PRESENTATION BY: Yali Lincroft, MBA, Policy Consultant, First Focus & Program Officer, Walter S. Johnson Foundation Howard Davidson, JD, Director, American Bar Association Center on Children and the Law.
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Yali Lincroft, MBA, Policy Consultant, First Focus & Program Officer, Walter S. Johnson Foundation
Howard Davidson, JD, Director, American Bar Association Center on Children and the Law
First Focus/First Focus Campaign for Children is a bipartisan advocacy organization dedicated to making children and families a priority in federal policy and budget decisions. www.firstfocus.net
Primary sponsor for California SB 1064 (de Leon), New York S4185 (Parker) and federal HR6128 (Roybal-Allard). Co-author of “Children’s Principles for Immigration Reform” (signed by over 200 organizations) and assisted in development of recent ICE parental directive memo.
Child welfare agency policies, training ppt, research articles, and social worker toolkits. For more information, go to http://www.mcwnn.uic.edu
In June, Senate passed S744 with bipartisan support and support of the White House:
Require child welfare agencies adopt policies to promote reunification when possible.
UAC Report from Women’s Refugee Commission, “Forced from Home”
See MCWNN website with page focused on parental directive
ABC News, Sept 2, 2013
Will hold parents in detention facilities “as close as practicable” to where children are living & where court proceedings are (and won’t transfer parents away)
“Foster and adoptive parents are not recipients of Federal foster care and adoption assistance payments; rather, foster care and adoption assistance payments are made on the child's behalf to meet his or her needs” and “Foster care and adoptive home licenses/approvals are not considered a Federal, State or local public benefit” ACYF-CB-PIQ-99-01 (1/14/99)– and note that Title IV-E, Sec. 471 (19) mandates preference of relatives over non-relatives in child placements
Connecticut Department of Children and Families Policy 31-8-13 (12/05):
Services shall be available regardless of immigration status, including “family preservation efforts to avoid family members being separated through incarceration due to violation of immigration status or deportation procedures”
-- In the Interest of E.N.C. et al. (Supreme Court of Texas, 384 S.W.3d 796, October 12, 2012)
When an undocumented immigrant child is taken into federal custody by the U.S. Department of Health & Human Services Office of Refugee Resettlement, a state court that was earlier hearing an abuse/neglect allegation involving that child does not lose its jurisdiction to make requisite findings for her to be eligible for Special Immigrant Juvenile Status. Also, by having that state court case stay open, she will have the benefit of appointed legal counsel.
-- In re Y.M. (California Court of Appeals, Fourth District, 144 Cal.Rptr.3d 54, 207 Cal. App.4th 892, July 13, 2012)
Dependency court proceeding can’t consider, in cases involving non-maltreating fathers who reside outside U.S., that child in state foster care “may enjoy a higher standard of living” here compared to where father resides, and it can’t be a factor in decisions to terminate father’s parental rights.
-- In re Doe (Supreme Court of Idaho, 281 P.3d 95, June 20, 2012)
-- In Re. Dependency of M.R. (Wash. Court of Appeals, Div. 1, 270 P.3d 607, February 16, 2012)
Child welfare agencies must be diligent in providing timely notice of having gained custody of a child, in a way clearly understood to a non-custodial father who does not speak English. The same should be true for case plans that specify the father’s involvement with his child. As soon as a state court begins to hear an abuse/neglect case related to his child, the court should appoint legal counsel for him.
-- In Re. P.S.S.C. and P.D.S.C(Appeal of R.S.A., Father), (Superior Court of Pennsylvania, 32 A.3d 1281, Nov. 29, 2011)
Out of country father must be provided with adequate notice and opportunity to participate in state court dependency cases, such as through at least telephone participation, interpreter services, and assignment of legal counsel. Agency must also do a prompt notification that the parent’s child has been taken into custody to the parent’s foreign consulate. pursuant to the Vienna Convention on Consular Relations.
-- In Re. R.W. and N.W. (Supreme Court of Vermont, 39 A.3d, 682, Nov 18, 2011)
Parent held in federal immigration detention (or state or federal jail or prison) must be provided adequate notice and an opportunity to be heard in and present evidence at any state child welfare proceeding affecting their children, especially in a case to terminate their parental rights. They must also be given sufficient opportunities to find and arrange for alternative placement of their children, such as with family members, that can help avoid their child’s temporary or permanent placement with non-family members.
-- In Re. Adoption of C.M.B.R. (Supreme Court of Missouri, 332 S.W.3d 793, January 25, 2011)
When deported mother seeks reunification with child in foster care, agency must make reasonable efforts to reunify. It doesn’t end simply because parent now resides across a national border. Trial court, before terminating parental rights, must hear evidence proving “parental unfitness,” which can’t simply be based on parent’s immigration status or living in another country. Foreign consulates should be used to address the safety of child’s cross-border reunification, obtaining home studies in their country, & identification and provision of any needed child welfare services abroad.
-- In Re. Interest of Angelica L. and Daniel L. (Supreme Court of Nebraska, 767 N.W.2d 74, June 26, 2009)