STRENGTHENING CHILD WELFARE
PRACTICE FOR IMMIGRANT
CHILDREN & FAMILIES
A Toolkit for Child Welfare
Professionals in California
AUGUST 2019
STRENGTHENING CHILD WELFARE PRACTICE FOR IMMIGRANT CHILDREN & FAMILIES
ACKNOWLEDGMENTS
The authors wish to thank the following people for their invaluable contributions to this
resource:
• For their participation in workgroups to provide frontline input on the Toolkit's content - the
staff of the San Francisco Department of Family & Children’s Services, and in particular,
Raena Sebay, LCSW, and Jenna Nevitt, MSW.
• For their close review and thoughtful feedback - Cristina Ritchie Cooper, Program Director
of Immigration Projects at the ABA Center on Children and the Law; Megan Finno-
Velasquez, Assistant Professor at New Mexico State University & Director of the Center on
Immigration and Child Welfare; Cecilia Saco, former Supervising Children’s Social Worker
of the Special Immigrant Status Unit at the Los Angeles County Department of Children
and Family Services; Tanya Broder, Senior Staff Attorney at the National Immigration Law
Center; Raquel Amezcua, Family Mediator & Independent Contractor; Angie Junck,
Director of Human Rights Programs at the Heising-Simons Foundation; Lynn Combs,
Attorney; Ariel Brown, Special Projects Attorney at the Immigrant Legal Resource Center;
and Amanda Miller, National Center for Youth Law Summer Clerk.
• For her design skills and endless patience with revisions, Arianna Rosales, Communications
Associate at the Immigrant Legal Resource Center.
Suggestion Citation: Rachel Prandini, Melissa Adamson, Neha Desai, Strengthening Child
Welfare Practice for Immigrant Children & Families: A Toolkit for Child Welfare Professionals in
California (Aug. 2019).
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STRENGTHENING CHILD WELFARE PRACTICE FOR IMMIGRANT CHILDREN & FAMILIES
TABLE OF CONTENTS
I. Overview of Toolkit.........................................................................................................................5
II. Immigrant Children & Families in California...............................................................6
III. Denitions of Immigration Terms.........................................................................................8
IV. Trauma & Immigrant Families............................................................................................17
V. Unique Experiences of Unaccompanied Minors................................................19
VI. Cultural Considerations........................................................................................................23
VII. Immigration Relief Options for Children & Families.......................................26
(1) Identifying the Need for Immigration Services.....................................26
(2) Special Immigrant Juvenile Status................................................................27
(3) Other Paths to Legal Status................................................................................29
(4) Protocol for Responding to U-Visa Certication Requests...........32
(5) Establishing Community Referrals to Immigration Legal
Services.................................................................................................................................32
VIII. Working with Detained or Deported Parents..................................................33
(1) Locating Parents in Immigration Detention..............................................33
Employing the ICE Online Detainee Locator.....................................34
Contacting the Consulate................................................................................34
Contacting Family Members..........................................................................34
(2) Unique Challenges for Detained and Deported Parents............35
Ability to Participate in Child Welfare Proceedings.....................35
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Compliance with Family Reunication Services............................35
Divergent Timelines of the Immigration and Child
Welfare Systems........................................................................................................36
(3) Requirements of California Law........................................................................36
Reasonable Eorts..................................................................................................36
Extended Reunication Periods...................................................................37
Placement with Undocumented Relatives.........................................38
Memoranda of Understanding (“MOU”) with
Consulates...................................................................................................................38
Immigration Relief Options...............................................................................39
(4) Additional Best Practices for Working with Detained or
Deported Parents..........................................................................................................39
(5) ICE Detained Parents Directive..........................................................................40
(6) Placing Children Abroad........................................................................................43
IX. Condentiality & Information-Sharing Policies...................................................44
X. PRUCOL..............................................................................................................................................45
XI. Working with Foreign Consulates and Embassies............................................45
(1) Notication to Foreign Consulates..................................................................45
(2) Warning About Asylum-Seeking Parents...................................................46
(3) Dual-Citizenship Status.............................................................................................46
(4) Condentiality of Case Records.......................................................................46
(5) Additional Consular Services...............................................................................47
XII. Additional Resources for Child Welfare Workers..............................................48
STRENGTHENING CHILD WELFARE PRACTICE FOR IMMIGRANT CHILDREN & FAMILIES
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I. OVERVIEW OF TOOLKIT
Immigrant children and families in the
child welfare system face unique barriers
to permanency and well-being. In some
cases, their involvement in the child welfare
system also presents distinct opportunities
for seeking lawful immigration status. With
half of all children in California coming
from an immigrant family, child welfare
agencies in California must be equipped to
effectively support immigrant children and
families on the pathway to permanency.
The objective of this Toolkit is to provide
guidance to child welfare agencies in
California working with immigrant children
and families.
This Toolkit provides helpful background
information on immigrant children and
families in California (Section II) and
immigration terminology (Section III). It
also discusses the trauma that immigrant
children and families may experience at
different points throughout the migration
journey (Section IV), describes the unique
experiences of unaccompanied minors
(Section V), and provides insight on
engaging with immigrant families across
cultural divides (Section VI).
The Toolkit then offers advice on working
with children and families to identify the
need for immigration legal services, as
well as information on how to connect
them to non-profit legal services in the
community (Section VII). It provides an
overview of the legal framework for working
with parents detained in immigration
custody or who have been deported,
as well as best practices for navigating
such complex situations (Section VIII).
Additionally, the Toolkit contains information
on confidentiality considerations and
limitations (Section IX), PRUCOL (Section
X), and opportunities for collaboration
with foreign consulates and embassies on
individual cases (Section XI). The Toolkit
concludes with additional resources
for child welfare workers and agencies
(Section XII).
We hope that the information and best
practices summarized in this Toolkit and
accompanying Appendices will support
child welfare agencies in serving immigrant
children and families.
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STRENGTHENING CHILD WELFARE PRACTICE FOR IMMIGRANT CHILDREN & FAMILIES
II. IMMIGRANT CHILDREN & FAMILIES IN CALIFORNIA
Children and youth living in immigrant
families are the fastest growing group of
American children.
1
This includes children
who may have been born in a country
other than the United States, or who live
with at least one parent who was born in a
country other than the United States. One in
four children in the United States lives in an
immigrant family,
2
and 4.5 million U.S. citizen
children under 18 live with at least one
undocumented parent.
3
California is home to more immigrants
than any other state. More than a quarter
of California residents – approximately
10.7 million people – are immigrants.
4
1 Donald J. Hernandez, Nancy A. Denton & Suzanne E. Macartney, Children in Immigrant Families: Looking to America’s Future,
SOCIAL POLICY REPORT, 22(3) S.E. (2008).
2 Donald J. Hernandez & Wendy Cervantes, Children in Immigrant Families: Ensuring Opportunity for Every Child in America, First
Focus, available at https://firstfocus.org/wp-content/uploads/2014/06/Children-in-Immigrant-Families.pdf.
3 Randy Capps et. al, Implications of Immigration Enforcement Activities for the Well-Being of Children in Immigrant
Families, Urban Institute (Sept. 2015), available at https://www.urban.org/sites/default/files/alfresco/publication-
exhibits/2000405/2000405-Implications-of-Immigration-Enforcement-Activities-for-the-Well-Being-of-Children-in-Immigrant-
Families.pdf.
4 Fact Sheet: Immigrants in California, American Immigration Council (Oct. 4, 2017) available at https://www.
americanimmigrationcouncil.org/research/immigrants-in-california
5 Just the Facts: Immigrants in California, Public Policy Institute of California, May 2019, available at https://www.ppic.org/
publication/immigrants-in-california/.
6 Id.
7 State Immigrant Data Profiles: California, Migration Policy Institute, 2017, available at https://www.migrationpolicy.org/data/
state-profiles/state/demographics/CA.
Most immigrants in California have legal
permission to reside in the United States:
52% are naturalized U.S. citizens, 34% have
another form of legal status such as a green
card or visa, and 14% are undocumented.
5
Many families are “mixed status,” meaning
that different members of the family have
different immigration status. For example,
within the same family one parent may
have legal permanent residency (a “green
card”), one parent may be undocumented,
and their child may be a U.S. citizen.
Half of all children in California have
at least one immigrant parent.
6
These
children are demographically diverse, and
their educational and health status varies
depending on factors such as country
of origin and length of time in the United
States. Immigrants come to California from
all over the world. The majority of California’s
immigrants were born in Latin America
(50%) or Asia (40%).
7
In 2017, the leading
MORE THAN A QUARTER OF
CALIFORNIA RESIDENTS –
APPROXIMATELY 10.7 MILLION
PEOPLE – ARE IMMIGRANTS.
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countries of origin among immigrants in
California included Mexico (4.1 million),
China (968,777), the Philippines (857,414),
Vietnam (523,561), and India (506,971).
8
Immigrants represent at least one-third of
the population in five California counties:
Los Angeles, Santa Clara, San Francisco, San
Mateo, and Alameda.
9
Most immigrants in California are bilingual.
Among immigrants who have been in the
United States for five years or less, more
than two-thirds report speaking English
proficiently.
10
However, children in immigrant
families are more likely to live in limited
English-speaking households.
11
While immigrants have higher levels
of employment than their U.S.-born
counterparts, immigrant families are more
likely to live in poverty.
12
Immigrants make
up more than a third of the labor force
in California, with the largest shares of
immigrant workers concentrated in farming,
grounds and maintenance, production,
construction, and computer and
mathematical services occupations.
13
Immigrants in California have a range of
educational backgrounds. In 2015, more
8 Public Policy Institute of California, supra note 5.
9 Id.
10 Id.
11 Jie Zong & Jeanne Batlova, Migration Policy Institute, The Limited English Proficient Population in the United States (July 8,
2015), available at https://www.migrationpolicy.org/article/limited-english-proficient-population-united-states.
12 Children Living with Foreign-Born Parents, by Income Level and Legislative District, Kidsdata.org, available at https://bit.
ly/2JJdAGp.
13 Fact Sheet: Immigrants in California, American Immigration Council (Oct. 4, 2017) available at https://www.
americanimmigrationcouncil.org/research/immigrants-in-california.
14 Id.
15 Public Policy Institute of California, supra note 5.
than a quarter of adult immigrants had a
college degree or higher, while more than
a third had not received a high school
diploma.
14
In California, as well as in the
United States more generally, the children
of immigrants tend to be much better
educated than their parents. While 70%
of first-generation Californians age 60-69
have graduated from high school, 94% of
second-generation Californians age 30-39
have graduated from high school. Currently,
immigrants make up about 30% of California
workers with at least a bachelor’s degree.
15
Understanding the diverse background of
immigrants in California is a crucial precursor
to more effectively serving immigrant
children and families.
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TERM ADDITIONAL INFORMATIONDEFINITION
A#
The “alien registration number”
or “A-number,” this is the official
tracking number that immigration
authorities assign to noncitizens in
the U.S.
The A# is an 8- or 9-digit number.
The A# will generally be reflected on
each immigration-related document
for that person.
Alien
The technical term used in federal
law to refer to a foreign national
who is not a U.S. citizen.
This term can be seen as derogatory
and is generally used only in official
documents.
Adjustment of
Status
The process by which a person
becomes a lawful permanent
resident without leaving the
United States.
This is the most common procedure
used to become a lawful permanent
resident.
Arrival-
Departure Card
(also known as
Form I-94,
Arrival-Departure
Record)
The Customs and Border
Protection official at the port
of entry gives foreign visitors
(all non-U.S. citizens) an Arrival-
Departure Card when they enter
the U.S. Recorded on this card
or electronically is the visitor’s
immigrant classification and
authorized period of stay in the
U.S. This is either recorded as a
specific date or “D/S” (meaning
“duration of stay”).
It is important to keep this card safe
(if a physical card is given) with the
passport because it shows the length
of time foreign visitors are permitted
and authorized by the Department
of Homeland Security to stay in the
United States and also that they
made a legal entry.
Asylum seeker
A person fleeing their country of
origin because of persecution
based on their race, religion,
nationality, membership in
a particular social group, or
political opinion who fears
returning to their country of origin.
INA § 101(a)(42)(A).
An asylum seeker refers to
someone who is still in the process
of applying for asylum.
A person can lawfully request asylum
in the United States if they are either
in the United States or at the border.
Once an asylum seeker has filed
an application for asylum, they are
temporarily protected from removal/
deportation and may be eligible to
receive an employment authorization
document (work permit) during the
time that their asylum application is
pending. However, while their asylum
application is pending, they lack
lawful immigration status.
Many recently arrived children and
families are seeking asylum in the
U.S. The application process can be
very onerous, lengthy, and potentially
unsuccessful.
III. Definitions of Immigration Terms
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TERM ADDITIONAL INFORMATIONDEFINITION
Asylee
A person who is granted
immigration status because they
fled their country of origin due to
persecution based on their race,
religion, nationality, membership
in a particular social group, or
political opinion and who fears
returning to their country of origin.
INA § 101(a)(42)(A).
People who have been granted
asylee status are in the U.S. legally
(i.e., with lawful immigration status)
and often can get services that
are not available to other types
of immigrants. They also have the
right to work in the U.S. without a
separate employment authorization
card. While asylees are granted
their designation after their arrival
in the U.S., refugees receive
their designated status prior to
resettlement in the U.S., and thus
enter the U.S. with lawful immigration
status.
Certificate of
Naturalization
A document issued by the
Department of Homeland
Security as proof that a person
has become a U.S. citizen, or has
“naturalized.”
This document is only for people
who apply for citizenship. People
who are born U.S. citizens have birth
certificates as proof of citizenship
instead.
Department
of Homeland
Security (DHS)
The department of the federal
government charged with,
among other things, enforcing
and administering the nation’s
immigration laws, securing and
managing the borders, and
preventing terrorism.
DHS is the umbrella organization for
U.S. Customs and Border Protection
(CBP, www.cbp.gov), U.S. Citizenship
and Immigration Services (USCIS, www.
uscis.gov), and U.S. Immigration &
Customs Enforcement (ICE, www.ice.
gov).
Deferred
Action for
Childhood
Arrivals (DACA)
A program that provides a work
permit and protection from
removal for two years to certain
eligible undocumented people
who came to the U.S. when
they were under the age of 16
and meet the other eligibility
requirements. Note that DACA
is not an immigration status, nor
does it lead to U.S. citizenship.
See USCIS, Consideration of
Deferred Action for Childhood
Arrivals, https://www.uscis.gov/
archive/consideration-deferred-
action-childhood-arrivals-daca.
In September 2017, the federal
government terminated the DACA
program; however, due to ongoing
litigation, renewal DACA applications
continue to be processed for youth
who have already been granted
DACA in the past. No new DACA
applications are currently being
accepted. Check https://www.ilrc.
org/daca for updates.
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TERM ADDITIONAL INFORMATIONDEFINITION
Deportation
(Removal)
Proceedings
The process whereby an
immigration judge makes a final
legal decision regarding an
individual’s immigration case.
Employment
Authorization
Document
(EAD)
A work permit issued by USCIS that
allows the individual to work in
the U.S. legally until the expiration
date.
An immigrant youth may be eligible
for this card after applying for
certain types of immigration relief
such as asylum or adjustment of
status based on Special Immigrant
Juvenile Status. Working without such
authorization from USCIS could put
future immigration relief at risk.
Immigration
and Customs
Enforcement
(ICE)
The federal agency within the
Department of Homeland Security
that is responsible for enforcement
of immigration laws in the interior
of the U.S. (as opposed to
enforcement at the borders).
Increasingly, ICE enforces immigration
laws through collaboration with local
law enforcement (including the
juvenile justice system).
Immigration &
Nationality Act
(INA)
The federal immigration statute,
beginning at 8 USC § 1101.
Only Congress can amend federal
immigration law.
ICE Hold or
Detainer
A request by the federal
government to a local agency
with custody of an individual
to hold the person an extra 48
hours (except weekends and
federal holidays) after they would
otherwise be released under
state law so that the federal
government can assume custody
and initiate deportation/removal
proceedings. 8 USC § 1357(d); 8
CFR § 287.7.
ICE holds have been found to be
unconstitutional by various courts.
See, e.g., Roy v. City of L.A., No. CV
12-09012-AB (C.D. Cal. Feb. 7, 2018)
consolidated with Gonzalez v. ICE,
No. 2:13-cv-04416 (C.D. Cal. filed
Aug. 18, 2014).
This process includes hearing
applications for relief from removal,
such as asylum. If an individual
does not seek relief from removal,
or they are unsuccessful in their
application(s), the immigration
judge may order the individual
removed from the U.S.
Dual
Citizenship
The status of having citizenship in
two countries simultaneously.
When a child enters the child welfare
system with dual citizenship, the
agency must contact the consulate
of the child’s home country for
guidance, such as on relative
searches, placement, and
documentation searches.
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TERM
ADDITIONAL INFORMATIONDEFINITION
Legal
Permanent
Resident (LPR
or Green Card
Holder)
A person who can live and work
in the U.S. permanently unless
they abandon their status or are
found to have committed an act
that makes them deportable.
Legal permanent residents possess
many of the same rights as U.S.
citizens. However, they cannot vote,
and until gaining their U.S. citizen
status, remain at risk of deportation if
they violate federal immigration laws.
For example, an LPR may become
deportable if they are convicted of
certain crimes.
In some cases, permanent residency
may be granted on a conditional
basis. Typically, noncitizens who
have immigrated through a spouse
before having been married at least
two years will receive conditional
permanent residency for two years
before they can apply to remove
their conditional status.
Naturalized U.S.
Citizen
Naturalization is the process
through which an immigrant
becomes a U.S. citizen. Generally,
an immigrant must first be a
legal permanent resident (LPR)
for five years before applying for
naturalization, but some people
are eligible after three years. The
process includes an interview,
which assesses “good moral
character,” a civics exam, which
tests knowledge of U.S. history
and government, and an English
language exam.
Naturalized citizens possess the same
rights and responsibilities as native-
born citizens and cannot generally
be deported. In some cases, legal
permanent resident children can
become citizens automatically if their
parents naturalize before the children
turn 18. Otherwise, children cannot
apply for citizenship on their own until
they attain 18 years of age. LPRs who
are 18 years and older must generally
demonstrate five years of “good moral
character” when seeking to naturalize.
Office of
Refugee
Resettlement
(ORR)
A department within the U.S.
Department of Health and Human
Services – Administration for
Children & Families. Among other
things, ORR provides assistance and
support to refugees and asylees.
ORR also provides for the care and
placement of Unaccompanied
Alien Children (UACs) (referred to as
Unaccompanied Undocumented
Minors [UUM] by the California
Department of Social Services)
apprehended by Department of
Homeland Security immigration
officials and transferred to the care
and custody of ORR.
While youth are in federal custody,
ORR is charged with making and
implementing placement decisions in
the best interests of the child to ensure
placement in the least restrictive
setting possible. ORR’s goal is to release
children to appropriate family members
or other adults willing to serve as the
child’s “sponsor.” Sponsors care for the
child’s physical and mental well-being
and assure the child’s presence at their
removal/ deportation proceedings in
immigration court. ORR also provides a
limited amount of post-release services
to certain unaccompanied children
following their release from custody.
In addition, ORR is responsible for the
Unaccompanied Refugee Minor (URM)
program.
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TERM ADDITIONAL INFORMATIONDEFINITION
Permanently
Residing Under
Color of Law
(PRUCOL)
A term that describes categories
of noncitizens who are potentially
eligible for certain public benefits,
such as state-only foster care in
California. ACL 07-20; CFL 01/02-
42.
PRUCOL is not an immigration status.
Public Charge
A term used in immigration law
to describes noncitizens who
are likely to become primarily
dependent on government
benefits for their income. INA §
212(a)(4).
Depending on a person’s immigration
status, DHS or State Department
consular officers abroad can refuse
to let someone enter the U.S., re-
enter the U.S., or become a legal
permanent resident if they think that
person will not be able to support
themselves without these benefits in
the future. Public charge is not an
issue for immigrants who are applying
to become citizens, refugees or
asylees, Special Immigrant Juveniles,
and certain others granted forms
of humanitarian immigration relief
because they are specifically
exempted under the law.
Pursuant to current regulations,
non-cash assistance such as food
stamps will not cause someone to be
classified as a public charge. Also,
use of cash welfare by children or
other family members will not affect
the public charge ground for the
parent unless those benefits are the
family’s only income. The receipt of
services through the child welfare
system also would not be relevant in
a public charge determination.
The federal government is
proposing to drastically expand the
circumstances when someone can
be classified as a public charge, but
this change in the regulations has not
gone into effect at the time of this
writing. Even if it does go into effect
in the future, public charge still would
not apply to immigrants applying for
citizenship, asylum, SIJS, U-Visa, and
other certain forms of humanitarian
relief.
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TERM ADDITIONAL INFORMATIONDEFINITION
Special
Immigrant
Juvenile Status
(SIJS)
A special immigration relief
option for abused, abandoned,
or neglected children who are
dependent on a juvenile court or
placed in the custody of a state
agency or department, or an
individual or entity. INA § 101(a)
(27)(J).
A juvenile court is any state court
that has jurisdiction to make decisions
about the care and custody of a
minor. The juvenile court must make
findings that reunification with one
or both of the child’s parents is not
viable due to abandonment, abuse,
neglect, or a similar basis under state
law, and that it is not in the child’s
best interest to return to their home
country.
Youth who are granted SIJS may be
eligible to apply for a green card.
T-Visa
A visa for victims of a severe form
of human trafficking, including
labor or sex trafficking. A T-Visa is
temporary, but can lead to legal
permanent residency (a green
card). INA § 101(a)(15)(T).
People who were trafficked inside
the U.S. may be eligible for a T-Visa.
The applicant will generally need
to contact law enforcement about
the trafficking in order to be eligible,
unless the applicant is under 18 years
old or fits within an exception for
those unable to cooperate due to
severe trauma.
Temporary
Protected
Status (TPS)
A form of temporary immigration
relief available to people from
specific countries that the
Department of Homeland Security
(DHS) has designated are unsafe
to return to, for example, due to
ongoing civil war or recent natural
disaster. INA § 244.
