Immigration Issues Immigration Issues Impacting Child Welfare Impacting Child Welfare

and Child Traffickingand Child Trafficking Howard Davidson, J.D.Howard Davidson, J.D.

Director, ABA Center on Children and the LawDirector, ABA Center on Children and the LawAmerican Bar AssociationAmerican Bar Association

202/662-1740 202/662-1740 davidsonha@staff.abanet.orgdavidsonha@staff.abanet.org

CAPTA State Liaison Officer Webinar– June 25, 2010

Why Is This Important forWhy Is This Important forChild Welfare Agencies?Child Welfare Agencies?

Nearly 1 in 4 U.S. children live in immigrant familiesNearly 1 in 4 U.S. children live in immigrant families Children of immigrants represent 8.6% of all who Children of immigrants represent 8.6% of all who

come to the attention of the child welfare systemcome to the attention of the child welfare system But foreign-born children represent less than 3% of But foreign-born children represent less than 3% of

all who come to the child welfare system’s attentionall who come to the child welfare system’s attention Latino children are overrepresented among children Latino children are overrepresented among children

of immigrants with child welfare system of immigrants with child welfare system involvementinvolvement

One study of undocumented immigrants found, for 64% of Latinas, a primary barrier to seeking help from social service agencies, related to domestic violence, is fear of deportation

One study found children of Latino immigrants 6 One study found children of Latino immigrants 6 times as likely as children of Latino natives to be times as likely as children of Latino natives to be sexually abusedsexually abused

The Pew Hispanic Center estimates there The Pew Hispanic Center estimates there were 5.5 million children in the U.S. in were 5.5 million children in the U.S. in 2008 who had at least one unauthorized 2008 who had at least one unauthorized (undocumented) alien parent(undocumented) alien parent

1.5 million of those children were 1.5 million of those children were undocumented themselves; the other 4.0 undocumented themselves; the other 4.0 million children were born in the U.S. and million children were born in the U.S. and thus were American citizens who thus were American citizens who potentially face having a parent deportedpotentially face having a parent deported

They also report 8.8 million people living They also report 8.8 million people living in “mixed-status” families, including 3.8 in “mixed-status” families, including 3.8 million undocumented adults and .5 million undocumented adults and .5 million undocumented children, and 4.0 million undocumented children, and 4.0 million U.S. citizen childrenmillion U.S. citizen children

Some Federal Benefits Are Permitted for Some Federal Benefits Are Permitted for Otherwise Ineligible (Non-Qualified) AliensOtherwise Ineligible (Non-Qualified) Aliens

1996 1996 Personal Responsibility and Work Opportunity Personal Responsibility and Work Opportunity Reconciliation ActReconciliation Act makes undocumented persons makes undocumented persons ineligible for certain federal public benefits (e.g., IV-E) ineligible for certain federal public benefits (e.g., IV-E)

8 U.S. Code 8 U.S. Code §§1611(b)(1)(D)(iii): 1611(b)(1)(D)(iii): ExceptionException to to ineligibility: services “necessary” for protection of life ineligibility: services “necessary” for protection of life or safety (e.g., CPS services; foster care placement & or safety (e.g., CPS services; foster care placement & family preservation & reunification services) family preservation & reunification services)

Attorney General’s Order 2049, 61 FR 45985 (1996): Attorney General’s Order 2049, 61 FR 45985 (1996): SpecifiesSpecifies these “necessary services” to include-- these “necessary services” to include-- crisis counseling and intervention, services/assistance crisis counseling and intervention, services/assistance relating to child protection, violence and abuse relating to child protection, violence and abuse prevention, and short-term housing/shelter for prevention, and short-term housing/shelter for runaway, abused or abandoned children runaway, abused or abandoned children

Child Protective Services / Child Protective Services / Child Welfare System MandatesChild Welfare System Mandates

A child who is a legal permanent resident, refugee, asylee, or Cuban or Haitian entrant alien who has been battered or subjected to extreme cruelty, or was granted conditional entry -- is IV-E eligible

Even if immigrant children aren’t “IV-E Even if immigrant children aren’t “IV-E eligible” eligible” all statesall states provide fully state-funded provide fully state-funded foster care, & some foster care may be Title foster care, & some foster care may be Title XX (non means-tested) funded. There is no XX (non means-tested) funded. There is no bar to using Title IV-B services for children and bar to using Title IV-B services for children and families, since they don’t require individual families, since they don’t require individual eligibility determinationseligibility determinations

