Secretary may stay the request until he or she has the information needed. In these cases, the Assistant Secretary will send a written explanation to the parent/legal guardian, communicating a reasonable process and timeframe for addressing the situation and making a determination. With a Hearing: If the requester seeks a hearing, the Assistant Secretary will schedule a teleconference or video conference, per the requester's preference, at which time the requester (or the requester's representative) may explain the reasons why he or she believes the denial was erroneous. The Assistant Secretary will consider the testimony and evidence presented at the hearing, in addition to the original denial letter and information referenced therein, to make a determination. The Assistant Secretary will notify the requester of the decision in writing within 30 business days following the hearing. The Assistant Secretary makes a determination based on the relevant law, regulations, and policies concerning release decisions (see Section 2.7.4 (https:l/www.acf.hhs.gov/orr/resource/children-entering-the-united-states-unaccompanied-section-2#2.7.4) for the basis of a release denial). Any evidence submitted to the Assistant Secretary by ORR is shared with the requester in compliance with privacy protections. The Assistant Secretary conducts a de nova review and may affirm or overturn the ORR Director's decision, or send the case back to ORR for further action. Appeals are recorded, and the requester may request a copy of the recording. The Assistant Secretary's decision to affirm or overrule the ORR Director's decision to deny release to a parenUlegal guardian is the final administrative decision of the agency on the application that had been under consideration. However, if there is new information or a change in ci~cumstances regarding the reunification application of a parent/legal guardian, or regarding the unaccompanied alien child's circumstances, a new reunification application may be submitted that highlights the change(s) and explains why such changes should alter the initial decision. Similarly, if ORR discovers new information or becomes aware of a change in the circumstances of the parenVlegal guardian andlor the unaccompanied alien child, ORR may assess the case anew. Denial for sole reason that the unaccompanied alien child is a danger to himself/herself or the community If the sole reason for denial of release is concern that the unaccompanied alien child is a danger to himself/herself or the community, the unaccompanied alien child may seek an appeal of the denial as described above, provided the parenVlegal guardian is not seeking an appeal. If the child expresses a desire to seek an appeal, ORR appoints a child advocate to assist the unaccompanied alien child in seeking the appeal. The unaccompanied alien child may seek such appeal at any time after denial of release while the child is in ORR custody. Revised 512/17 2.8 Release from Office of Refugee Resettlement (ORR) Custody Release from the ORR custody is a three-step process: After care planning, which occurs during the entire safe and timely release process. Transfer of physical custody of the child, which occurs as soon as possible once an unaccompanied alien child is approved for release. Closing the case file, which occurs within 24 hours of the unaccompanied alien child's discharge. Posted 1127115 2.8.1 After Care Planning Throughout the release process, care providers work with the child and sponsor so that they can plan for the child's after care needs. This involves working with the sponsor and the unaccompanied alien child to: Exhibit C https://www.acf.hhs.gov!orr/resource/children-entering-the-united-states-unaccompanied-section-2#2.2.1 000074 16/22 Case 3:18-cv-00428-DMS-MDD Document 289-4 Filed 10/23/18 PageID.4578 Page 24 of 29 Children ('1g the United States Unaccompanied: Section 2 I Off~-qefugee Resettlement I ACF 10/12/2018 Prepare them for post-ORR custody Assess the sponsor's ability to access community resources Provide guidance regarding safety planning, sponsor care plans, and accessing services for the child Once the sponsor assessment is complete and a sponsor has been approved, the sponsor enters into an agreement with the Federal government in which he or she agrees to comply with the following provisions (see Sponsor Care Agreement) {https://www.acf.hhs.gov/programs/orr/resource/unaccompanied-childrens-services#Famlly Reunification Packet for Sponsors): Provide for the physical and mental well-being of the child, including but not limited