6700 International and Immigration Issues
6710 Services to Children and Families Who Are Not U.S. Citizens
CPS September 2026
DFPS and SSCC services, including investigative services, family-based safety services, substitute care services, and reunification services, can be provided without regard to a parent, child, or youth’s immigration status.
DFPS or the SSCC must identify the child or youth’s citizenship or immigration status for the following reasons:
- Federal law requires that child welfare agencies verify the citizenship and immigration status of children in foster care.
- An international treaty requires DFPS or the SSCC to give notice to the foreign consulate when a person who is not a U.S. citizen is taken into custody.
- A child or youth’s immigration status impacts eligibility for funding.
- Failure to obtain immigration services for a child or youth in a timely manner can delay permanency.
DFPS or SSCC staff with questions may consult with a DFPS immigration specialist or the regional attorney assigned to immigration issues.
See also 5541 Issues to Resolve Before DFPS’s Role in the Lawsuit Ends.
For information on citizenship and immigration status categories, see the International and Immigration Issues Resource Guide.
6711 Immigration Opportunities for Foster Children
CPS September 2026
Correctly identifying a child or youth’s citizenship or immigration status and promptly pursuing available options promotes permanency.
A foster child without an immigration status may become eligible for Special Immigrant Juvenile Status (SIJS), if reunification with one or both parents does not occur. SIJS offers a path to permanent resident status, which can be essential for permanency.
A child who is already a permanent resident may become eligible for U.S. citizenship while in foster care. U.S. citizenship is particularly important for children with disabilities who need access to SSI benefits.
Contact the DFPS immigration specialists, regional attorneys, and border liaisons for assistance with these issues, and refer to the International and Immigration Issues Resource Guide for more information.
6712 Caseworker Responsibility for Citizenship and Immigration
CPS September 2026
The DFPS or SSCC caseworker responsibility for ensuring that every eligible child or youth receives all appropriate citizenship and immigration relief depends on the child’s status and the stage of the case. The DFPS or SSCC caseworker must do all of the following:
- Find out where a child or youth was born and obtain birth records.
- For children and youth not born in the United States, do the following:
- Interview parents and other family members about citizenship and immigration status.
- Forward the Basic Immigration Information Form 6000 with copies of a child or youth’s travel and immigration documents to the immigration specialist.
- Respond to requests for information and documents from the immigration specialist.
- Support the application process for Special Immigrant Juvenile Status, naturalization, or other benefits by obtaining photographs, medical exams, and other supporting documents as directed by the immigration specialist.
- Bring the child or youth to appointments and interviews.
- Promptly communicate to the immigration specialist any change in the child or youth’s circumstances (reunification with one or both parents, arrests, hospitalization, or change in the permanency plan).
- Immediately forward to the immigration specialist and the regional attorney any notice, letter, or request for information from immigration authorities.
6713 Contacts with the Immigration Authorities
CPS September 2026
The DFPS or SSCC caseworker relies on immigration specialists and regional attorneys to handle communications with immigration authorities. The DFPS or SSCC caseworker refers any questions about communications with immigration authorities to the regional attorney.
6714 Working with the Foreign Consulate
CPS September 2026
DFPS and SSCCs work cooperatively with representatives of the foreign consulate when a foreign-born child is in DFPS conservatorship.
If DFPS removes a child who was born in another country and the child is not a U.S. citizen, DFPS or the SSCC must notify the foreign consul.
In addition to satisfying the legal requirement, contact with the consul may facilitate locating family members or identifying resources for the family.
DFPS or SSCC caseworkers must contact the regionally assigned DFPS immigration specialist to ensure compliance with federal and state requirements.
6714.1 Giving Notice to a Foreign Consulate
CPS September 2026
To notify a foreign consulate that DFPS has removed a child, the DFPS or SSCC caseworker must do all of the following:
- Complete Form 2650 Letter to Foreign Consulates.
- Send Form 2650 to the consulate by fax (and file it with the confirmation notice attached) or by mail (with a return receipt requested).
- Send a copy of the notice to the attorney representing the DFPS (by mail or fax), so that the attorney is aware of the consulate’s involvement.
Contact information for consular offices is available from DFPS immigration specialists.
6715 Transporting Undocumented People
CPS September 2026
Federal law prohibits inducing undocumented people to enter the United States illegally, or concealing, harboring, or transporting such people as a means of furthering a person’s illegal presence.
If a DFPS or SSCC caseworker has reason to believe a child or youth or a parent is not authorized to be in this country and transportation is necessary to support delivery of child protective services, the DFPS or SSCC caseworker does all the following:
- Looks first to relatives and friends who can provide transportation or to public transportation, and considers DFPS or SSCC to be the last resort for transportation (except in the case of removal of a child or youth).