Countries that have been designated
for TPS in the past include El Salvador,
Haiti, Honduras, Nepal, Nicaragua,
Somalia, Sudan, South Sudan, Syria
and Yemen. TPS designation is a
discretionary determination that the
government can end upon notice. The
federal government has announced
terminations of TPS for many of the
countries listed above in recent years,
but lawsuits have been filed that
may restrict the government’s ability
to terminate those designations. For
example, a federal judge ruled in
October 2018 that DHS could not
terminate TPS for Sudan, Haiti, El
Salvador, and Nicaragua, pending
further resolution of the case. See
Ramos, et al. v. Nielsen, et al., No. 18-
cv-01554 (N.D. Cal. Oct. 3, 2018).
For updated information about TPS, go
to https://www.uscis.gov/humanitarian/
temporary-protected-status.
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TERM ADDITIONAL INFORMATIONDEFINITION
Unaccompanied
Refugee Minor
Program (URM)
An ORR program for which
refugee children are eligible if
they do not have a parent or
relative available and committed
to providing long-term care.
Children placed into the URM
program receive refugee foster
care services and benefits.
ORR also identifies certain minors
who may become eligible for the
URM program after they arrive in
the United States and do not have
a parent or a relative available to
provide care. The majority of these
minors identified by ORR within the
U.S. originate as unaccompanied
alien children (UACs) and are referred
to the URM program once they meet
all of the eligibility requirements.
Unaccompanied
Alien Child (UAC)
A child who (1) has no lawful
immigration status in the United
States; (2) has not attained 18
years of age; and (3) has no
parent or legal guardian in the
United States, or no parent or
legal guardian in the United States
is available to provide care and
physical custody. 6 U.S.C. § 279(g)
(2).
In immigration law, the UAC designation
confers certain benefits and triggers
several child-friendly processes.
Currently, even children who have
parents in the U.S. may be classified as
UACs if their parents are undocumented
and fear coming forward to pick up
their children from immigration officials
or are unable to pick up their children
for some other reason (e.g. when a
child is detained at the border and the
parent lives in another state). In the
past, once a child had been deemed
a UAC, they typically continued to be
treated as a UAC, retaining access
to certain benefits and processes.
However, the federal government is
currently changing their policies to
allow for continuous re-evaluation
of whether or not a child meets the
definition of a UAC.
The term “UAC” is to be distinguished
from the child welfare designation of a
child as “unaccompanied,” as “UAC”
has the distinct meaning set forth in
immigration law.
Undocumented
Immigrant
(i.e., “Illegal
Alien”)
A person who lives in a
host country without legal
documentation or permission.
Undocumented immigrants may have
entered the U.S. unlawfully or entered
lawfully but overstayed a temporary
visa, such as a tourist visa. They do
not have permission to work and are
not eligible for most health and social
services programs. Many may be
eligible to apply for lawful immigration
status through special relief options or
become legal permanent residents
through the sponsorship of a family
member or employer.
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TERM ADDITIONAL INFORMATIONDEFINITION
U.S. Citizenship
and Immigration
Services
(USCIS, formerly
known as
Immigration and
Naturalization
Services or INS)
The federal agency charged
with processing and deciding
immigrant visa petitions and
applications including SIJS, VAWA,
naturalization, and asylum.
As compared to Immigration Court,
USCIS cannot order someone
removed or deported. USCIS only
decides whether to grant or deny
someone’s application for legal
immigration status.
However, increasingly, USCIS is also
involved in immigration enforcement,
as they have the power to refer
cases to ICE or issue a Notice
to Appear (NTA), the charging
document that places someone in
removal proceedings.
There are many USCIS field offices
located throughout the country
where interviews are held for
potential immigration options.
U-Visa
A visa for undocumented victims
of a serious crime in the U.S. who
cooperate with law enforcement.
A U-Visa is temporary but
can lead to legal permanent
residency (a green card). INA §
101(a)(15)(U).
U-Visas are intended to help
overcome the victim’s fear of
immigration detection and
encourage reporting and other
cooperation with the investigation
or prosecution of crimes. They are
also designed to protect vulnerable
victims and assist domestic violence
victims and other crime survivors who
may otherwise not seek protection
from law enforcement due to fear
of deportation. The applicant must
assist in the investigation and/
or prosecution of the crime (or, if
the applicant is under age 16, an
adult may be able to assist in the
investigation and/or prosecution on
their behalf) and later get a signed
law enforcement certification as
proof of their assistance.
Child welfare agencies can sign law
enforcement certifications for U-Visa
applicants because they have
authority to detect and investigate
criminal activity. 8 CFR §§ 214.14(a)
(2) & (a)(5).
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TERM ADDITIONAL INFORMATIONDEFINITION
Visa
A visa is an official document
that allows a foreign national to
enter and reside in the United
States. There are over 150 different
types of visas, each with different
requirements and restrictions.
Visas generally fall into two
categories: nonimmigrant and
immigrant visas. Nonimmigrant visas
are granted for temporary stays in
the U.S., such as a tourist or student
visa. Immigrant visas are granted
to those who wish to enter and live
permanently in the U.S., such as
spousal visas. While immigrant visa
petitions always provide a pathway
to permanent residency, only certain
nonimmigrant visas–such as U-
and T-Visas–provide a pathway to
permanent residency.
Violence Against
Women Act
(VAWA)
A collection of federal laws that
permit abused family members
of U.S. citizens or permanent
residents to self-petition for
a green card without the
cooperation of the abuser. INA §
204(a)(1)(A)(iii) (spouse of USC);
INA § 204(a)(1)(B)(ii) (spouse of
LPR); INA § 204(a)(1)(A)(iv) (child
of USC) and INA § 204 (a)(1)(B)(iii)
(child of LPR); INA § 204(a)(1)(A)
(vii) (parent of USC).
VAWA is designed to protect abused
immigrant spouses, children, and
parents who may be afraid to
seek police protection or leave an
abusive partner for fear of losing their
pathway to legal immigration status.
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Immigrant families are vulnerable to many
different types of trauma across their
migration experience. Some traumas are
unique to specific points of the migration
process; others can occur at any point
before, during, or after migration. The
following lists trauma types that are
characteristic of specific migration points;
however, this list is by no means exhaustive.
PRE-MIGRATION: Before leaving their country of
origin, immigrant families often experience mass
violence or other threats to survival such as:
• War and conflict (direct and indirect
exposure to physical and sexual
violence);
• Lack of food, water, shelter, and
medical care;
• Forced displacement;
• Gang violence and threats of
violence or murder; and
• Traumatic grief related to the death
of a caregiver or other important
person.
DURING MIGRATION: During the transition to
a new residence, families may experience
additional traumas involving abuse,
exploitation, and violence (both as a victim
and as a witness), such as:
• Direct or indirect exposure to
physical and sexual violence;
• Lack of food, water, shelter, and
medical care;
• Human trafficking and financial
exploitation;
• Sudden and prolonged separation
from family and other protective
caregivers (in some instances,
forced separation);
• Hazardous travel (often long
distance by foot or unsafe
transportation);
• Unsafe and harmful living
conditions within refugee camps;
and
• Government harassment,
persecution, or surveillance,
including by local law
enforcement.
POST-MIGRATION: Vulnerability to traumatic
exposure is not reduced after migration.
Rather, the post-migration period brings
with it a number of continuing dangers and
hardships that can keep youth and their
families in a perpetual state of stress/survival.
As families attempt to adjust to the norms,
customs, and traditions of a new country, they
often face stressors such as:
• Extreme poverty;
• Discrimination/bullying/hate crimes
based on a component of one’s
identity (e.g. race, ethnicity, sexuality,
religion, or native language);
• Separation from family members;
• Family violence;
• Location in unsafe neighborhoods
(e.g., drug exposure, community
violence, etc.); and
• Enhanced immigration enforcement
and targeting of immigrant
communities.
IV. TRAUMA & IMMIGRANT FAMILIES
16
16 This section used with permission of the authors. Neha Desai, Melissa Adamson, Maureen Allwood, Carly Baetz, Emma
Cardeli, Osob Issa, Julian Ford, Primer for Juvenile Court Judges: A Trauma-Informed Approach to Judicial Decision-Making for
Newcomer Immigrant Youth in Juvenile Justice Proceedings (Feb. 2019).
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The Enduring Effects of Trauma
Childhood traumatic experiences alter the
brain’s responses to stress. When faced with
danger, the brain’s alarm system reacts with
a classic stress response (i.e., the fight, flight,
or freeze response). This is an automatic
survival reaction by the body in order to
keep the youth safe. In the immediate
aftermath of a traumatic experience, the
majority of youth will experience immediate
and severe psychological distress, or “acute
traumatic stress” reactions. For some, these
reactions lay down the foundation for
chronically living in survival mode. Acute
traumatic stress reactions may include:
• Hypervigilance (e.g., constantly
looking out for danger, extreme
distrust of others, difficulty
concentrating, and isolation or
withdrawal);
• Intrusive thoughts (e.g., “My life is
over,” “I should have protected my
family”);
• Recurrent memories or images of
the traumatic experience(s);
• Difficulty regulating emotions (e.g.,
intense anger, guilt, grief, shame,
terror, confusion);
• Becoming emotionally shut-down,
numb, or dissociated;
• Avoidance of reminders of the
trauma;
• Negative views of themselves as
worthless or “damaged”; and
• Reenactment of traumatic
experiences (e.g., engagement in
violence, sexual behavior).
When youth experience multiple or
sequential traumas—as often is the
case for newcomer immigrant youth—
they are especially likely to have these
acute reactions become a chronic way
of living (i.e., survival coping). Survival
coping involves using coping tactics that
are defenses against severe danger,
such as reacting impulsively or with
aggression, running away, or shutting
down psychologically. It is an automatic
biological and psychological reaction
that occurs in response to feeling unsafe,
insecure, or threatened—even though
the current circumstances may no longer
involve trauma that actually poses a threat
to survival.
These coping strategies might have been
protective and/or adaptive in the context
of past traumatic exposure, but can be
harmful or maladaptive when carried out in
response to everyday life stressors. Indeed,
survival coping can lead to aggression,
impulsivity, running away, or truancy. When
newcomer immigrant youth have had to
use survival coping to overcome traumatic
experiences, they need to trust that they
are safe and that the adults in their lives will
protect them from harm in order to move
out of survival mode.
CHILDHOOD TRAUMATIC
EXPERIENCES ALTER THE BRAIN’S
RESPONSES TO STRESS.
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V. UNIQUE EXPERIENCES OF UNACCOMPANIED MINORS
Although newcomer immigrant youth
17
have
many similar experiences, unaccompanied
children face unique challenges by virtue
of being separated from their families,
traveling without their primary caregivers,
being subjected to detention by the federal
government, and having to acculturate while
transitioning from being on their own to being
with a caregiver.
Research shows that separation from parents
is a grave risk factor for the psychological
17 By “newcomer immigrant youth,” we refer to the subset of immigrant children who have recently arrived to the U.S. seeking
refuge, whether they are accompanied with family members or not. See Desai, et al., supra note 16.
18 Ilse Derluyn, et al., Post-traumatic Stress in Former Ugandan Child Soldiers, 13 LANCET 861 (2004).
19 Center on the Developing Child, Toxic Stress, Harvard University, available at https://developingchild.harvard.edu/science/key-
concepts/toxic-stress/.
well-being of children and adolescents,
particularly those who are faced with multiple
and cumulative stressors or living in adverse
situations.
18
For unaccompanied children, the
absence of their parents or adult caregiver
means that they are more likely to experience
toxic stress and its consequent short- and
long-term effects. A toxic stress response
can occur when a child experiences strong,
frequent, and/or prolonged adversity without
adequate adult support.
19
By increasing
the level of stress hormones and negatively
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impacting the development of the brain,
toxic stress is associated with increased rates
of mental health issues, risky health behaviors,
and physical conditions such as diabetes,
cancer, PTSD, and heart disease.
20
Migration
Children attempting to flee to the United
States face long and perilous trips without
their parents or adult caregivers. While these
children come to the United States for many
different reasons, the majority are fleeing
their home countries in order to escape
violence, extreme poverty, and/or to be
reunited with a parent, guardian, or family
member.
21
Often crossing several borders,
children travel hundreds of miles by foot, by
bus, or atop dangerous freight trains. They
endure weeks or months without sufficient
food, medical care, or safe sleeping spaces.
Studies show that the presence of parents and
other family members during migration may
reduce the extent to which children perceive
these experiences as terrifying or traumatic.
22
Without the safety and protection that family
provide, children are left to cope on their own.
Detention
The dangers and risks facing
unaccompanied children do not end when
they reach the United States. Once detained
by Customs and Border Protection (CBP),
20 Samantha Artiga & Petry Ubri, Henry J. Kaiser Family Foundation, Living in an Immigrant Family in America: How Fear and
Toxic Stress Are Affecting Daily Life, Well-Being, & Health (Dec. 13, 2017), available at http://files.kff.org/attachment/Issue-Brief-
Living-in-an-Immigrant-Family-in-America.
21 Adam Avrushin & Maria Vidal de Haymes, Well-Being and Permanency: The Relevance of Child Welfare Principles for Children
Who are Unaccompanied Immigrants, 96 CHILD WELFARE 6 (2019).
22 Ruthann Hicks et al., Psychosocial Considerations in the Mental Health of Immigrant and Refugee Children, 12 CAN. J. CMTY.
MENTAL HEALTH 71 (1993).
23 Betsy Cavendish & Maru Cortazar, Children at the Border: The Screening, Protection and Repatriation of Unaccompanied
Mexican Minors (2011), available at http://www.appleseednetwork.org/wp-content/uploads/2012/05/Children-At-The-Border1.
pdf.
24 Steven Hsieh, Migrant Children Accuse Border Patrol Agents of Physical and Sexual Assault, THE NATION, June 12, 2014,
available at https://www.thenation.com/article/migrant-children-accuse-border-patrol-agents-physical-and-sexual-assault/.
children are supposed to be screened and
interviewed within 48 hours. Without parents
or a trusted adult to help them throughout
the screening process, unaccompanied
children often do not understand their legal
options or rights. This may negatively impact
their ability to obtain immigration relief, as
they may choose to voluntarily depart the
country instead of seeking asylum, may not
know the pertinent information to provide in
a credible fear interview, and may not have
any documents to help support their claim.
During these interviews, children may recount
stories of the trauma and violence that
they experienced in their home countries.
However, children’s interviews are conducted
by CBP officers who are not trained to
detect or provide support for signs of abuse
or trauma.
23
Without subsequent familial
or mental health support, the screening
interviews may serve to re-traumatize these
children. There have also been reports of
widespread verbal, physical, and sexual
abuse of minors by CBP agents during the
detention and screening process.
24
Once transferred from the custody of CBP
to the custody of the Office of Refugee
Resettlement (ORR), children may be
detained for months or even years while
they wait to be released to an adult sponsor.
Warehoused in facilities ranging from shelters
to juvenile halls, these children are confronted
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with language barriers, unfamiliar rules, and
new cultural expectations. Their detachment
from parents and family is further intensified
by restricted communications; children
are often limited to two 10-minute phone
calls per week. Studies of detained
unaccompanied immigrant children in the
United States have found high rates of post-
traumatic stress disorder, anxiety, depression,
suicidal ideation, and other behavioral
problems.
25
Experts agree that even brief
detention can cause psychological trauma
and induce long-term mental health
problems for children.
26
In addition to the
psychological stress of being detained,
children are often not kept informed about
the sponsorship process and left constantly
wondering if and when they will be released
to their families.
Acculturation
Acculturation is a “process of cultural
contact and exchange through which a
person or group comes to adopt certain
values and practices of a culture that is not
originally their own, to a greater or lesser
extent.”
27
Acculturative stress occurs as
children are thrust into an unfamiliar culture
and society, different social structures, and
new role patterns. For unaccompanied
children, this may present differently than
for immigrant children that arrive in the U.S.
with their primary caregivers. Indeed, for this
25 Charles Baily et al., The Psychosocial Context of Mental Health Needs of Unaccompanied Children in United States
Immigration Proceedings, 13 GRADUATE STUDENT J. PSYCHOL. 4 (2011).
26 Jessica Chicco et al., Society for Community Research and Action: Division 27 of the American Psychological Association,
Policy Statement on the Incarceration of Undocumented Migrant Families, 57 AM. J. CMTY. PSYCHOL. 255 (2016).
27 Nicki Lisa Cole, Understanding Acculturation, ThoughtCo., Sept. 26, 2018, https://www.thoughtco.com/acculturation-
definition-3026039.
28 Derluyn et al., supra note 18.
29 Andrea Smith et al., Serial Migration and its Implications for the Parent-Child Relationship: A Retrospective Analysis of the
Experiences of the Children of Caribbean Immigrants, 10 CULTURAL DIVERSITY & ETHNIC MINORITY PSYCHOL. 107 (2004).
particular group, the migration experience
“means the loss of the familiar: home,
language, belongings, cultural milieu, social
networks and social status—without the
support of an intact family to buffer against
those losses.”
28
Unaccompanied children
also face a new set of challenges when they
are released to adult caregivers who may
or may not be the primary caregivers that
raised them.
Due to extended time apart, children
may feel a lack of attachment with their
caregivers. Having been accustomed to
independently adapting and surviving in
life-threatening circumstances, children
may experience difficulty in transitioning
back into a typical child-adult relationship.
Research shows that the longer the
separation they experienced, the less
likely adolescents reported being able “to
identify with their parents or being willing
to conform to their rules at the time of
reunification.”
29
Unaccompanied children
who are subsequently reunited with their
parents may feel competitive with siblings
born in the United States for their parents’
DUE TO EXTENDED TIME APART,
CHILDREN MAY FEEL A LACK
OF ATTACHMENT WITH THEIR
CAREGIVERS.
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affection and attention.
30
Children may also
feel disappointed in how their reunions with
their caregivers turn out, as compared to
their fantasies and dreams about life in the
United States.
31
Throughout this transition
period, children are also subject to constant
uncertainty over their immigration cases and
potential deportation back to their home
countries.
At the same time that children are
being forced to integrate into the host
society, they are also experiencing the
disintegration and loss of the society,
community, and culture that has been
left behind.
32
This acculturation process
can evoke acculturative stress, which may
trigger depression, anxiety, feelings of
marginalization and alienation, increased
psychosomatic symptoms, and identity
confusion.
33
30 Elaine Arnold, Separation and Loss Through Immigration of African Caribbean Women to the UK, 8 ATTACHMENT & HUMAN
DEV. 159 (2006).
31 Ceres I. Artico, Latino Families Broken by Immigration: The Adolescent’s Perceptions, New York: LFB Scholarly (2003).
32 Ravi Kohli, Social Work with Unaccompanied Asylum-Seeking Young People, 12 FORCED MIGRATION REV. 31 (2002).
33 Joseph D. Hovey & Cheryl A. King, Acculturative Stress, Depression and Suicidal Ideation Among Immigrant and Second-
Generation Latino Adolescents, 35 J. AM. ACAD. CHILD & ADOLESCENT PSYCHIATRY 1183 (1996).
34 Alexandra Citrin, Megan Martin & Shadi Houshayar, Supporting Youth at the Intersection of Immigration and Child Welfare
Systems, 96 CHILD WELFARE J. OF POL’Y, PRAC. & PROGRAM 5 (2019).
Yet, despite often experiencing stress related
to past trauma, acculturation, challenging
family dynamics, difficulties navigating new
systems, obstacles to eligibility for services,
and language barriers, research shows that
immigrant youth are important members
of their families and communities who
possess exceptional strengths, demonstrate
resilience and productivity, and experience
positive health outcomes.
34
Child welfare
workers should leverage these strengths to
work successfully with immigrant youth to
advocate for their safety and well-being.
AT THE SAME TIME THAT
CHILDREN ARE BEING FORCED
TO INTEGRATE INTO THE
HOST SOCIETY, THEY ARE
ALSO EXPERIENCING THE
DISINTEGRATION AND LOSS OF
THE SOCIETY, COMMUNITY, AND
CULTURE THAT HAS BEEN LEFT
BEHIND.
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VI. CULTURAL CONSIDERATIONS
35
35 Adapted with permission of the authors. See Desai et al., supra note 16.
Immigrant youth and families carry with them
unique and varied cultural characteristics.
For many families, cultural identity plays an
important role in helping to build strong self-
esteem and cultivate a positive sense of
community. By maintaining a connection to
their culture through traditions, language,
behaviors, beliefs, and values, families
may build both individual resilience and a
community network that will provide critical
support.
Within the context of child welfare
involvement, child welfare agencies should
consider cultural characteristics when
attempting to better understand families’
current behaviors and interactions, craft
effective interventions, and avoid potential
pitfalls. Trust-building is crucial early on, since
immigrant families have experienced many
obstacles in order to establish themselves
in the United States, and interaction with
child welfare “authorities” may create an
increased level of anxiety.
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Child Welfare Involvement
In other countries, court or government
engagement is often considered a last resort
for addressing abuse or neglect. Before
even considering approaching the judicial
system, many will attempt to utilize informal
resources first. This includes extended family,
tribal leaders, religious leaders, and/or other
important figures within the community.
Consequently, some families have a hard time
understanding why and how certain actions
have led to court involvement in the U.S.
In addition, fear and mistrust of government
and law enforcement is commonplace in
other countries where corruption and abuses
of power at the state or national level are
widespread. Contact with these systems is
often exceedingly negative and exposes
families to further risk of trauma. As a result,
these systems are often perceived as harmful,
unhelpful, and something to be avoided. This
historical trauma may make it hard for certain
families to productively engage with judicial
systems when in the United States. Many
families are also fearful of attending court
hearings due to their immigration status and
the threat of detention and deportation.
36
Different Cultural Norms Related to
Parenting
Immigrant caregivers who have recently
arrived in the United States face the
challenging task of parenting their children in
a new cultural context, which can increase
the caregivers’ feelings of disempowerment.
Parenting skills that were valued and practiced
in their home countries might not be socially
or legally acceptable in the United States.