to, food, shelter, clothing, education, medical care and other services as needed. For those who are not the child's parent or legal guardian, make best efforts to establish legal guardianship with the local court within a reasonable time. Attend a legal orientation program provided under the Department of Justice/Executive Office for Immigration Review's (EOIR) Legal Orientation Program for Custodians (Sponsors), if available where he or she resides. Depending on where the unaccompanied alien child's immigration case is pending, notify the local Immigration Court or the Board of Immigration Appeals within 5 days of any change of address or phone number of the child (Form EOIR-33). (If applicable, file a Change of Venue motion on the child's behalf. 10 (https://www.acf.hhs.gov/o rr/resou reel chi Id re n-enteri ng-the-u nited..states-unaccompanied-section-2#foot1 0) A "change of venue" is a legal term for moving an immigration hearing to a new location.) Notify the DHS/U.S. Citizenship and Immigration Services within 10 days of any change of address by filing an Alien's Change of Address Card (AR11) or electronically at http://www.uscis.gov/ (http://www.uscis.gov/ar-11)ar-11 (http://www.uscis.gov/ar-11)Visit (https:llwww.acf.hhs.gov/disclaimers) disclaimer page {https://www.acf.hhs.gov/dlsclalmers}. Ensure the unaccompanied alien child's presence at all future proceedings before the OHS/Immigration and Customs Enforcement (ICE) and the DOJ/EOIR. Ensure the unaccompanied alien child reports to ICE for removal from the United States if an immigration judge issues a removal order or voluntary departure order. Notify local law enforcement or state or local Child Protective Services if the child has been or is at risk of being subjected to abuse, abandonment, neglect or maltreatment or if the sponsor learns that the child has been threatened, has been sexually or physically abused or assaulted, or has disappeared. (Notice should be given as soon as it is practicable or no later than 24 hours after the event or after becoming aware of the risk or threat.) Notify the National Center for Missing and Exploited Children at 1-800-843-5678 if the unaccompanied alien child disappears, has been kidnapped, or runs away. (Notice should be given as soon as it becomes practicable or no later than 24 hours after learning of the child's disappearance.) Notify ICE at 1-866-347-2423 if the unaccompanied alien child is contacted in any way by an individual(s) believed to represent an alien smuggling syndicate, organized crime, or a human trafficking organization. (Notice should be provided as soon as possible or no later than 24 hours after becoming aware of the information.) In case of an emergency, such as serious illness, destruction of home, etc., temporarily transfer physical custody of the child to another person who will comply with the terms of the Sponsor Care Agreement. In the event that a sponsor who is not the child's parent or legal guardian is no longer able and willing to care for the unaccompanied alien child and is unable to temporarily transfer physical custody, notify ORR using the ORR National Call Center, at 1-800-203-7001. The agreement includes the notice that the release of the unaccompanied alien child to the sponsor's care does not grant the child any legal immigration status and that the child must present himself or herself for immigration court proceedings. The care provider also provides the sponsor with a Sponsor Handbook that outlines the responsibilities in caring for the unaccompanied alien child's needs for education, health, obtaining legal guardianship, finding support to address traumatic stress, keeping children safe from child abuse and neglect and from trafficking and exploitation. The handbook reiterates the importance of continuing with immigration proceedings and includes links to EOIR's website and forms. The handbook discusses laws related to employment, such as the Federal law prohibiting minors under the age of 18 from working in hazardous occupations. After care planning includes the care provider explaining the following to the unaccompanied alien child and the sponsor: The U.S. child abuse and neglect standards and child protective services that are explained on the Administration for Children and Families Child Welfare Information Gateway (https:/lwww.childwelfare.gov/) website. Human trafficking indicators and resources Basic safety and how to use the 9-1-1 number in emergency situations. The care provider notifies all stakeholders of the child's discharge date and change of address and venue, as applicable. Where