mChapter 5 : Section 39
Special Immigrant Juvenile Status
Policy
The Department will gather sufficient information to make an informed decision in matters concerning citizenship status for children who are undocumented. Referring a child for Special Immigrant Juvenile Status (SIJS) should only occur when it has been determined that reunification or repatriation is not in the child’s best interests, the child is eligible, and a change in the child’s legal status is necessary to finalize the child’s permanency plan of adoption, permanent guardianship, or Another Planned Permanent Living Arrangement (APPLA).
Procedures
Considering SIJS
All children who come to the attention of DCS, including those who are undocumented are to be served dignity and respect.
In some situations, returning an undocumented child to their parents or country of origin may not be possible or may be contrary to the child’s best interests. In these cases, Special Immigrant Juvenile Status (SIJS) is one option to consider for an undocumented child to assist in achieving permanency.
There are several requirements that must be carefully reviewed and considered prior to initiating SIJS for a child. To assist in determining if a child should be referred to SIJS, the DCS Specialist in consultation with the supervisor should complete the Special Immigrant Juvenile Status Worksheet, DCS-1290A. If it has been determined the child should be referred to SIJS send the completed Special Immigrant Juvenile Status Worksheet, DCS-1290A to PolicyUnit@azdcs.gov. Upon receipt, a Central Office staff member will be assigned to guide the DCS Specialist with the other details associated with SIJS.
If the child is officially identified as having refugee status or is in the custody of Immigrations and Customs Enforcement (ICE), discuss next steps with your supervisor.
Documentation
Verify the determination to refer the child to SIJS using the Special Immigrant Juvenile Status Worksheet, DCS-1290A. Keep a copy of the form in the case file.
Document collateral contacts in Notes.
Legal
Under the Special Immigrant Juvenile Status (SIJS) law, an undocumented child who is under the jurisdiction of a juvenile court and who will not be returned to his or her parent(s) due to abuse, neglect or abandonment may become a lawful permanent resident. “Special Immigrant Juvenile Status” is defined in INS §101(a)(27)(J), 8 U.S.C. §1101 (a)(27)(J).