36 Adam Avrushin & Maria Vidal de Haymes, Well-Being and Permanency: The Relevance of Child Welfare Principles for Children
Who are Unaccompanied Immigrants, 96 CHILD WELFARE 6 (2019).
As such, caregivers must learn to navigate
parenting in a new cultural context while trying
to preserve their cultural identity and roots.
This uncertainty about parental role is
particularly concerning for newcomer
immigrant families because these caregivers
have often been disenfranchised in other ways,
such as the inability to work and support their
family. In addition, due to language barriers,
caregivers often rely on youth to translate and
communicate on their behalf. This can result
in role-reversal and parentification of youth,
which might increase the risk of caregiver-
youth conflict. Such conflict can exacerbate
stress responses, reduce the support needed
for resiliency, and ultimately increase the risk of
system involvement.
Language Barriers
Providing interpreter services is critical to
fully engaging with families involved in the
child welfare system. Language barriers can
impede communication and delay court-
ordered case evaluations or participation in
parenting and reunification programs. The
child welfare agency should make every effort
to assign referrals or cases involving persons
whose primary language is not English to
social workers who speak the language of the
clients.
If this is not possible, the Department must
offer and provide interpreter services in the
language the client has specified for oral
communication. Under CDSS regulations
(Division 21 § 115-201), the Department is
required to ask clients their preferred language
for oral and written communication and to
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document the preferred language(s) in the
client's case file. Clients are not prohibited from
providing their own interpreter, although the
Department cannot require them to do so. It is
prohibited to use minor children as interpreters,
except temporarily under extenuating
circumstances or at the specific request of the
client. For more information on identifying a
client’s language needs, see Appendix A.
The Use of Cultural Brokers in Child Welfare
Given the many ways in which the child
welfare system may be unfamiliar to immigrant
families, child welfare agencies should consider
developing approaches that help orient
immigrant families to the system. One such
approach may involve “cultural brokering.”
Cultural brokering is “the act of bridging, linking,
or mediating between groups or persons of
differing cultural backgrounds for the purpose
of reducing conflict or producing change.”
37
A cultural broker is an individual who serves
as a “go-between, one who advocates or
intervenes on behalf of another individual or
group.”
38
In the past few decades, the value
of cultural brokers in facilitating the delivery
of health care to diverse and marginalized
populations has been well documented.
39
More recently, cultural brokers have been used
in the child welfare system with promising results.
In 2010, the Cultural Brokers Research Project
37 Mary Ann Jezewski, Culture Brokering in Migrant Farmworker Health Care, 1990 W. J. NURSING RESEARCH 497 (1990).
38 Mary Ann Jezewski & Paula Sotnik, Culture Brokering: Providing Culturally Competent Rehabilitation Services to Foreign-Born
Persons, 2001, http://cirrie-sphhp.webapps.buffalo.edu/culture/monographs/cb.php#s2.
39 See Georgetown University Center for Child & Human Development, Bridging the Cultural Divide in Health Care Settings: The
Essential Role of Cultural Broker Programs, https://nccc.georgetown.edu/culturalbroker/2_role/index.html.
40 Salvador Montana et al., Cultural Brokers Research Project: An Approach to Community Engagement with African American
Families in Child Welfare, California Social Work Education Center, Department of Social Work Education at California State
University Fresno, 2010, http://cssr.berkeley.edu/cwscmsreports/LatinoPracticeAdvisory/PRACTICE_Cultural_Mediator_Programs/
Cultural_Brokers/Montana.pdf.
41 Id. at 6.
42 Id. at 10.
evaluated the outcomes of a cultural brokering
approach used with African-American
families involved in child welfare proceedings
in Fresno County.
40
This study found that the
vast majority of families that were provided
a cultural broker found the broker to be very
helpful in linking them to community resources.
In addition, the families felt that the cultural
broker helped to explain the child welfare
system and the County’s processes in clear and
understandable terms.
41
In acknowledging that many African-American
families may “find involvement with the
child welfare system daunting, intimidating,
difficult to understand, and leading to a state
of powerlessness,” the study found that the
presence of a cultural broker helped families
to better negotiate the system, feel more
empowered to change circumstances in their
lives, and access the resources they needed.
42
These findings suggest that there may be a
role for cultural brokers to play in helping to
serve immigrant children and families involved
with the child welfare system. Child welfare
agencies may want to explore the use of
cultural brokers when working with immigrant
families to determine whether they are
effective in promoting the long-term safety,
permanence, and well-being of immigrant
children.
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STRENGTHENING CHILD WELFARE PRACTICE FOR IMMIGRANT CHILDREN & FAMILIES
VII. IMMIGRATION RELIEF OPTIONS FOR CHILDREN
AND FAMILIES
It is critical that noncitizen children,
parents, or other caregivers involved in
the dependency system be referred for
immigration legal services. Children and
caregivers who lack legal status cannot
legally work, access federal financial aid, or
qualify for most public benefits. Additionally,
they must live with the constant threat of
deportation. These factors all undermine
the goals at the heart of the child welfare
system: safety, permanency, and well-being.
IDENTIFYING THE NEED FOR
IMMIGRATION SERVICES
Child welfare workers should be sensitive to
the fact that immigrants may be reluctant
to interact with government employees
for fear of being reported to Immigration
& Customs Enforcement (ICE). Therefore,
workers should not inquire about immigration
status until after they have engaged the
family and explained the purpose of the
inquiry. Information obtained by the child
welfare agency, including immigration status
of family members, is confidential and should
rarely—if ever—be shared with someone
outside of the agency. Workers should
consult with supervisors if there are any
questions regarding sharing of information.
Additionally, workers should clearly
communicate these confidentiality policies
to their clients and families to prevent any
misconceptions that they could be reported
to ICE.
The best way to determine whether a child
might need immigration assistance is to look
at his or her birth certificate. If the child has
a U.S. birth certificate, he or she is a United
States citizen and does not need immigration
assistance. If the child has a foreign birth
certificate, he or she may need immigration
assistance, and you should consult with
an immigration expert. A parent may also
disclose the need for immigration assistance
for himself or herself, or for their child. Even
adults can be unclear on their immigration
status, so it is important to refer parents and
other caregivers to an immigration expert if
there is confusion or a need for assistance.
Immigrant families in need of legal assistance
should be referred to local agencies for free
legal assistance or case consultation. To find
trusted immigration nonprofits in your area,
visit https://www.immigrationlawhelp.org.
Note that there are special immigration relief
options to obtain lawful immigration status
available to undocumented children who
have been abused or neglected. A social
worker or dependency attorney may be the
first and only person an eligible immigrant
child sees who is able to identify the issues
and get help. If an immigration relief option is
not identified early on, the child may lose the
chance of obtaining legal immigration status.
For example, a child must apply for Special
Immigrant Juvenile Status (SIJS) with the
federal government before turning 21, or they
will no longer be eligible. It is, therefore, critical
that social workers and/or dependency
attorneys screen children and if possible,
families, for potential immigration relief. See
Appendix B for sample screening questions
developed by the Immigrant Legal Resource
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Center. Moreover, California law requires that
for any child in DSS custody who is age 16 or
older, the child’s case plan must document
whether an in-progress application for SIJS or
other immigration status exists, and whether
an active dependency case is required in
support.
43
For further information about SIJS,
see below.
44
Proceeding with the screening necessary
to determine the specific eligibility for any
of these forms of immigration status or
the actual application process without
assistance from a competent immigration
advocate or attorney is discouraged.
However, flagging these issues for children
and families, and referring them to your
local legal services provider, will encourage
them to follow up and pursue potential legal
options. For a list of non-profit legal service
providers in the area, visit https://www.
immigrationlawhelp.org.
45
43 Cal. Welf. & Inst. Code § 16501.1(g)(16)(A)(ii).
44 INA § 101(a)(27)(J).
45 Please be aware that “notarios,” or notary publics, often pose as experts of immigration law and unlawfully provide legal
advice to vulnerable immigrant communities. This can have devastating effects on people’s immigration cases. See the
American Immigration Lawyers Association website for more information (https://stopnotariofraud.org/).
SPECIAL IMMIGRANT JUVENILE
STATUS
Special Immigrant Juvenile Status (SIJS)
provides legal protection for certain
undocumented immigrant youth who have
been abused, abandoned, or neglected by
allowing them to legalize their immigration
status and become lawful permanent
residents in the United States. Children are
eligible for permanent residency through
SIJS if they: 1) are under the jurisdiction of
a juvenile court (including a dependency,
delinquency, guardianship, or family court);
and 2) the juvenile court has made a
finding that it cannot reunite the child with
one or both parents due to abuse, neglect,
or abandonment and that it is not in the
best interests of the child to return to the
home country or country of last residence.
After a state court makes these findings,
the child may then apply for SIJS with the
federal government, and if successful, can
also apply for permanent residency.
In a dependency matter, the juvenile court
in which the child is seeking SIJS findings
might have placed the child in a foster
home, foster care group home, or other
rehabilitative setting, or the child may
reside with the non-offending parent. It
is not necessary for the court to formally
terminate either or both parents’ rights in
order to issue SIJS findings. The immigration
status of the parents is irrelevant. The SIJS
Information to share with families when
discussing immigration status:
1) Clearly state that you do not represent
or work for the federal government or
immigration enforcement.
2) Explain that information regarding
immigration status is confidential and will not
be shared with immigration enforcement.
3) State why you are asking about
immigration status and explain that you can
refer them to immigration legal services if
necessary.
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application must be adjudicated while
the child remains under juvenile court
jurisdiction unless termination of jurisdiction
is due to age. Therefore, it is imperative that
social workers, dependency attorneys, and
immigration advocates screen children
for possible eligibility for relief early in the
process. One tactic, when needed, is to
encourage dependency until age 21, an
option available in California. The juvenile
court judge will have to sign a special order
known as a predicate order, making the
required findings.
On March 23, 2009, significant changes to
the SIJS requirements went into effect as
a result of the passage of the Trafficking
Victims Protection and Reauthorization
Act (TVPRA) of 2008, H.R. 7311. This law
made some changes to certain SIJS
requirements and procedures to expand
protections for noncitizen children and
youth. Under the TVPRA, the state court
order needed to file for SIJS must include a
finding that reunification with one or both
parents is not viable due to abuse, neglect,
abandonment, or a similar basis under state
law and that it is not in the best interest
of the child to return to his or her home
country. The change in language to “one
or both” parents is a significant expansion
in protection. This language made children
for whom reunification is not viable with
only one parent eligible for SIJS. This means
that, for example, a child who remains
with, is reunified with, or is in the process of
receiving reunification services with one
parent is eligible for SIJS so long as the court
has determined that reunification is not
viable with the other parent. Additionally,
a child no longer has to stay under the
jurisdiction of the court until the entire
immigration application is adjudicated if
the termination of jurisdiction is due to age.
No child can be denied SIJS on account
of age as long as he or she was under 21
when he or she applied.
To go through the SIJS application
process, a young person needs to submit
two different applications; an initial SIJS
application followed by an application
for adjustment of status (the process to
become a legal permanent resident, i.e.,
green card holder). The application process
can take anywhere from a few months to a
few years, depending on the child’s country
of origin and any complicating factors
in the case. For further information and
guidance on seeking Special Immigrant
Juvenile Status, see Appendix C. Due to
increased complexity and risks in SIJS cases,
children applying for SIJS with the federal
government should be represented by
immigration counsel. It is not recommended
that social workers file applications for SIJS
on behalf of youth.
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OTHER PATHS TO LEGAL STATUS
There are various paths through which undocumented children and adults may be able to gain
lawful status in the United States. The below list is not exhaustive, but rather contains the most
common forms of immigration relief for which children and families may be eligible. Some of
these forms of relief are referenced in Section III., Definitions.
FORM OF
RELIEF
EXPLANATION
Asylum
INA § 101(a)(42)(A)
Withholding of
Removal
INA § 241(b)(3)(B);
8 C.F.R. § 208.16
Protection under
the Convention
Against Torture
Convention against
Torture and Other
Cruel, Inhuman or
Degrading Treatment
or Punishment, Dec. 10,
1984, 1465 U.N.T.S. 85
A person may be eligible for asylum if they can demonstrate that they have (1) a well-
founded fear of persecution (the infliction of harm or suffering
46
) (2) on account of their
race, religion, nationality, membership in a particular social group, or political opinion (3)
by the government or by those the government is unable or unwilling to control.
For example, if a child was persecuted because they are part of a religious or ethnic
minority, the child may be able to argue that they merit asylum protection in the U.S.
Asylum cases are extremely complex and should only be filed with the assistance of a
skilled immigration attorney.
A child could apply for asylum on their own or benefit from a parent who obtains asylum.
In the latter situation, if the parent is granted asylum and the child was included as a
beneficiary—or “derivative”—in their asylum application, the child will also become
an asylee. If the parent is granted asylum but did not originally include the child as a
derivative in their application, the parent must apply for the child no later than two years
after the parent receives asylum. After one year in asylee status, the asylee may apply
for a green card.
Withholding of removal
is a similar form of relief to asylum and is granted to immigrants
who can demonstrate that they will be persecuted in their home country. Withholding is
often sought or granted in situations where the applicant is barred from asylum eligibility.
It is different from asylum protection because it has a higher burden of proof and
provides fewer and more limited benefits.
A person who fears torture by the home government for any reason can apply for
benefits under the Convention Against Torture. This has a significantly higher bar than
asylum and withholding of removal and does not provide a pathway to permanent
residency.
Children applying for asylum or withholding are entitled to special protections and
evidentiary rules. Typically, the law requires applicants to apply for asylum within one year
of entering the U.S., unless they were prevented from applying by extreme circumstances
or conditions that affect their eligibility for asylum. Victims of domestic violence may
qualify for this exception. Also, the Trafficking Victims Protection and Reauthorization Act
(TVPRA) of 2008 eliminated the one-year bar for children classified as Unaccompanied
Alien Children (UACs) as of March 23, 2009. The one-year bar does not apply to
withholding or the Convention Against Torture.
46 See Matter of Acosta, 19 I&N Dec. 211, 222-23 (BIA 1985).
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FORM OF
RELIEF
EXPLANATION
Citizenship
INA §§ 301, 309, 320
Someone who is born in the U.S. and certain territories or outlying possessions of the
United States is automatically a U.S. citizen. Some people who were born outside the U.S.
automatically inherited U.S. citizenship at birth from their U.S. citizen parents, often without
knowing it. If at the time of a person’s birth, their parent or even grandparent was a U.S.
citizen, the person may have inherited citizenship and should obtain immigration counsel to
advise on the laws governing “acquisition of citizenship.”
A second way that many people obtain citizenship without knowing it is through “derivation
of citizenship.” A child automatically becomes a U.S. citizen if, before they reach the age of
18, the following three events happen in any order: (1) the child is a permanent resident, (2)
at least one of the child’s parents becomes a U.S. citizen, and (3) the child lives in the U.S. in
that parent’s legal and physical custody.
If a child who you are working with is a permanent resident, encourage the child’s custodial
parent to naturalize and become a U.S. citizen, if the custodial parent is eligible. If this occurs
before the child’s 18th birthday, the child will become a U.S. citizen automatically, without
having to meet any other requirements, and will never be subject to deportation.
T Nonimmigrant
Status
(recipient of a
T-Visa)
INA § 101(a)(15)(T)
The T-Visa is available to victims of severe forms of trafficking in persons (i.e., labor or
sex trafficking). This includes (a) trafficked persons who were forced or defrauded into
performing sex acts, or while under the age of 18 were induced to perform such an act,
and (b) trafficked persons who were coerced or defrauded into labor trafficking. The
person must have complied with reasonable requests for assistance in the investigation
or prosecution of the offense, unless they are under the age of 18 or qualify for a trauma
exception, and must show they would suffer extreme hardship if returned to their home
country.
A child may obtain a T-Visa on their own or as a derivative from a parent (and in
some cases a sibling) who obtains a T-Visa. Either way, there is no requirement that the
child be under juvenile court jurisdiction to obtain a T-Visa. The T-Visa is a temporary
“nonimmigrant” visa, but the person can apply for permanent residency (a green card)
after three years in T nonimmigrant status.
U Nonimmigrant
Status
(recipient of a
U-Visa)
INA § 101(a)(15)(U)
The U-Visa is available to noncitizens who suffer substantial physical or mental abuse
resulting from a wide range of criminal activity, including assault, domestic abuse, incest,
etc. The applicant (or, if the applicant is under age 16, the applicant’s parent, guardian
or next friend
47
) must possess information concerning the criminal activity and must
have been helpful, currently be helpful, or be likely to be helpful in the investigation or
prosecution of the criminal activity. In order to qualify for the U-Visa, a judge, prosecutor,
investigator, or similar official must sign a certification regarding this requirement.
A child could obtain a U-Visa on their own or as a derivative from a parent (and in
some cases a sibling) who obtains a U-Visa. Either way, there is no requirement that the
child be under juvenile court jurisdiction to obtain a U-Visa. The U-Visa is a temporary
“nonimmigrant” visa, but the applicant can apply for permanent residency (a green
card) after three years in U nonimmigrant status.
47 The regulations define “next friend” as “a person who appears in a lawsuit to act for the benefit of
an alien under the age of 16 or incapacitated or incompetent, who has suffered substantial physical
or mental abuse as a result of being a victim of qualifying criminal activity. The next friend is not a
party to the legal proceeding and is not appointed as legal guardian.” 8 C.F.R. § 214.14(a)(7).
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FORM OF
RELIEF
EXPLANATION
Violence Against
Women Act
(VAWA)
INA § 204(a)(1)(A)
(ii)-(vii); 204(a)(1)(B)
(ii)-(iii)
A child is eligible for permanent residency under the immigration provisions of the
Violence Against Women Act (“VAWA”) if the child has been “battered or subject to
extreme cruelty” (including purely emotional abuse) by a U.S. citizen or permanent
resident parent or stepparent. The parent or stepparent must have the required
immigration status, but there is no requirement that the child be under juvenile court
jurisdiction. Like SIJS, a child could live with the other parent (who might also be eligible
for VAWA) and apply for VAWA based on abuse by a U.S. citizen or resident parent. A
parent can also access VAWA, as it is also available to people who have been abused
by a citizen or permanent resident spouse.
Deferred Action
for Childhood
Arrivals
(DACA)
DACA is a form of prosecutorial discretion that provides a work permit and relief from
removal/deportation for two years to certain eligible undocumented people who came
to the United States before June 15, 2012 when they were under the age of 16 and meet
the other eligibility requirements. Note, however, that DACA is not an immigration status,
nor does it lead to U.S. citizenship.
In September 2017, the Trump Administration terminated the DACA program; however,
due to ongoing litigation, renewal DACA applications continue to be processed for youth
who have already been granted DACA in the past (but no new DACA applications are
being accepted). Check https://www.ilrc.org/daca for updates.
Further information:
Immigration law is incredibly complex, and the summaries above provide only the most
basic information about these forms of relief.
● For additional information about these forms of relief and others, please see Immigrant
Legal Resource Center, Immigration Options for Undocumented Immigrant Children (Aug. 2018),
available at https://www.ilrc.org/immigration-options-undocumented-immigrant-children.
● You can also check the U.S. Citizenship & Immigration Services website at https://www.
uscis.gov for additional information about each form of relief and up-to-date policy changes.
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PROTOCOL FOR RESPONDING
TO U-VISA CERTIFICATION
REQUESTS
Child welfare agencies can sign law
enforcement certifications for U-Visa
applicants because they have authority
to detect and investigate criminal activity.
See 8 C.F.R. §§ 214.14(a)(2), (a)(5). 8 CFR
§§ 214.14(a)(2) & (a)(5). The child welfare
agency should designate a point-person for
responding to U-Visa certification requests.
The point-person should be someone in a
supervisory role who has been specifically
designated by the head of the certifying
agency to issue U nonimmigrant status
certifications on behalf of that agency. In
a child welfare agency, this is often a social
worker in a supervisory role with immigration
expertise. A sample policy is available in
Appendix D.
ESTABLISHING COMMUNITY
REFERRALS TO IMMIGRATION
LEGAL SERVICES
It is imperative that social workers and/or
dependency attorneys connect noncitizen
dependent children and noncitizen parents
to immigration legal services providers. It is
best practice for the child welfare agencies
to have an established referral relationship
with an immigration legal services provider
for dependent children and family
members so that a direct referral can be
made. For a list of non-profit legal service
providers in the area, go to the Immigration
Advocates Network website: https://www.
immigrationadvocates.org/nonprofit/
legaldirectory/. As a best practice, child
welfare workers should consider not only the
relief options available directly to children,
but also the relief available to parents,
since children can derive certain forms of
status from their parents, and legal status
for the parents can provide greater stability
for children and families. When addressing
a parent or other caregiver regarding
their own immigration status, remember to
clearly state that you do not work with or
for federal immigration enforcement, fully
explain confidentiality, and provide the
reason you are asking for the information.
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VIII. WORKING WITH DETAINED OR DEPORTED PARENTS
LOCATING PARENTS IN
IMMIGRATION DETENTION
When conducting absent parent searches,
ICE detention facilities should be included in
the search. ICE operates detention facilities
all over the nation, and parents are not
necessarily detained close to where they
were apprehended or where their children
live – though it is possible and advisable
to advocate that they should be using the
ICE Directive on Detention and Removal of
Alien Parents or Legal Guardians, ICE Policy
Number 11064.2, discussed below. ICE also
frequently transfers individuals between
facilities for its own, often undisclosed,
reasons without providing notice to the
individual or their family. This can make
it very difficult to locate parents in ICE
detention. If you are working on a case in
which a parent has been detained by ICE,
but the parent’s whereabouts are unknown,
try the following strategies, discussed in
greater detail below, to locate them: a) use
the ICE Online Detainee Locator system,
b) contact the consulate, and c) contact
family members.
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a) Employ the ICE Online Detainee Locator (https://
locator.ice.gov/odls/#/index)
This website can be used to locate an
individual if the individual’s A# and country
of birth is known. The A# (“alien number”)
is the nine-digit number that immigration
authorities assign each person and that
will be reflected on each immigration-
related document for that person. If you
do not know the A#, you can also search
by first and last name and country of birth.
