SECTION 340:75-1-31. Citizenship and immigration status

(a)   All investigative, family-based safety, and reunification services may be provided without regard to the immigration status of the child or parent, per Section 1611 of Volume 8 of the United States Code (8 U.S.C. § 1611).

(b)   Federal funding restrictions and other legal requirements require determination of citizenship or immigration status of each child in out-of-home care. Federal foster care reimbursement and adoption assistance payments are only paid on behalf of qualified aliens and United States (U.S.) citizens. Qualified aliens include, but are not limited to:

(1)   all permanent U.S. residents;

(2)   persons with a green card; and

(3)   refugees and persons granted asylum.

(c)   Per 8 U.S.C. § 1641, undocumented persons are not eligible for medical assistance except in emergency medical situations regardless of custody status. [OAC 340:75-13-80]

(d)   When a child is determined a foreign national, Oklahoma Department of Human Services is required by Article 37(b) of the Vienna Convention on Consular Relations to notify the appropriate foreign consul.

[Source: Added at 23 Ok Reg 1024, eff 5-11-06; Amended at 30 Ok Reg 839, eff 7-1-13]