2.4-2.6 Sponsor Assessments

Question 1

10 factors when evaluating family members and other potential sponsors

Answer 1

1. nature and extent of the sponsor’s predious and current relationship with the child or youth and the UC’s family, if a relationship exists
2. The sponsor’s motivation for wanting to sponsor the child or youth.
3. The UC’s parent or legal guardians’ perspective on the release to the identified potential sponsor
4. The child or youth’s views on the release and whether he or she wants to be released to the individual.
5. The sponsor’s understanding of the UC’s needs, as identified by ORR and the care provider.
6. The sponsor’s plan to provide adequate car,e, supervision, access to community resources, and housing
7. The sponsor’s understanding of importance of ensuring the UC’s proresence at all future hearnigs or proceedings
8. The linguistic and cultural background of the child or youth and the sponsor
9. The sponsor’s strengths, resources, and mitigating factors in relation to any risk s or special concerns
10. UC’scurrent functioning and strengths in relation to any risk factors or special concerns, such as being a victim of trafficking, a parent or pregnant, have speical needs, disabilitiesor medical or mental health issues, have a history of criminal, juvenile justice or gang involvement, or a history of behavioral issues

Question 2

What is the Trafficking Victims Protection Reauthorization Act of 2008?

Answer 2

It created procedures for processing the cases of unaccompanied children (UAC) in recognition of the vulnerability of children traveling alone to human trafficking and other forms of exploitation.

Question 3

6 circumstances under which TVPRA requires home studies

Answer 3

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 the ADA
3. The child has been a victim of physical or sexual abuse under circumstances that indicate the childs health or welfare has been significantly harmed or threatened
4. The child’s sponsor clearly presents a risk of abuse, maltreatment, exploitation or trafficking, to the child based on all available objective evidence
5. The non-relative sponsor is seeking to sponsor multiple children or has previously sponsored or sought to sponsor a child and wants to sponsor additional.
6. Any child over 12 released to a non-relative sponsor.

Question 4

What is the purpose of a home study?

Answer 4

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 to verify or corroborate information in that process. The final recommendation must present a comprehensive, detailed assessment of hte sponsor’s ability to care for the needs of the child and address any additional information that emerges duringthe cours of the home study regarding the sponsor, their household,or the child. A copy of the report should be shared if requested after a sponsor isdenied.

Question 5

Three parts of a home study

Answer 5

1. interviews
2. a home visit
3. a written report containing the findings

Question 6

How quickly should home studies occur?

Answer 6

The home study provider should contact the care provider within 24 hours of home study referral acceptance, and contact the sponsor within 48 hours of referral acceptance. They then must write the reports wihtin 10 days of receipt of referral

Question 7

For a TVPRA home study, what is physical abuse, and is physical abuse intentional?

Answer 7

It’s an act that results in physical injury such as red marks, cuts, welts, brusies etc. (long list of items).

Generally, physical abuse is intentional, but occasionally can be done by mistake if physcial punishment goes too far.

A child does not have to have phsyical injuries that the time the care provider makes an assessment for there to be a physical abuse report.

Question 8

What happens if a new sponsor is identified during the sponsor assessment process?

Answer 8

If there are multiple potential sponsors the care provider will exhaust all efforts to faciltate release to a parent or guardian while concurrently evaluating other potential sponsors.

Question 9

Two types of checks used on all sponsors

Answer 9

1. public records check for sponsors and non-sponsor adults in household 9cats 1-3) - identifies criminal checks
2. Sex offender registry check, conducted through US DoJ sex offender public website

Question 10

When is an FBI national criminal history check completed?

Answer 10

Where a public records check reveals possible disqualifying info for cat 1 or 2a sponsors or non-sponsor adults, or in all cases for cat 2b and cat 3 sponsors

Question 11

When is a child abuse and neglect check (CA/N) completed?

Answer 11

In cases the require a home study for potential sponsors

Question 12

When is a state criminal history or local policy check done?

Answer 12

Used on a case-by-case baseis when there are unresolved criminal arrests

Question 13

Considerations under which releasing a child to a sponsor with a criminal background might be okay

Answer 13

1. The severity of the criminal and/or child abuse/neglect history
2. The length of time passed since the criminal actor child abuse / neglect allegation
3. The relationship of the potential sponsor and other members to the cyou
4. the evidence of rehabilitation if any

Question 14

Where can a sponsor get his or her fingerprints taken?