applicable, ORR also provides Child Advocates with access to their clients' documents and forms, and helps child advocates to remain informed about their clients' after-care plans and legal proceedings. The care provider coordinates with the legal service provider or attorney of record to help complete the necessary legal forms. Stakeholders notified of the change of address and, if applicable, request for change of venue for the immigration case include the U.S. Immigration and Customs Enforcement (ICE) Office of Chief Counsel and the U.S. Executive Office for Immigration Review (EOlR) Immigration Court Administrator. Exhibit C https://www.acf.hhs.gov/orr/resource/children-entering-the-unlted-states-unaccompanied-section-2#2.2.1 000075 17/22 r'\g Case 3:18-cv-00428-DMS-MDD Document 289-4 Filed 10/23/18 PageID.4579 Page 25 of 29 1011212018 Children Revised 6n11 B the United States Unaccompanied: Section 2 I Off~·~efugee Resettlement I ACF 2.8.2 Transfer of Physical Custody Once ORR approves an unaccompanied alien child for release, the care provider collaborates with the sponsor to ensure physical discharge happens as quickly as possible (within 3 calendar days after ORR approves the release). The care provider notifies DHS prior to the physical release to allow OHS an opportunity to comment on the imminent release as well as time to prepare any OHS paperwork for the ICE Chief Counsel's office. The care provider ensures that all the child's belongings-including those he or she had at the time they entered ORR custody and any they acquired during their stay-are given to the child and sponsor at time of release. The care provider also makes sure t~at the child and sponsor have copies of files or papers needed for the child to obtain medical, educational, legal or other services following release. Whenever possible, sponsors are expected to come to the care provider or to an offsite location designated by the care provider for the transfer of physical custody of the child. Under extenuating circumstances (e.g., a sponsor cannot travel due to a medical condition), ORR may approve an unaccompanied alien child to be escorted to a sponsor. Similarly, if a sponsor pick-up would result in delay of a timely release of the child, ORR may approve an escort for an unaccompanied alien child. If an unaccompanied alien child's final destination involves air travel and the sponsor will not be traveling with the child, the care provider must follow the procedures in the table below concerning care provider escorts and airline escorts. Unaccompanied alien children who are under the age of 14 years old traveling via air may only be escorted by care provider staff, unless an ORR/FFS Supervisor has approved the use of an airline escort in advance. The sponsor is responsible for the unaccompanied alien child's transportation costs and, if the care provider is escorting the child, for the care provider's transportation or airfare. If an airline escort is used, the sponsor is responsible for paying the airline's unaccompanied alien minor service fee. Under no circumstances will ORR pay for the sponsor's airfare. The following table summarizes procedures for each method of transfer. Method of Transfer Pre-transfer Steps point of Transfer Sponsor pick-up at care provider Case manager collaborates with the sponsor Care provider checks the sponsor's identification upon arrival by comparing it to facility on selecting a date and lime for the sponsor to the identification previously submitted by the sponsor in the FRP (see pick-up the child Section 2.2.4) Case manager notifies the sponsor that If the sponsor's identification matches the Identification previously submitted, he/she is required to bring the same valid care provider gives the sponsor the unaccompanied alien child's release government issued photo identification documents and personal possessions previously submitted by the sponsor in the Care provider advises the sponsor, if traveling by airplane, to check in the child FRP (see Section 2.2.4) at the ticket counter with a copy of the child's DHS form 1-862, Notice to Appear Care provider may not release the child unless the sponsor presents the same valid government issued photo identification he or she submitted in the FRP. Care provider escort to offsite Case manager collaborates with the sponsor transfer location in selecting a time and location for transfer, child at the ticket counter with a copy of the child's DHS form 1-862, Notice to and flights for the child and care provider Appear escort At the transfer location, care provider escort