- Never takes any action to avoid detection or evade immigration authorities when transporting clients.
- Requests that the family court specifically order DFPS or the SSCC to provide transportation, if transportation will be an ongoing part of services.
- Carries state-issued identification and a copy of the court order showing DFPS’s or the SSCC’s relationship to the child or youth or the parents.
- Carries copies of the filing receipt and the A# (case number that immigration authorities use) assigned to the case, if an application for Special Immigrant Juvenile Status or other immigration relief has been filed.
- Does not ever cross the U.S.–Mexico border with an undocumented client.
6720 Staff Travel Outside of the United States
CPS September 2026
Before traveling to Mexico or any other foreign country, DFPS or SSCC staff must check with management to determine whether there are any current travel restrictions.
6730 Placements in a Foreign Country
CPS September 2026
If a parent in a foreign country seeks custody of a child or youth in DFPS conservatorship, DFPS or the SSCC has the same burden as in any case to show evidence of unfitness to justify not placing a child or youth with the noncustodial parent.
Special issues to consider include all of the following:
- The safety of a placement in a foreign country must be assessed based on supervision available from local child protection authorities, without DFPS or SSCC involvement.
- Court approval is required for out-of-country travel by a foster child (Texas Family Code §264.122).
- Once a child or youth is placed in a foreign country, DFPS has no legal authority to act.
- If the child or youth is not a U.S. citizen, staff consults with the regional attorney to assess immigration consequences of residing permanently outside the United States.
If the parent or caregiver requires services, see 6243 Services to Parents Who Live Outside of the Country.
6731 Home Studies in Foreign Countries
CPS September 2026
If a child’s or youth’s parent, relative, or other potential caregiver resides in a foreign country, the DFPS or SSCC caseworker may, with supervisory approval, request a home study from that country. If a child or youth has special needs or there are any specific concerns about the placement, these must be communicated with the home study request.
6732 Procedure for International Placement
CPS September 2026
Before placing a child in a foreign country, the DFPS or SSCC caseworker must do all of the following:
- Obtain a favorable home study.
- Inform all parties, the court, the child or youth’s guardian and attorney ad litem, CASA representative, the foster family or facility, and the consulate.
- Set up any necessary monitoring and safeguards with child protection authorities in the area where the child or youth will reside.
- Obtain and provide to the child’s caregiver a certified copy of the court order authorizing the placement.
- Verify the child or youth has necessary travel documents for entry into the placement country (and copies of U.S. citizenship or birth records, if applicable).
Once the child is placed, the DFPS or SSCC caseworker must advise the attorney for DFPS or the SSCC and request dismissal of the legal case.
In all cases of a child being placed in a foreign country, the DFPS or SSCC caseworker must consider that neither the state court nor DFPS has authority over the child once the placement is made.
If a parent who lives outside of the United States needs services as part of a reunification plan, see 6243 Services to Parents Who Live Outside of the Country.
6733 U Visa Certification Requests
CPS September 2026
The U visa is a United States nonimmigrant visa for victims of certain crimes who are willing to assist in the investigation or prosecution of the criminal activity.
DFPS and SSCCs do not certify U visas.
Although “child protective services” is mentioned in the law, DFPS and SSCCs do not have “criminal investigative jurisdiction.”
To ensure consistent responses to stakeholders requesting a U visa certification, DFPS or SSCC staff must forward these requests to the immigration specialist assigned to the region or to the managing attorney for immigration matters.
6740 Temporary CPS Custody Resulting from a Foreign Custody Order or a Hague Abduction Suit
CPS September 2026
In rare circumstances a lawsuit involving a foreign custody order or a Hague Abduction petition may result in a Texas court ordering a child into temporary DFPS custody, if both of the following are true:
- Serious physical harm or the child’s removal from the state is imminent.
- The child’s parents or family members have no significant ties to the local area (for example, they do not live, work, or go to school there).
Placement
The lack of a family member with significant ties to the area is what makes it necessary for a court to involve DFPS. As a result, if DFPS or the SSCC seeks to place a child with a relative or kin, the DFPS or SSCC caseworker must do both of the following:
- Document the ties the person has to the local area (such as living, working, or going to school there).
- Provide the information to the regional attorney who facilitates contact with the original court before the placement is made.
Service Planning
All substitute care policies apply as in any other case.
Visitation
Because of the nature of these types of cases, all visits with a child must be supervised by DFPS or SSCC staff and conducted at a DFPS or SSCC office, unless otherwise ordered by the court that placed the child under DFPS conservatorship.
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