CAPTA mandates CPS protective services to CAPTA mandates CPS protective services to allall childrenchildren

Citizenship / Immigration Status Citizenship / Immigration Status Provision of P.L. 109-432Provision of P.L. 109-432

Tax Relief and Health Care Act of 2006Tax Relief and Health Care Act of 2006 Amends federal child welfare law to require Amends federal child welfare law to require

states, as part of their child welfare state states, as part of their child welfare state plans, that they have plans, that they have procedures for procedures for verifyingverifying citizenship or immigration status of citizenship or immigration status of every child in foster care, whether or not every child in foster care, whether or not child is receiving IV-E funding (law is silent on child is receiving IV-E funding (law is silent on actually verifying actually verifying eacheach child’s status child’s status or or simply on sharing informationsimply on sharing information on their state’s on their state’s verification proceduresverification procedures))

Law also requires HHS to determine through Law also requires HHS to determine through CFSR process whether the state has a CFSR process whether the state has a “program” that is in conformity with the “program” that is in conformity with the requirementrequirement

How Can CPS Agencies Do Better in How Can CPS Agencies Do Better in Identifying and Serving Child Trafficking Identifying and Serving Child Trafficking

Victims?Victims?

From 6/14/10 U.S. State Department From 6/14/10 U.S. State Department Annual Annual Trafficking in Persons ReportTrafficking in Persons Report (information in (information in the report on the U.S.A.):the report on the U.S.A.):

““Extensive programs…also assist (the Extensive programs…also assist (the trafficked child) population, as do trafficked child) population, as do child child protective servicesprotective services agencies in all states agencies in all states and territories…. It is not clear to what and territories…. It is not clear to what extent these programs extent these programs identify andidentify and assistassist child trafficking victims among the children child trafficking victims among the children they serve (but NGOs reported that) these…they serve (but NGOs reported that) these…agencies require agencies require trainingtraining to better identify to better identify and work with trafficking victims.” and work with trafficking victims.”

From From Shared Hope International’sShared Hope International’s Sex Trafficking Policy RecommendationsSex Trafficking Policy Recommendations

Four-Point Overhaul of Child Four-Point Overhaul of Child Protective Services RequiredProtective Services Required

1)1) [CPS] regulations & protocols are sorely [CPS] regulations & protocols are sorely outdated and ill equipped to respond to outdated and ill equipped to respond to the sex trafficking of America’s childrenthe sex trafficking of America’s children

2)2) Nonetheless, a majority of trafficked Nonetheless, a majority of trafficked children have had contact with CPS in children have had contact with CPS in some degree -- Many are current wards some degree -- Many are current wards of the state or were in foster care or of the state or were in foster care or group homes at the time of their group homes at the time of their recruitment and victimization through recruitment and victimization through pornography and prostitution pornography and prostitution 

3)3) CPS is underfunded and overstretched CPS is underfunded and overstretched and desperately needs the training and and desperately needs the training and resources to better protect their resources to better protect their clients clients 

4)4) Each state should review their [CPS] Each state should review their [CPS] statutes and regulations to ensure that statutes and regulations to ensure that specific protections for children specific protections for children who are sex trafficked are who are sex trafficked are includedincluded --  --  Florida’s example is a model of change Florida’s example is a model of change for other states to considerfor other states to consider

Florida DCF Procedures on Intake and Florida DCF Procedures on Intake and Investigative Response to Human Investigative Response to Human

Trafficking of ChildrenTrafficking of Children May 1, 2009 policy directive addresses how state May 1, 2009 policy directive addresses how state

hotline will handle child trafficking reports and hotline will handle child trafficking reports and CPS staff will handle suspected trafficking CPS staff will handle suspected trafficking situationssituations

Special law enforcement coordination & Special law enforcement coordination & multidisciplinary case staffingsmultidisciplinary case staffings

Describes process of getting “certification” for Describes process of getting “certification” for non-citizen child trafficking victims from non-citizen child trafficking victims from HHS/ORR, and appropriate services for this HHS/ORR, and appropriate services for this populationpopulation

Makes it clear that out-of-home care is available Makes it clear that out-of-home care is available for both citizen and non-citizen child victimsfor both citizen and non-citizen child victims

Says that aid will be given for safe repatriationSays that aid will be given for safe repatriation

Training on human trafficking issues has been provided to some representatives of Florida DCF through the DCF Protections of Child Victims of Human Trafficking Working Group, focused primarily on aiding foreign national victims of both labor and sex trafficking -- but some information about domestic minor sex trafficking is included

