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Immigrants and Child Welfare

Immigrant Families

Nearly two-fifths of New York City’s population was born outside of the United States. Immigrant families are more likely have annual incomes below the federal poverty level. Mexican immigrants are the most likely to be poor. 20% of NYC families are living below t he poverty level, while 30% of all NYC immigrants families are poor. Poor immigrant children are more likely to live in two-parent families, and in most cases, at least one parent is employed. Over half of the city’s children under age 18 live in households headed by an immigrant. 1.

“The number of households headed by someone born outside of the U.S. more than doubled to over 25% in 2006. More individuals were living below the poverty line in 2006 than in 1990 (54% compared with 38,000).”2

Staten Island is the home of a growing Mexican, Russian, and Liberian population. The Mexican population on the Island has increased by 428.3% over the last decade.3. Births to NYC’s Mexican mothers are second only to births to foreign-born Dominicans, followed by the Chinese, the Jamaicans, and the Guyanese.3. More than a third of NYC’s black population is foreign- born with Afro-Caribbeans, who represent who represent 21 percent of the city’s immigrants, tending to replace African-Americans.4 The Liberian community on Staten Island is the largest outside of Liberia. 2.

The above statistics contribute to an increase in abuse and neglect reports to the State Central Registry emanating from Staten Island and throughout the city. ACS has developed a Department of Immigrant Affairs and we are receiving calls from all over the state of New York on requesting information on immigrants and the child welfare system. The following information might be of help to those seeking resources for immigrant families. Also refer to our Resources page for organizations that can be of help to immigrant families.

Immigrant Families and Child Welfare

Immigrant families who lack English language skills are entitled to language services. If the client’s primary language is not English, Administration for Children Services (ACS) is required to identity the client’s primary language and find an appropriate interpreter. Due to a conflict of interest, family members may not help translate (ex: child translates for parents) ACS can not ask about a client’s immigration status unless this will help the client to be eligible for services. ACS must also consult a Department of Legal Services (DLS) attorney before disclosing this information to any person.

Dual Citizenship: The United States recognizes dual citizenship in some circumstances. Children who may have dual citizenship should be considered U.S. Citizens, but ACS may still be required to contact the consulate general of the other country of citizenship.

Kinship Care, Parole, and Custody: Undocumented relatives can be considered as a resource for children. Relatives residing outside the U.S. can be considered as a discharge resource for children in foster care. Organizations are available to arrange for home studies in other countries to explore relatives as discharge resources (refer to Resources)

Children Who Are Not US Citizens: In the case where a child who is not a United States citizen is taken into protective custody (removed from the home), ACS may be required to notify the consulate general of the child’s country of citizenship. Family members have the right to contact their home country’s consulate for assistance.

Status of Diplomats: Diplomatic and consular employees have special rights and privileges. They should contact a lawyer as soon as possible.

Undocumented Children in Foster Care: In the case of foster children who are neither U.S. citizens nor lawful permanent residents, the caseworker should refer them to a legal service that could assess their eligibility and provide assistance in legalizing their status through an application for Special Immigrant Juvenile Status (SIJS). The foster care agency must pay for the SJIS process and submit all receipts for reimbursement by the ACS Budget & Fiscal Division

Special Immigrant Juvenile Status: Unmarried, documented or undocumented immigrants under 21 are in some cases, such as when placed by the Family Court in long-term foster care or guardianship, able to become lawful permanent residents. For many, this will be their only opportunity to obtain legal status.

Source: Immigration and Language Guidelines for Child Welfare Staff (2nd Edition), NYC Administration for Children’s Services
1. Hardships in Many Languages: Immigrant Families and Children in NYC, January 2004
2. Center for Research Data for the Staten island Foundation
3. The Mexican Community in Staten Island; Community Resource Exchange, March 2005.
4. Record Immigration is Changing the Face of New York’s neighborhoods, New York Times, January 24, 2005, Nina Bernstein

