# 45 CFR § 410.1103: Considerations generally applicable to the placement of an unaccompanied child

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-45-410.1103

## Section

- **Citation:** 45 CFR § 410.1103
- **Heading:** Considerations generally applicable to the placement of an unaccompanied child
- **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 place each unaccompanied child in the least restrictive setting that is in the best interest of the child and appropriate to the unaccompanied child's age and individualized needs, provided that such setting is consistent with the interest in ensuring the unaccompanied child's timely appearance before DHS and the immigration courts and in protecting the unaccompanied child's well-being and that of others.
(b) ORR shall consider the following factors to the extent they are relevant to the unaccompanied child's placement, including:
(1) Danger to self;
(2) Danger to the community/others;
(3) Runaway risk;
(4) Trafficking in persons or other safety concerns;
(5) Age;
(6) Gender;
(7) LGBTQI+ status or identity;
(8) Disability;
(9) Any specialized services or treatment required or requested by the unaccompanied child;
(10) Criminal background;
(11) Location of potential sponsor and safe and timely release options;
(12) Behavior;
(13) Siblings in ORR custody;
(14) Language access;
(15) Whether the unaccompanied child is pregnant or parenting;
(16) Location of the unaccompanied child's apprehension; and
(17) Length of stay in ORR custody.
(c) ORR may utilize information provided by the referring Federal agency, child assessment tools, interviews, and pertinent documentation to determine the placement of all unaccompanied children. ORR may obtain any records from local, State, and Federal agencies regarding an unaccompanied child to inform placement decisions.
(d) ORR shall review, at least every 30 days, the placement of an unaccompanied child in a restrictive placement to determine whether a new level of care is appropriate.
(e) ORR shall make reasonable efforts to provide licensed placements in those geographical areas where DHS encounters the majority of unaccompanied children.
(f) A care provider facility must accept the placement of unaccompanied children as determined by ORR, and may deny placement only for the following reasons:
(1) Lack of available bed space;
(2) Placement of the unaccompanied child would conflict with the care provider facility's State or local licensing rules;
(3) Initial placement involves an unaccompanied child with a significant physical or mental illness for which the referring Federal agency does not provide a medical clearance; or
(4) In the case of the placement of an unaccompanied child with a disability, the care provider facility concludes it is unable to meet the child's disability-related needs, without fundamentally altering the nature of its program, even by providing reasonable modifications and even with additional support from ORR.
(g) Care provider facilities must submit a written request to ORR for authorization to deny placement of unaccompanied children, providing the individualized reasons for the denial. Any such request must be approved by ORR before the care provider facility may deny a placement. ORR may follow up with a care provider facility about a placement denial to find a solution to the reason for the denial.

## 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)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-45-410.1103. Check the current official text before relying on it. Not legal advice.