Transfer Overview
What triggers a transfer?
Changes in child needs, safety concerns, medical needs, or other placement factors.
What is the core placement rule for ORR?
Each child must be placed in the least restrictive setting that is in the child’s best interests.
What is the timeline for medical clearance once ORR identifies a transfer need?
Within three (3) business days
What federal law guides disability protections in ORR custody?
Section 504 of the Rehabilitation Act.
What is a “step-up” in ORR placement?
A transfer to a more restrictive level of care.
How soon must a transfer be requested after identifying need?
Within three (3) business days.
What factors are considered for level of restrictiveness?
Danger to self, danger to others, and risk of running away.
If a child is not medically cleared in 3 days, who decides if the child is fit for travel?
ORR reviews and determines if the child is fit for travel.
What plan must be documented for children with disabilities in restrictive placements?
An Individualized Section 504 Service Plan.
What standard is required to place a child in a restrictive facility?
Clear and convincing evidence that restrictive placement is required.
Who has final authority to approve transfers?
ORR, through the ORR/Federal Field Specialist (FFS).
If a child is in a restrictive setting, what must staff plan for?
Services to support step-down to a less restrictive setting when ready.
What happens if ORR decides the child is not fit for travel?
ORR notifies the care provider of the denial and a timeframe for re-evaluation.
Before placing a child with a disability in a restrictive setting, what must be documented?
Why the child’s needs cannot be met in a more integrated and less restrictive setting with services/supports.
What is a “step-down” in ORR placement?
A transfer to a less restrictive level of care.
What kind of setting must always be considered when transferring a child?
The least restrictive setting that is in the best interests of the child.
Name a restrictive placement type.
Secure facility, Residential Treatment Center (RTC), or heightened supervision facility.
What health-related documents must accompany a transfer?
All health records and a 30-day supply of medication, if applicable.
Where must documentation about disability-related needs and services be stored?
In the child’s case file, Evidentiary Record, and Section 504 Plan.
True or False: Can a significant incident report alone justify a step-up or refusal to step-down?
False, it cannot be used as the sole basis.
Name one type of information care providers consider for transfers.
Examples: referral info, assessment tools, interviews, location of sponsor, agency records, or legal/child advocate input.
For children with disabilities, where should they be placed whenever possible?
In the most integrated and least restrictive setting appropriate to their needs.
True or False: Medical clearance is optional and only needed in special cases.
False. Medical clearance is required unless otherwise waived by ORR.
If a child is being placed in secure/RTC due to danger to self/others and has not been identified with a disability, what must occur?
The child must be referred for an evaluation for possible disabilities before the transfer is requested.
How often must restrictive placements be reviewed at minimum?
Every 30 days, with additional review at 90 days and beyond for secure/RTC.