Chapter 2 : Section 11.4

Investigations Involving Immigrant Children

Policy

In responding to a report concerning a foreign national child, including a child who is believed to be undocumented, in addition to the taking the actions described in Initial Contact and Conducting Interviews, the Department shall communicate with the applicable Consulate to obtain information to assist in:

verifying the child’s nationality;
identifying and locating the child’s parent(s);
identifying and assessing placement options for the child (if applicable); and
identifying resources for the child and the family that would assist in safely maintaining the child in the home.

When consulting with the Attorney General’s Office to file an out-of-home dependency petition concerning a child believed to be a foreign national child, including a child who is believed to be undocumented, the DCS Specialist shall provide information to assist with notification to the appropriate Consulate.

When an out-of-home dependency petition is filed, there is a duty to notify the applicable consular post if a child is:

a lawful permanent resident (holder of a green card);
a visitor on a temporary visa; or
an undocumented person.

For consular notification purposes, a child reported to be born in a foreign country may be assumed to be a foreign national.

This policy does not apply to those considered to be United States citizens in the following situations:

children who are born in the United States;
children who have one parent who is undocumented and another parent who is a United States citizen; or
an abandoned child who is under age five.

Procedures

In responding to reports of a foreign national child, including a child who is believed to be an undocumented child, as part of the assessment of child safety, the DCS Specialist will communicate with the applicable Consulate, including providing identifying information concerning the family, for the purposes of:

verifying the child’s nationality;
identifying and locating the child’s parent(s);
identifying and assessing placement options for the child (if applicable); and
identifying resources for the child and the family that would assist in safely maintaining the child in the home.

Any information regarding the family that is received from the consular official should be considered in assessing the child’s safety.

In situations where a dependency petition is filed for a child who is reasonably believed to be undocumented the DCS Specialist shall make diligent efforts to verify the child’s status. Actions taken include, but are not limited to:

requesting information from the child, if possible, and any available source to determine date and location of the child’s birth;
obtaining identifying information about the child’s parents/legal guardians;
contacting the applicable Consulate for the geographical area where the child was taken into temporary custody to assist in verifying the child’s and parents’ nationality; and
following procedure for obtaining birth certificates outlined in DCS 02-43 Vital Records Requests.

Provide the following information to the Attorney General’s office if filing an out-of-home dependency petition:

name of the child;
date and location of the child’s birth, if known;
mother’s full maiden name,
father’s name;
names of guardians or custodians;
name, address and phone numbers of the assigned DCS Specialist and DCS Program Supervisor;
date the child was taken into DCS custody; and
information obtained during any previous contact with the applicable Consulate.

Collaboration with the Mexican Consulate

After a dependency petition is filed on an undocumented child, collaboration shall occur with the applicable Consul after the Consul has responded to official notification by the Attorney General’s Office. Collaboration activities include inviting the Consul to court, FCRB proceedings, and case planning meetings.

The DCS Specialist is to cooperate with requests by the applicable Consulate to interview, visit and otherwise communicate with children in DCS custody who are Nationals of their respective country. Before the visit or interview is arranged, the DCS Specialist will contact the child’s court-appointed attorney or guardian ad litem regarding the request by the applicable Consulate to interview, visit or communicate with the child. Visits and access by the applicable Consulate should be consistent with the best interests of the child, or as ordered by the Court.

The DCS Specialist should request from the Consulate:

Assistance with obtaining official copies of birth certificates that are certified for authenticity; and
Names of appropriate agencies within the country that can assist in:
- identifying relatives or other placement options, and
- conducting necessary background checks and home studies.

Documentation

In Guardian, document:

Efforts to obtain information regarding the child’s nationality and family history, and
Responses or questions of the applicable Consulate and any information provided to them.

Any consultation with the Attorney General's Office shall be documented in Notes titled as AG Contact.