compares the sponsor's If traveling by air, at the departure airport, care provider escort checks in the Case manager notifies the sponsor that identification with the copy previously submitted by the sponsor in the FRP. If he/she is required to bring the same valid the identification documents correspond, care provider escort releases the child government issued photo identification to the sponsor and provides the sponsor with the release documents and the previously submitted by the sponsor in the child's personal effects and papers FRP to the transfer location Care provider escort may not release the child unless the sponsor presents the Case manager arranges for the sponsor to same valid government issued photo identification he or she submitted in the pay for the child and care provider escort's FRP. If the sponsor does not produce valid identification, if the care provider transportation costs, including air1ine tickets escort has concerns regarding the sponsor's identity, or if the care provider where applicable escort has concerns regarding the safety of the situation upon meeting the Case manager prepares a copy of the sponsor, the care provider escort will return with the child to the care provider sponsor's identification that was submitted In facility the FRP, for the care provider escort to take to the transfer location Exhibit C https:l/www.acf.hhs.gov/orr/resource/children-entering-the-united-states-unaccompanied-section-2#2.2. 1 000076 18/22 Case 3:18-cv-00428-DMS-MDD Document 289-4 Filed 10/23/18 PageID.4580 Page 26 of 29 1011212018 Children (1g the United States Unaccompanied: Section 2] otr(~efugee Resettlement I ACF Travel via airline's Case manager contacts the airline to obtain unaccompanied alien minor information on airline escort requirements, in at the ticket counter with a copy of the DHS form l·B62, Notice to Appear, apd a escort pol!cy (only for youth 14 order to ensure that they are adequate to copy of the approved identification of the sponsor picking up the child protect the safety of the child, and to ensure At the departure airport, care provider gives the child their personal years of age and older) At the departure airport, care provider checks in the unaccompanied alien child that both the sponsor and the care provider possessions and documents and a copy of the sponsor's approved can meet the requirements identification, and mails an additional copy of the release documents to the Case manager arranges for the sponsor to sponsor pay for the child's airplane ticket and for the At the destination airport, the sponsor arrives two hours before the child's airline unaccompanied alien minor escort fee arrival time, and contacts the care provider Immediately to check in. Case manager ensures that the government The airline follows its standard procedures for escorting a child traveling alone Issued photo identification submitted by the to the designated parent or guardian sponsor in the FRP will be acceptable to the The care provider contacts the sponsor shortly after the child's scheduled airline to complete custody transfer arrival time to confirm the child's transfer from the airline representative to the The care provider instructs the sponsor to sponsor meet the unaccompanied alien child and If the sponsor fails to arrive at the airport or fails to contact the care provider escort at the airport with the identification upon arrival at the airport, the care provider will notify the ORR/FFS and the they submitted in the FRP, and to follow the Project Officer, and the child will either be returned to the care provider or taken requirements of the airline's unaccompanied to another nearby care provider facility. alien minors escort policy When arranging for children to travel with airline escorts, care providers should also refer to the U.S. Department of Transportation recommendations for unaccompanied alien minors traveling by air ("When Kids Fly Alone"). Revised 3114116 2.8.3 Closing the Case File The care provider completes a Discharge Notification form within 24 hours of the physical discharge of a youth, and then emails the form to OHS and other stakeholders. Once a child is released to a sponsor, ORR's custodial relationship with the child terminates. Although the custodial relationship ends, the care provider keeps the case file open for 30 days after the release date in order to conduct the Safety and Well Being Follow Up Call (see Section 2.8.4) and document the results of the call in the case file. The care provider closes the case file record after completing the Safety and Well Being