Current through all regulations passed and filed through September 16, 2024
(A) All Title IV-E agencies shall verify
United States (U.S.) citizenship and immigration status for all children in
foster care regardless of whether Title IV-E foster care maintenance (FCM)
payments are made on their behalf.
(B) Documents that verify citizenship are:
(1) A U.S. birth certificate.
(2) A U.S. passport, unless it is authorized
with a limitation; limited passports are issued through the department of
homeland security (DHS).
(3) A
certification of birth issued by the department of state (form
DS-1350).
(4) A report of birth
abroad of a U.S. citizen (form FS-240).
(5) A certificate of birth abroad
(FS-545).
(6) A U.S. citizen
identification card (I-197).
(7) A
certificate of naturalization (N-550 or N-570).
(8) A certificate of U.S. citizenship (N-560
or N-561) for children who derived their citizenship through a
parent.
(9) An extract from a
hospital record on hospital letterhead established at the time of the
individual's birth that was created at least five years before the initial date
of custody, and indicates a U.S. place of birth. For a child under sixteen, the
document must have been created near the time of birth.
(10) A life insurance, health insurance, or
other insurance record showing a U.S. place of birth and created at least five
years before the initial date of custody. For children under sixteen, the
document must have been created near the time of birth.
(11) A statement provided from a U.S.
consular officer certifying that the individual is a U.S. citizen.
(12) An American Indian card (I-872) issued
by the department of homeland security (DHS) with the classification code "KIC"
and a statement on the back identifying U.S. citizenship of members of the
Texas band of Kickapoos living near the United States/Mexican border.
(13) A state match with the state data
exchange (SDX) for supplemental security income (SSI).
(14) Birth information obtained by the Title
IV-E agency through Ohio department of job and family services
(ODJFS)-authorized data exchanges or data sharing agreements.
(15) A federal or state census record showing
U.S. citizenship or a U.S. place of birth, including an individual's
age.
(16) Native American tribal
documents, including but not limited to:
(a) A
Seneca Indian tribal census record.
(b) The bureau of Indian affairs tribal
census records of the Navajo Indians.
(c) A certificate of Indian blood.
(d) U.S. American tribal documents.
(e) Other native American tribal
documents.
(17)
Affidavits may be used only in rare circumstances when the agency is unable to
secure evidence of citizenship from another listing. Affidavits are signed
under penalty
of perjury, but need not be notarized. If the
documentation requirement needs to be met through affidavits, the following
rules apply:
(a) There shall be at least two
affidavits by people who have personal knowledge of the event(s) establishing
the individual's claim of citizenship. The two affidavits could be combined in
a joint affidavit. At least one of the persons making the affidavit cannot be
related to the individual and neither person can be the individual.
(b) Persons making the affidavit must be able
to provide proof of their own citizenship. The persons making the affidavit
shall have information which explains why documentary evidence establishing the
individual's claim of citizenship does not exist or cannot be readily
obtained.
(C)
For all children who are determined non-citizens, the Title IV-E agency shall
obtain verification of their
immigration status.
(D) A qualified
non-citizen
status shall be verified by one of the following:
(1)
A non-citizen who is lawfully
admitted for permanent residence (I-551) or (I-94) under the Immigration and
Nationality Act of 1952 (INA).
(2)
A
non-citizen who is granted asylum (I-94) under section 208 of the
INA.
(3) A refugee
(
I-94 or I-571) who is admitted to the U.S. under section 207 of the
INA.
(4)
A
non-citizen whose deportation is being withheld
(I-688B or I-766) under section 243(h) or section 241
(b)(3) of the INA.
(5)
A
non-citizen who is granted conditional entry (I-94) pursuant to section
203(a)(7) of the INA.
(6) A Cuban
or Haitian entrant (I-551).
(7)
A
non-citizen or the child or parent of
A non-citizen who has been
battered or subjected to extreme cruelty in the U.S.
(8)
An Afghan or
Iraqi non-citizen granted special immigrant visa status under Section 8120 of
the December 19, 2009 Defense Appropriations Bill (Pub.
L. No. 111-118) and section 101(a)(27) of the INA
(as in effect October 1, 2019).
(E) If a mother is a naturalized U.S. citizen
and the baby was not born in the U.S., the baby's citizenship status would
depend on whether the baby was born before or after the mother became a U.S.
citizen. In most cases, when the parent becomes a naturalized U.S. citizen and
the baby is living with the parent in the U.S., the baby would also become a
U.S. citizen.
(F) A child who is in
the U.S. under a visitor or tourist's visa or under a student arrangement does
not meet the
non-citizen status.
(G) All U.S. citizenship and immigration
status verification documentation shall be kept in the child's case record
regardless of the child's status.
(H) For a child who enters foster care, the
Title IV-E agency shall verify citizenship or immigration status within sixty
days of entrance.