4211. Notification to Foreign Consulates

Approved by:  Natalie Green, Assistant Secretary of Child Welfare Division

Original Date:  June 7, 2012

Revised Date:  July 1, 2024

Policy Review:  July 31, 2028

Purpose 

Verify foreign consulates are notified when a child who is the citizen of another country becomes the focus of a dependency proceeding. This policy is not to be interpreted as a check on immigration status of any member of a family but rather citizenship of a country outside the United States.

Scope 

This policy applies to caseworkers.

Laws

Vienna and United Nations Treaty Collection

Policy

  1. Caseworkers must: 
    1. Assess the citizenship of a foreign country of a child when the child is placed in out-of-home care in a dependency proceeding. 
    2. Provide notice, under federal treaty obligations, to the foreign consulate when obtaining legal custody of a child who is a foreign national. 
    3. Provide access to interpreters and culturally relevant services to Limited English Proficient (LEP) clients from certified or authorized contracted translators as listed in the provisions of DCYF Administrative 6.02 Access to Services for Clients and Caregivers who are Limited English Proficient (LEP) policy. 

Procedures

  1. Caseworkers must: 

    1. Determine and document the child's citizenship of a foreign country at the time a child is placed in care by asking the parent (or the child, depending on age and development) if the child is a citizen of a foreign country. If the answer is “yes,” ask, “What foreign country?” 

    2. For children who are in the care and custody of the Department of Children, Youth, and Families (DCYF), as soon as it is known whether they are:
      1. A foreign national, notify the foreign consulate by faxing the Notice to Foreign Consulate of Child Protection Proceedings DCYF 15-402 of the child's or parents’ home country. Notification to the consulate must be made as soon as possible but no later than 30 calendar days. 
        ​Note: The address of the nearest consular office for a foreign country can be found at Foreign Consular Offices in the United States. 
      2. A member of a Canadian First Nation, assess Canadian citizenship and consult with the Office of Attorney General per the Indian Child Welfare Case Management Services for Children and Families of Non-Federally Recognized Tribes and Canadian First Nations policy. 
    3. If requested by the consulate: 
      1. Obtain a signed Consent to release Information DCYF 14-012 form from the parents to share information with the consulate; and 
      2. Provide identified services to the family. 
    4. Document in FamLink any: 
      1. Foreign citizenship of the child on the Person Management page. 
      2. Notification to a consulate by uploading the Notice to Foreign Consulate of Child Protection Proceedings DCYF 15-402 form into FamLink. 

Forms

Consent to release Information DCYF 14-012

Notice to Foreign Consulate of Child Protection Proceedings DCYF 15-402

Resources

DCYF Administrative 6.02 Access to Services for Clients and Caregivers who are Limited English Proficient (LEP) policy

Indian Child Welfare Case Management Services for Children and Families of Non-Federally Recognized Tribes and Canadian First Nations policy

United States Department of State Consulate by Country