# 45 CFR § 410.1101: Process for placement of an unaccompanied child after referral from another Federal agency

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-45-410.1101

## Section

- **Citation:** 45 CFR § 410.1101
- **Heading:** Process for placement of an unaccompanied child after referral from another Federal agency
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 45—Public Welfare > Subtitle B—Regulations Relating to Public Welfare > CHAPTER IV—OFFICE OF REFUGEE RESETTLEMENT, ADMINISTRATION FOR CHILDREN AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES > PART 410—CARE AND PLACEMENT OF UNACCOMPANIED CHILDREN > Subpart B—Determining the Placement of an Unaccompanied Child at a Care Provider Facility

## Text

(a) ORR shall accept referrals of unaccompanied children, from any department or agency of the Federal Government at any time of day, every day of the year.
(b) Upon notification from any department or agency of the Federal Government that a child in its custody is an unaccompanied child and therefore must be transferred to ORR custody, ORR shall identify a standard program placement for the unaccompanied child, unless one of the listed exceptions in § 410.1104 applies, and notify the referring Federal agency within 24 hours of receiving the referring agency's notification whenever possible, and no later than within 48 hours of receiving notification, barring exceptional circumstances. ORR may seek clarification about the information provided by the referring agency as needed. In such instances, ORR shall notify the referring agency and work with the referring agency, including by requesting additional information, in accordance with statutory time frames.
(c) ORR shall work with the referring Federal Government department or agency to accept transfer of custody of the unaccompanied child, consistent with the statutory requirements at 8 U.S.C. 1232(b)(3).
(d) For purposes of paragraphs (b) and (c) of this section, ORR may be unable to timely identify a placement for and timely accept transfer of custody of an unaccompanied child due to exceptional circumstances, including:
(1) Any court decree or court-approved settlement that requires otherwise;
(2) An influx, as defined at § 410.1001;
(3) An emergency, including a natural disaster such as an earthquake or hurricane, a facility fire, or a civil disturbance;
(4) A medical emergency, such as a viral epidemic or pandemic among a group of unaccompanied children;
(5) The apprehension of an unaccompanied child in a remote location;
(6) The apprehension of an unaccompanied child whom the referring Federal agency indicates:
(i) Poses a danger to self or others; or
(ii) Has been charged with or has been convicted of a crime, or is the subject of delinquency proceedings, delinquency charge, or has been adjudicated delinquent, and additional information is essential in order to determine an appropriate ORR placement.
(e) ORR shall take legal custody of an unaccompanied child when it assumes physical custody from the referring agency.

## Nearby sections

- [45 CFR § 410.1000 § 410.1000 Scope of this part.](https://www.frixlaw.com/law-library/statutes/ecfr-45-410.1000.md)
- [45 CFR § 410.1001 § 410.1001 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-45-410.1001.md)
- [45 CFR § 410.1002 § 410.1002 ORR care and placement of unaccompanied children.](https://www.frixlaw.com/law-library/statutes/ecfr-45-410.1002.md)
- [45 CFR § 410.1003 § 410.1003 General principles that apply to the care and placement of unaccompanied children.](https://www.frixlaw.com/law-library/statutes/ecfr-45-410.1003.md)
- [45 CFR § 410.1004 § 410.1004 ORR custody of unaccompanied children.](https://www.frixlaw.com/law-library/statutes/ecfr-45-410.1004.md)
- [45 CFR § 410.1100 § 410.1100 Purpose of this subpart.](https://www.frixlaw.com/law-library/statutes/ecfr-45-410.1100.md)
- [45 CFR § 410.1101 § 410.1101 Process for placement of an unaccompanied child after referral from another Federal agency.](https://www.frixlaw.com/law-library/statutes/ecfr-45-410.1101.md)
- [45 CFR § 410.1102 § 410.1102 Care provider facility types.](https://www.frixlaw.com/law-library/statutes/ecfr-45-410.1102.md)
- [45 CFR § 410.1103 § 410.1103 Considerations generally applicable to the placement of an unaccompanied child.](https://www.frixlaw.com/law-library/statutes/ecfr-45-410.1103.md)
- [45 CFR § 410.1104 § 410.1104 Placement of an unaccompanied child in a standard program that is not restrictive.](https://www.frixlaw.com/law-library/statutes/ecfr-45-410.1104.md)
- [45 CFR § 410.1105 § 410.1105 Criteria for placing an unaccompanied child in a restrictive placement.](https://www.frixlaw.com/law-library/statutes/ecfr-45-410.1105.md)
- [45 CFR § 410.1106 § 410.1106 Unaccompanied children who need particular services and treatment.](https://www.frixlaw.com/law-library/statutes/ecfr-45-410.1106.md)
- [45 CFR § 410.1107 § 410.1107 Considerations when determining whether an unaccompanied child is a runaway risk for purposes of placement decisions.](https://www.frixlaw.com/law-library/statutes/ecfr-45-410.1107.md)
- [45 CFR § 410.1108 § 410.1108 Placement and services for children of unaccompanied children.](https://www.frixlaw.com/law-library/statutes/ecfr-45-410.1108.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-45-410.1101. Check the current official text before relying on it. Not legal advice.