The DCF Working Group also created human trafficking training for Florida’s Abuse Hotline employees and for a mixed group of providers, including child protective investigators, community based care agencies, guardians ad litem, mental health professionals, child protection teams, child welfare services, child victim advocates, child welfare attorneys and refugee services providers

2008 Provisions in Amended Federal 2008 Provisions in Amended Federal Trafficking LawTrafficking Law

Public Law 110-457 (Public Law 110-457 (William Wilberforce William Wilberforce Trafficking Victims Protection Trafficking Victims Protection Reauthorization ActReauthorization Act of 2008 of 2008))

Section 212 authorizes, when there’s Section 212 authorizes, when there’s credible evidence a child may have been credible evidence a child may have been subjected to trafficking (and if child subjected to trafficking (and if child applies for T visa status), 120 days of applies for T visa status), 120 days of eligibility for interim assistance from eligibility for interim assistance from U.S. Dept. of Health and Human Services U.S. Dept. of Health and Human Services (and then long-term assistance while (and then long-term assistance while their T visa application is pending)their T visa application is pending)

Legal advocates are needed to help Legal advocates are needed to help child victims file T visa claimschild victims file T visa claims

CAPTA 2003 Sense of Congress Amendment

“It is the sense of Congress that the Secretary should encourage all States and public and private agencies or organizations that receive assistance under this title to ensure that children and families with limited English proficiency who participate in programs under this title are provided materials and services under such programs in an appropriate language other than English.”

Multi-Ethnic Placement Act of 1994Multi-Ethnic Placement Act of 1994

MEPA (PL 103-382, 42 U.S. Code MEPA (PL 103-382, 42 U.S. Code Section 622): A state or other Section 622): A state or other entity covered by MEPA-IEP may entity covered by MEPA-IEP may not delay or deny the placement not delay or deny the placement of a child for adoption of a child for adoption or into or into foster carefoster care on the basis of the on the basis of the race, color, or race, color, or national originnational origin of the adoptive of the adoptive or foster or foster parent, or the child involvedparent, or the child involved. . And foster parents must be And foster parents must be recruited that are recruited that are reflectivereflective of of a state’s a state’s ethnic diversityethnic diversity..

Special Immigrant Juvenile StatusSpecial Immigrant Juvenile Status

8 U.S. Code § 1101(a)(27)(J) Gives visa authority for an under 21

child’s permanent residency if: 1) Declared “dependent on” juvenile court 2) Placed by court in child welfare agency or individual adult custody or guardianship 3) Reunification with one or both parents is “not viable” due to abuse, neglect, or abandonment and 4) Return home is not in child’s best interests

Legal & judicial education on this is critical: See– Benchbook & SIJS materials at:www.ilrc.org/immigration_law/ www.ilrc.org/immigration_law/ remedies_for_immigrant_children_and_youtremedies_for_immigrant_children_and_youth.phph.php

SIJS Process Improvement Provisions in SIJS Process Improvement Provisions in 2008 Trafficking Law Amendments2008 Trafficking Law Amendments

Provides for expeditious adjudications Provides for expeditious adjudications of SIJS status (within 180 days of of SIJS status (within 180 days of filing)filing)

HHS Consent for Juvenile Court HHS Consent for Juvenile Court jurisdiction needed ONLY if child is in jurisdiction needed ONLY if child is in HHS/ORR custodyHHS/ORR custody

Eligibility for SIJS need not be Eligibility for SIJS need not be predicated upon a formal juvenile predicated upon a formal juvenile court court adjudicationadjudication of abuse, neglect, of abuse, neglect, or abandonment – but rather simply or abandonment – but rather simply upon a upon a findingfinding that parental that parental reunification would not be viable due reunification would not be viable due to the child’s maltreatment or to the child’s maltreatment or abandonmentabandonment

Immigrant Child Victim Protections in the Immigrant Child Victim Protections in the Violence Against Women ActViolence Against Women Act

VAWA (provisions in 8 U.S. Code VAWA (provisions in 8 U.S. Code Section 1154)– A non-citizen child Section 1154)– A non-citizen child (up to age 21) may (up to age 21) may “self-petition”“self-petition” for lawful permanent residency in for lawful permanent residency in U.S. if U.S. if “abused”“abused” by their U.S. citizen by their U.S. citizen or lawful permanent resident parent or lawful permanent resident parent (including an adoptive parent). (including an adoptive parent).

