Immigrant children in the custody of the Office of Refugee Resettlement (ORR) are entitled to be treated with dignity and respect and held in the least restrictive setting that is in their best interests while they wait to be released from ORR custody. ORR must provide children with basic services such as medical and mental health care and education as well as access to recreation, religious services, and contact with family members. Care providers must follow applicable state laws and regulations and are forbidden from using disciplinary practices that harm children’s well-being.

Unaccompanied children in ORR custody have legal rights under the following: If a child in the custody of the Office of Refugee Resettlement (ORR) is prescribed psychotropic medication, ORR must obtain informed consent from an authorized family member before giving the child the medication, except in emergency situations. ORR must also ensure meaningful oversight of the administration of psychotropic medications to children across its network. If your client is prescribed psychotropic medications while in ORR custody, they have legal rights under the following:

• Statutes

• Trafficking Victims Protection Reauthorization Act, 8 U.S.C. § 1232

• Regulations

• 45 C.F.R. § 410.1310 (ORR Foundational Rule)

• Court Orders

• Flores Settlement Agreement (“Flores Settlement”) (partially terminated as to HHS but still in effect as to children in restrictive and out-of-network placements)

This page is designed to provide information to you so that you may determine what rights your clients may have and to connect you to relevant resources. This page does not, and is not intended to, constitute legal advice of any kind, including in a particular case.