Follow Up Call. Revised 3114116 Section 2.8.4 Safety and Well Being Follow Up Call Care providers must conduct a Safety and Well Being Follow Up Call with an unaccompanied alien child and his or her sponsor 30 days after the release date. The purpose of the follow up call is to determine whether the child is still residing with the sponsor, is enrolled in or attending school, is aware of upcoming court dates, and is safe. The care provider must document the outcome of the follow up call in the child's case file, including if the care provider is unable to contact the sponsor or child after reasonable efforts have been exhausted. If the follow up call indicates that the sponsor and/or child would benefit from additional support or services, the care provider must refer the sponsor or child to the ORR National Call Center and provide the sponsor or child the Call Center contact information. If the care provider believes that the child is unsafe, the care provider must comply with mandatory reporting laws, State licensing requirements, and Federal laws and regulations for reporting to local child protective agencies and/or law enforcement Revised 3114116 2.8.5 Post-Release Services for UAC with Zika Virus Disease or Infection Testing ORR follows CDC guidance and recommendations for Zika virus laboratory testing. CDC recommends testing for all pregnant UAC without symptoms, but who are from or traveled through areas with ongoing Zika virus transmission and are within 2-12 weeks of arrival in the United States. Other UAC who develop two or more symptoms consistent with Zika may be tested for Zika virus upon consultation with a healthcare provider. Post-Release Referrals Pregnant UAC who are diagnosed with Zika virus disease, have laboratory results compatible with Zika virus infection, or have laboratory results that cannot rule out Zika virus infection will be referred for post-release services. Similarly, UAC who delivered while in ORR care will be referred for postExhibit C https:lfwww.acf.hhs.gov/orr/resource/children-entering-the-united-states-unaccompanied-section-2#2.2. 1 000077 19122 Case 3:18-cv-00428-DMS-MDD Document 289-4 Filed 10/23/18 PageID.4581 Page 27 of 29 Children \'1g the United States Unaccompanied: Section 21 Ot(~-~~7 Last Reviewed: July 27, 2018 Exhibit C https://www.acf.hhs.gov/orr/resource/children-entering-the-united-states-unaccompanied-section-2#2.2.1 000080 22/22 Case 3:18-cv-00428-DMS-MDD Document 289-5 Filed 10/23/18 PageID.4584 Page 1 of 4 Exhibit D Exhibit D 000081 Case 3:18-cv-00428-DMS-MDD Document 289-5 Filed 10/23/18 PageID.4585 Page1 of 2 of Frequently Asked Questions(e-1:0 Tolerance Immigration Prosecutions (,Jl\\meland Secur... Page 3 4 llilU§§ Official website of the Department of Homeland Security U.S. Dep rlt~~fch Term Homeland eow1Uiys.gov Frequently Asked Questions: Zero Tolerance Immigration Prosecutions Release Date: June 15, 2018 The Attorney General directed United States Attorneys on the Southwest Border to prosecute all amenable adults who illegally enter the country, including those accompanied by their children, for 8 U.S.C. § 1325(a), illegal entry. Children whose parents are referred for prosecution will be placed with the Department of Health and Human Services (HHS), Office of Refugee Resettlement (ORR). The following are Frequently Asked Questions regarding Zero Tolerance Immigration Prosecutions. Why Are Parents Being Separated From Their Children? The Department of Homeland Security (DHS) may separate a parent or legal guardian from his or her child for several reasons, including situations where DHS cannot ascertain the parental relationship, when DHS determines that a child may be at risk with the presumed parent or legal guardian, or if a parent or legal guardian is referred for criminal prosecution, including for illegal entry. Where Are Children Going? Alien children who are separated from their parents or legal guardians will be transferred to the Department of Health and Human Services, Office of Refugee Resettlement (HHS ORR). Exhibit D 000082 https://www.dhs.gov/news/2018/06/15/frequently-asked-questions-zero-tolerance-immigr... 