If you know the parent’s date of birth, that
can also be helpful. Note that you must
have the first and last name exactly as ICE
entered them in its system, which can be
challenging since ICE often makes spelling
mistakes when it documents names. If a
parent has two last names – a common
custom in many Latin American countries –
it is best practice to search each last name
individually as ICE commonly will designate
one of the last names as a middle name
instead.
b) Contact the Consulate
The consulate for the parent’s country
of nationality can be a great resource in
locating a detained parent. Consulates are
supposed to be advised when any of their
nationals who are detained in immigration
detention and also get special access
to their nationals while in detention. Call
the consulate closest to your area for the
detained parent’s country of nationality
and, keeping confidentiality concerns
in mind, share the parent’s biographical
information. Also, let the consulate know
that the parent has an open child welfare
case in which the parent could possibly lose
his or her parental rights, making it extremely
important that you are able to get in touch
with the parent as soon as possible.
If you are working with clients whose family
is likely to or already has submitted an
asylum petition, please exercise caution
with what information you share as it could
have adverse consequences on the client’s
claim, See Section XI for more information.
c) Contact Family Members
Typically, a parent who is detained by ICE
will be allowed a telephone call to alert his
or her immigration attorney or family about
their detention. Reach out to any family
members who may have information about
the parent’s whereabouts and emphasize
your role in trying to ensure the parent has
continuing contact with their child.
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UNIQUE CHALLENGES FOR
DETAINED AND DEPORTED
PARENTS
All parents whose children are in the child
welfare system must comply with numerous
requirements to have their children returned
to their care. For detained or deported
parents, the obstacles to complying with
such requirements are especially significant
and consequential. To begin with, basic
understanding of the immigration system
is not common knowledge within child
welfare systems. Many child welfare workers,
attorneys, and judges are unfamiliar with the
extraordinarily complex immigration system.
A lack of understanding may negatively
influence the way a child’s case is handled.
For example, a child welfare worker may
assume that an individual must be involved
in criminal activity in order to be detained or
deported by ICE. However, undocumented
individuals may be detained or deported
for a variety of reasons, including simple civil
immigration issues unrelated to their parental
fitness or any criminal activity. This lack of
understanding regarding the reasons a
parent might be detained or deported may
impact the way a child welfare professional
views the parent, which in turn can impact
the way the case is treated.
48
Additionally, detained or deported parents
face unique challenges related to a)
their ability to participate in child welfare
48 Applied Research Ctr., Shattered Families: The Perilous Intersection of Immigrant Enforcement and the Child Welfare System
(2011), available at https://www.raceforward.org/research/reports/shattered-families; see also Children’s Bureau, Child Welfare
Information Gateway, Dep’t of Health & Hum. Servs. Immigration and Child Welfare (2015), available at https://www.childwelfare.
gov/pubPDFs/immigration.pdf.
proceedings, b) ability to comply with family
reunification services, and c) divergent
timelines of the immigration and child
welfare systems. Each is discussed further
below.
Ability to Participate in Child Welfare Proceedings
Detained or deported parents may not
receive timely notification of a dependency
court petition or hearing. Even if properly
notified, parents’ confinement in ICE
detention or location abroad may render
them unable to attend the dependency
court hearings. Parents may lack appointed
counsel, or they may lack the ability to
regularly or effectively communicate
with their appointed counsel due to their
detention or location abroad. Dependency
court judges may mistakenly interpret a
parent’s absence in court as a lack of
commitment to their child instead of as an
unavoidable result of their circumstances.
Compliance with Family Reunification Services
The family reunification plan typically
requires parents or guardians to engage in
therapy, rehabilitation, or other services with
the goal of regaining custody of the child.
A lack of understanding regarding barriers
faced by detained or deported parents
can lead professionals to create family
reunification plans that may not be feasible
for parents. ICE detention can significantly
impede communication and visitation
between parents and children. If they have
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been detained or deported, parents may not
be able to complete typical requirements for
family reunification such as visiting with their
children or completing required parenting
classes.
Divergent Timelines of the Immigration and Child
Welfare Systems
Immigration courts and dependency courts
operate on drastically different timelines.
Federal law requires dependency courts
to adhere to a strict and rapid timeline in
which to provide services, evaluate whether
reunification is in the best interests of the
child, and create a permanency plan for
dependent youth. The immigration process,
however, is notoriously and increasingly
slow due to a growing backlog of cases.
This lack of alignment between the systems
can prejudice detained parents whose
immigration cases are not resolved within
the timeframe that the decisions about
termination of parental rights are made.
California’s Reuniting Immigrant Families
Act (SB 1064 or the Act)
49
was enacted as a
response to these issues. It sought to create
uniform, statewide policies and practices that
eliminate family reunification barriers in the
child welfare system for immigrant families.
This legislation recognizes that, like parents
who are incarcerated or institutionalized,
parents who are detained or deported face
49 S.B. 1064, 2012 Leg. (Cal. 2012). See discussion infra Part 6.3.
50 This section was adapted with permission from the authors. American Bar Association’s Center on Children and the Law & ILRC,
The Reuniting Immigrant Families Act (SB 1064), (Aug. 26, 2014) available at https://www.ilrc.org/reuniting-immigrant-families-act-
sb-1064.
51 Cal. Welf. & Inst. § 361.5(a)(3).
unique barriers to receiving services, visitation,
and adhering to the typical reunification
timeline.
REQUIREMENTS OF CALIFORNIA
LAW
50
SB 1064, enacted September 30, 2012, is the
nation’s first law addressing the reunification
barriers faced by many immigrant families
involved with the child welfare system. The
law clarifies that maintaining children’s
ties to their families remains the priority
despite barriers imposed by immigration
status, including immigration detention and
deportation. The five major areas addressed
by the Act are detailed below. For more
information, see Cal. Dep’t of Soc. Servs.,
All County Letter No. 14-21 (Mar. 19, 2014),
available at http://www.cdss.ca.gov/
Portals/9/lettersnotices/ACL/2014/14-21.
pdf?ver=2014-03-20-150858-000.
Reasonable Efforts
The Act recognizes that deported or detained
parents may have limited access to services,
barriers to visitation, or difficulty completing
other case plan tasks required by the agency
or court.
51
SB 1064 requires that reasonable
efforts must be provided to help reunify a
family after the court and agency consider
the particular barriers a detained or deported
parent faces in accessing services and
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maintaining contact with the child.
52
In particular, the agency’s reasonable efforts
to assist deported parents in reunifying with
their children may include: helping deported
parents contact their country’s child welfare
authorities; identifying services in their
country that can assist them in meeting
case plan goals; documenting the parents’
participation in those services; and accepting
reports from local child welfare authorities
regarding the parent’s living situation,
progress, and participation in services.
53
For detained parents, among other efforts,
the agency should, where appropriate,
facilitate: phone calls between parents
and children; visitation; transportation; and
services for family members who could care
for the child.
54
This will require coordinating
with ICE, as discussed in Section 5 below. In
addition, a detained parent may only be
required to “attend counseling, parenting
classes, or vocational training programs,” if
they have access to the services in the facility
where they are detained.
55
Extended Reunification Periods
Prior to passage of SB 1064, California courts
could extend the statutory reunification
period based on compelling reasons and
allow the county agency to continue to
pursue reunification. These reasons included
certain listed circumstances of parents,
such as where a parent is incarcerated,
52 Id. § 361.5(e)(1).
53 Id. § 361.5(e)(1)(E).
54 Id. § 361.5(e)(1).
55 Id. § 361.5(e)(1).
56 Id. §§ 361.5(a)(3) & (4); 366.21(g)(2); 366.22(b).
institutionalized, or in a court-ordered
residential substance abuse treatment
program. SB 1064 broadened this list of
circumstances to include parents who
have been detained or deported by U.S.
immigration authorities.
56
It provides options
for extended reunification timelines at four
distinct times: 1) at initial disposition; 2) up to
12 months in care; 3) at 12 months in care;
and 4) at 18 months in care.
• At Initial Disposition: The Act provides
that courts will ensure that reunification
services are provided for detained parents
unless evidence is presented that services
would be detrimental to the child, and
that reunification services are provided
for deported parents, including efforts
made to identify services in their home
country and acceptance of reports from
foreign child welfare authorities regarding
parental progress.
• Up to 12 Months in Care: SB 1064 added
that the court will consider any barriers
imposed by deportation or detention to
visiting or completing case plan goals
in hearing a motion to stop reunification
services.
• At 12 Months in Care: At the 12-month
permanency hearing, the court may
extend reunification services for six months
if: 1) there is a “substantial probability”
that the child will be returned during the
time period, or 2) if “reasonable services
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have not been provided to the parent.”
The court may consider in this decision
any immigration-related barriers to
completing case plan tasks as well as
good faith efforts the parent has made
to maintain contact with the child.
57
• At 18 Months in Care: If reunification
services have been provided for 18
months and the child remains out of the
parent’s custody, the court may extend
services for an additional six months if:
1) the parent was recently discharged
from detention or has been deported,
and is making significant and consistent
progress, and 2) there is a substantial
probability the child will be returned
during the extended period.
58
Placement with Undocumented Relatives
The Act makes clear that the immigration
status of a parent or relative alone cannot
be a barrier to placement of the child with
that person, including:
• Release of the child to a parent,
guardian, or responsible adult after the
state takes temporary custody;
• Placement or custody with a non-
custodial parent for a child removed in
a dependency case; and
• Placement in the care of a responsible
relative for a child removed from
the custody of their parents in a
dependency case.
• Additionally, a child removed from
the custody of his or her parents may
57 Id. §§ 361.5(a)(3) & 366.21(g).
58 Id. § 366.22(b).
be placed with a relative outside the
United States if the court finds, upon
clear and convincing evidence, that
placement to be in the best interest of
the child.
SB 1064 includes other provisions to facilitate
the involvement of immigrant relatives in
dependent children’s cases. First, a relative’s
request for the child to be placed with them
is always due preferential consideration
by the child welfare agency, regardless of
the relative’s immigration status. Second,
and importantly, the child welfare agency
may use the relative’s foreign passport
or consular ID card as a valid form of
identification to initiate the criminal records
check and fingerprint clearance check
required for placement determinations.
Third, the child welfare agency must give
a relative caregiver information about the
permanency options of guardianship and
adoption, regardless of the caregiver’s
immigration status.
Memoranda of Understanding (“MOU”) with
Consulates
SB 1064 requires DSS to provide guidance
to county agencies on creating MOUs (i.e.
written agreements) with foreign consulates
to help facilitate cooperation regarding
children in the California child welfare
system. These MOUs are relevant in juvenile
court cases in which a parent has been
detained by DHS or has been deported to
their country of origin. It does not require
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that counties enter into such MOUs, but if
counties choose to do so, the MOUs must
include, at minimum, procedures for:
• Contacting the foreign consulate at the
beginning of a juvenile court case;
• Accessing documentation for the child;
• Locating a detained parent;
• Facilitating family reunification after the
parent has been deported;
• Aiding the safe transfer of a child to the
parent’s country of origin;
• Allowing reports from the foreign child
welfare authorities documenting the
parent’s living situation; and
• Allowing reports from the foreign child
welfare authorities documenting the
parent’s participation in service plans in
the country of origin that comply with
county case plan requirements.
As an example, see the MOU between San
Francisco’s Human Services Agency and the
Consulate General of Mexico, at Appendix E.
Immigration Relief Options
The Act requires DSS to provide guidance to
child welfare agencies on assisting children
eligible to apply for certain immigration legal
relief options, including Special Immigrant
Juvenile Status (SIJS), T- and U-Visas, and the
Violence Against Women Act.
The implementation of this provision has
been limited, although DSS has created a
website with some information: http://www.
cdss.ca.gov/inforesources/Foster-Care/
SB-1064. For further information, see the SIJS
Policy in Appendix C.
ADDITIONAL BEST PRACTICES
FOR WORKING WITH DETAINED
OR DEPORTED PARENTS
There are many concrete steps that child
welfare agencies can take to minimize, if not
entirely eliminate, the barriers that detained
or deported parents face. The following are
examples of how child welfare workers can
ensure that detained or deported parents
have the support they need to successfully
engage in their child’s dependency case.
1. Ensure that detained parents are
given sufficient notice of their child’s
dependency proceedings.
2. Ensure that detained or deported
parents are kept apprised of their child’s
short-term and long-term case timelines.
3. Ensure that detained or deported
parents can meaningfully participate in
their child’s dependency proceedings.
◊ Support detained or deported
parents in being physically
present in court for their child’s
dependency proceedings.
See Appendix F: Sample Border
Crossing Permission Process.
See Appendix G: Sample
Monitored Visitation Process.
See Section VI: Working
with Detained or Deported
Parents, Subsection 3: SB 1064
Requirements, Reasonable efforts.
◊ Support detained or deported
parents in participating in court
dependency proceedings via
telephone or video-conference
technology.
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◊ See Section VI: Working
with Detained or Deported
Parents, Subsection 3: SB 1064
Requirements, Reasonable efforts.
4. Ensure that detained or deported
parents have the language supports
they need and to which they are
entitled.
◊ See Appendix A: Identifying the
Client’s Language Needs
5. Create family reunification plans that
are feasible for detained or deported
parents to complete.
◊ Ensure that detained parents are
able to participate in visitation with
their child.
◊ See Section VI: Working
with Detained or Deported
Parents, Subsection 3: SB 1064
Requirements, Reasonable
Efforts.
6. Ensure that detained parents have
access to quality legal services. Visit
https://www.immigrationlawhelp.org to
find a trusted legal services provider in
your area.
7. Pursue international placement if it is in
the best interests of the child.
◊ See Appendix H: Sample Process
for Placing Children Outside of the
Country.
59 U.S. Immigration & Customs Enforcement, 11064.1: Facilitating Parental Interests in the Course of Civil Immigration
Enforcement Activities, (Aug. 23, 2013), available at https://cis.org/sites/default/files/Parental_Interest_Directive_8-23-13.pdf
60 U.S Immigration & Customs Enforcement, 11064.2: Detention and Removal of Alien Parents or Legal Guardians (Aug. 29,
2017), available at https://www.ice.gov/doclib/detention-reform/pdf/directiveDetainedParents.pdf.
ICE DETAINED PARENTS
DIRECTIVE
In 2013, ICE issued a directive regarding
parental interests that set forth its general
policy that ICE personnel ensure that the
agency’s immigration enforcement activities
do not unnecessarily disrupt parental rights
and the rights of legal guardians.
59
However,
this policy was replaced by the Trump
Administration in 2017 with a policy that is
less protective of parents facing immigration
enforcement.
60
Agencies should familiarize
themselves with the 2017 Detained Parents
Directive and request that ICE comply
with the 2017 Directive’s provisions in cases
where the detention of a parent or legal
guardian affects that individual’s ability
to care for or maintain a relationship with
their child(ren), preserve their parental
rights, and/or make arrangements for what
will happen to children in the event the
parent or legal guardian is deported. The
Detained Parents Directive can be used as
an advocacy tool by child welfare workers
and parents’ attorneys to ensure that parents
in ICE detention are able to participate in
dependency proceedings and comply with
reunification services.
The 2017 Detained Parents Directive directs
ICE to do the following:
1. If minor children are encountered during
ICE enforcement actions, ICE should
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not take custody of children unless
they are deportable; ICE should allow
parents/guardians to make alternate
care arrangements for minor children,
unless there are indications of child
abuse or neglect; and if alternate
care arrangements cannot be made
or if there are indications of abuse
or neglect, ICE should contact the
local child welfare authority or law
enforcement to take custody of minor
children.
2. When making initial detention
placement decisions and subsequent
transfers of parents and guardians, ICE
should detain parents and guardians in
the same area where they were initially
arrested if their minor children, family
court proceedings, or child welfare
proceedings are within the initial area of
apprehension. ICE should do this unless it
is deemed “operationally necessary and
otherwise consistent with applicable
ICE policies” to detain the parent or
guardian elsewhere. Note that ICE will
not typically detain people locally,
so this will require some advocacy to
convince ICE to detain people close to
home or transfer them back to the initial
area where they were detained if they
have already been moved away. The
Department should assertively advocate
with ICE for the local detention of a
parent or guardian if it is in the best
interest of the child. This will include
contacting ICE (as discussed below,
and pursuing multiple channels of
communication if necessary), explaining
that the parent has an open child
welfare case that could result in loss of
parental rights if the parent is unable
to participate (keeping confidentiality
concerns in mind), and requesting that
the parent be transferred to the closest
ICE detention facility to minimize barriers
to the parent’s participation. A map of
ICE’s detention facilities can be found at
https://www.ice.gov/detention-facilities.
3. When detained parents have
active family court or child welfare
proceedings, ICE should facilitate
parents’ participation. ICE must, if
practicable, arrange for detained
parents and guardians to appear in-
person at family court or child welfare
proceedings when the detained parent
or guardian's presence is required to
maintain or regain custody of minor
children, and:
◊ The parent, legal guardian or
attorney timely requests with
reasonable notice an opportunity
to participate in such hearings;
◊ The detained parent, guardian,
or attorney has produced
evidence of family court or
child welfare proceeding, e.g.,
notice of hearing, scheduling
letter, court order, or other such
documentation;
◊ The family court or child welfare
proceedings are located within a
reasonable driving distance from
detention facility;
◊ Transportation and escort of the
detained parent/guardian would
not be unduly burdensome on ICE
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Field Office operations; and
◊ Such transportation and/or escort
does not present security and/or
public safety concerns.
If that is impractical, ICE should
accommodate the detained parent/
guardian's appearance/participation
through video or teleconference from the
detention facility or field office to the extent
it is technologically feasible and approved
by the family court or child welfare authority.
4. When a parent is detained, ICE must
facilitate regular visitation between
detained parents or guardians and
minor children. Even if the ICE facility
where a parent is detained does not
allow visits by minors, ICE must arrange
for the minor children to visit the
detained parent within the first 30 days
of detention. This includes step-children,
foster children, and children by virtue
of a guardianship. Following that, upon
request, ICE must consider transferring
the parent or guardian to a facility that
allows visitation. If that transfer is not
approved, ICE must continue to arrange
for monthly visits. If parent-child visitation
is required by the court or Department
in order for the parent or guardian to
maintain or regain custody of children,
and proof of that requirement is
provided by the parent or guardian,
or their attorney, family member, or
other representative, ICE must facilitate
visitation (to the extent practicable),
which may include contact visits. If in-
person visitation is not practicable, video
or standard teleconferencing may be
used if approved by the court.
5. When a parent or guardian is
actually being deported, ICE should
accommodate the parent’s efforts
to make arrangements for their minor
children. This may include allowing
the parent or guardian to arrange for
guardianship for the minor children,
thus allowing the children to remain in
the U.S., or to obtain travel documents
for the minor children to accompany
the parent to his or her country of
removal. To do so, ICE must (to the
extent practicable) afford parents and
guardians access to legal counsel,
consulates, courts, and/or family
members in the weeks preceding their
removal so that parents may execute
any necessary documents, purchase
airline tickets, and make other necessary
preparations prior to removal.
Using the Detained Parents Directive as an
Advocacy Tool with ICE
Social workers and parents’ attorneys can use
the ICE Directive to advocate that ICE should:
• ●Detain parents close to their children and
child welfare proceedings;
• ●Arrange for detained parents to attend
court hearings; and
• ●Facilitate regular visitation between
detained parents and children.
A sample form for contacting ICE can be
found in Appendix J.
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How to Contact ICE:
Anyone may contact ICE on parental
interests matters, including but not limited
to: detained parents, legal guardians or
primary caretakers of minor children in the
United States; family or child welfare court
officials; social workers or other child welfare
authorities; immigration attorneys; family
law attorneys; and other child welfare or
immigration advocates. Prior to contacting
ICE headquarters about a parental interest
concern or question, you should first try
to resolve your request or concern at the
field office through one of the field points
of contact. The field points of contact for
California are:
• Steve Hottya;
Stephen.L.Hotty[email protected];
(213) 830-5918;
Area of Responsibility: Los Angeles
Metropolitan Area, Central Coast
• Gabriela Pacheco;
[email protected]v;
(760) 768-6307;
Area of Responsibility: San Diego and
Imperial County
• April Jacques;
[email protected];
(415) 844-5542;
Area of Responsibility: Northern California,
Hawaii, and Guam
If the local contacts are not responsive,
email Parental.Inter[email protected].
You can also contact ICE Headquarters by
calling the ICE Detention Reporting and
Information Line at 1-888-351-4024 during
regular business hours, 8 a.m. to 8 p.m. EST,
Monday through Friday. State that your
request is a "Parental Interests Inquiry."
PLACING CHILDREN ABROAD
Child welfare workers may need to travel
abroad to accompany a dependent child
for a variety of reasons including:
• Placement of a child with relative/pre-
placement visit;
• Reunifying children with parents;
• Placement failures after child is placed
with relatives abroad; or
• Trial return home.
Many child welfare agencies have
Memorandums of Understanding (i.e. written
agreements) with local Consulate offices. For
example, the Consulate General of Mexico
in San Francisco, through its Memorandum
of Understanding, is committed to assisting
the San Francisco Human Services Agency
in placing children in Mexico. Even if an
agency does not permit its child welfare
workers to travel abroad, contacting the
local Consulate may still be very helpful.
Consulates can help with obtaining pre-
placement home studies, conducting
parent or relative searches, locating service
providers and special services to meet the
needs of a child and/or family, and assisting
in establishing dual citizenship status for a
child. Consulates can also help child welfare
workers obtain official documents such
as birth certificates and presumption of
nationality documents. Mexican Consulates
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Client records and information, whether
in electronic or hard copy form, are
confidential and, in general, are not open
for examination for any purpose unrelated to
the administration of agency programs and/
or provision of services to the client. Select
access to client records by third parties may
be authorized by court order.
