ORR Death Records - May 2023

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

Background on the Records Requested
On May 12, 2023, an HHS spokesperson confirmed the death of a 17 year-old Honduran child at an ORR facility in Florida. See https://twitter.com/aurabogado/status/1657018774791520258?s=61&t=8Zqgr1Sh-7zb12EH9VIRJQ. Hours later, the public learned of another children’s death in March 2023. See https://www.cbsnews.com/news/unaccompanied-migrant-child-died-angel-eduardo-maradiaga-espinoza-us-custody-florida/. HHS referred the public to its standards in a statement aimed at explaining the services children receive.

“The ORR Unaccompanied Children Program Policy Guide is a summary of ORR policies for the placement, release and care of unaccompanied children in ORR custody. The guide is for members of the public and other stakeholders[.]” See https://www.acf.hhs.gov/orr/policy-guidance/unaccompanied-children-program-policy-guide-introduction. Section 3.3.16 of the ORR Program Policy Guide sets forth a set of mandatory actions when a child in ORR custody. See https://www.acf.hhs.gov/orr/policy-guidance/unaccompanied-children-program-policy-guide-section-3.

This policy requires the up to 12 separate notifications in the event of a child’s death:

A. Reporting to Local Authorities and ORR - The care provider must immediately report the death to:
(1) Local law enforcement, as appropriate;
(2) The care provider’s State or local licensing authority;
(3) Child Protective Services, as applicable; and
(4) ORR via a Significant Incident Report.

B. Notification and Reporting within the US Department of Health and Human Services (HHS)
(5) ORR must immediately notify the appropriate staff in ORR, ACF and HHS.

C. Notifications to External Parties
ORR must notify the following parties within 24 hours of a child’s death:
(6) The unaccompanied alien child’s parent, legal guardian, or next-of-kin;
(7) The unaccompanied alien child’s attorney of record or the care provider’s local legal service provider;
(8) The applicable consulate;
(9) The child advocate, if applicable;
(10) Congressional officials
(11) The local U.S. Immigrations and Customs Enforcement (ICE), Field Office Juvenile Coordinator (FOJC); and
(12) The Department of Homeland Security, ICE, Enforcement and Removal Operations, Juvenile and Family Residential Management Unit (ERO/JFRMU).

Description of Records Requested
Requested Records Set #1.
Please provide any of the 12 notifications itemized above based on ORR policy that occurred in each of the two publicly reported deaths of children in ORR custody during 2023.
Requested Records Set #2.
Please provide any other notifications of deaths in ORR custody that were made after the current ORR Policy 3.3.16 went into effect on July 22, 2019.

Thank you,

#DetentionKills Transparency Initiative
Al Otro Lado

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Andrew Free

We never received on. Our record of submitting it appears here: https://www.muckrock.com/foi/united-states-of-america-10/orr-death-records-may-2023-145764/#follow-up