-- Or, a non-citizen -- Or, a non-citizen “protective” “protective” parentparent who is a victim of battering who is a victim of battering can petition on behalf of both can petition on behalf of both themselves themselves and their childrenand their children

Children’s Eligibility for “T” and “U” Children’s Eligibility for “T” and “U” Visas, and for “Asylum”Visas, and for “Asylum”

8 U.S Code Sections 1101(a)(15)(T) and (U) and 8 U.S Code Sections 1101(a)(15)(T) and (U) and Section 1158Section 1158

For victims who have been “trafficked” For victims who have been “trafficked” (cooperation with police is NOT a requirement (cooperation with police is NOT a requirement for T visas) either for sexual purposes or for for T visas) either for sexual purposes or for unlawful labor or services, or who have been unlawful labor or services, or who have been victims of serious crime who are cooperating victims of serious crime who are cooperating with police (U)with police (U)

See DOJ 1998 guidelines on child asylum claims:See DOJ 1998 guidelines on child asylum claims:

www.uscis.gov/graphics/lawsregs/handbook/ www.uscis.gov/graphics/lawsregs/handbook/ 10a_ChldrnGdlns.pdf10a_ChldrnGdlns.pdf

What Should Child Welfare Agencies, What Should Child Welfare Agencies, Through Law, Policy, and Training, be Through Law, Policy, and Training, be Doing to Address Immigration Issues?Doing to Address Immigration Issues?

Twelve child immigrant-sensitive measures Twelve child immigrant-sensitive measures thatthat

should be in should be in state child welfare law and policystate child welfare law and policy::

1.1. References to immigrant References to immigrant childrenchildren, including , including unaccompanied immigrant minorsunaccompanied immigrant minors

2.2. References to immigrant References to immigrant parentsparents, documented , documented and undocumentedand undocumented

3.3. References to children or families being in U.S. References to children or families being in U.S. under under refugee, asylum, or other protected refugee, asylum, or other protected immigration statusimmigration status

4.4. References to child/family’s immigration References to child/family’s immigration status status confidentiality/non-disclosureconfidentiality/non-disclosure

5.5. References to “Special Immigrant References to “Special Immigrant Juvenile Status” (Juvenile Status” (SIJSSIJS))

6.6. References to child and protective parent References to child and protective parent eligibility for special eligibility for special VAWA protectionsVAWA protections

7.7. References to agency having to make References to agency having to make contact with the child and family’s contact with the child and family’s national consulate, when a child is taken national consulate, when a child is taken into custody (into custody (Vienna ConventionVienna Convention))

8.8. References on notice to, and possible References on notice to, and possible foster care or kinship care placementfoster care or kinship care placement of of child with, relatives, documented child with, relatives, documented oror undocumented, in U.S. or elsewhereundocumented, in U.S. or elsewhere

9.9. References to child trafficking victims References to child trafficking victims or child victims of serious crimes (or child victims of serious crimes (T T and U visa issuesand U visa issues))

10.10. References to References to language & nationalitylanguage & nationality determinations and provision of determinations and provision of language-appropriate & culturally-language-appropriate & culturally-appropriate servicesappropriate services

11.11. References to process of checking on References to process of checking on safety and suitability of possible return safety and suitability of possible return of child (of child (repatriationrepatriation) to another ) to another country (i.e., out-of-country home country (i.e., out-of-country home studies)studies)

12.12. References relating to referral of References relating to referral of immigrant children and families to immigrant children and families to legal services programs or immigration legal services programs or immigration attorneysattorneys

Models for InterventionModels for Intervention

Delivering Culturally-Sensitive Delivering Culturally-Sensitive Placements and Services:Placements and Services: Unaccompanied Refugee Minor (URM) Unaccompanied Refugee Minor (URM) Program/U.S. HHS Office of Refugee Program/U.S. HHS Office of Refugee Resettlement; Available to refugee Resettlement; Available to refugee minors, those granted asylum, victims minors, those granted asylum, victims of trafficking, othersof trafficking, others

Not Treating ImmigrantNot Treating Immigrant Child “Victims” Child “Victims” as Offenders:as Offenders: U.S.-ratified Optional U.S.-ratified Optional Protocol to CRC on Sale of Children, Protocol to CRC on Sale of Children, Child Prostitution and Pornography, Child Prostitution and Pornography, Art. 8 / Trafficking Victims Protection Art. 8 / Trafficking Victims Protection Act, Section 107 & 2005 additional Act, Section 107 & 2005 additional language on use of special residential language on use of special residential facilities for child trafficking victimsfacilities for child trafficking victims