61
61 Cal. Welf. & Inst. Code § 827.
Child welfare workers should only ask clients
about immigration status if a program or
service to which the child welfare agency
wishes to refer that client makes eligibility
determinations based on immigration
status or when an inquiry is necessary for
reimbursement purposes. This may include,
for example, services offered by consulates
and non-profit legal services.
can assist with obtaining a matricula consular,
a form of identification issued to Mexican
nationals living abroad.
For a comprehensive protocol on placing
children in Mexico, see Appendix H: Sample
Process for Placing Children Outside of the
Country. Relationships between child welfare
agencies and other foreign consulates will
depend on the country. See Section XI for
more information on working with consulates
and embassies.
IX. Confidentiality & Information-Sharing Policies
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X. PRUCOL
XI. WORKING WITH FOREIGN CONSULATES AND
EMBASSIES
Information obtained by the child welfare
agency, including immigration status of
family members, is confidential. Further, child
welfare workers shall not disclose immigration
status information to DHS or any person or
agency absent authorization from a juvenile
court. Permanently Residing Under Color of
Law (PRUCOL) is a benefit eligibility category
that can promote the continued well-being
of certain noncitizen children who are in
foster care by allowing them to qualify for
certain benefits and assistance. The intent of
PRUCOL is to identify certain noncitizens who
are in the United States “under color of law”
for purposes of benefit eligibility. This requires
that USCIS is aware of the child’s presence
in the United States and not actively seeking
their removal. PRUCOL is not an immigration
status and being identified as PRUCOL for
benefits purposes does not affect a person’s
immigration status. For a complete policy on
PRUCOL, see Appendix I.
NOTIFICATION TO FOREIGN
CONSULATES
The Vienna Convention on Consular
Relations (“Vienna Convention”) provides
for consular notification of and access
to cases where foreign nationals are
involved in legal proceedings.
62
This treaty
establishes the right of representatives or
agents of any embassy or consulate of a
foreign government to freely communicate
with, and have access to, their country’s
nationals without interference from the host
state.
62 United Nations, Vienna Convention on Consular Relations, April 24, 1963, available at https://www.refworld.org/
docid/3ae6b3648.html
To provide the protections afforded
to children and families by the Vienna
Convention and all other applicable treaties
and laws, it is important to identify whether
children and parents are citizens of another
country as early as possible. Involving
the foreign consulate from the beginning
can ensure that families are appropriately
represented and prevent delays when
considering options for permanency.
Pursuant to Article 37 of the Vienna
Convention, child welfare agencies should
ensure that all children or parents who are
citizens of another country are connected
to the appropriate foreign consulate.
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WARNING ABOUT ASYLUM-
SEEKING PARENTS
If parents are seeking asylum, caution should
be exercised prior to contacting a consulate
or embassy due to the potential impact this
inquiry may have upon the client and his or
her family, who may still reside in the country
of origin. For example, when applying
for asylum, individuals should be very
careful about contacting their consulate
because an asylum request is based
on an allegation of either government-
perpetrated persecution, or persecution
that the government was unwilling or
unable to protect against, so there may be
government retaliation upon learning of the
asylum petition. The best practice is to inform
the client of consenting age of any possible
implications of contacting a consulate or
embassy and get the client’s permission prior
to initiating contact. U.S. State Department
guidance warns that agencies should never
reveal to consulates when a child has an
application for asylum or withholding of
removal.
63
DUAL CITIZENSHIP
A child who is a citizen of the United States
and also another country may be treated
exclusively as a U.S. citizen when in the
United States. Consular notification is not
required if the child is a U.S. citizen, even if
63 See U.S. Dep’t State, Consular Notification and Access, Fifth Edition (Sept. 2018), available at https://travel.state.gov/
content/dam/travel/CNAtrainingresources/CNA%20Manual%205th%20Edition_September%202018.pdf.
64 See Cal. Welf. & Inst. Code § 827.
65 See Cal. R. Ct. 5.552(b)(3), (c).
66 See id. at 5.552(e).
the child’s other country of citizenship is a
mandatory notification country. Although
consular notification is not required for
a U.S.-born child with dual citizenship,
Memorandums of Understanding between
Consulates and child welfare agencies may
nonetheless require consular notification in
such cases.
CONFIDENTIALITY OF CASE
RECORDS
A consulate may come to court to request
permission to attend a juvenile dependency
hearing. However, the consulate is not a
party to the matter and may not receive
documents from the case file, including
court reports, without approval from the
court.
64
Under Welfare and Institutions
Code Section 827(a)(1)(P), individuals and
agencies not specifically authorized to
inspect or receive copies of a juvenile case
file may obtain access by petitioning the
juvenile court and obtaining a juvenile court
order.
65
The process for obtaining a court
order is stated in the court rules.
66
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ADDITIONAL CONSULAR
SERVICES
Once notified of a dependency case,
consulates may provide a range of services
to children, parents, and child welfare staff.
For example, the Consulate General of
Mexico in San Francisco is committed to
assisting the San Francisco Human Services
Agency with obtaining identification
documents such as birth certificates,
locating parents in Mexico, carrying out
home studies abroad, and obtaining
supervisory reports of out-of-country
placements.
Consulates may also assist in locating
any other information needed to assist
appropriate determination of placement
for the minor’s best interests, which could
include assisting with criminal records
requests or obtaining certain country-specific
identification documents. It is important to
note that consulates are not required to
provide translations of requested documents.
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XII. ADDITIONAL RESOURCES FOR CHILD WELFARE
WORKERS
1. Family Preparedness Planning:
• Immigrant Legal Resource Center, Family Preparedness Plan (2017), available
at https://www.ilrc.org/family-preparedness-plan; Step-by-Step Family
Preparedness Plan (2018), available at https://www.ilrc.org/step-step-family-
preparedness-plan.
• [Spanish Translation] Immigrant Legal Resource Center, Plan de Preparación
Familiar (2017), available at https://www.ilrc.org/plan-de-preparacion-familiar.
2. Know Your Rights Information for Children and Parents:
• Immigrant Legal Resource Center, Know Your Rights and What Should Immigrant
Families Do Now (2017), available at https://www.ilrc.org/know-your-rights-and-
what-immigrant-families-should-do-now.
• Immigrant Legal Resource Center, Using Your Red Cards (2017), available at
https://www.ilrc.org/using-your-red-cards.
3. Immigration Relief Options:
• Immigrant Legal Resource Center, Immigration Options for Undocumented
Children (2018), available at https://www.ilrc.org/immigration-options-
undocumented-immigrant-children.
4. Public Charge:
• Immigrant Legal Resource Center, Public Charge, available at https://www.ilrc.
org/public-charge.
• National Immigration Law Center, Public Charge, available at https://www.nilc.
org/issues/economic-support/pubcharge/.
5. Social Worker Toolkits for Working with Immigrant Families:
• Center on Immigration and Child Welfare, Toolkits, Handbooks, Guides & Books,
available at http://cimmcw.org/resources/training-tools/toolkits-handbooks-
guides-books/
6. Case Studies of Immigrant Families in the Child Welfare System:
• ABA Center on Children and the Law, Immigrants in the Child Welfare System (2018),
available at https://www.americanbar.org/content/dam/aba/administrative/child_
law/Immigration%20in%20CWS%20Case%20Studies_final.authcheckdam.pdf.
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7. Cultural Engagement:
• Center for Advanced Studies in Child Welfare, Latino Cultural Guide: Building
Capacity to Strengthen the Well-Being of Immigrant Families and Their Children:
A Prevention Strategy (2014), available at http://cascw.umn.edu/wp-content/
uploads/2014/02/CulturalGuide-Latino.pdf.
• National Center for Mental Health Promotion and Youth Violence Prevention,
Strategies for Engaging Immigrant and Refugee Families (2011), available at
http://crisisresponse.promoteprevent.org/sites/default/files/root/strategies_for_
engaging_immigrant_and_refugee_families.pdf.
8. Resources for Detained Parents Searching for Children in the Child Welfare System:
• Women’s Refugee Commission, Resources for Families Facing Deportation and
Separation, available at https://www.womensrefugeecommission.org/rights/
resources/1409-resources-for-families-facing-deportation-separation.
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APPENDICES
A: IDENTIFYING THE CLIENT’S LANGUAGE NEEDS....................................51
B: IMMIGRATION RELIEF SCREENING SHEET FOR
SOCIAL WORKERS.....................................................................................57
C: MODEL CHILD WELFARE SIJS POLICY....................................................58
D: MODEL CHILD WELFARE PROTOCOL FOR
REQUESTING U-VISA CERTIFICATIONS..................................................69
E: SAMPLE CONSULAR MOU.........................................................................71
F: SAMPLE BORDER CROSSING PERMISSION PROCESS.........................81
G: SAMPLE MONITORED VISITATION PROCESS.........................................83
H: SAMPLE PROCESS FOR PLACING CHILDREN OUTSIDE
OF THE COUNTRY........................................................................................86
I: MODEL CHILD WELFARE PRUCOL POLICY..............................................95
J: MODEL FORM FOR CONTACTING ICE...................................................99
STRENGTHENING CHILD WELFARE PRACTICE FOR IMMIGRANT CHILDREN & FAMILIES 51
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APPENDIX A: IDENTIFYING THE CLIENT’S LANGUAGE NEEDS
Identifying the Client’s Language Needs
Department of Family & Children’s Services Social
Services Agency
Santa Clara County
Section 2-4
Overview
This policy provides guidelines and procedures of identifying client language needs.
Table of Contents
Available at: https://www.sccgov.org/sites/ssa/dfcs/opp2/02_assess/2-4.html
•
Reference Points
•
Overview
•
How Is a Primary Language Determined
•
Who Must Be Considered
•
CANC Social Worker's Role
•
Assigning the Referral
•
Interpreter Assistance
•
Considerations When a Client-Provided
Interpreter is Used
•
Initial Face-to-Face Contact with the Family
•
Child Is Placed with a New Relative
Caregiver or a New Person Is Added to the
Case Plan
•
Documentation Requirements
•
Other References
APPENDIX A: IDENTIFYING THE CLIENT’S
LANGUAGE NEEDS
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Assessments and In‑Person Responses
2‑
4 Identifying the Client's Language Needs
• Reference Points
• Overview
• How Is a Primary Language Determined
• Who Must Be Considered
• CANC Social Worker's Role
• Assigning the Referral
• Interpreter Assistance
• Considerations When a Client‑Provided Interpreter is Used
• Initial Face‑to‑Face Contact with the Family
• Child Is Placed with a New Relative Caregiver or a New
Person Is Added to the Case Plan
• Documentation Requirements
• Other References
Reference Points
Effective Date: 11/1/06
Last Updated: 2/17/11
Legal Basis:
California Department of Social Services (CDSS) Manual of Policies and
Procedures (MPP) Division 21 § 115‑201
All County Letter (ACL) 08‑65: Documentation of Interpretive Services
All County Letter (ACL) 03‑56: Requirements for Language Services
All County Information Notice 1‑09‑06: Use of California Department of
Social Services (CDSS)Translated Forms and Documentation of Services
Provided to Non
‑
English/Limited
‑
English
‑
Speaking Applicants/Recipients and
Disabled Applicants/Recipients
Overview Under State regulations, the Department of Family and Children's Services (DFCS) is required
ask clients their preferred language for oral and written communication and to document the
preferred language(s) in the clients' case files. Further, for clients who are non or limited
English‑speaking, the Department must offer and provide interpreter services, upon request,
in the language the clients have specified for oral communication and must provide written
documents in the language of the clients' preferences, whenever available. Clients are not
prohibited from providing their own interpreter, though the Department cannot require them
to do so. It is prohibited to use minor children as interpreters and, as a Department policy,
there are no exceptions to this prohibition. These regulations are in compliance with Title VI
of the Civil Rights Act.
< Return to OPP Table of Contents | ^ Back to Top of Page
How Is a
Primary
Language
Determined
The primary language of a case is based upon the ability of all persons involved in the
referral/case to communicate effectively with the social worker. The language of individuals
connected with the case is established by using the Primary Language Designation Form (SCZ
225). The social worker shall determine the primary language of each case by having the
parent/guardian/relative caregiver indicate their agreement or disagreement with the
language designation on the SCZ 225. If the child does not have a parent/guardian/relative
caregiver, the child may sign for himself/herself.
DFCS assigns referrals and cases involving persons whose primary language is other than
English to social workers who speak the language of the clients.
< Return to OPP Table of Contents | ^ Back to Top of Page
Who Must Be Generally, any person with whom the social worker needs to communicate about the case
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Considered plan or program services must sign a Primary Language Designation Form. This would
include:
Parents
Child
Relative caregivers
New relative caregivers must sign an SCZ 225 every time the child is placed in a
new relative home.
New person added to the case plan who does not have the same primary language as
the other members of the case plan.
< Return to OPP Table of Contents | ^ Back to Top of Page
CANC Social
Worker's Role
To begin the process of identifying the clients' language needs, the CANC social worker:
Asks the reporting party what language each person involved with the referral speaks.
Lists each person’s primary language in his/her ID Page in their CWS/CMS Client
Notebook by selecting the correct language from the drop‑down menu.
Writes the language spoken by the family in the Screener Narrative, if any client in
the referral does not speak English as a primary language or has limited English‑
speaking abilities.
Also document in the Screener Narrative the presence of any visual and hearing
disabilities that exist for any of the clients in the referral.
< Return to OPP Table of Contents | ^ Back to Top of Page
Assigning the
Referral
In assigning the referral, the CANC social worker or ER clerical:
Reviews the Emergency Response Document to identify language needs.
Checks the Screener Alert section of the document and the data fields for each client
to establish, on a preliminary basis, the language of the referral.
Makes every possible attempt to assign the referral to a social worker who speaks the
primary language of the family.
If the language is other than one spoken by one of the available IR/ER social workers,
and there is no other social worker who speaks the language of the family that is
indicated on the referral, assigns the referral to the next IR worker or ER unit in line
to get a referral.
< Return to OPP Table of Contents | ^ Back to Top of Page
Interpreter
Assistance
DFCS policy is to assign referrals or cases involving persons whose primary language is other
than English to social workers who speak the language of the clients. There are occasions
when a social worker is assigned a referral or case in which the worker does not speak the
identified language of the family or caretaker. In those cases, the social worker uses
assistance from one of the following sources:
Interpreter List
Complete the Interpreter/Translation Services (SC1257) request form.
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Follow Instructions for using the (SC1257).
Telephone assisted interpreter (See OPP Chapter 2
‑
4.1: Language Line).
Language Line is the current service with which DFCS has contracted for
telephone assisted translation. Customers of Language Line have access to
over‑the‑phone interpretation 24 hours a day, 7 days a week.
Another DFCS employee who is certified in the language spoken by the client,
caretaker, etc., if the other employee voluntarily agrees to assist.
Person chosen by the client to assist with translation.
DFCS cannot require a client to provide his/her own interpreter, but some
clients may prefer to use someone they know to translate.
The social worker is required to inform the client/caregiver providing his or her
own interpreter of potential problems for ineffective communication caused by
using his or her own interpreter.
If a client provides his/her own interpreter, the client must sign a Release of
Information (SC 1029) to indicate that he/she gives permission for the
interpreter to hear confidential information that may be discussed during the
interview.
By Department policy it is prohibited to use children as interpreters.
< Return to OPP Table of Contents | ^ Back to Top of Page
Considerations
When a Client‑
Provided
Interpreter Is
Used
When a client provided interpreter is used, the social worker:
Takes reasonable steps to ascertain that client‑provided interpreter is not only
competent in the circumstances but is also appropriate in light of the circumstances
and subject matter.
The client‑provided interpreter is capable of interpreting the information.
If concerned that the client‑provided interpreter is not accurately and effectively
translating conversations or is inappropriate, given the circumstances of the interview,
arranges for a departmental qualified interpreter to assist.
< Return to OPP Table of Contents | ^ Back to Top of Page
The Initial
Face‑
to‑Face
Contact with
the Family
Upon meeting with a family the social worker:
Determines the family's primary language.
Completes Primary Language Forms (SCZ 225)for each person in the family.
Emergency Response and After‑Hours social workers should carry the SCZ 225
forms with them for completion with family members.
Obtains the parents'/guardians' signatures on the SCZ 225 forms.
If the parent/guardian refuses to make a self‑declaration, the social worker
makes a determination regarding the primary language and documents it on the
SCZ 225.
Updates the Client Notebooks in CWS/CMS, if necessary, to reflect the correct
language information for each client on the referral/case.
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< Return to OPP Table of Contents | ^ Back to Top of Page
A Child is
Placed with a
Relative or a
New Family
Member is
Added to the
Case
A Primary Language Designation Form is completed:
By the substitute care provider when a child is placed with a relative or moved to a
new relative placement.
When a new family member of speaking age is added to the referral/case (e.g., a
father whose whereabouts had been unknown) and the added person is part of the
case plan and changes the language designation.
Social worker:
Makes a determination regarding the primary language and document the language on
the SCZ 225, if the relative caregiver or added person refuses to make a self‑
declaration.
Creates a new Client Notebook or updates an existing Client Notebook, to reflect the
correct language information for each added person on the referral/case.
Prepares the case for transfer to a social worker who speaks the designated language,
if necessary.
Social work supervisor:
Determines if the case should be transferred to another social worker based upon a
new primary language designation.
If transfer is necessary:
Negotiate the transfer with the social work supervisor to whose unit the
case will be transferred.
Direct the social worker to prepare the case for transfer.
< Return to OPP Table of Contents | ^ Back to Top of Page
Documentation
Requirements
The Department is required to maintain case record documentation in sufficient detail to
permit a State reviewer to determine the agency's compliance with the requirements of
Division 21.
If the case involves a client or family member who is non‑English speaking or has
limited English speaking capability, the social worker:
Inputs the client's primary language in the Primary Language field in the client's
notebook in CWS/CMS.
For caregivers, list the language on the Placement/Address Change Form
(SCZ 17) for inputting by the Placement Tracking Team (PTT).
Documents in the initial Contact in CWS/CMS:
The method used to communicate during the contact. For example:
Assigned worker is bilingual
Other bilingual employee acted as interpreter
Telephone assisted interpreter
Client provided interpreter.
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It is not necessary to continue to document the method of
communication, unless there is a change in the assigned
social worker or change in communication method. If a new
social worker is assigned to the case, the newly assigned
social worker makes an initial documentation to indicate
the method of communication.
When clients provide their own interpreter, the social worker documents in the case
record that the client was informed of:
The right to free interpretive service without undue delay.
The client was informed of the potential problems for ineffective
communication, conflict of interest, and inaccurate interpretation.
The need to disclose private/confidential information to the interpreter.
The right of the client to switch from a client‑provided interpreter to a
county‑provided interpreter anytime.
The client signed a Release of Information form.
The Release of Information must be maintained in the case file.
Not a requirement, but good business practice to obtain a signed
confidentiality agreement from the interpreter stating that the
interpreter agrees to keep information confidential.
If a person other than a DFCS employee or contract employee serves as an interpreter,
e.g. family member or neighbor:
Have the interpreter sign a Confidentiality Agreement.
File the Confidentiality Agreement in the case file.
The social worker documents an individual's acceptance or refusal of forms or other
written material offered in the individual's primary language.
Upon obtaining information that identifies a client or caregiver as disabled, each
social worker ensures that the case record is so documented.
The social worker documents, in writing, a client's or caregiver's request for
auxiliary aids and services.
< Return to OPP Table of Contents | ^ Back to Top of Page
Other
References
Interpreter List
OPP Chapter 2‑4.1: Language Line
< Return to OPP Table of Contents | ^ Back to Top of Page
Dept of Family & Children's Services Santa Clara County SSA
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APPENDIX A: IDENTIFYING THE CLIENT’S LANGUAGE NEEDS APPENDIX B: IMMIGRATION RELIEF SCREENING SHEET FOR SOCIAL WORKERS
Immigrant Legal Resource Center, June 2019
1. Is the child a U.S. citizen without knowing it?
A. Anyone born in the U.S. or Puerto Rico is a citizen, and anyone born in Guam, American Samoa or
Swains Island is a national who can’t be deported.
B. If a person is born outside the U.S., ask two threshold questions to see if the person might automatically
be a U.S. citizen. If the answer to either might be yes, refer for immigration counseling.
• Was there a U.S. citizen parent or grandparent at the time of the person’s birth? Or,
• Before the person’s 18
th
birthday, did both of these events happen (in either order): the child became a
permanent resident, and at least one natural or adoptive (but not step-) parent having some form of
custody over the child is or becomes a U.S. citizen. (Tip: Encourage the parent to become a naturalized
U.S. citizen!)
2. Is the child currently under dependency, delinquency, family or probate court jurisdiction where the court has
ruled (or could rule) that the child (a) cannot be reunified with one or both parents because of abuse, neglect
or abandonment or a similar basis under state law and (b) that it would not be in the child’s best interest to be
returned to the home country? The child may qualify for Special Immigrant Juvenile Status.
• The child need not be in foster care to be eligible, and may be living with the non-abusive parent.
• If possible, the child should stay under the jurisdiction of the court until the entire SIJS application is
decided, so watch out for youth aging out of the system. If this is not possible, the court should
explicitly state that termination of jurisdiction is being done based on age.
3. Has the child been abused by a U.S. citizen or permanent resident spouse or parent, including adoptive,
natural or stepparent? Has the child’s parent been a victim of domestic violence by his/her U.S. citizen or
permanent resident spouse? The child may qualify for VAWA relief.
• Child doesn’t need to be under court jurisdiction, and may be residing with the other parent.
• Child will need to show “good moral character.”
4. Has the child been a victim of serious crime, including domestic violence, in the United States, or of human
trafficking? The child may qualify for an S, T, or U visa.
5. Does the child have a U.S citizen or permanent resident parent or spouse who is willing to petition for them?
The child may qualify for a family immigration petition.
• To immigrate through an adoptive parent the adoption must be completed by the child’s 16
th
birthday.
These laws are complicated if the child is from a country that is a signatory to the Hague Convention.
6. Does the child come from a country that has recently experienced civil war or natural disaster? Does the
child fear return to their home country because of persecution? The child may qualify for other forms of
relief such as asylum or temporary protected status.
