Download this topic content, the Rights of Children Prescribed Psychotropic Medications in ORR Custody, here.

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:

• U.S. Constitution

• Due Process Clause of the Fifth Amendment

• Regulations

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

• Court Orders

• Lucas R. Psychotropic Medications Settlement (Psych Meds Settlement)

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.

This guide 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. It does not, and is not intended to, constitute legal advice of any kind, including in a particular case. Examples used throughout the guide are intended to illustrate possible fact scenarios for unaccompanied children.

Current as of: February 21, 2025