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PCCYFS 2012 Annual Spring Conference Crossing Borders: Immigration Issues In The Child Welfare System Presented By: Benjamin Drinen, Esq.

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Presentation on theme: "PCCYFS 2012 Annual Spring Conference Crossing Borders: Immigration Issues In The Child Welfare System Presented By: Benjamin Drinen, Esq."— Presentation transcript:

1 PCCYFS 2012 Annual Spring Conference Crossing Borders: Immigration Issues In The Child Welfare System Presented By: Benjamin Drinen, Esq.

2 PCCYFS 2012 Annual Spring Conference 2 Deportation Numbers 2011 – 400,000 Immigrants Deported January 1, 2011-June 1, 2011 – 46,000 Parents Of Citizen Children Deported

3 PCCYFS 2012 Annual Spring Conference 3 Impact On Child Welfare System 1 in 5 American children have at least one immigrant parent Over 90% of these children are U.S. citizens 10% of children involved with the child welfare system have one immigrant parent Higher rates of congregate care placement and APPLA

4 PCCYFS 2012 Annual Spring Conference 4 Obstacles Fear of authorities Language Cultural Differences Limited services, benefits Legal Standards Casework across borders

5 PCCYFS 2012 Annual Spring Conference 5 Fear of Authority Deportation Build Trust Back-up Plans Child - Centered

6 PCCYFS 2012 Annual Spring Conference 6 Language - Interviews Picking translators Non-verbal cues Addressing fear Confidentiality

7 PCCYFS 2012 Annual Spring Conference 7 Language - Putting it in Writing Difficulty Of Identification Translating Documents –Federally Mandated Literacy

8 PCCYFS 2012 Annual Spring Conference 8 Language – Court Translation AOPC Translators Before, After, During Accuracy

9 PCCYFS 2012 Annual Spring Conference 9 Cultural Issues Educational values Discipline Parent-Child roles Child care Health care

10 PCCYFS 2012 Annual Spring Conference 10 Limited Supports and Benefits See Handout 1 Check reporting requirements before referring

11 PCCYFS 2012 Annual Spring Conference 11 Conflicting Standards Dependency Court – Best Interests Controls Immigration Court – Best Interests Irrelevant

12 PCCYFS 2012 Annual Spring Conference 12 Unaccompanied Teens Trauma – Past And Present Trafficking Trust

13 PCCYFS 2012 Annual Spring Conference 13 Preparing the Placement Diet Religion Language Rules

14 PCCYFS 2012 Annual Spring Conference 14 Casework Across Borders Contacting consulates Contacting agencies Assessing safety Overcoming bias Child’s wishes

15 PCCYFS 2012 Annual Spring Conference 15 International Searches Foreign Consulates in the U.S. U.S. Embassies Abroad Local Networks Internet Searches

16 PCCYFS 2012 Annual Spring Conference 16 Using Technology Investigation Testimony Visitation

17 PCCYFS 2012 Annual Spring Conference 17 Confidentiality Vienna Convention of Consular Relations Dual Citizenship Due Process

18 PCCYFS 2012 Annual Spring Conference 18 Improving the System Build local networks Improve practices Learn from others

19 PCCYFS 2012 Annual Spring Conference 19 Permanency Planning 1) Read Case Scenario – Handout 4 2)Discuss Questions

20 PCCYFS 2012 Annual Spring Conference 20 Maria’s Story

21 PCCYFS 2012 Annual Spring Conference 21 Paths to Legal Residency SIJS – Dependency VAWA – Domestic Violence T Visa - Trafficking U Visa – Crime Victims Asylum – Torture

22 PCCYFS 2012 Annual Spring Conference 22 How Child Welfare Professionals Can Help With Residency Lawyer Referral Information Sharing SIJS Findings

23 PCCYFS 2012 Annual Spring Conference 23 Citizenship and Adoption Adoption can be a path to citizenship if: 1)Adoption is finalized before age 16 2)Child in adoptive parent’s care for 2 years before age 18 3)Adoptive parent is citizen 4) Child becomes legal resident

24 PCCYFS 2012 Annual Spring Conference 24 For Further Information: Benjamin Drinen, Esq. Diakon/FDR


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