9 CAR § 40-1201. Services to children of immigrant families

(a)(1) There will be special situations when the Division of Children and Family Services will be required to respond to child welfare related emergencies that occur in the immigrant community. (2) The division may provide needed services to families in the community, including information and referrals, prevention, in-home, and permanency services to children (birth to seventeen (17) years of age). (3) Any children at immediate risk of harm or apparently in need of protection will receive division services, regardless of the immigration status of the child or their parents. (b)(1) The division staff members are not required to verify any client’s citizenship or immigration status. (2) If a division staff member has any reason to suspect that a client is in the United States illegally, the staff member will ask the client to verify their citizenship or immigration status. (3) The division staff member will accept the client’s documentation or verbal response at face value without further questioning and will document all information provided (documents or verbal statements) regarding the client’s citizenship and immigration status in the division information management system. (c)(1) If it is believed that a client child is an undocumented immigrant, the case will be reviewed by the division Social Service Specialist, Social Service County Manager, and Social Service Area Manager. (2) If they believe that the child is an undocumented immigrant, they will refer the case to the Special Assistant to the Director of the Division of Children and Family Services. (3) The Special Assistant to the director will discuss the case with the attorney designated to handle Special Immigrant Juvenile Status (SIJS) cases to determine if the case is appropriate for SIJS. (4) If the case is appropriate, the Office of Chief Counsel attorney will prepare and submit the SIJS application to the appropriate agency.