7. Did the child enter the U.S. before June 15, 2007 and while under the age of 16? The child might be eligible
for Deferred Action for Childhood Arrivals (DACA). DACA’s fate is before the U.S. Supreme Court in
fall 2019, and renewals, but no new applications, are currently being accepted. See www.ilrc.org/daca.
Screening Questions for Immigrant Youth:
Determining Potential Avenues for Legal Status
APPENDIX B: IMMIGRATION RELIEF
SCREENING SHEET FOR SOCIAL WORKERS
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APPENDIX C: MODEL CHILD WELFARE SIJS POLICY
HSA/FCS Policy
Statement
The Human Services Agency (HSA) has the same obligations to noncitizen
dependents as it does to citizen dependents, including a legal obligation to
search for relatives or Non Relative Extended Family Members (NREFMs)
and to provide reunification services.
If reunification efforts are not appropriate, or have failed as to at least one
parent, then the minor may be eligible for Special Immigrant Juvenile Status
(SIJS). It is HSA policy to assist in securing SIJS status for all eligible
dependents. A court-appointed immigration attorney, not the Human
Services Agency, files SIJS applications on behalf of the minor.
Synopsis
Special Immigrant Juvenile Status (SIJS) is a path to permanent immigration
status for youth under age 21 who are dependents of the juvenile court; for
whom the court has declared that reunification of the minor with one or both
parents is not viable due to abuse, neglect, abandonment, or a similar basis
found under state law; and it is not in the minor’s best interests to be returned
to his or her country of origin or his or her parent’s country of origin. The
federal law that governs SIJS is found at 8 USC 1101 (a)(27)(J). This
definition of SIJS was enacted on December 23, 2008 by The Trafficking
Victims Protection Reauthorization Act (TVPRA) of 2008, Pub. L. No. 110-
457, 122 Stat. 5044. Under the definition set forth in the TVPRA, a child may
be eligible for SIJS if they are unable to reunify with one parent only; it is no
longer a requirement that the child must be eligible for long-term foster care.
To go through the SIJS application process, a youth needs to submit two
different applications – an initial SIJS application as well as an application for
adjustment of status (the process to become a lawful permanent resident,
otherwise known as a “green card”). If a child does not qualify for SIJS, see
information about other immigration relief options at Section VII.
Benefits of SIJS:
• Youth who qualify for SIJS can seek lawful permanent resident
status (a green card). Legal status will permit the child to remain
lawfully in the United States and provide eligibility for employment
authorization and financial aid.
• Many of the grounds of inadmissibility and deportability--the bases
for deporting or denying immigration benefits to non-citizens--are
waived for SIJS applicants.
• Employment authorization can be requested as soon as the
application for adjustment of status is filed. This will allow a minor
to work until the application is adjudicated, get an official picture
identification, and obtain a social security number.
Social workers working with children who may be eligible for SIJS should alert the
dependent’s attorney, who will ensure that the child secures immigration legal
counsel.
APPENDIX C: MODEL CHILD WELFARE
SIJS POLICY
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2
Requirements for Special Immigrant Juvenile Status
Requirements
1. The Court must either declare the youth to be a court dependent or
must legally commit them to a state department or agency or to an
entity or individual appointed by the Court. This includes minors in
dependency proceedings, delinquency proceedings, family court
custody proceedings, and guardianship through a probate court.
2. In order for a youth to be eligible to apply for SIJS, an order from the
Court making certain required findings must be obtained. This special
order signed by the Court must find that the court has jurisdiction to
make the findings, the youth is a dependent of the court or has been
placed in the custody of another agency or individual, that the youth
cannot be reunified with one or both parents due to abuse, neglect,
abandonment or similar basis under state law ,and that it is not in the
youth’s best interest to return to their country of origin or their parent’s
country of origin. The JV-357, a Judicial Council form order, must be
used. The Court’s order should cite to state law in making these
findings (e.g. state law on best interests or abuse). The Court’s order,
or a PSW’s report, must provide the specific findings of fact supporting
the three findings (of dependency, abuse, neglect or abandonment, and
best interests). These specific findings of facts need not be overly
detailed, but should include 2-3 sentences of facts supporting each
finding, and must reflect that the court made an informed decision. It is
preferred that these facts are set forth in the Court’s order. It is
important that the juvenile court reports are not disclosed (i.e., included
in the SIJS packet) as this would violate California confidentiality
provisions under Welfare and Institutions Code § 827.
3. The youth must be under the age of 21 when the initial SIJS application
is filed with U.S. Citizenship & Immigration Services (USCIS, the
federal agency that adjudicates applications for SIJS). USCIS has
recently begun to deny SIJS cases in which the state court made the
above-listed findings after the youth turned 18. A class action lawsuit
has been filed challenging this practice, and immigration experts
believe that the practice is incorrect and will ultimately be corrected
through the lawsuit. Nonetheless, for the time being, the findings should
be requested from the state court prior to the youth turning 18
whenever possible. If this is not possible, it is still best practice to
request the SIJS findings from the state court even after the youth has
turned 18, but the youth should consult with an experienced
immigration attorney prior to filing the application for SIJS with USCIS.
The minor’s age can be proven with a birth certificate, passport or
official foreign identity document issued by a foreign government.
4. The youth must be unmarried until the entire application is processed
(i.e. until they receive their green card). The minor may, however, be a
parent.
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3
5. Applicants for SIJS should remain under court jurisdiction, whether in
paid or non-paid placement, until the entire immigration application is
finally decided and the minor receives the Permanent Resident Card
(known as the “green card”). This is important to keep in mind because
the immigration process may take months or years, depending on the
youth’s country of origin and the complexity of their case.
NOTE: In most cases, applications for SIJS status and adjustment of status
(lawful permanent residence)/authorization to work cannot be filed
concurrently.
A youth who qualifies for SIJS status will also need to qualify for adjustment
of status. Some may not. It is important to consult with the minor's attorney
prior to beginning the SIJS process. However, it never hurts to request the
SIJS findings from the state court, and the youth and attorney can then
decide whether or not to apply with USCIS.
Roles and Responsibilities
Protective
Services Worker
(PSW)
Coordinate with the minor's attorney and the caretaker to ensure the
following documents are obtained:
✓ Government-issued ID (i.e. an official identification card issued by
the Consulate or a passport);
✓ An original birth certificate;
✓ Medical and physical examination results (including immunization
records) from a USCIS approved and/or authorized physician;
✓ Passport photographs;
✓ Fingerprints of minor (14 years or older); and
✓ Certified copy of order signed by the judge required for application
for SIJS.
• Ensure that all forms are completed accurately, verify information
on passport and other identification documents, and ensure that
information is consistent in the different documents (check names
and dates). Any incorrect or inconsistent information will delay
and/or obstruct the process.
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4
Minor’s Attorney
The minor's dependency attorney, in conjunction with the court appointed
immigration attorney, not the Human Services Agency, is responsible for
overall SIJS processing. The minor's dependency attorney or immigration
attorney will file a motion requesting that the court issue an order making the
SIJS findings and will also be responsible for filling out all application forms
and obtaining the youth’s signature.
The minor's dependency attorney may ask the court to appoint an
immigration attorney for the minor, if another system for placing dependent
children with an immigration attorney is not already in place.
Subject to the court’s granting the PSW permission to share information and
documents with the minor’s immigration attorney, the PSW will provide the
attorney with all required documentation (i.e. case plan, reports, photos,
summaries, identification, copies of medical/health exams, etc.) and any
additional information to expedite the SIJS filing process.
It is helpful for the minor’s immigration attorney if the PSW summarizes the
case for them, e.g., what the case is about and what the court based its
decision upon. It is also helpful for the attorney to have copies of: (1) the
petition/detention report; (2) disposition report; and (3) any order relating to
finding the child dependent and not able to reunify with one or both
parents...Note: information about other siblings or other third parties not
involved in the SIJS process should be redacted from reports.
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APPENDIX C: MODEL CHILD WELFARE SIJS POLICY
5
How to Obtain Required SIJS Documents
Obtaining Birth
Certificates
& Other
Identification
Birth certificates, passports and citizen identification cards are needed in the
SIJS application process. Some foreign governments issue identification
cards through their Consulates. It is important to make sure that the
information contained in these documents is consistent. Watch out
especially for names and dates, e.g., if the date of birth differs in the
documents, it can create a credibility issue for the minor in the immigration
process. All foreign documents are required to be translated. Translation
may be done by someone who is competent to translate in the language(s)
and does not require that the person be certified.
A. Obtaining Birth Certificates and Other Identification
To obtain an original birth certificate:
1. Request in writing a birth certificate from the consulate or embassy of
the minor’s country of origin. Include as much detailed information
about the minor’s birth as possible, such as, date of birth, names of
parents, place of birth, and province, town and name of hospital
where minor was born.
2. When applicable, send fees payable to the consulate/embassy of the
minor’s country of origin for the birth certificate or the identification
card.
An original birth certificate is needed to obtain a passport.
NOTE: If a birth certificate cannot be obtained for a minor, the minor's
immigration attorney may try to request a certificate referred to as a "delayed
registration of birth document" from the state of California in Sacramento
called the “California Office of Vital Records.” In order to obtain this
document, a court order will be needed to establish the facts of birth and
stating that the birth certificate is unobtainable. This is used in lieu of a birth
certificate. See more information from the California Department of Public
Health, "Court Order Delayed Registration of Birth,” available at
www.cdph.gov.
B. Passports
It is important to start as early as possible to obtain the minor’s passport as
the process takes time. To obtain a passport, a request must be submitted in
person and all of the documents listed below must be presented at the time
of the appointment. If necessary, the PSW should contact the appropriate
consulate for an appointment and inquire about its specific requirements for
obtaining a passport.
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6
Obtaining Birth
Certificates
& Other
Identification
(continued)
Usually the passport request will include:
• A letter from worker requesting passport;
• An original birth certificate;
• A school identification card or an identification card from the country
of origin or issued by the consulate. If the minor has no form of
identification, the PSW must write a letter providing the information
about the minor, with a photo attached to the letter;
• A court order or findings supporting dependency; and
• The appropriate fees to pay for passport (contact the consulate for
specific amounts and types of payment accepted).
C. Photos
It will be necessary for the minor to have at least four (4) “passport-type”
color photographs. Most passport photo shops are familiar with immigration
photo standards and specification. The photographs must be taken no
earlier than 30 days before the SIJS application is submitted. The minor's
name should be written lightly in pencil on the back of each photograph.
D. Medical Exam
Minors will be required to have a medical exam by a USCIS-authorized
physician. When requested by the immigration attorney, PSWs should
coordinate with the youth and the youth’s caretaker to make an appointment
with a USCIS-authorized physician. A list of authorized physicians may be
found by calling the USCIS National Customer Service Center at 1-800-375-
5283 or by visiting https://my.uscis.gov/findadoctor and entering your zip
code.
PSWs must ensure that the minor's attorney or another appropriate adult
accompanies the minor to the appointment. The physician will record the
results of the exam on a USCIS-approved form and provide the completed
form in a sealed envelope. The sealed envelope must not be opened. It
must be submitted to USCIS with the Adjustment of Status application and
will only be accepted if it is sealed.
If the worker needs a copy of the form, the minor (or representing worker)
can request a copy from the physician. There is no filing fee for this form, but
a fee must be paid to the physician for this exam. Any current medical and
immunization information, as well as the minor's photo identification, must be
taken to the medical appointment.
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APPENDIX C: MODEL CHILD WELFARE SIJS POLICY
7
Obtaining Birth
Certificates
& Other
Identification
(continued)
E. Biometrics/Live-Scan Fingerprints
Minors 14 years of age or older are required to be fingerprinted at an
approved immigration office, called an Application Support Center. After
USCIS receives the adjustment of status application, USCIS will send an
appointment letter with the location of the nearest USCIS-authorized
fingerprint site. PSWs should work with the minor's attorney to ensure that
the fingerprinting appointment is kept. Any changes may delay the process.
PSWs must also ensure that the minor is accompanied by either their
attorney or another appropriate adult. The minor must bring a government-
issued photo ID, the appointment letter, and the completed forms to the
appointment.
F. Collection of Other Key Information
The minor’s attorney will have to submit biographic information in the form I-
485, application for adjustment of status. It is helpful if the worker can start
collecting key information that is requested in this form. The key information
needed includes: all of the minor’s residences in the U.S. in the last five
years and the time periods during which they lived there, the minor’s last
address outside the U.S. of more than one year, and employment in the last
five years (name and address of employer, occupation, and time periods of
employment).
Fees
PSWs will submit 1015 forms to the rate setter after supervisor approval to
request payment for all application fees associated with SIJS. These forms
are accessible through CWS/CMS. Immigration filing fees do change.
Therefore, prior to filing the request for application fees, consult the youth’s
immigration attorney or the USCIS website, www.uscis.gov for the current
filing fees and policies. If the youth’s attorney submits forms with the
incorrect filing fee amount, they will not be considered properly filed.
• There is no filing fee for the I-360 SIJS Application.
• The filing fee for the I-485 Adjustment of Status (lawful permanent
residence) application is currently $1,140.
• The filing fee for the I-765 Employment Authorization is currently
$340.
• The filing fee for the biometrics (fingerprinting) is currently $85, if 14
years old or older.
APPENDIX C:
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8
Fees
(Continued)
A fee waiver for each of those filing fees may be requested for SIJS
applicants who are unable to pay the fees. This option should not be
pursued in cases where timing is critical – for example, where the minor
may soon age out of dependency. This is because the forms are not
considered properly filed until the fee amount is received or a fee waiver
request is granted, and a fee waiver request may delay the process or
ultimately be denied. Case workers should check with the minor’s attorney
to determine if there is sufficient time to file a fee waiver in the case.
SIJS Interview
Appointment for
Interview
Upon submission of all forms and documentation required for SIJS, the
youth may have an interview with a USCIS officer, though this has been
uncommon in recent years. If the youth is scheduled for an interview, the
immigration attorney will receive an interview letter with an appointment
date from USCIS.
The immigration attorney should notify the worker of the interview date and
arrange a pre-interview meeting with the minor and the worker at least one
or two weeks before the interview.
The immigration attorney will accompany the minor to the interview.
If the application for Adjustment of Status is granted, USCIS will send the
official documentation of permanent residency, a Lawful Permanent
Resident (LPR) card. Lawful permanent residency does not end when the
minor ages out. Lawful permanent residency is indefinite. However, an LPR
can be placed in removal proceedings and have their green card terminated
if they violate the immigration laws, most commonly by violating criminal
laws. The Permanent Resident Card itself must be renewed every ten
years.
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APPENDIX C: MODEL CHILD WELFARE SIJS POLICY
9
Responsibilities
of the PSW if
permanent
residency is
granted
Upon receipt of the Permanent Resident Card, the PSW will make copies
and provide them to the minor, the minor's attorney and Foster Care (FC)
Eligibility. The original card should be placed in the minor's file. Upon
emancipation or earlier if the dependency is dismissed, the minor will
receive all original paperwork from the PSW.
The minor should be advised of their rights and responsibilities as a lawful
permanent resident by the attorney. Caseworkers can also give them a
rights and responsibilities guide entitled Living in the United States: A Guide
for Immigrant Youth found at
https://www.ilrc.org/living-united-states-guide-immigrant-youth
Obtaining Other Important Documents
Employment
Authorization
(Work Permit)
Applicants who file an adjustment of status application are eligible for
employment authorization during the time it takes USCIS to make a
decision on the application. The applicant files the application for
employment authorization (Form I-765) at the time of submitting the
adjustment of status application. The employment authorization application
may take months to be adjudicated.
Once the minor has the employment authorization (work permit), the worker
must make a copy for the file and send a copy to the minor’s attorney.
Social Security
Card
Upon receipt of the employment authorization document or permanent
resident card, the PSW will apply for a social security card for the minor at
the local Social Security Administration Office. If a dependent is over 18
years of age, the case-carrying worker will ensure that the dependent
applies for a Social Security card.
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APPENDIX C: MODEL CHILD WELFARE SIJS POLICY APPENDIX C: MODEL CHILD WELFARE SIJS POLICY
10
State
Identification
Card or Driver’s
Permit
Once the minor has a social security card, they can go to the Department of
Motor Vehicles to get a state identification card or a driver’s permit. Check
with the DMV office for the current cost of a state identification card. (Note
that it’s also possible for undocumented people in California to get driver’s
licenses [but not state identification cards] under AB 60, so if a youth needs
a driver’s license prior to obtaining work authorization or their permanent
resident card, they may wish to apply for a driver’s license pursuant to AB
60. For more information, see
https://www.dmv.ca.gov/portal/dmv/detail/ab60.)
The PSW should assist the minor in connecting with the Independent Living
Skills Program (ILSP) to obtain a California Identification Card or a
California Driver's License.
• To obtain a state identification card, the minor must provide a social
security number, legal presence document (permanent resident
card or work permit), with the Driver's License or Identification Card
application (DL-44) and the application fee.
• To obtain a driver's permit, the minor must be at least 15 ½, but
under 18 years of age. The minor must complete the (DL-44) form
with the appropriate signatures. The minor must also provide a
social security number, birth date, legal presence document
(permanent resident card or work permit), proof of driver education
completion and proof of driver training enrollment, and the
application fee. If over 18 years of age, the applicant must provide
a social security number, birth date, and legal presence document.
Applicants must also take a written exam.
Forms,
Information,
Contacts, and
Important Links
• Application Support Centers provide biometrics, e.g., fingerprinting
and related services.
• United States Immigration and Citizenship Forms – link to all forms
and documents.
• Asylum Offices handle scheduled interviews for asylum-related
issues only.
• Service Centers and the National Benefit Center receive and
process a large variety of applications and petitions.
• Local Citizenship and Immigration Services Offices handle
scheduled interviews on other applications. They also provide
limited information and customer services that supplement those
we provide through our website and by phone.
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APPENDIX C: MODEL CHILD WELFARE SIJS POLICY
11
APPENDIX – Sample Forms
SPECIAL IMMIGRANT JUVENILE STATUS (SIJS) CHECKLIST
This form is to accompany the case file when transferring a case with a minor who is seeking SIJS
PSW Name: _____________________________________________________________Phone:_____________________
PSW Unit:______________________________________Unit Number:______________Date_______________________
Child’s Name:________________________________________________________ DOB:__________________________
Type of Placement:
NREFM FH FFA
Case Status:
ER FR TPU Date FR services terminated:______________________
Last Parent Search: (date)_______________ Dependency Attorney:_________________
Immigration Attorney assigned:_________________
Consulate Contacted:
Yes No Name of Consulate:___________________________________________
DOCUMENTS
IN FILE (date)
PENDING (date)
N/A
• Birth Certificates
• Delayed Registration of Birth Requests
• Passport/ID from Country Of Origin
• SIJS Application submitted
• Voucher forms and fees submitted (all fees
subject to change):
✓ I-360 Special Immigration petition fee:
no fee
✓ I-485 Adjustment of Status fee: $1,140
✓ I-765 Work Auth. I.D. Card: $410
✓ Fingerprints ($85), if 14 or over
✓ Medical Examination
• Immigration Medical Exam
• LiveScan Fingerprints
• Employment Authorization Document (work
permit)
• Social Security Card
• Permanent Resident Card
• Copies to minor/attorney
_____________
_____________
_____________
_____________
_____________
_____________
_____________
_____________
_____________
_____________
__________
__________
__________
__________
__________
__________
__________
_____________
_____________
_____________
_____________
_____________
_____________
_____________
_____________
_____________
__________
__________
__________
__________
__________
__________
__________
__________
_____________
_____________
_____________
_____________
_____________
_____________
_____________
_____________
_____________
__________
__________
__________
__________
__________
__________
__________
__________
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APPENDIX C: MODEL CHILD WELFARE SIJS POLICY APPENDIX D: MODEL CHILD WELFARE PROTOCOL FOR REQUESTING U VISA CERTIFICATIONS
Human Services Agency
Immigration and Child Welfare Practices
Protocol for Requesting U Visa Certifications
U Visa Certification Preferences: Contact Information
Name of Certifying Agency: [COUNTY] Department of Family and Children’s Services
Name of Certifying Official: [NAME]
Head of Certifying Agency: [NAME]
Address: [ADDRESS]
Phone: [PHONE]
Fax: [FAX]
Agency Type: Local
Certifying Agency Category: Child Protective Services
E-mail address: [EMAIL OF CERTIFYING OFFICIAL]
Preferred Request Method: [COMPLETE PREFERRED REQUEST METHOD, E.G. VIA U.S.
MAIL, NO PHONE CALLS PLEASE, FOLLOW-UP BY EMAIL.]
Required Documents
What documents should be included in the U Visa Certification request?
1. Brief Cover Letter: The cover letter should contain the client’s identifying information,
mailing address, and the name and DOB of at least one of the children included in the
DFCS case. Include a brief description of the crime that forms the basis of the U visa
case. If client has had several child welfare referrals or cases investigated, please address
the specific crime or incident you are inquiring about and when it happened.
2. Request to the juvenile court to submit to USCIS the I-918 B certification which
includes information from the dependency file. This should include a signature from the
client with the following or similar language: “I request permission to submit to USCIS
the I-918 B certification which includes information from the dependency file.”
3. Pre-populated Form I-918 B:
a. Please review the child’s file and prepare the certification based on the
information in the report.
b. If you do not have a copy of the child’s records, please request a copy pursuant to
the Welfare & Institutions Code § 827 and Cal. Rules of Court 5.552.
c. If you are not able to obtain the file in a timely fashion, please include as much
information and documentation as possible with your request, including:
i. Victim name and DOB, as well as the name and DOB of the oldest child
included in the child welfare case.
ii. If the victim is a child, include the mother’s name and DOB.
iii. Date of the incident that forms the basis of the U visa case (at a minimum,
the year).
iv. Detailed description of the incident/crime that forms the basis of the U
visa case.
APPENDIX D: MODEL CHILD WELFARE
PROTOCOL FOR REQUESTING U-VISA
CERTIFICATIONS
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APPENDIX D: MODEL CHILD WELFARE PROTOCOL FOR REQUESTING U VISA CERTIFICATIONS
v. Description of the client’s cooperation with the child welfare agency in the
investigation of the incident/crime.
vi. Explain your efforts to obtain the documents and lack of response and
request that the child welfare agency check their system for relevant
records.
d. Note that in Part 2, the case number should either be the referral number/state
number, or if the case was referred to court, the court case number.