Providing Every Child an Advocate for Providing Every Child an Advocate for their Court Cases, ideally an Attorney: their Court Cases, ideally an Attorney: The The Child Abuse Prevention and Treatment Act Child Abuse Prevention and Treatment Act (CAPTA) requires states to provide a (CAPTA) requires states to provide a Guardian Ad Litem (GAL), Attorney, or Guardian Ad Litem (GAL), Attorney, or Court Appointed Special Advocate (CASA) Court Appointed Special Advocate (CASA) for for every childevery child involved in an abuse or involved in an abuse or neglect related juvenile court proceeding neglect related juvenile court proceeding (attorneys are appointed in all but 11-12 (attorneys are appointed in all but 11-12 states) states)

ABA Immigration Commission has issued ABA Immigration Commission has issued ABA-endorsed ABA-endorsed Standards for the Custody, Standards for the Custody, Placement and Care; Legal Placement and Care; Legal Representation; and Adjudication of Representation; and Adjudication of Unaccompanied Alien Children in the U.S. Unaccompanied Alien Children in the U.S. (2004)(2004)www.abanet.org/publicserv/immigration/ www.abanet.org/publicserv/immigration/ Immigrant_Childrens_Standards.pdfImmigrant_Childrens_Standards.pdf

From BRYCS (Bridging Refugee Youth & From BRYCS (Bridging Refugee Youth & Children’s Service) Clearinghouse…Children’s Service) Clearinghouse…

“Children should never have to represent themselves in legal cases, including immigration cases; they should have access to legal help. Child welfare agencies can play an important role in the long-term safety, stability, and self-sufficiency of such children by linking them with appropriate attorneys, in addition to providing targeted assessment and intervention.”

Serving Foreign-Born Foster Children: A Resource for Meeting the Special Needs of Refugee Youth and Children, Lutheran Immigration and Refugee Service & U.S. Conference of Catholic Bishops Migration and Refugee Services (2004)

Eight Suggested Principles for Law and Policy on Eight Suggested Principles for Law and Policy on Providing Child Welfare Services to Providing Child Welfare Services to

Undocumented Child ImmigrantsUndocumented Child Immigrants

1.1. Child immigrants victimized by abuse, Child immigrants victimized by abuse, neglect, or abandonment, or otherwise neglect, or abandonment, or otherwise fleeing violence in their families, should be fleeing violence in their families, should be served by child welfare agencies as served by child welfare agencies as a child a child protection caseprotection case, without constraints on , without constraints on agency/caseworkers providing all agency/caseworkers providing all services/referrals the child needs that should services/referrals the child needs that should be available to U.S. citizen childrenbe available to U.S. citizen children

2.2. State/county child welfare agencies should State/county child welfare agencies should be required to serve immigrant children & be required to serve immigrant children & families regardless of immigration status, and families regardless of immigration status, and accept prompt custody (including foster care accept prompt custody (including foster care if needed) of unaccompanied or separated if needed) of unaccompanied or separated children to assure child’s safety, children to assure child’s safety, permanency, and well-beingpermanency, and well-being

3.3. Child welfare agencies should provide Child welfare agencies should provide culturally-sensitive support and language-culturally-sensitive support and language-appropriate services to immigrant children appropriate services to immigrant children and families, using resources of grass roots and families, using resources of grass roots immigrant community resourcesimmigrant community resources

4.4. For unaccompanied/separated immigrant For unaccompanied/separated immigrant minors, child welfare agencies should minors, child welfare agencies should facilitate prompt inquiries/decisions on the facilitate prompt inquiries/decisions on the safety of repatriation, including -- after safety of repatriation, including -- after diligent family-finding efforts -- expeditious diligent family-finding efforts -- expeditious checks on the suitability of a child’s parents checks on the suitability of a child’s parents and relatives as placements for the child, and relatives as placements for the child, both within the U.S. and in other countriesboth within the U.S. and in other countries

5.5. If a state/county child welfare agency If a state/county child welfare agency decision is made to repatriate a child, decision is made to repatriate a child, that should only be done through close that should only be done through close coordination with child welfare coordination with child welfare authorities in the country of return, with authorities in the country of return, with special attention given to the child’s special attention given to the child’s safetysafety

6.6. Child welfare agency attorneys should, Child welfare agency attorneys should, where appropriate, promptly institute where appropriate, promptly institute legal actions (including juvenile court legal actions (including juvenile court proceedings that provide the predicate proceedings that provide the predicate for SIJS status or that find a child to be a for SIJS status or that find a child to be a victim of family violence or trafficking) victim of family violence or trafficking) that can help unaccompanied or that can help unaccompanied or separated children remain in-country, separated children remain in-country, when appropriate for their safety, when appropriate for their safety, permanency, and well-beingpermanency, and well-being

