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Frequently Asked Questions

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Cases Involving the Unaccompanied Children Program

You can find the regulations governing risk determination hearings at 45 C.F.R § 410.1903:

https://www.ecfr.gov/current/title-45/subtitle-B/chapter-IV/part-410/subpart-J/section-410.1903

The ALJ decides whether the Office of Refugee Resettlement (ORR) proved by clear and convincing evidence that an unaccompanied child presents a risk of danger to self or to the community if released from ORR care and custody. The ALJ does not rule on any other matters related to the unaccompanied child in a risk determination hearing.

Unaccompanied children placed in restrictive placements are automatically provided a risk determination hearing. The child does not need to do anything to request a hearing. ORR will automatically begin the process by filing a request for a risk determination hearing with the DAB on behalf of the child.

Restrictive placement means a secure facility, including residential treatment centers, or a heightened supervision facility.

Yes. If the child is not in restrictive placement, the child, their attorney, or their parent or legal guardian may file a written request for a hearing. The child may complete a request form provided by ORR to the child's care provider facility or submit a letter request.

To submit a request for a risk determination hearing through DAB E-File:

  1. Navigate to the Unaccompanied Children Cases page in DAB E-File and then click on "Request Risk Determination Hearing (Non-Automatic)" on the left sidebar menu.
  2. Complete the request form and, after verifying the information you provided is correct, click "Submit Request."

Your case will be assigned to an ALJ. The ALJ will issue an order that explains how your case will be decided, gives you instructions on how to present your evidence and arguments, including how to prepare for your hearing, and sets important deadlines.

The ALJ's order will also include contact information for the staff attorney assigned to assist the ALJ. You may contact the staff attorney with procedural and technical questions. We cannot provide you legal advice. You may also ask your case manager at the facility for help.

After you register for DAB E-File, you must submit a request to access your case before you can view the case or file a document. To request access to your case in DAB E-File:

  1. Go to the Unaccompanied Children Cases page in DAB E-File and then click on "Request Access to Your Case" on the left sidebar menu.
  2. Complete the request form and, after verifying the information you provided is correct, click "Submit Request."

You will receive an email confirmation once your request has been approved by the DAB. You will then be able to access your case in DAB E-File and view all documents filed in your case. You will also begin to receive email notifications from DAB E-File each time a document is filed in your case.

If any of these events occur, the DAB will no longer have jurisdiction over matters related to the unaccompanied child. ORR will file a Discharge Notification with the DAB, and the DAB will cancel the risk determination hearing and close the case.

You may appeal the ALJ's decision to the Assistant Secretary of the Administration of Children & Families or their designee. The documents accompanying the ALJ's decision include instructions on how to appeal that decision.