Answer 14

ORR funds a network of digital fingerprint providers at locations not affiliated with law enforcement entities. Sponsors may also go to local police departments

Question 15

Are potential sponsors required to disclose to the care provider they have arecord of a criminal charge or child abuse?

Answer 15

yes, and they should gather detailed documentation ofthe charges, dispositoins, police reports, and evidence of rehab

Question 16

What happens ifa public recordsor sex offender registrycheck returns disqualifying findings?

Answer 16

The case manager informs the sponsor and provides a copy of the response. They hthen have the opportunity ot dispute the results and request a rerun

Question 17

What happens if an adult household member refuses to cooperate with a background check?

Answer 17

ORR may deny release when an adult household member refuses to cooperate with a background check. ORR then considers the totality of circumstances, including the refusal and other information.`

Question 18

Do background checks expire?

Answer 18

Yes - they expire after 90 days

Question 19

Does oRR share the results of fingerprint checks with other parties?

Answer 19

They do not release them to care providers or other organizations or individuals. However, the FBI may automatically send a notification to DHS

Question 20

Can DHS use information gathered from the background check process to enforce immigration policies against potential sponsors?

Answer 20

Yes. (as of 9/30)

Question 21

What is in a sponsor care plan and when is it made?

Answer 21

A sponsor care plan identifies who will assume care if a sponsor is no longer able to care fo rthe child, and ORRuses immigration status to determine whether a plan is necessary if the indiviudal is require to leave the US. (ORR doesn’t disqualify sponsors solely on immigration status)

Question 22

How does ORR obtain information about immigration status?

Answer 22

During the sponsor assessment process, casemanagers ask sponsors about their immigration status and ask them to provide documentation suffiicient ot prove their immigration status.

Question 23

When is someone approved release with post-release servies?

Answer 23

The FFS may release with PRS if child and sponsor need additional assistance to connect them to appropriate resources in the community to address other concerns, such as mental health etc. Sponsor must consent before services, and can withdraw consent at any time since its voluntary

Question 24

Three reasons ORR might deny release to a potential sponsor

Answer 24

1. The potential sponsor is not willing or able to provide for the child’s physical or mental well-being
2. The physical environment of the home presents risks to the child’s safety and well-being
3. Release of the UC would present a risk to him or herself, the sponsor, household, or the community

Question 25

6 circumstances under which ORR may deny release to Cat 1 and must deny release to Cat 2 or 3

Answer 25

1. Has been convicted of a felony involving child abuse or neglect, spousal abuse, a crime against a child, or a crime involving violence.
2. Has been convicted within the last five years of a felony involving physical assaulty, battery, or drug-rleated offenses.
3. Has been convicted of a misdemeanor for a sex crime, an offense involving a child victoim, or a drug offense that compromises a sponsor’s ability to ensure the safety and well-being
4. Has been convicted of alien smuggling or a crime related to traffickingin persons
5. Has other criminal history or pending criminal charges from which one could reaonably infer that the sponsors ability to ensure the safety and well-being of the child is compromised.
6. the potential sponsor has aone of several substantiated adverse child welfare findings.

Question 26

when are safety plans made?

Answer 26

Safety plans, as needed, are made to address outstanding needs the child may have after release and integrated into the sponsors famioly and community. The could include PRS plans and anything the child needs such as getting mental health services, accessing needed special education, helping children avoid drugs andalcohol, and using appropriate parenting techniques.

Question 27

Seven parts of the sponsor care plan

Answer 27

1. An adult caregiver is identified, with their relationship to the UC
2. Includes copies of the adult caregiver’s vetting information
3. Includes the adult caregiver’s contact information
4. Discusses how the adult caregiver is notified that a transfer of care is required if required
5. Provides that the adult caregiver will abide by the terms of the sponsor care agreement
6. Includes the data the UC’s case manager discusses the plan twith the child’s sponsor and adult caregiver identified int he plan
7. Includes additional info and materials as is appropriate

Question 28

Notification of denial

Answer 28

Denial letters have to be sent wihtin 30 days and should include:
1. An explanation fo the reason(s) for the denial
2. instructions on how to obtain the child’s case file
3. The supporting materials and information that formed the basis for ORR’s decisions
4. An explanation of the process for requesting an appeal of the denial

If the sole reason for denial of release wis concern the UC is danger to themself or the community, the Direcotoir notifies the child in writing of the reason of denial

Question 29

Does a release denial require a hearing?

Answer 29

No. They can request a hearing, and the AS will schedule a teleconference to hear why the denial was erroneous. Without a hearing, the AS will consider the denila letter and information within it. The ASthen makes a decision.