4. Police report and restraining order, if available.
5. Child welfare agency report of the incident/crime.
Notification
You will be notified by the child welfare agency of the final decision within approximately [X]
weeks. The signed certification will be mailed to you via US certified mail. You will be notified
via [EMAIL] if the U visa certification request is denied.
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APPENDIX D: MODEL CHILD WELFARE PROTOCOL FOR REQUESTING U VISA CERTIFICATIONS APPENDIX E: SAMPLE CONSULAR MOU
MEMORANDUM OF UNDERSTANDING BETWEEN THE CONSULATE GENERAL OF
MEXICO IN SAN FRANCISCO AND THE SAN FRANCISCO HUMAN SERVICES
AGENCY, DEPARTMENT OF FAMILY AND CHILDREN SERVICES, CALIFORNIA,
UNITED STATES OF AMERICA
REGARDING CONSULAR ASSISTANCE IN CUSTODY
PROCEEDINGS INVOLVING MEXICAN MINORS
The Consulate of Mexico in San Francisco (hereinafter “the Consulate”) and the San
Francisco Human Services Agency, Department of Family and Children Services, California,
United States of America (hereinafter “SFHSA-FCS”) jointly referred to as “the Parties”;
CONSCIOUS of the importance of preserving, rehabilitating and reuniting
families;
RECOGNIZING their interest in working together in order to prevent
neglect, abuse and exploitation of Mexican minors located in the United States of
America and to provide them with a safe, stable and permanent home in a timely
fashion;
BEARING IN MIND the international commitments set forth in the Consular
Convention between the United States of America and the United Mexican States, 57
Stat. 800; Treaty Series 985 (hereinafter Bilateral Convention), and the Vienna
Convention on Consular Relations, 21 U.S.T 77, T.I.A.S. No. 6820 (hereinafter “Vienna
Convention”); that provide for consular notification and access in those cases where
foreign nationals are involved in legal proceedings;
CONSIDERING that an important duty of the Consulate is assisting
Mexican nationals and protecting their interests;
CONSCIOUS of the need to join efforts to treat, with special care, the high
number of protective custody and dependency cases involving Mexican minors located
APPENDIX E: SAMPLE CONSULAR MOU
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APPENDIX E: SAMPLE CONSULAR MOU
2
in the City and County San Francisco, through the development of a bilateral
mechanism that facilitates the early identification of said minors and assure the exercise
of the consular assistance referred to in the Bilateral Convention and Vienna
Convention;
Have agreed as follows:
I. PURPOSE
The purpose of this Memorandum of Understanding is to enhance the
services provided to minors and families who are Mexican nationals, by clarifying the
responsibilities between the Parties to assure the exercise of the consular assistance set
forth in the Bilateral Convention and Vienna Convention, during custody and
dependency proceedings involving Mexican minors.
II. APPLICABLE TREATIES
SFHSA-FCS recognizes that the Government of Mexico has the right to
carry out consular functions to protect the interests of its nationals abroad, including
those of minors, in the terms set forth in Article 5, paragraphs (a) and (h) of the Vienna
Convention.
1
SFHSA-FCS further recognizes its duty to communicate the Consulate,
without delay,
2
about any custody proceeding involving Mexican minors, in accordance
with Article 37 (b) of the Vienna Convention.
3
Likewise, SFHSA-FCS recognizes that the Consulate has the rights to
interview, to communicate with, to visit, and to assist
4
Mexican minors involved in
SFHSA-FCS custody proceedings, in accordance with Article VI of the Bilateral
Convention.
5
III. CONFIDENTIALITY INFORMATION
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APPENDIX E: SAMPLE CONSULAR MOU APPENDIX E: SAMPLE CONSULAR MOU
3
The Consulate recognizes and shall abide by the confidentiality provisions
established in the California Welfare & Institutions Code (CWIC), Section 827 and local
rules of Court, which allows SFHSA-FCS to share court reports and confidential
information only pursuant to court authorization.
Nevertheless, the SFHSA-FCS recognizes the Consulate’s rights to
request information regarding protective custody and dependency proceedings involving
Mexican minors, pursuant to the above mentioned international treatments. Mainly, in
order to facilitate their Consular functions for the protection of the minor’s rights by
assisting the SFHSA-FCS in the location of relatives in Mexico, obtaining home studies
from their sister agency in Mexico, (Sistema Nacional para el Desarrollo Intergral de la
Familia herein D.I.F.), as well as any other information needed to assist the appropriate
determination of temporal or permanent placement for the minors’ best interest.
IV. DEFINITIONS
For the purposes of this Memorandum of Understanding:
A. “Mexican minor” means any unmarried individual who is under the age of
eighteen and:
1. Was born in Mexico, or
2. Two or more countries confer their nationality to the individual and
Mexico is one of those countries, or
3. Mother or father is Mexican.
B. “Custodian” means the person in charge of the Mexican minor’s care.
C. “D.I.F.” means the Agency for Integral Family Development. This is the
agency in Mexico responsible for child protection services.
V. PROVISIONS
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APPENDIX E: SAMPLE CONSULAR MOU
4
To achieve the purpose of the present Memorandum of Understanding, the
Parties agree to the following responsibilities:
A. The SFHSA-FCS through the corresponding social worker will:
1. Notify the Consulate pursuant to the Bilateral Convention and Vienna
Convention, as well as California Welfare & Institutions Code, Section 828, SFHSA-
FCS, when:
a) SFHSA-FCS assumes protective custody of a Mexican minor;
b) the parent or custodian of a Mexican minor so request the notification of
the Consulate, and
c) SFHSA-FCS is aware that either parent of a minor resides in Mexico, and
d) SFHSA-FCS is aware that either parent of a U.S born minor is Mexican.
The notification shall be made without delay, from the date SFHSA-FCS
assumed the protective custody of a Mexican minor or the Mexican citizenship of the
minor is established.
2. Provide the parent or custodian of the Mexican minor with information on
the consular services and assistance prescribed in the Bilateral Convention and Vienna
Convention. Specifically, shall provide the following:
3. Written information, in Spanish and English about the protective custody
or/and dependency proceeding before the Juvenile Court, and
4. The address of the Consulate General of Mexico as follows: Consulado
“General de Mexico en San Francisco. 532 Folsom St. San Francisco, CA 94105.
Teléfonos (415)354-1716, durante horas de oficina, y (415) 699-1885 para casos de
emergencia.”
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APPENDIX E: SAMPLE CONSULAR MOU APPENDIX E: SAMPLE CONSULAR MOU
5
5. Determine the citizenship of the minor at the time of assuming his/her
protective custody, or later on. Once protective custody is assumed by SFHSA-FCS and
information available allows SFHSA-FCS to presume the minor’s citizenship.
When possible, the SFHSA-FCS caseworker responsible for the protective
custody case shall obtain a certified copy of the Mexican U.S. birth certificate, in order to
prove the minor’s citizenship, through their place of birth or by his/her parents
citizenship. The Consulate may assist SFHSA-FCS, whenever possible, in obtaining the
corresponding Mexican birth certificate.
6. For purposes of the notification referred to in the above paragraph,
SFHSA-FCS shall provide the Consulate the following information, when available:
a) Name of the Mexican minor;
b) Date and place of birth of the Mexican minor;
c) Name, phone number and address of the parents or custodian, and
d) Name and phone number of the caseworker responsible for the protective
custody case.
7. Upon request from the Consulate, the SFHSA-FCS social worker shall
provide verbal updates regarding progress of a Mexican minor’s case.
8. Facilitate procedures to identify and repatriate children for placement in
Mexico when there is no child protective issue.
B. The Consulate will:
1. Have the right to interview the Mexican minor under SFHSA-FCS
protective custody. To such effect, the supervisor of the caseworker responsible for the
custody case shall consent for the interview to take place.
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APPENDIX E: SAMPLE CONSULAR MOU
6
In order to arrange for an interview with a Mexican minor, the Consulate
shall contact the child Advocate's Office or the SFHSA-FCS caseworker in charge of the
protective custody case.
2. Maintain open communication with the SFHSA-FCS and be available
during business hours and after business hours for emergencies.
3. Observe confidentiality requirements as stipulated by the State of
California statutes.
4. Assist with parents or relatives searches in Mexico when needed.
5. When there are no protective issues involving Mexican minors, facilitate
procedures to identify and repatriate minors to Mexico for placement.
6. Upon SFHSA-FCS notification to the Consulate regarding the custody of a
Mexican minor, the Consulate may contact DIF in order to procure the appropriate socio-
economic (home) studies of families in Mexico who may be eligible to obtain custody of
a Mexican minor under protective custody of SFHSA-FCS. Upon reception of the
studies, the Consulate shall immediately transmit the information to the SFHSA-FCS
caseworker responsible of the case.
When custody of a Mexican minor is granted to a family in Mexico, the
Consulate shall coordinate with the SFHSA-FCS and D.I.F., in order to facilitate the
repatriation of said minor to Mexico.
Once the minor is in Mexico, DIF shall be responsible of turning the
Mexican minor over to the family assuming custody and shall adopt the necessary
measures to assure the minor’s welfare.
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APPENDIX E: SAMPLE CONSULAR MOU APPENDIX E: SAMPLE CONSULAR MOU
7
7. The Consulate and SFHSA-FCS shall work jointly in locating those
persons that reside in Mexico, that are required to appear before a Court in California in
connection to a custody proceeding involving a Mexican minor. Effort should be made to
notify them in a timely manner to assure their appearances.
The SFHSA-FCS shall assist in the issuance of witnesses subpoena,
needed to obtain the appropriate immigration documentation to achieve court
appearances.
8. Both Parties agree to assist in procedures needed in order to finalize the
adoption process in cases when the child has been placed with relatives in Mexico,
upon termination of parental rights. A protocol will be established to facilitate court
appearances, either by bringing families to San Francisco, CA; by web video-conference
protocol or in case the court would appoint an attorney to represent the prospective
adoptive family.
9. In cases of Mexican children being adopted through court proceedings in
Mexico currently living with their adoptive parents in San Francisco, Ca. The SFHSA-
FCS will assist in verifying the well being of children in specific cases, upon the
Consulate’s request.
10. When a Mexican minor is under dependency custody of County of San
Francisco and is considered eligible to obtain the Special Immigrant Juvenile Status
(SIJS), pursuant to INA, sec, 101 (a)(27)(j)(ii), 8 U.S.C. sec 101 (a)(27)(J)(ii). The
Consulate will assist SFHSA-FCS in obtaining the necessary documentation from
Mexico for completion of the SIJS application.
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APPENDIX E: SAMPLE CONSULAR MOU
8
11. Both Parties agree that when a parent (s), in violation of a protective
custody order, remove their child(s) from their placement in San Francisco and flee
with him or her to Mexico, the proper procedure to request assistance for returning
the child to the agency that had jurisdiction, will be the one established by Hague
Convention on International Child Abduction, through their Central authorities, in order
to continue with the proceedings to safeguard his/her/ their safety and well being.
12. Consular Officers and the SFHSA-FCS staff shall meet periodically, in
order to review issues arising from the application of this Memorandum of
Understanding. The Consul and the SFHSA-FCS’ Director or designee shall meet once
a year in order to evaluate the progress and development of the present Memorandum
of Understanding.
Both Parties confirm their commitment to celebrate joint meetings and to
develop other coordinated efforts, such as their participation in preventive activities
regarding the welfare of Mexican families and minors. In addition, the SFHSA-FCS
Communications Section and the Consulate shall make every necessary effort to
exchange, in a timely manner, information and opinions when high profile cases
involving Mexican minors receive media coverage.
Notwithstanding the provisions set forth in this Memorandum of
Understanding, the Parties acknowledge that the Consulate may contact, at any time,
the SFHSA-FCS, the Court Appointed Special Advocate (CASA) and/or Office of
Attorney General in relation to a Mexican minor
VI. RULES AND PROCEDURES
The Parties agree to adopt the necessary rules and procedures, in order to
comply with this Memorandum of Understanding.
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APPENDIX E: SAMPLE CONSULAR MOU APPENDIX E: SAMPLE CONSULAR MOU
9
FINAL PROVISIONS
This Memorandum of Understanding shall become into force from the date
of its signature and shall remain in force for a period of twelve (12) months,
automatically renewable for equal periods, unless any of the Parties gives written notice
to the Other of its intention of not renewing it, at least sixty (60) days prior to the
expiration of the current effective period.
Either Party may terminate this Memorandum of Understanding at any
time, by providing a ninety (90) days written notice to the other Party.
Signed in San Francisco, California, this___________ day of ________
two thousand and ten, in duplicate, in the Spanish and English languages, being both
texts equally authentic.
FOR THE CONSULATE GENERAL OF
MEXICO IN SAN FRANCISCO
Carlos Felix Corona
Consul
FOR THE SAN FRANCISCO HUMAN
SERVICES AGENCY, DEPARTMENT OF
FAMILY AND CHILDREN SERVICES OF
THE STATE OF CALIFORNIA OF THE
UNITED STATES OF AMERICA
Trent Rohrer
Director
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APPENDIX E: SAMPLE CONSULAR MOU
10
1
Article 5 of the Vienna Convention provides in part that consular functions consist in:
“a)protecting in the receiving State the interest of the sending State and of its nationals, both individuals and
bodies corporate, within the limits permitted by international law;
[…]
h) safeguarding, within the limits imposed by the laws and regulations of the receiving State, the interest of
minors and other persons lacking full capacity who are nationals of the sending State, particularly where any
guardianship or trusteeship is required with respect to such persons”
2
The time of notification will be specified below.
3
Article 37 of the Vienna Convention states in relevant part:
“If the relevant information is available to the competent authorities of the receiving state, such authorities
shall have the duty:
(a) [omitted]
(b) To inform the competent consular post without delay
of any case where the appointment of a guardian
or trustee appears to be in the in the interest of a minor or other person lacking full capacity who is
national of the sending state. The giving of information shall, however, be without prejudice to the
operation of the laws and regulations of the receiving state concerning such appointments.”
(Emphasis added)
(c)
4
Procedures for notification will be specified below.
5
The Bilateral Convention expresses an Article VI that:
“1. Consular officers of either High Contracting Party may, within their respective consular districts,
address the authorities, National, State, Provincial or Municipal, for the purpose of protecting the nationals of the state
by which they were appointed in the enjoyment of rights accruing by treaty or otherwise. Complaint may be made for
the infraction of those rights. Failure upon the part of the proper authorities to grant redress or to accord protection
may justify interposition thought the diplomatic channel, and in the absence of a diplomatic representative, a consul or
the consular officer stationed at the capital may apply directly to the Government of the country.
2. Consular officers shall, within their respective consular districts, have the right:
(a) to interview and communicate with the nationals of the State which appointed them;
(b) to inquire into any incidents which have occurred affecting the interest of the nationals of the State
which appointed them;
(c) upon notification to the appropriate authority, to visit any of the nationals of the State which appointed
them who are imprisoned or detained by authorities of the State; and
(d) To assist the nationals of the State which appointed them in proceedings before or relations with
authorities of the State.
3. National of either High contracting Party shall have the right at all times to communicate with the
consular officers of their country. (Emphasis added).”
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APPENDIX E: SAMPLE CONSULAR MOU APPENDIX F: BORDER CROSSING PERMISSION PROCESS
Definition At times, it is necessary for a non-U.S. citizen residing in Mexico to
attend court hearings or court-ordered reunification/maintenance
activities within the U.S. An agreement has been developed with
USA Bureau of Customs and Border Protection (CBP) for this
purpose.
Procedure The following procedure will be used to assist a parent in legally
entering the United States.
Step
Who
Action
1
SW
Complete and sign 04-242.
Obtain supervisor signature.
At least one week before desired
entry date; send completed 04-
242 and copy of court order,
minute order, subpoena, summons,
or court officer's summary to the
International Liaison (FAX:
858/514-6632).
NOTE: Include the parents’ full name
including paternal and maternal last
names; e.g., Jose Perez Lopez.
2 International
Liaison
Review 04-242
Fax completed 04-242 to CBP
3 CBP Review 04-242.
If request approved, fax
confirmation number to
International Liaison and Port of
Entry.
If request is not approved, fax
denial to International Liaison
only.
4 International
Liaison
Notify SW of CBP decision and give SW
the confirmation number.
5
SW
Notify parent(s) of CBP decision. If
request approved:
Instruct parent(s) to:
o
Bring identification
o
Go to pre-arranged
APPENDIX F: SAMPLE BORDER
CROSSING PERMISSION PROCESS
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APPENDIX F: BORDER CROSSING PERMISSION PROCESS
Port of Entry on
date of court
hearing or court-
mandated activity
and present the
confirmation
number.
Advise parent(s) that immediate
return to Mexico is mandatory
after the designated activity is
completed.
If request is not approved, parent(s) may
not legally enter the U.S.
6 Parent Give Confirmation Number to
CBP and request I-94.
Return the original admittance
document, I-94, to CBP upon
leaving the U.S.
NOTE: If the original I-94 is not returned
to CBP following the hearing/visit, it must
be returned prior to a new I-94 being
issued.
When a
parent does
not/cannot
return as
scheduled
The SW is responsible for notifying the International Liaison when
the parent:
goes AWOL (does not return to Mexico), or
will not be able to return to Mexico as scheduled.
To notify the International Liaison, the SW will call (858) 514-
6730.
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APPENDIX G: MONITORED VISITATION PROCESS
If you have any questions regarding this release please
e-mail your question to:
[email protected]y.gov
(right click to open footer section and access link)
FOR YOUR INFORMATION
FYI FYI FYI FYI FYI FYI FYI FYI FYI FYI
Issue
18-29
Date:
07/20/18
Arranging Monitored Visits Between Dependent Children and Parents Residing in
Tijuana, Mexico
This is to provide clarification and guidance to staff on the procedures to follow when a court order
and/or case plan require a visit between dependent children and parents residing in Tijuana, Mexico.
The Consulate General of Mexico in San Diego located at the San Ysidro-Tijuana Port of Entry,
functions as a liaison between the United States and Mexico on many matters, including the visitation
of dependent children with parents residing in Tijuana, Mexico. The DCFS International Liaison is the
only DCFS staff authorized to schedule visits through the Mexican Consulate of San Diego.
Please note that transportation of the children and the monitoring of the visit is the responsibility of the
case-carrying CSW and that visits must be monitored by a DCFS Spanish Speaking HSA or CSW.
Transporting the children to and from the Border and monitoring the visit will most likely last all
business day. Therefore, two DCFS staff are needed to ensure that the children are supervised at all
times and that staff is able to take their appropriate breaks.
REQUESTING A VISIT AND VISITATION PROTOCOL:
Fax a written request to the DCFS International Placement Unit at 213-742-7070 (attention:
“international Liaison”). The telephone number for the International Placement Unit is (213) 743-
8604 or (213) 743-8601.
Visits are available Monday to Friday from 10am to 12pm, 11am to 1pm, or 12pm to 2pm.
Once the visits are authorized and arranged, the assigned CSW is to inform the parent of the
location, date and time of the visit.
DCFS staff should be prepared to provide proof of citizenship or residency for each child and for
themselves. If the child is undocumented or if the child has no proof of citizenship or legal
APPENDIX G: SAMPLE MONITORED
VISITATION PROCESS
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APPENDIX G: MONITORED VISITATION PROCESS
If you have any questions regarding this release please
e-mail your question to:
[email protected]y.gov
(right click to open footer section and access link)
FYI FYI FYI FYI FYI FYI FYI FYI FYI FYI
Issue
18-29
Date:
07/20/18
residency consult with County Counsel to inform the Court that travel to the Border might not be in
the child’s best interest.
No food, drinks and large or bulky items are allowed and all personal belongings are subject to
inspection
There is available parking at Las America’s Outlets and in nearby lots ($15 - $20).
The Consulates of Mexico are not responsible for any incidents that occur during visits.
INFORMATION FOR PARENTS ARRIVING FROM MEXICO:
Entry is through the PedWest Section walkway, at the San Ysidro Port of Entry.
Inform the security guard of the appointment at the Consulate Social Services Division.
Bring valid picture identification.
Personal belongings are subject to inspection and no large packages or bulky items will be
allowed.
Location of the Mexican Consulate in San Diego:
420 Virginia Ave.
San Diego, CA 92173
619-690-5717
Contacts: Cesar Rodriguez or Jose Manuel Hernandez
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APPENDIX G: MONITORED VISITATION PROCESS APPENDIX H: PLACING CHILDREN OUTSIDE OF THE COUNTRY
Placing Children Outside of the Country
Department of Children and Families Los
Angeles County
0100-525.11
Revision Date: 7/1/2014
Overview
This policy provides guidelines and procedures of placing children with a parent or relative outside of
the United States.
Table of Contents
Policy
Placement Outside of the Country
International Placement Unit
Procedure
Requests for an International Placement
CSW Responsibilities
IPU Responsibilities
Receiving the International Home Study
CSW Responsibilities
Placing and Transporting a Child to Another Country
CSW Responsibilities
Regional ARA Responsibilities
IPU Responsibilities
Incoming International Cases
IPU Responsibilities
Approvals
Helpful Links
Forms
Referenced Policy Guides
Statutes
Version Summary
This policy guide was updated from the 07/10/2013 version, as part of the Policy Redesign, in
accordance with the DCFS Strategic Plan.
Available at: http://policy.dcfs.lacounty.gov/Content/Placing_Children_Outside.htm
APPENDIX H: SAMPLE PROCESS FOR
PLACING CHILDREN OUTSIDE OF THE
COUNTRY
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Placement Outside of the Country
Whenever a placement outside of the United States is necessary, the CSW must assess whether the placement
is in the child’s best interest. The court will not order an out of country placement of a child prior to
establishing that it is in the best interest of the child, unless the placement is with the child’s parent.
