Ethics & Special Issues of Working with Unaccompanied Child Facing Homelessness

Transcription

1 Ethics & Special Issues of Working with Unaccompanied Child Facing Homelessness Presented by: Liz Shields Kids in Need of Defense

2 Case Study 1: Eli s Story An Unaccompanied Child Eli is an 16 year old boy from Honduras. Arrived in the US at the age of 13 on his own, undetected by immigration. Released to his uncle, Jose in Houston whom he has never met. Worked odd jobs to support the household until Jose kicks him out. Attempts to rent a room but can no longer pay his rent. Eli is in immigration removal proceedings. Eli has been referred to KIND for assistance with his legal case but is currently. 2

3 Who is an Unaccompanied Child? A child who has no lawful immigration status, is under 18 years of age, has no parent or legal guardian in the U.S. available to provide care and physical custody.

4 Unaccompanied Children in the U.S. o Vast majority come from Northern Triangle of C.A. o 1-18 years of age o Trend more girls than previous years o Why do they come here?

5 The Influx: October 2011 Present Hypothesized causes: gang violence and violence at home

6 What are their journeys like? How do they get here? Transportation Dangers 6

7 What happens when they are apprehended? Spend some time in the freezer [ICE Holding Cell]. When questioned about fear, many do not express fear to officer; do not trust or are intimidated by authorities Within 72 hours, children should be transferred into federal custody and housed by the ORR in shelters, foster care, or secure facilities.

8 La Hielera ICE Holding Cells

9 What happens when they are apprehended? Movement of UACs through federal custody. Apprehension at the border or internally placed in DHS custody Transfer to HHS/ORR Custody Continue in ORR Custody Release to ORR Sponsor Immigration Relief Removal/ Voluntary Departure In Absentia ICE Files Notice to Appear EOIR: IMMIGRATION REMOVAL PROCEEDINGS

10 Where are they detained? 10

11 What happens after a child enters ORR Custody? Placement at ORR facility Assessment: Intake, Medical Exam, Psych Eval, Services Plan Identify Sponsor and complete reunification Child Released to the Sponsor Child is referred to KIND 11

12 What is ORR s Role Post-Release? - Follow-Up Services - Unaccompanied Refugee Minors (URM) rare - Testing New Hotline

13 Dept. of Homeland Security Citizenship & Immigration Services (CIS) Immigration & Customs Enforcement (ICE) Customs & Border Protection (CBP) ICE Officers, Trial Attorneys (TAs), Asylum Office Interviewers, Service Centers Dept. of Justice Executive Office for Immigration Review (EOIR) Board of Immigration Appeals (BIA) Immigration Judges (IJs) DHS DOJ HHS Dept. of Health & Human Services (HHS) Office of Refugee Resettlement (ORR) Unaccompanied Refugee Minors (URM) Div. Of Unaccompanied Children s Services (DUCS) Shelter Workers, Therapists, Field Coordinators State Court State Courts Juvenile Court: family part, juvenile delinquency

14 Immigration Court: Basics of Removal Proceeding Houston Immigration Court Juvenile Dockets Parties Government represented by ICE attorney Respondent immigrant Burden of Proof Types of Hearings Master Calendar Hearings Merits or Individual Hearings Consequences for Failing to Appear Notice to Appear (NTA) Charging Document 14

15 NTA and Pleadings ALLEGATIONS 1. You are not a citizen or national of the U.S.; 2. You are a native of X country and a citizen of X ; 3. You arrived in the U.S. at or near X city, X state, on or about X date; 4. You were not then admitted or paroled after inspection by an Immigration Officer CHARGE You are subject to removal based on INA Section 212(a)(6)(A)(i) because you are an alien present in the U.S. without being admitted or paroled, or who arrived in the U.S. at any time or place other than as designated by the Attorney General. Plead to the allegations and charges on the NTA Inform court of any errors on the NTA Designate a country of removal or respectfully decline Identify the form of relief the child will be seeking Provide IJ with update on case progress

16 Common forms of immigration relief from removal for children Special Immigrant Juvenile Status (SIJS) Asylum T Visa U Visa VAWA Procedural Relief/Admin Relief Voluntary Departure 16

