Legal and programmatic issues may arise when foreign born children come into substitute care. The requirement to notify a foreign consulate if a foreign-born child comes into care is discussed in 6715.1 Giving Notice to a Foreign Consulate.

Other legal issues to be aware of if a child is born outside the U.S. include the following:

  •   Foster children who have no immigration status may be eligible to become permanent residents by applying for Special Immigrant Juvenile Status (or may be eligible for other forms of relief).

  •   Foster children who are permanent residents may be eligible to apply to become naturalized US citizens.

For detailed information on these and related issues, such as foreign travel, providing services to parents in foreign countries, and placing children in foreign countries, see Section 6700 International and Immigration Services.

Caseworkers 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.