10/12/2018 Case 3:18-cv-00428-DMS-MDD Document 289-5 Filed 10/23/18 PageID.4586 Page 3 of 4 Frequently Asked Questions(~o Tolerance Immigration Prosecutions (~meland Secur ... Page 2 of 3 What Happens to Children in HHS Custody? HHS ORR provides care for all alien children in its custody, to include medical care, mental health care, educational services, and other services. HHS also works to locate a sponsor (parent, guardian, other adult relative, or foster care provider) for the children in its custody, for purposes of releasing the child from government custody. What Happens After Criminal Prosecution? Parents or legal guardians who are charged with illegal entry will be transferred from DHS to the Department of Justice, where they will be presented to a judge for a hearing on their criminal case. After completion of criminal proceedings, they will be transferred to U.S. Immigration and Customs Enforcement (ICE) for immigration proceedings. Any individual who is subject to removal may, in the course of immigration proceedings, seek asylum or other relief or protection from removal. The fact that an individual was prosecuted for illegal entry does not affect this right. HHS and ICE can take steps to facilitate family reunification, for purposes of removal, if the potential sponsor is capable of providing for the physical and mental well-being of the child .. and comports with the wishes of the parent or legal guardian. Children may also present an individual claim for asylum or other relief or protection from removal, and depending on the circumstances, may undergo separate immigration proceedings. How Can I Communicate With My Child? For parents or legal guardians detained in ICE custody, ICE and HHS will work to schedule regular communication with their children in HHS custody, through telephone and/or video conferencing. Exhibit D 000083 https ://www.dhs.gov/news/2018/06/ 15/frequently-asked-questions-zero-tolerance-immigr... 10/12/2018 Case 3:18-cv-00428-DMS-MDD Document 289-5 Filed 10/23/18 PageID.4587 Page 4 of Frequently Asked Questions(.i:o Tolerance Immigration Prosecutions (~meland Secur... Page 3 of 3 4 Additionally, individuals may locate and communicate with their children through the following methods: • HHS Parent Hotline (24 hours a day, 7 days a week, in both English and Spanish): 0 0 0 If calling from outside an ICE detention facility, call 1-800-203-7001. If calling from an ICE detention facility, dial 699# on the free call platform. Please note that you will need to provide the child's full name, date of birth, and country of origin. It is also helpful to provide the child's alien registration number, if you know it. • Email ORR at information@ORRNCC.com (mailto:information@ORRNCC.com) Individuals may also obtain information about a particular immigration case (including their child's), or information about reunifying with their children, through the following methods: • ICE Call Center (Monday-Friday, 8 am-8 pm EST): 0 0 If calling from outside an ICE detention facility, call 1-888-351-4024. If calling from an ICE detention facility, dial 9116# on the free call platform. • Email ICE at Parental.lnterests@ice.dhs.gov (mailto:Parental.lnterests@ice.dhs.gov) Topics: Border Security (/topics/border-security), Immigration and Customs Enforcement (/topics/immigrationenforcement) Keywords: Border Security (/keywords/border-security), Family detention (/keywords/family-detention), southwest border (/keywords/southwest-border) Last Published Date: June 15, 2018 Exhibit D 000084 https://www.dhs.gov/news/2018/06/15/frequently-asked-questions-zero-tolerance-immigr... 1Oil2/2018 Case 3:18-cv-00428-DMS-MDD Document 289-6 Filed 10/23/18 PageID.4588 Page 1 of 5 Exhibit E Exhibit E 000085 Case 3:18-cv-00428-DMS-MDD Document 289-6 Filed 10/23/18 PageID.4589 Page 2 of 5 Page 1 of4 .,Duties of a Guardian - gurJShip_famlaw_selfhelp CALIFORNIA COURTS THE JUDICIAL BRANCH OF CALIFORNIA Duties of a Guardian Duties of a Guardian of the Person Before you decide to become a guardian, ask yourself these questions: 1. Do you want legal responsibility for the child? You will have the same legal responsibilities as a parent, including respohsibility for intentional damages the . ' . child may cause or for negligent supervision of the child. As guardian, you must also manage the child's . ' finances, keep careful records, give the co~rt reports and ask the court for permission to handle certain financial matters. 2. How will the guardianship affect you and your family? You will be like the child's pare.nt. This can!attect your relationship with other family members. Think about your time'. energy, and health to decide if ypu want to be, or can be, a guardian. 3. Do you have enough money? The child may get income from social security, public assistance, child support from the parents, or an inheritance from a deceased parent. But child support does not always arrive, even if it is ordered by the court, and the money you get for the minorlmay not be enough. You may have to spend your own money to raise the child. 