Family Separation Rapid Response Team

It is recommended that parents identify a caregiver for their child(ren) if they are detained or deported. The Legal Counsel for Youth and Children (LCYC) has several resources available, including the Immigrant Safety Plan (available in multiple languages). Parents may also wish to review other legal resources or speak to a private attorney for what should happen in the event they are deported. The Legal Counsel for Youth and Children (LCYC) provides several resources in their Immigrant Safety Plan and offers training to help parents plan for the care of their children in the event that they are detained or deported.  

You may take care of a child left in your care by a parent without becoming a licensed foster parent. To prepare for this, you may review the Immigrant Safety Plan and Training, the Nomination of Standby and Minor Guardianship Form, and other resources on the Know Your Rights OAG page or LCYC website. We also recommend the following resources:

• WAISN Resource Finder
• ORIA Resource Tool
• Rapid Response Hub — Washington State Commission on Hispanic Affairs 
   

The Office of the Superintendent of Public Instruction (OSPI) has put out guidance related to the protections offered for immigrant students in Washington state. As we move forward on the Task Force, we continue to partner with school districts and support the education of all youth regardless of immigration status.

When U.S. Immigration and Customs Enforcement (ICE) detains a parent, they first check with the family to determine if there is a relative or friend who can care for the child. ICE only contacts DCYF if:  

• The parents cannot find a safe person to care for the child.
• There are concerns about the person who is chosen to care for the child.

In these cases, ICE will notify local law enforcement, and the child will be placed into Protective custody and then transferred to DCYF.  If a child is not with their parent when deported and is in the care of community or other childcare, we rely on community partners to notify law enforcement or DCYF.

It is DCYF’s goal to keep children with their families. As DCYF is working to help reunify the child with their parent, DCYF will work to locate family members/relatives. If one cannot be located, the child would enter into foster care while the caseworker is attempting to reunify the family. 

For more information, view the Immigrant Family Separation Flow Chart. 

A child who meets the federal legal definition of “unaccompanied child” when they are encountered by immigration authorities are subject to certain processes under federal law, including placement with Office of Refugee Resettlement (ORR) until they can be released to a family member or other caregiver. Unaccompanied children released by ORR to family or a caregiver reside in the community and attend school while their immigration matters are resolved. If DCYF receives a report of abuse or neglect of such children living in Washington, they are subject to the same DCYF process as any other child.    

Yes. When DCYF receives placement and care authority of a child, DCYF works to reunify a child with a safe parent – even if they are outside of the country.   

In keeping with Keep Washington Working (RCW 43.17.425), DCYF does not provide information to ICE without a court order or judicial warrant, or a signed release of information. 

DCYF treats all children in its care the same, no matter their immigration status. DCYF works with service providers as needed to make sure every child’s needs are met. If a parent is affected by immigration enforcement, you can learn more about DCYF's process by reading the In Case of Family Separation: Placement Process Flow Chart.

DCYF does not keep statewide data on children who have been affected when a parent is detained or deported for immigration reasons.

DCYF provides the same support and services to all children and youth in care, regardless of immigration status, to ensure a child’s basic needs. If a family member or caregiver cannot get certain federal benefits because of their immigration status, DCYF looks for other resources or community supports instead.

If a child is in state custody, DCYF must make sure the child gets the services they need. DCYF works with community organizations and service providers to connect families with resources and supports.

If DCYF has an open case, it can help find parents or identify a family member or caregiver. However, DCYF cannot arrange care or make placement decisions for children who are not under its custody. We recommend visiting Legal Advice and Referral for Kinship Care or calling the free legal advice hotline that helps caregivers with legal questions and forms at (206) 267-7075.

The LCYC Immigrant Safety Plan explains how parents can give another person permission to care for their child for a short time.

If a permanent change in custody is needed, families should talk with a family law attorney to learn about their legal options. You can find more information about family law at Washington Law Help. 

We recommend visiting Legal Advice and Referral for Kinship Care or calling the free legal advice hotline that helps caregivers with legal questions and forms at (206) 267-7075

Please see the latest guidance from the Attorney General’s Office to learn which search warrants are valid and how to tell the difference.

The Washington State Attorney General's Office has provided guidance for local law enforcement regarding the Keep Washington Working Act.

If you think someone has violated the Keep Washington Working Act, you can report it to the Washington Attorney General’s Office by:

• Email: civilrights@atg.wa.gov
• Phone: 1-833-660-4877 (help is available in English and Spanish)

Community members can also find help and information from the Washington Immigrant Solidarity Network (WAISN).

DCYF considers the parent’s wishes when deciding where to place children in its care, even in detention or outside the country. If a child is in DCYF custody, the agency can help reunite the child with a parent living in another country, if allowed by state and federal laws.

DCYF has shared guidance with licensed child care providers on how to support children if their parent or guardian is separated from them. OSPI has given similar guidance to school districts to help them create local policies.

The Office of Superintendent of Public Instruction (OSPI) and the Washington State Attorney General’s Office have shared guidance for schools on how to respond if immigration officers reach out to them.

According to OSPI, the Keep Washington Working Act applies to state and local agencies, including public schools, but not to after-school programs.

The law also told the Washington State Office of the Attorney General (AGO) to create guidance to help schools make policies that limit immigration enforcement at school buildings as much as possible. Both the AGO and OSPI recommend that all school staff and volunteers get training about these policies.

The Act also encourages non-state organizations, like private groups that offer programs or services on school grounds, to follow the same model policies.

The Resources for Families Impacted by Immigration-Related Concerns flyer and the Washington State Department of Health website both share information about available supports and services. Our Resources for Children and Families Impacted by Immigration-Related Separation also gives tips and resources to help providers support the mental and emotional health of children and youth affected by immigration enforcement.

Federal rules in the ICE Detained Parents Directive explain what should happen when immigration officers detain or deport a parent. This may include using the ICE Online Detainee Locator System.

More details can be found on page 3 of the ICE Fact Sheet for Child Welfare & Guardianship Stakeholders, which explains how to contact immigration authorities about a parent or guardian whose child is involved in child welfare proceedings.

The Immigrant Legal Resource Center (ILRC) also has helpful information about this policy and how to support families affected by it.

The ICE Detained Parents Directive explains that immigration officers should let parents or guardians make plans for someone to care for their children before being detained. Families should talk with an immigration lawyer to learn if these rules are being followed in their area.