background shadows

NJ DCF Logo with reverse copy

 

New Jersey Department of Children and Families Policy Manual

 

Manual:

CP&P

Child Protection and Permanency

Effective Date:

Volume:

III

Case Management

Chapter:

A

Eligibility

2-6-2006

Subchapter:

1

Service Eligibility

Issuance:

400

Non Citizens

 

 

Non-U.S. Citizens Who Are Not Refugees or Unaccompanied Minors

           

Services available through CP&P Local Offices are provided to non-U.S. citizens provided they would otherwise qualify for service. Certain non-U.S. citizens are eligible for services under the programs especially established for them by the federal government. 

 

CP&P is not mandated to refer unregistered aliens (adults or children) to INS.  Eligibility for CP&P services is not affected by alien registration status.

 

CP&P has a responsibility to refer unregistered aliens under age 14 to INS when CP&P has:

 

  • been granted guardianship by a court;
  • been given legal custody pursuant to a court order; or
  • taken physical custody of an abandoned child, with or without a court order, when the whereabouts of the parent(s) is unknown.

 

CP&P is not required to refer to alien registration when children remain in the legal custody of their parents but are placed in the physical custody of CP&P when the Division obtains an order to supervise (not an order of custody) in a child protective services matter.

 

Legal guardians who fail to register children under age 14 with INS can be fined or imprisoned for a misdemeanor offense.