4. Wiii there be problems with the chlld's rlllatlves? If the child's parents are alive, will they support you as guardian, or Will they be angry with you and try to interfere? Some parents may fight the gua(dianship, or the court may say that they can have regular visitation. ' Rights and iesponsibllities of guardians As guardian of the person, yciu will have these iesponsibilities: ' you must tell the court in writing right away. If you want to move You decide where the child lives. If you moye, out of California, you h?ve to get the court'~ permission. You decide where the child goes to school./ You must stay involved in the child's education, and help the.child get any special services, like tutoring, that ~e or she needs. You must lake care of the child's medical ard dental needs., making sure he or she gets proper care. In most cases, you can also make decisions about ~ny medical treatment the child needs. You must get the child counseling or other ~ental health services if the child needs them. But you cannot place the child in a mental health institutlonlwithout a court order unless the child agrees. At least once a year, you will turn in a status report to the court. You must also meet with any court ! . investigators or social workers sent by the qourt and come to court when the court tells you to. The court can also order you to take on other duties or ca~ place special conditions on you as guardian, if needed. Also: ' In most cases, guardians, like parents, are responsible for harm or damages the child causes, including graffili or getting in a car accident. Like a 'p~rent, a. guardian is responsible for the intentional acts of the minor, Exhibit E http://www.courts.ca.gciv/1211.htm?print=l 1C\9?fi~2018 Case 3:18-cv-00428-DMS-MDD Document 289-6 Filed 10/23/18 PageID.4590 Page 3 of 5 . " . .. ' Page 2 of4 'Duties ofa Guatdian- gua( 1ship_famlayv_selfhelp . ! and also for negligent supervision of the rr\inor or the negligent entrustment of a motor vehicle (giving the child access to a car when he or she is unlicehs;ed or otherwise not capable of handling .the responsibility). You cannot let the child live with his or herlparents or anyone else. The chil.d must live with you unless the . I judge says otherwise. You can let the chilcj stay With other people for visits or short periods of time without a court order, as long as the child continues ;to primarily live with you, the guardian. The parents may be able to visit and see t~eir child, but you (or the court) decide when and how often. The parents may get custody of their child bac~ in the future if the court decides that the child no longer needs to have a guardian. . ' You will have the right to make these decisiohslaffecting the child: ' . You may give the child permission to apply' for a driver's license. Or you may choose to not give him or her permission. If you let the child apply for a license,iyou must also get car insurance for the child. If the child has an accident while driving your car, you may be responsible for any damages caused by the accident. I You may give the child permission to enlist: in the military. If the child enters into active duty witH the armed forces, the guardianship will end. California law will consider the child to be an adult (em~nclpated). I Both you and the court must give permissiqn for.the child to get married. If the child gets married, the guardian~hip will end. California law will consider the child to be an adult (emancipated). Help for guardians ! \ If, as guardian of the child, you need help, there'. may be resources to help you: ! Financial help You may be able to get child support from the pkrents or help from the government, like TANF (Temporary Aid to Needy Families), CalWorks, social security, oeJartment of Veterans Affairs, or Indian Child Welfare Act benefits. . I . For more information, call: ·------··------·-·--..