9 CAR § 40-1202. The Division of Children and Family Services response to children of actual or suspected undocumented immigrants

(a) Maltreatment reports. The Division of Children and Family Services will accept a maltreatment report regarding a suspected undocumented immigrant. (b) In-home services. (1) The division will open a case as appropriate and ask for documentation of the parent and child’s birth. (2) The funding source for services to undocumented immigrants will be state general revenue. (3) Staff will contact their Social Service Area Manager to receive approval from the division Administrative Services prior to any purchase of services for suspected undocumented immigrants. (4) Contact the Division of County Operations and request any available information regarding the identity and citizenship or immigration status of the family members. (5)(A) If any family members involved in the case are in the United States illegally, the division staff will report them through the Social Service County Manager and Social Service Area Manager. (B) The Social Service Area Manager will discuss the case with the Office of Chief Counsel attorney designated to handle such cases. (C) The division staff member will make every reasonable effort to keep the family together. (c) Prevention services. (1)(A) Will be available to undocumented immigrants. (B) Ask the client to verify their citizenship or immigration status and accept their documents or verbal statement without further questioning. (C) If any family member involved in the case is in the United States illegally, report them through the Social Service County Manager and Social Service Area Manager. (D) The Social Service Area Manager will discuss the case with the Office of Chief Counsel attorney designated to handle such cases. (2) All requests for exception must go up through the supervisory chain and be referred to the Director of the Division of Children and Family Services for the same processing as a request for alternative compliance. (d) Permanency services. (1) Document citizenship status in the division information management system. (2) Address the issue of resolving alien status in the family case plan. (3) Judicial proceedings. If the parent of the child experiencing foster care is deported and it is not in best interest of the child to be returned to the parent and parent’s country, the division may request special immigrant juvenile status (SIJS) if the child is an undocumented immigrant. (4) Hold a staffing to determine if reunification is in the child’s best interest or if the child’s goal should be: (A) Another planned permanent living arrangement (APPLA); (B) Adoption; or (C) Guardian. (5)(A) If the child’s goal is APPLA, adoption, or guardianship, SIJS must be applied for if the child in care is an undocumented immigrant. (B) Contact the Social Service Area Manager for assistance in completing the application for special immigrant juvenile status. (6) Immigrant status must be verified for Chafee services. (e) Adoption. (1) A child whose immigration status is in question may be eligible for a state adoption subsidy. (2) If the child is granted SIJS the child will be Medicaid eligible and may be Title IV-E eligible. (f) FINS. Verify immigrant status on FINS cases when working with immigrant population.