OLR Report 2012-R-0007 explains what the Department of Children and Families' (DCF) policy is regarding minor children of detained, undocumented parents. Specifically, it explains (1) how DCF gets involved with these children and what actions they take and (2) if these children end up in foster care, whether federal Title IV-E money is available for foster care payments.
DCF does not have a written policy that directly addresses its interaction with children of detained, undocumented parents. The agency's involvement depends on a number of factors, including whether there are relatives in the area who may be able to care for the children and whether there also is a potential abuse or neglect situation (e.g., if the parent is involved in unlawful activity other than immigration status). The department's involvement typically begins once it is contacted by local law enforcement or immigration officials.
When DCF is contacted, and assuming there is no concern that the children are being abused or neglected, it will meet with the detained parent to determine if there are local relatives, documented or not, willing to watch the children during the detention period. If so, DCF will place the children with them and DCF's involvement generally ends there. But if there are no relatives, and DCF is concerned for the children's safety given the absence of a supervising adult, DCF will ask the court for temporary custody of the children and place them in a licensed foster home.
If DCF places the children in a licensed foster home, the foster care payments are generally eligible for Title IV-E reimbursement from the federal government. However, if the children are not in the country legally DCF will not claim the federal reimbursement. (Alternatively, a child's guardianship could be transferred to a relative and that relative, documented or not, could potentially obtain a child-only cash assistance benefit from the Department of Social Services to pay for the child's care while the parent is detained.)
If DCF learns that a parent will be deported to his or her country of origin, it will work with the family and that country to return the children to the parents, assuming there are no concerns about the children's safety.
For more information, read the full report.