The CSW must identify and address the child’s feelings, and assess the ability of the potential caregiver to
attend to the child’s needs to the best of his/her ability. Caregivers outside of the country will not receive any
financial assistance through Foster Care and KinGAP programs. The CSW, when possible, must plan for
contact (telephone or physical) with the prospective caregiver in an effort to ensure the child’s comfort with
moving out of the country.
In cases where the court may order the placement of a school-age child in another country, the CSW must
research the issues of education and advise the court accordingly with the assistance of the International
Placement Unit (IPU).
Neither DCFS nor the court may authorize placement of a child in another country until an international plan
and home study have been received from the receiving country.
International Placement Unit (IPU)
The International Placement Unit (IPU) provides assistance to DCFS staff when placing children with their
parent(s) or relatives who resides in another country. Any child(ren) referred to the International Placement
Unit must already be declared a dependent(s) of the juvenile court.
All international home study requests must be for the purposes of placement of a child(ren) with a parent or
relative, and all must be processed through the International Placement Unit. Approved home studies are
good for only six (6) months. If placement does not take place within that timeframe, the international case
will be closed.
Placement with a Non-Related/Extended Family Member (NREFM) does not qualify for an international
home study. IPU does not process requests for international adoptions, welfare checks, birth, death, or
marriage certificates, due diligence on parents/relatives or a visit by a dependent child.
International Home studies are done as a professional courtesy. There are no formal agreements/compacts
between Los Angeles County DCFS and other countries. Los Angeles County Dependency Court does not
have legal authority over social services in other countries. Procedures differ amongst countries and are
subject to change. In some cases, a country may charge a fee for completing the home study.
Requests for home studies from other countries are also completed/processed by the International Placement
Unit (IPU) for the purpose of placement with a parent or relative. The International Placement Unit (IPU)
does not process requests from other countries for NREFMs. Approved home studies are good for six (6)
months, if placement does not take place within 6 months, the international case will be closed. International
Placement Unit (IPU) conducts the home study and determines whether placement is appropriate and in the
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best interest of the child. If the assessment of the proposed placement resource is favorable, IPU must
forward a request to ASFA for an assessment of the placement resource’s home. Incoming International home
study request packets must include the following:
A formal letter requesting the home study, information regarding the placement resource and
the reason why the child is in the sending country’s custody.
A legal document indicating that the child is a court dependent.
A report on the child’s educational, medical, dental and emotional well being.
Case Plan including the permanent plan for the child’s care.
Visitation orders/restrictions.
Back to Policy
PROCEDURE
Requests for an International Placement
CSW Responsibilities
1. When a child(ren) is declared a dependent(s) of the juvenile court, and relatives who
reside out of the country express interest in caring for the child(ren), the CSW must
work to obtain pertinent information about these individuals.
2. When requesting an out-of-country placement, DCFS has the burden of proof to show
that the placement is in the best interest of the child. The CSW must include the
following factors in the court report:
a. Whether the placement is with a relative
b. Whether the placement would assist with placing siblings in the same home
c. Amount and nature of any contact between the child and the potential caregiver
d. Physical and medical needs of the child
e. Psychological and emotional needs of the child
f. Social, cultural and educational needs of the child
g. The placement desires of a child who is twelve (12) years and older
3. CSW must also ensure that the court order be worded as follows:
“The court orders DCFS to initiate an international home study request for (full name of
parent/relative), (relationship to the child) in (name of country).”
4. CSW must also request that the minute order be translated to the receiving country’s
official language and that both the original and translated minute order be signed by the
Judge and stamped with the court’s official seal.
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5. Once the minute order is received, assemble an International Home Study Request
packet. It must consist of the following:
a. Minute order signed by the hearing officer
b. A letter written by the CSW on DCFS letterhead, requesting that the receiving
country’s social service agency complete a home study for the purpose of
placement. The letter should also include:
i. Reasons the child(ren) were taken into custody
ii. Any educational, medical and/or psychological problems the child(ren) may
have
iii. Parent/Relative’s full name, address, and telephone number in the foreign
country
iv. The nationality and legal status of the child(ren)
v. Visitation orders/restrictions
6. Forward or fax the International Home Study Request Packet to the attention of the
OCS/International Placement Unit located at 1933 S. Broadway , 5th Floor, Los
Angeles, CA 90007, Phone (888) 303-5111, Fax (213) 742-7070.
7. If the child/youth is undocumented and the international placement is not a permanent
placement, consult with the Special Immigrant Status (SIS) unit at (323) 725-4679 to
determine if a referral should be submitted.
IPU Responsibilities
1. IPU SCSW assigns secondary assignment on CWS/CMS to an IPU Coordinator.
2. IPU Coordinator will contact DCFS CSW to discuss case specifics and requirements for
an international home study request.
3. IPU Coordinator must ensure that all required documents are received from CSW.
4. Contact social services, consulate/embassy or other designated government officials in
the receiving country, to discuss their policies/procedures for processing international
home study requests.
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5. Notify CSW of the requirements as dictated by the receiving country.
6. Assume the role of liaison between receiving countries officials, DCFS staff and Los
Angeles County Dependency Court.
All dealings with the receiving country should exclusively be handled by IPU.
Back to Procedure
Receiving the International Home Study
CSW Responsibilities
1. Evaluate the home study when it is returned by IPU.
2. Submit the home study to the court with a recommendation for approval or denial of the
placement.
a. Attach the original and translated copies of the home study to the court report.
The home study must have an overall positive recommendation in order to
consider placing a child(ren) with a parent/relative.
3. If recommending for the child(ren) to be internationally placed, obtain the following
documents:
a. An original birth certificate for each child. (Photocopies will not be accepted).
b. Copies of the child’s original school records (if applicable) – (Photocopies will
not be accepted).
c. Psychological evaluation (if applicable), medical and dental records.
d. Valid U.S. passport or passport from country of origin for non-U.S. citizens.
e. If the child(ren) is a U.S. citizen, Visa issued from the country they are traveling
to (if applicable).
4. Documents need to be authenticated by the California Secretary of State Office.
a. Check with IPU to determine which documents require authentication.
Back to Procedure
Placing and Transporting a Child to Another Country
CSW Responsibilities
1. If the home study is favorable, recommend that the child be transported to a specific
parent/relative or social service agency in the receiving country.
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2. Discuss the case with International Placement Coordinator to ensure compliance with
international placement protocol.
3. The minute order from the court granting consent for the child(ren) to be placed outside
of the United States must :
a. Be signed by the hearing officer
b. Be translated by the court to the official language of the country receiving the
child(ren).
c. Clearly state the name of the child(ren), and that he/she is ordered to be placed in
the custody of (give full name of placement resource and relationship to the
child).
d. Clearly state that the DCFS staff member (give full name) is authorized to
transport the child(ren) to the city and country of destination.
e. Both the English and translated version of the minute order must be exemplified
(using an official seal) and authenticated (Apostille) by the California Secretary
of State Office.
Check with the IPU to determine which documents the receiving country
requires to be authenticated.
f. Submit the minute orders and any other notarized documents for authentication
by the Secretary of State.
Documents submitted to the Secretary of State must be certified within the
last five years by the appropriate public official or must be notarized by a
California Notary Public.
4. If documents need to be notarized, notify your ARA that Notary Services are required to
process the out-of-country placement.
The CSW requesting the Notary Services needs to have a valid California ID such as a
Driver’s License.
Ensure that the notarization of all applicable documents is completed by a notary.
5. Submit documents to be authenticated (Apostille)
a. An appointment is not necessary to submit in person. A processing fee (per
signature authenticated) and a handling fee may apply. The fee may be waived if
the CSW presents their county badge along with a letter on DCFS letterhead
from their SCSW indicating that the CSW is on official business. The address is
as follows:
300 South Spring Street, Room 12513, Los Angeles, CA 90013, (213) 897-
306, Monday-Friday 8:00 am-4:30 pm
b. If submitting by mail, note that the processing time is typically three (3) to five
(5) business days from the date the request is received and there is a fee. Please
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see the California Secretary of State website on what to include in the packet.
Submit packet to the following address:
Notary Public Section, P.O. Box 942877, Sacramento, CA 94277.
6. Notify the IPU that all documents have been obtained and request assistance with
making arrangement for placement in the receiving country.
7. Arrange transportation for DCFS CSW to accompany the child(ren), if the child(ren)
must be accompanied by an adult other than a parent or relative, by completing the
DCFS 304.
8. The CSW transporting the child will need the child(ren)’s international travel
documents, a copy of the minute order, passport, travel tickets, the consulate document
authorizing transportation of the child(ren) and other appropriate documents (health,
school, etc.) when transporting the child(ren).
9. CSW must maintain monthly contact with the family and report any concerns to IPU.
Regional ARA Responsibilities
1. Make a request for Notary Services by calling one of the three (3) following notaries:
Tom Ross, (310) 225-6789
Daniel Borquez, (626) 840-4333
Robert Marshall, (323) 296-6491
2. The notary will send his/her billing to the ARA who requested the services.
3. Review billing from notary for approval or denial. If approving the billing, complete the
following:
a. Make two (2) copies of the notary’s billing.
b. Complete the DCFS 250 and be sure to include the Fund ORG Code.
c. Both signatures on the DCFS 250 must be ARA level or above.
d. Mail the completed DCFS 250 , the original, as well as one copy of the notary’s
billing to:
i. Procurement Services/Forms Management Section, 501 Shatto Place, Suite
300, Los Angeles, CA 90020
ii. Procurement staff will review ARA approval and send notary’s billing for
payment using to the Fiscal Operations-Accounting Services Section.
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iii. The Fiscal Operation Division-Accounting Services Section will approve and
mail check to the notary.
IPU Responsibilities
1. Coordinate and plan the details of the international placement with the CSW. Remain in
contact with the CSW/SCSW throughout the placement process.
2. Establish and maintain contact with the receiving country’s social services before and
after the placement is made.
3. Request supervision from the receiving country’s social services to assure the child(ren)
has adjusted to the placement until termination can be recommended.
Back to Procedure
Incoming International Cases
IPU Responsibilities
1. Complete a home study in accordance with the rules and regulations of Los Angeles
County DCFS.
2. Refer appropriate proposed placement resource to ASFA for NREFM assessment.
3. Translate the home study to the primary language of the sending country.
Utilize the DCFS list of approved bilingual staff for assistance in translation for non-
English/Spanish speaking countries.
4. Once the home study is complete, including translation, submit for review and approval
by IPU Liaison SCSW.
5. Document any conditions of placement and obtain a written agreement from the sending
country.
6. If placement is made the sending country must give the placement resource a legal
document granting them full legal/physical custody of the child(ren).
7. If the child(ren) is not an American citizen, the parent/relative in the United States must
work directly with the Immigration Department prior to placement of the child in the
United States to ensure compliance with all Immigration laws.
Back to Procedure
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APPROVALS
International Placement Unit (IPU) SCSW Approval
Home Study
Assignment
Supervision
ASFA SCSW Approval
Home Study
Assignment
Supervision
Regional ARA Approval
Home Study
Assignment
Supervision
Notary Services
HELPFUL LINKS
Forms
LA Kids
DCFS Letterhead
DCFS 250, Procurement Request
DCFS 304, Case Related Travel Request.
Hard Copy
Cover Letter for the International Placement on DCFS letterhead
International Home Study Request
Referenced Policy Guides
0100-520.10, Evaluating a Prospective Caregiver
0100-525.10, Interstate Compact for the Placement of Children (ICPC)
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1200-500.10, Vital Records (Birth, Death, Marriage and Divorce)
1200-500.86, Immigration Options for Undocumented Children and Families
1200-501.40, Obtaining a Passport for a Child/Youth Under DCFS Supervision
Statutes
U.S. Constitution, Article VI, Clause 2 – Dictates that all treaties made shall be the supreme law of the land
and are binding on federal, state, and local government officials to the extent that they pertain to matters
within such officials’ competence.
Annex to the MOU on Consular Protection between the U.S. and the United Mexican States; 57 STAT .800,
Treaty Series 985 and the Vienna Convention on Consular Relations – Outlines the rights of children with
dual citizenship; the requirements of consular notification; procedures for sharing information with foreign
consulates when complying with notice requirements or requesting assistance and services; and the
requirements of maintaining all matters confidential that are related to legal affairs, particularly cases
involving custody and adoption of children.
Back to Helpful Links
Print Section (Multiple Sections can be Printed)
Placement Outside of the Country
International Placement Unit (IPU)
Requests for an International Placement
Receiving the International Home Study
Placing and Transporting a Child to Another Country
Incoming International Cases
International Placement Unit (IPU) SCSW Approval
ASFA SCSW Approval
Regional ARA Approval
Forms
Referenced Policy Guides
Statutes
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APPENDIX H: PLACING CHILDREN OUTSIDE OF THE COUNTRY APPENDIX I: MODEL CHILD WELFARE PRUCOL POLICY
Human Services Agency
Immigration and Child Welfare Practices
Permanent Residence Under Color of Law
(PRUCOL)
Reference: ACL 07-20; CFL 01/02-42
Policy Statement
HSA FCS strives to achieve safety, permanency and well-being for all
children in its care. PRUCOL (Permanently Residing in the U.S. Under Color
of Law) is a benefit eligibility category that can promote the continued well-
being of certain non-citizen children who are in foster care.
The Protective Services Worker must submit a G-845 form for every
child in Court dependency who is a non-US citizen, within 30 days of
the undocumented youth coming into care.
PRUCOL must be re-applied for each undocumented minor on an annual
basis. Without an annual PRUCOL application, the county cannot utilize
state funds to pay for foster care. [CFL 01/02-42] Consult with the Foster
Care eligibility worker for eligibility-related matters.
The intent of PRUCOL is for certain non-citizens to be identified as in the
United States “under color of law” for purposes of benefit eligibility. PRUCOL
is not an immigration status, and being deemed PRUCOL for benefits
purposes does not affect a person’s immigration status.
Background
• PRUCOL, by definition, refers to a person who is residing in the U.S.
under “color of law.” PRUCOL is a term defined by regulations and
court decisions to describe categories of noncitizens who are
potentially eligible for certain public benefits in California.
• PRUCOL is not a separate immigration classification. It does not
protect a youth from deportation if ICE chooses to pursue
deportation.
• In order to claim State funds for PRUCOL cases under State-only
Foster Care, counties must submit form G-845, Document
Verification Request, to U.S. Citizenship & Immigration Services
(USCIS). This should be done at the time of the initial eligibility
determination and applies to the person whose basis for PRUCOL is
“USCIS knows they are here and does not intend to deport them.”
• For a minor to be considered for PRUCOL, USCIS must be aware of
the child’s presence in the United States and USCIS must not be
actively seeking the removal/ deportation of the minor from the United
States.
Since PRUCOL determinations are provisional and must be re-
determined by USCIS on a yearly basis, the assigned PSW must initiate
the annual PRUCOL application.
APPENDIX I: MODEL CHILD WELFARE
PRUCOL POLICY
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APPENDIX I: MODEL CHILD WELFARE PRUCOL POLICY
1
Protective
Services
Worker
(PSW)
New PRUCOL Application
Once it is determined that a child may be undocumented, the PRUCOL
application should be completed as part of the foster care eligibility packet
within the first 30 days of determination.
The PSW completes one form for a new PRUCOL application: G-845, and
the Case Summary-Foster Care (attachment 2). The rest of the
information is completed by the Eligibility Worker.
For new cases, PRUCOL processing should begin when an attorney is
appointed for the minor and once the detention occurs (if applicable).
The PSW should always discuss potential PRUCOL eligibility with the child’s
attorney (if appointed).
• Secure necessary information from all available sources (minor,
relatives, school records, parents, etc.)
• Complete all questions on the form.
• If after checking all sources, the information is not known or is not
available, write that response in the appropriate box and note with an
asterisk.
• No sections can be left blank. A response of “Information
Unknown” or “Information Not Available” should be entered rather
than leaving the section blank.
• Forward the completed G-845 to the Foster Care Eligibility Worker
within 30 days of implementation.
The PSW should also explain to the child and family the purpose of PRUCOL
and inform the family that the federal government cannot use information
collected through the G-845 for immigration enforcement purposes (see
Relevant Law, below).
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2
Protective
Services Worker
(cont’d)
Yearly Re-Determination for PRUCOL
For existing cases, the assigned PSW should determine if the minor
continues to be eligible for benefits as PRUCOL. Prior to processing
PRUCOL documents, the PSW should always discuss the subject with the
child’s attorney (if any).
1. Complete the G-845S (Supplement); Attachment 2.
2. Forward to the Eligibility Worker who will send original to USCIS
• Initiate the application for one year re-determination when notified by
the Eligibility Worker
• This is a case summary and is available online. There are several
areas that need to be addressed as concisely as possible, that is:
medical problems; no likelihood of family reunification with either
parent; no one to return minor to in the country of origin; prospects for
adoption are slim; or minor will remain a dependent until the age of
majority. This summary must be provided or the request for
PRUCOL will not be processed.
• Make copies of the G-845S (supplement); attachment 2 and all
supporting documents and place in case file.
• Send the originals of the G-845S along with all supporting
documents, and a current Court Report to the Foster Care Eligibility
with the completed application packet.
• It should be noted that once this packet is approved by the Foster
Care Unit the funding for the case is shifted from “All County Funds”
to State Funding.
NOTE: If the PSW subsequently determines that the child is here legally and
has appropriate documentation, the PSW should immediately notify the F/C
Eligibility Worker who will take appropriate action.
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APPENDIX I: MODEL CHILD WELFARE PRUCOL POLICY
3
Relevant Law
When the Department of Homeland Security (DHS) receives a PRUCOL
verification form (G-845), it checks the SAVE database (Systematic Alien
Verification for Entitlements). SAVE is a verification system designed solely
for immigrants to receive social benefits. Its purpose is to aid benefit granting
agency workers in determining a non-citizen applicant’s immigration status,
and thereby ensure that only entitled non-citizen applicants receive federal,
state, or local public benefits and licenses. It is an information service for
benefit issuing agencies, institutions, licensing bureaus, and other entities.
The DHS is by law prohibited to use any SAVE information and related
information for removal proceedings based on civil immigration
violations. The information, however, can be used if there is a criminal
violation.
42 U.S.C. § 1320b-7(a)(4)(C) – (a)(5)(B)) specifically provides that, “[T]he
use of such information shall be targeted to those uses which are most likely
to be productive in identifying and preventing ineligibility and incorrect
payments…and adequate safeguards are in effect so as to assure that the
information exchanged by the State agencies is made available only to the
extent necessary to assist in the valid administrative needs of the program
receiving such information…(and) the information is adequately protected
against unauthorized disclosure for other purposes.” See also 42 USC
1320b-7 Note (“Such system shall not be used by the Immigration and
Naturalization Service for administrative (non-criminal) immigration
enforcement purposes and shall be implemented in a manner that provides
for verification of immigration status without regard to the sex, color, race,
religion, or nationality of the individual involved.”)
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ILRC | NCYL
APPENDIX I: MODEL CHILD WELFARE PRUCOL POLICY APPENDIX J: MODEL FORM FOR CONTACTING ICE
ICE Notification Form
COUNTY OF [COUNTY]
SOCIAL SERVICES AGENCY
CHILDREN AND FAMILY SERVICES
U.S. Immigration and Customs Enforcement (ICE)
Detained Parents Directive
Notification/Request for Services
ICE Detention Information Line 1-888-351-4024
Online Detainee Locator System (ODLS) https://www.ice.gov/locator
Field Points of Contact:
Los Angeles/Central Coast: Stephan.L.Hottya@ice.dhs.gov; (213) 830-5918
San Diego/Imperial County: Gabriela.B.Pacheco@ice.dhs.gov; (760) 768-6307
Northern California: April.Jacques@ice.dhs.gov; (415) 844-5542
Submit form electronically via [secure] email to: Parental.Interest[email protected].gov
Date:
Parent/Legal Guardian/Primary Caretaker Information
Name:
DOB:
A # (9-digit):
Country of birth:
Juvenile Court Information
DP/J #:
Next Court Hearing:
@ 8:30 AM
Hearing type:
Location: [Court Address]
The above-mentioned individual meets the criteria/definition under the ICE Detained Parents Directive 11064.2. This
notification/request for services is being submitted on behalf of the aforementioned individual for your consideration and
discretion of the following services, as they may apply:
Placement/Transfers: To refrain from making initial placement or transfers outside the area of initial apprehension if the person’s child, children,
or family court or child welfare proceedings are within the area; request to transfer detainee to location closer to court or that can facilitate parent/child
visits
Participation in Court Proceedings: Arrange for detained parents’ participation in court-proceedings, either in-person or by video or
teleconferencing
Parent-Child Visitation: Facilitate parent-child visitation required by the family court or child welfare authority
Accommodate Arrangements for Children Pending Removal of a Parent: Accommodate the arrangements of the parents/legal
guardians, who are imminently facing pending removal, for the care and/or travel of their children
Return for Termination of Parental Rights Proceedings per Welfare and Institutions Code 366.26: On a case-by-case
basis, facilitate the return of lawfully removed persons to the United States, by granting parole for the sole purpose of par ticipation in termination of
parental rights proceedings
Please contact the social worker below to discuss this notification/request.
Thank you in advance for your prompt response and collaboration.
Social Worker:
Supervisor:
Phone:
Phone:
Email: Email:
APPENDIX J: MODEL FORM FOR
CONTACTING ICE
ABOUT THE ILRC
The Immigrant Legal Resource Center (ILRC) is a national
nonprot that works with immigrants, community organizations,
legal professionals, and policymakers to build a democratic
society that values diversity and the rights of all people.
Through community education programs, legal training &
technical assistance, and policy development & advocacy,
the ILRC’s mission is to protect and defend the fundamental
rights of immigrant families and communities. www.ilrc.org
ABOUT NCYL
The National Youth Law Center leads high impact campaigns
that weave together litigation, research, public awareness, policy
development, and technical assistance. The Center’s goal is not
to reform one particular system, but to transform the multiple
public systems serving vulnerable children—including education,
child welfare, public health, behavioral health, juvenile justice,
and workforce development—such that they receive the
supports they need to advance and thrive. www.youthlaw.org