7.7. Child welfare agencies should not Child welfare agencies should not institute termination of parental rights institute termination of parental rights (TPR) proceedings against deported or (TPR) proceedings against deported or immigration-detained parents without immigration-detained parents without giving them full opportunity to be giving them full opportunity to be present and participate actively, through present and participate actively, through competent counsel, in such proceedings, competent counsel, in such proceedings, and deportation/detention should not and deportation/detention should not itself be used as a basis for TPRitself be used as a basis for TPR

8.8. Child welfare agencies should promptly Child welfare agencies should promptly follow the consular notice requirements follow the consular notice requirements of the Vienna Convention on Consular of the Vienna Convention on Consular Relations as soon as it takes a foreign Relations as soon as it takes a foreign national child into child protective national child into child protective custody or institutes a state court action custody or institutes a state court action that could affect parental rights, but that could affect parental rights, but consult with counsel if doing so could consult with counsel if doing so could subject the child or family to dangersubject the child or family to danger

State/Local Laws and Policies State/Local Laws and Policies Addressing Immigrant ChildrenAddressing Immigrant Children

Florida Law, Section 39.5075 and .013 Florida Law, Section 39.5075 and .013 (2005)(2005) Recognizes SIJS process in Recognizes SIJS process in “dependency” cases (and keeping court “dependency” cases (and keeping court jurisdiction post-18 for completing it); jurisdiction post-18 for completing it); need for child welfare agency to report need for child welfare agency to report to court on child’s immigration status to court on child’s immigration status and steps to address it; services “must and steps to address it; services “must be provided” without regard to be provided” without regard to immigration status unless otherwise immigration status unless otherwise statutorily prohibited; agency case plan statutorily prohibited; agency case plan must recommend whether permanency must recommend whether permanency plan will include child remaining in U.S.plan will include child remaining in U.S.

If case plan says child should remain in U.S., If case plan says child should remain in U.S., agency is required by law to evaluate whether agency is required by law to evaluate whether child is eligible for SIJS and if so it “shall child is eligible for SIJS and if so it “shall petition the court” (within 60 days) for the petition the court” (within 60 days) for the findings and order required, with the child’s findings and order required, with the child’s views heardviews heard

Florida child welfare policy: 65C-9.001-003Florida child welfare policy: 65C-9.001-003 Illinois Law Chapter 705, Section 405/2-4a Illinois Law Chapter 705, Section 405/2-4a

(2003) (2003) recognizes SIJS procedures recognizes SIJS procedures Illinois DCFS Illinois DCFS has MOU with Mexican Consulate has MOU with Mexican Consulate

on notification/access issues (and Policy Guide)on notification/access issues (and Policy Guide)

www.f2f.ca.gov/res/pdf/ www.f2f.ca.gov/res/pdf/ IllinoisMOUMexicanConsulate.pdf IllinoisMOUMexicanConsulate.pdf

www.state.il.us/DCFS/docs/PG200402.pdfwww.state.il.us/DCFS/docs/PG200402.pdf

New York City implementation of Local Law 73New York City implementation of Local Law 73 on on access to services to non-English speaking persons access to services to non-English speaking persons by NYC Administration for Children’s Servicesby NYC Administration for Children’s Services ““Immigration and Language Guidelines for Child Immigration and Language Guidelines for Child

Welfare Staff”Welfare Staff” addressing immigration status addressing immigration status issues in CPS investigations and foster care issues in CPS investigations and foster care placements, working with immigrant clients, & placements, working with immigrant clients, & language issues language issues www.nyc.gov/html/acs/downloads/pdf/ www.nyc.gov/html/acs/downloads/pdf/ immigration_language_guide.pdfimmigration_language_guide.pdf

““Language Identification Card”Language Identification Card” to help determine to help determine family’s primary language/provide language-family’s primary language/provide language-specific services (ACS clients speak 35-plus specific services (ACS clients speak 35-plus languages)languages)

NY State OCFS 2008 guidance to county child welfare NY State OCFS 2008 guidance to county child welfare agencies on SIJS --agencies on SIJS --www.f2f.ca.gov/res/pdf/www.f2f.ca.gov/res/pdf/Special_Immigrant_Juvenile_Status.pdfSpecial_Immigrant_Juvenile_Status.pdf

