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OKDHS Home > Library > Policy > OAC 340 > Chapter 75. Child Welfare > 1. General Provisions of Child Welfare Services > 31. Citizenship and immigration status
340:75-1-31. Citizenship and immigration status
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Issued 5-11-06


(a) All investigative, family-based safety and reunification services may be provided without regard to the immigration status of the child or parent(s), per Section 1611 of Volume 8 of 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 all children 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

 

1.  Notification to foreign consul.

  • (1) The CW worker determines nationality through documentation, such as birth certificate, passport, or other national identity record.  Any child who is not a United States citizen, regardless of immigration status, such as a lawful permanent resident, qualified alien, or undocumented person, is considered a foreign national.
  • (2) If the CW worker determines the child is a foreign national, the CW worker immediately completes Form DCFS-105 (new form number 04MP016E), Notice to Foreign Consul of Child Welfare Proceedings, and:
    • (A) mails, by certified mail, return receipt requested, or faxes to the appropriate embassy or consulate.  The address or fax number for the embassy or consulate is found at http://travel.state.gov/consul_notify.html; and
    • (B) files a copy of completed Form DCFS-105 (new form number 04MP016E) and proof of receipt of service in the CW paper case record and court file.
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Oklahoma Department of Human Services
Street address: Sequoyah Memorial Office Building, 2400 N. Lincoln Blvd., Oklahoma City, OK 73105
Mailing address: P.O. Box 25352, Oklahoma City, OK 73125
(405) 521-3646
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