Library: Policy

340:75-1-31. Citizenship and immigration status

Issued 7-1-13

(a) All investigative, family-based safety, and reunification services may be provided without regard to the immigration status of the child or parent, per Section 1611 of Volume 8 of the the United States Code (8 U.S.C. § 1611).

(b) Federal funding restrictions and other legal requirements require determination of citizenship or immigration status of each child in out-of-home care. Federal foster care reimbursement and adoption assistance payments are only paid on behalf of qualified aliens and United States (U.S.) citizens. Qualified aliens include, but are not limited to:

(1) all permanent U.S. residents;
(2) persons with a green card; and
(3) refugees and persons granted asylum.

(c) Per 8 U.S.C. § 1641,undocumented persons are not eligible for medical assistance except in emergency medical situations regardless of custody status. [OAC 340:75-13-80]

(d) When a child is determined a foreign national, Oklahoma Department of Human Services is required by Article 37(b) of the Vienna Convention on Consular Relations to notify the appropriate foreign consul. • 1

INSTRUCTIONS TO STAFF 340:75-1-31

Revised 7-1-13

1.Notification to foreign consul.

(1) The child welfare (CW) specialist determines the child's nationality through documentation such as a birth certificate, passport, or other national identity record.Any child who is not a United States citizen is considered a foreign national regardless of immigration status such as a lawful permanent resident, qualified alien, or undocumented person.

(2) When the CW specialist determines the child is a foreign national, the CW specialist immediately completes Form 04MP016E, Notice to Foreign Consul of Child Welfare Proceedings, and:

(A) mails the form, by certified mail, return receipt requested, or faxes it to the appropriate embassy or consulate.The address or fax number for the embassy or consulate is found at http://www.usembassy.gov/; and

(B) files a copy of completed Form 04MP016E and proof of receipt of service in the CW paper case record and court file.