----------------· -~--~ J - - - ------ 1-800-772-1213 __T~TY""-8~0~0~-3=25~-~07~7~8----------'----------------------· Department of Veterans Affairs I 1-800-827-1000 TTY 800·829•4833 Department of Child Support Services 1-866-249-0773 (toll free) TDD 1-866-223-9529 (toll free You can also contact your local child support ag~ncy services department . . Or find your local county social services or human Remember: Any money you get for the child mu~t be used for the child's benefit. The court may ask you to file ' . I reports from time to time showing how much nior;iey you received for the child and how it was spent. This is called "an accounting." · 1 Exhibit E http://www.courts.ca.gov/1211.htm?print=l 18~~Cfho J8 Case 3:18-cv-00428-DMS-MDD Document 289-6 Filed 10/23/18 PageID.4591 Page 4 of 5 -Duties of a Guardian - gua(\1ship_ famla~_selfhelp Page 3 of 4 Help If the child Is having problems Every county has agencies to help children whq come from troubled homes. Some children have physical or learning disabilities. Some have been abused. Some may need counseling or other services. Tty to meet the special needs of the child in your care and get t~em the services they need. Ask the court, or the child protective services agency near you, to tell you where you can get help. Find your county's child protective services agency I county listings in your telephone book. and check your county's website. You can also check the Duties of a Guardian of the Estate As a guardian of the ~state of the minor, you owe the highest duty the law recognizes to protect the assets of the child's estate. This duty is called a fiduciary dut}. It is easy to violate this duty if you do not have special training or 1 a probate lawyer giving you advice. For this rea son, it is better to have a lawyer represent you when you are , I asking the court to appoint you guardian of the estate. The lawyer's fees are paid for by the estate, and must be approved by the court so there is protection for the minor. '1 Within 90 days after being appointed guardian, You must file financial reports with the court, including an inventory and appraisal signed by a referee showing the Value of the assets in the estate. You must: ' i Collect and make a list of all the child's property and find, get, and protectall money and property that are part of the estate; then i Put all property in the estate's name; and, I Record copies of the Letters of Guardiansliip (Form GC-250 ) with the County Recorder in every county where the child owns real property (land, hbuses or buildings). I ' get a court-appointed referee, called a "probate referee," who To determine the value of the child's property, fi[st, will figure out how much the property was worth!when you were appointed. You must do this unless the court specifically tells you not to. I You, not the probate referee, have to figure. out the value or worth of certain "cash items." ! Managing the child's estate ' Keep all the child's money and property separate from everyone else's money and property, Including your own. Unless there is a court order, a guatdikn cannot: ! Pay him or herself or his or her lawyei; with the estate's funds; Give away any part of the estate; :' Borrow money from the estate; or Spend the estate's money. If the child has a parent who is still alive, or ,the child gets money or can get support from elsewhere, then you need the court's permission to use the estaie money to pay for the child's support, maintenance, .or education. You can file a petition explaining why you n~ed to use the estate's money to support the child. Generally, the court can give you permission to use the minor's money for less than a year and for specific things. Keep complete and accurate financial records, Including records of every transaction that has to do with the estate. Write down all of the money that cor(ies in and all money that goes out, and keep receipts for everything you buy using estate money. ' Get and/or keep insurance coverage on the 'child's property. Prepare a report, called an "accounting," of'. 1• All money collected and all Interest ea(ned; Exhibit E http://www.courts.ca.gov/121 l.htm?print=l · 1~fl.Dflho1 s Case 3:18-cv-00428-DMS-MDD Document 289-6 Filed 10/23/18 PageID.4592 Page 5 of 5 ·Duties of a Guardian - gua('1ship_famlaw_selfhelp Page 4 of4 ·' All money you spent and for what; The date of every transaction; The purpose of every transaction; and What is left after the estate's expens~s are paid. (See Probate Code section 1061 accounting must say.) for what the File an accounting 1 year after you become guardian. After that, you must file a report every 2 years, unless: The estate is worth less than $7,000 find there is less than $1,000 per month income from sources other than public assistance, All guardianship funds are in blocked!accounts. If you do not file the accounting, the court could order you to db so or could remove you as the guardian. If you believe you fall within an exception to the requirement for an accounting, you can file a motion with the court asking that you be relieved of the duty to file an annual accounting. You must file one unless the court orders that you do' not have to. Exhibit E http://www.courts.ca.gov/1211,htm?print=l 1'IP!l.Dfl?.2018