Texas Department of Family & Protective Texas Department of Family & Protective Services CPS Policy 6580– Services CPS Policy 6580– addresses notifying addresses notifying foreign consulate requirement (under Art. 37(b) foreign consulate requirement (under Art. 37(b) of Vienna Convention on Consular Relations) of Vienna Convention on Consular Relations) when child taken into care, getting home studies when child taken into care, getting home studies in foreign countries, repatriation/stay in U.S. in foreign countries, repatriation/stay in U.S. decision, repatriation requirements, verifying decision, repatriation requirements, verifying immigration status of foster kids, agency immigration status of foster kids, agency citizenship & immigration status verification citizenship & immigration status verification process, SIJS process, agency transportation of process, SIJS process, agency transportation of undocumented children/parents, and forms & undocumented children/parents, and forms & checklistschecklists

Oklahoma Department of Human Services has Oklahoma Department of Human Services has similar requirement re. Consular notification similar requirement re. Consular notification (Instructions to Staff 340:75-1-31)(Instructions to Staff 340:75-1-31)

California County Child Welfare Agency California County Child Welfare Agency work with work with immigrant families (from 2008 CWLA immigrant families (from 2008 CWLA publication): publication): www.cwla.org/voice/0809immigrantfamilies.htmwww.cwla.org/voice/0809immigrantfamilies.htm

Connecticut Department of Children and Families Connecticut Department of Children and Families Policy 31-8-13 (12/05) Policy 31-8-13 (12/05) : Clearly states that agency : Clearly states that agency services are available regardless of immigration services are available regardless of immigration status, including “family preservation efforts to status, including “family preservation efforts to avoid family members being separated through avoid family members being separated through incarceration due to violation of immigration status incarceration due to violation of immigration status of deportation procedures” and that CPS shall of deportation procedures” and that CPS shall serve children who don’t have documentation serve children who don’t have documentation papers. Identification of undocumented persons papers. Identification of undocumented persons “shall not result in” reporting to DHS. Says that “shall not result in” reporting to DHS. Says that workers should aid children in their care to get workers should aid children in their care to get Green Cards.Green Cards.

Minnesota Department of Human Services Minnesota Department of Human Services 5/14/10 5/14/10 bulletin to county child welfare agencies, CPS staff, bulletin to county child welfare agencies, CPS staff, lawyers, etc. on SIJS status:lawyers, etc. on SIJS status:www.dhs.state.mn.us/main/groups/publications/ www.dhs.state.mn.us/main/groups/publications/ documents/pub/dhs16_149979.pdfdocuments/pub/dhs16_149979.pdf

Utah Division of Child and Family Services Out-Utah Division of Child and Family Services Out-of-Home Care Practice Guidelines 303.10 (rev. of-Home Care Practice Guidelines 303.10 (rev. 6/06) 6/06) : agency “will seek to meet” and support : agency “will seek to meet” and support the health care needs of kids in state custody the health care needs of kids in state custody regardless of immigration “status”regardless of immigration “status”

New Mexico Child, Youth and Family New Mexico Child, Youth and Family Department Department is sponsor of best practices guide: is sponsor of best practices guide: ““Working With Undocumented & Mixed Status Immigrant Children & Families http://ipl.unm.edu/childlaw/docs/BEST-PRACTICES/0709-WorkingWithUndocumentedAndMixedStatusImmigrantChildrenAndFamilies.pdf

Vetoed in California in 2004 by Governor: Vetoed in California in 2004 by Governor: AB1895 AB1895 would have required appointment of would have required appointment of immigration attorney for every dependent immigration attorney for every dependent child or ward of the court not a lawful child or ward of the court not a lawful permanent resident or U.S. citizen. Attorney permanent resident or U.S. citizen. Attorney would have to help child secure SIJS status.would have to help child secure SIJS status.

10 Elements of Judicial Advocacy 10 Elements of Judicial Advocacy for Child Welfare Agency Assistance for Child Welfare Agency Assistance

if a Parent is in Immigration Detentionif a Parent is in Immigration Detention

1)1) Judges should encourage child welfare Judges should encourage child welfare agencies to have protections for agencies to have protections for immigration enforcement-separated U.S. immigration enforcement-separated U.S. citizen & permanent resident children put citizen & permanent resident children put into written policies and practicesinto written policies and practices

2)2) Judges should advocate for these to be Judges should advocate for these to be family-focused and based on best interests family-focused and based on best interests of the child principlesof the child principles