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Home About Us Mission Core Values History Board of Directors Programs Community Education and Outreach Workshops, and Forums Parenting Classes Individual and Systemic Advocacy Grassroots Activism News/Events In the News Upcoming Events Statistics General Facts Child Welfare Statistics NYC Statistics Staten Island Statistics Brooklyn Statistics Race/Ethnicity/Class African Americans and Child Welfare Native Americans and Child Welfare Immigrants and Child Welfare Position Papers Women, Poverty, and Child Welfare Juvenile Justice Resources Process of Child Protective Investigation Glossary of Terms Other Resources and Websites Get Involved Contact Us
	Immigrants and Child Welfare Immigrant Families Nearly two-fifths of New York City’s population was born outside of the United States. Immigrant families are more likely have annual incomes below the federal poverty level. Mexican immigrants are the most likely to be poor. 20% of NYC families are living below t he poverty level, while 30% of all NYC immigrants families are poor. Poor immigrant children are more likely to live in two-parent families, and in most cases, at least one parent is employed. Over half of the city’s children under age 18 live in households headed by an immigrant. 1. “The number of households headed by someone born outside of the U.S. more than doubled to over 25% in 2006. More individuals were living below the poverty line in 2006 than in 1990 (54% compared with 38,000).”2 Staten Island is the home of a growing Mexican, Russian, and Liberian population. The Mexican population on the Island has increased by 428.3% over the last decade.3. Births to NYC’s Mexican mothers are second only to births to foreign-born Dominicans, followed by the Chinese, the Jamaicans, and the Guyanese.3. More than a third of NYC’s black population is foreign- born with Afro-Caribbeans, who represent who represent 21 percent of the city’s immigrants, tending to replace African-Americans.4 The Liberian community on Staten Island is the largest outside of Liberia. 2. The above statistics contribute to an increase in abuse and neglect reports to the State Central Registry emanating from Staten Island and throughout the city. ACS has developed a Department of Immigrant Affairs and we are receiving calls from all over the state of New York on requesting information on immigrants and the child welfare system. The following information might be of help to those seeking resources for immigrant families. Also refer to our Resources page for organizations that can be of help to immigrant families. Immigrant Families and Child Welfare Immigrant families who lack English language skills are entitled to language services. If the client’s primary language is not English, Administration for Children Services (ACS) is required to identity the client’s primary language and find an appropriate interpreter. Due to a conflict of interest, family members may not help translate (ex: child translates for parents) ACS can not ask about a client’s immigration status unless this will help the client to be eligible for services. ACS must also consult a Department of Legal Services (DLS) attorney before disclosing this information to any person. Dual Citizenship: The United States recognizes dual citizenship in some circumstances. Children who may have dual citizenship should be considered U.S. Citizens, but ACS may still be required to contact the consulate general of the other country of citizenship. Kinship Care, Parole, and Custody: Undocumented relatives can be considered as a resource for children. Relatives residing outside the U.S. can be considered as a discharge resource for children in foster care. Organizations are available to arrange for home studies in other countries to explore relatives as discharge resources (refer to Resources) Children Who Are Not US Citizens: In the case where a child who is not a United States citizen is taken into protective custody (removed from the home), ACS may be required to notify the consulate general of the child’s country of citizenship. Family members have the right to contact their home country’s consulate for assistance. Status of Diplomats: Diplomatic and consular employees have special rights and privileges. They should contact a lawyer as soon as possible. Undocumented Children in Foster Care: In the case of foster children who are neither U.S. citizens nor lawful permanent residents, the caseworker should refer them to a legal service that could assess their eligibility and provide assistance in legalizing their status through an application for Special Immigrant Juvenile Status (SIJS). The foster care agency must pay for the SJIS process and submit all receipts for reimbursement by the ACS Budget & Fiscal Division Special Immigrant Juvenile Status: Unmarried, documented or undocumented immigrants under 21 are in some cases, such as when placed by the Family Court in long-term foster care or guardianship, able to become lawful permanent residents. For many, this will be their only opportunity to obtain legal status. Source: Immigration and Language Guidelines for Child Welfare Staff (2nd Edition), NYC Administration for Children’s Services 1. Hardships in Many Languages: Immigrant Families and Children in NYC, January 2004 2. Center for Research Data for the Staten island Foundation 3. The Mexican Community in Staten Island; Community Resource Exchange, March 2005. 4. Record Immigration is Changing the Face of New York’s neighborhoods, New York Times, January 24, 2005, Nina Bernstein
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