The Of?ce of Refugee Resettlement (ORR) has a zero-tolerance policy for all forms of sexual
abuse, sexual harassment, and inappropriate sexual behavior at all care provider that house
unaccompanied alien children (UAC). Interim Final Rule sets forth standards to
prevent, detect, and respond to sexual abuse and sexual harassment in OR care providers.2 The
IFR was published on December 24, 2014 with an implementation date of June 24, 2015.

ORR began collecting data speci?c to sexual abuse in OR custody in October 2014. Prior to the
IFR, care providers generally reported allegations of sexual abuse according to state licensing
requirements and mandatory reporting laws. With the publication of the IFR, care providers,
regardless of their state of operation, began using one standardized de?nition for sexual abuse and
sexual harassment to ensure consistent reporting. In addition, ORR ensured that allegations of
sexual abuse that occurs in ORR custody, as de?ned by the federal reporting statute (34 U.S.C. 
20341), were reported to the US. Department of Justice (DOJ) beginning in late 2014.

Care providers must report allegations of sexual abuse, sexual harassment, inappropriate sexual
behavior; retaliation related to such allegations; and staff neglect or violation of responsibilities
immediately but no later than 4 hours after learning of the allegation. Care providers must report
these allegations to the state licensing agency, child protective services, and/or local law
enforcement in accordance with mandatory reporting laws, state licensing requirements, federal
laws and regulations, and ORR policies and procedures.

Additionally, care providers report to the US. Department of Justice?s Federal Bureau of
Investigations (FBI) and the US. Department of Health and Human Services? Of?ce of the
Inspector General (OIG) any allegations of sexual abuse that are subject to federal reporting laws
or could constitute violations of federal law. Sexual abuse is de?ned at 34 U.S.C. 20341 and in
OR regulations at 45 C.F.R. 411.6. Sexual abuse can include allegations such as touching of
the buttocks or allegations of sexual assault, whether it was minor on minor or staff on minor
allegation. ORR policy requires care providers to notify local law enforcement when an allegation
of sexual abuse involves an adult.

If a sexual abuse allegation involves a staff member, the care provider is required by IFR
to immediately suspend the staff member from all duties that would provide the staff member with
access to UAC, pending an investigation. Care providers must take disciplinary action up to and
including termination for violating or the care provider?s sexual abuse related policies and
procedures. Termination must be the presumptive disciplinary sanction for staff who engage in
sexual abuse or sexual harassment.

 

1 See 45 C.F.R. Part 411.

2 Section 1101(c) of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113-4) directs the
Secretary of the Department of Health and Human Services to adopt national standards for the detection,
prevention, reduction, and punishment of rape and sexual assault in facilities that maintain custody of
unaccompanied children.