3)3) Judges should encourage MOUs/Protocols Judges should encourage MOUs/Protocols between the child welfare agency, ORR, and between the child welfare agency, ORR, and other agencies/services & that include other agencies/services & that include training of police to minimize child trauma training of police to minimize child trauma as a result of a parent’s immigration as a result of a parent’s immigration apprehensionapprehension

4)4) Judges should encourage the child Judges should encourage the child welfare agency to have capacity to welfare agency to have capacity to communicate in a child’s and family communicate in a child’s and family members’ native language & to provide members’ native language & to provide interpreter services where neededinterpreter services where needed

5)5) Judges hearing cases involving Judges hearing cases involving immigration-detained parent(s) should immigration-detained parent(s) should never base decisions upon never base decisions upon predictions/conclusions of the parent’s predictions/conclusions of the parent’s immigration case outcomeimmigration case outcome

6)6) Judges should help assure that, if a Judges should help assure that, if a child wants to accompany their parent child wants to accompany their parent to country of origin, there is to country of origin, there is coordination with DHS and aid in the coordination with DHS and aid in the child first obtaining necessary travel child first obtaining necessary travel documents, health & school recordsdocuments, health & school records

7)7) Judges should help assure that Judges should help assure that confidentiality of information gathered in confidentiality of information gathered in the course of providing services to the the course of providing services to the separated child is maintainedseparated child is maintained

8)8) Judges should encourage the child welfare Judges should encourage the child welfare agency to maintain a list of programs agency to maintain a list of programs qualified to provide linguistically qualified to provide linguistically appropriate services to the separated appropriate services to the separated child, including identifying appropriate child, including identifying appropriate lawyers/guardians ad litemlawyers/guardians ad litem

9)9) Judges should assure that child welfare Judges should assure that child welfare agency case plans are regularly updated agency case plans are regularly updated with parents’ and other relatives’ with parents’ and other relatives’ locationslocations

10)10) Judges and their child welfare agency Judges and their child welfare agency should work with DHS to provide for should work with DHS to provide for parents’ presence at dependency/custody parents’ presence at dependency/custody court hearingscourt hearings

HELP for Separated Children ActHELP for Separated Children Act

HR 3531HR 3531 / / S3522S3522 Screening parents/guardians by child welfare Screening parents/guardians by child welfare

agencies/NGOsagencies/NGOs Timely notification of schools, child welfare Timely notification of schools, child welfare

agencies, and NGOs regarding enforcement agencies, and NGOs regarding enforcement actions actions

Access to free, confidential phone calls for Access to free, confidential phone calls for parents/guardians to make care arrangementsparents/guardians to make care arrangements

Collaboration between ICE and child welfare Collaboration between ICE and child welfare agencies to ensure parents have regular agencies to ensure parents have regular contact with children & can meaningfully contact with children & can meaningfully participate in family court proceedingsparticipate in family court proceedings

Consideration of the best interest of children in Consideration of the best interest of children in all decisions regarding the detention, release, all decisions regarding the detention, release, and transfer of a parent or guardianand transfer of a parent or guardian

Materials on Immigrant Children Materials on Immigrant Children in the Child Welfare Systemin the Child Welfare System

The Impact of Immigration Enforcement on The Impact of Immigration Enforcement on Child WelfareChild Welfare

www.firstfocus.net/sites/default/files/ www.firstfocus.net/sites/default/files/ CaughtBetweenSystems.pdfCaughtBetweenSystems.pdf

Immigrant Families: Public Benefits & Child Immigrant Families: Public Benefits & Child Welfare FinancingWelfare Financing

www.firstfocus.net/sites/default/files/ www.firstfocus.net/sites/default/files/ PublicBenefits_0.pdfPublicBenefits_0.pdf

Language, Culture, & Immigration Relief OptionsLanguage, Culture, & Immigration Relief Options

www.firstfocus.net/sites/default/files/r.2010-www.firstfocus.net/sites/default/files/r.2010-5.20.lincroft.pdf5.20.lincroft.pdf

Want to be more Want to be more involved with these involved with these

issues?issues?

Join the interdisciplinary Join the interdisciplinary

www.americanhumane.org/protecting-www.americanhumane.org/protecting-children/programs/child-welfare-migrationchildren/programs/child-welfare-migration

Lots of material available there on the child Lots of material available there on the child welfare agency-immigration issue link, welfare agency-immigration issue link, including:including: A Social Worker’s Toolkit for Working with A Social Worker’s Toolkit for Working with

Immigrant FamiliesImmigrant Families Wellbeing and Immigrant Families: The

Intersection of Migration and Child Welfare