17 SPECIAL IMMIGRANT JUVENILE STATUS (SIJS) 8 U.S.C. 101(a)(27)(J), 8 CFR

18 SPECIAL IMMIGRANT JUVENILE STATUS (SIJS) INA 101(a)(27) (J) an immigrant who is present in the United States (i) who has been declared dependent on a juvenile court located in the United States or whom such a court has legally committed to, or placed under the custody of, an agency or department of a State, or an individual or entity appointed by a State or juvenile court located in the United States, and whose reunification with 1 or both of the immigrant's parents is not viable due to abuse, neglect, abandonment, or a similar basis found under State law; (ii) for whom it has been determined in administrative or judicial proceedings that it would not be in the alien's best interest to be returned to the alien's or parent's previous country of nationality or country of last habitual residence TVPRA (Trafficking Victims Protection and Reauthorization Act) of 2008 amended the SIJS statute to allow for one-parent SIJ cases and expanded the types of courts used in obtaining the predicate order. 18

19 SIJS: ELIGIBILITY CRITERIA Unmarried & under age 21 Not viable to reunify with one or both parents due to abuse, abandonment, neglect, or similar basis found under state law Not in the child s best interest to be returned to his/her country of origin Declared dependent on a state juvenile court or dependent on an individual or entity appointed by the state juvenile court 19

20 SIJS: THREE STAGES State court predicate order Petition for SIJ status Lawful permanent residence 20

21 Stage 1: State Court Predicate Order Many types of proceedings can be used as a vehicle to obtain the necessary state court predicate order for SIJS. Suit Affecting Parent Child Relationship (SAPCR) - a state court petition to appoint a conservator for the child and/or determine custody rights. Goal of SAPCR = obtain Order granting: sole-managing conservatorship to the child s parent or caregiver; and the SIJS findings needed to allow the child to apply for SIJS with the immigration authorities. Declaratory Action (dec action or DJ ) a state court petition requesting the court to exercise its declaratory judgment powers to make factual findings that will allow the child to petition for SIJS with USCIS. Texas Uniform Declaratory Judgment Act - TEX. CIV. PRAC. & REM. CODE A person... whose rights, status, or other legal relations are affected by a statute... may have determined any question of construction or validity under the... statute... and obtain a declaration of rights, status, or other legal relations thereunder. Id (a).

22 DEPENDENT ON THE COURT, INDIVIDUAL OR ENTITY The state court must declare the child: dependent on a juvenile court or placed under the custody of an individual appointed by a State or juvenile court Any state court with the power to make decisions concerning the custody and care of children or juveniles is potentially a juvenile court as defined under federal law. Dependent on the court is interpreted by USCIS as having jurisdiction over the child. 22

23 REUNIFICATION NOT VIABLE The state court must make a finding that : reunification with 1 or both of the child s parents is not viable due to abuse, abandonment, neglect, or a similar basis found under State law (ie endangerment). Look to the Texas Family Code for the definitions of abuse, neglect, or abandonment. 23

24 BEST INTEREST NOT TO RETURN The state court must also find that: it would not be in the child s best interest to be returned to his country of nationality or country of last habitual residence. Seeking a best interest finding. You are not asking the judge to order the child to remain in the U.S. This is often a point of confusion for many judges. The judge may consider: country conditions of the child s home country; family members available to care for the child in the home county (or lack thereof) ; or any other factors that may endanger or negatively impact the child s life in the home country. 24

25 SERVICE OF PROCESS TX.R.CIV.PRO 106 All parties in a suit must be given legal notice of the proceedings In general, there are two ways to give legal notice. The Respondent may waive his or her right to service by signing a Waiver of Citation in front of a notary. (Expedites Process) OR The Respondent is served with a copy of the Petition by someone who is authorized by the Court to give the Respondent the petition. Service may be completed by a private process server or a sheriff or constable. The Petitioner is not authorized by the Court to serve the petition on the Respondent. Signed in home country Notarized 25

26 What could possibly go wrong at a State Court Hearing? Questions regarding paternity Timing of Suit Legislative Intent Service Issues with jurisdiction (particularly with DJ s) Issue with reunification Bias of Courts

27 STAGE 2 of SIJS: Visa Classification (I-360) Once the state court issues a valid Predicate Order, child can petition for SIJS status. The I-360 form is a petition the child files with USCIS for an immigrant visa to the United States Requirements Under 21 Not married Valid State Predicate Order (at the time of filing) If the child is 14 or older, USCIS will conduct an interview with the child. Upon receipt of proof of filing the I-360, you may request that Immigration Court terminate your client s removal proceedings.

28 STAGE 3: Applying for Lawful Permanent Residence Status (I-485) The I-485 form Medical Exam Biometrics Child must be admissible to the U.S. Selected grounds inapplicable to SIJS kids e.g., entry without inspection (EWI), public charge, etc. If approved, child will receive a Lawful Permanent Resident card ( green card ) Eligible to Work Benefits Status Changes Eligible for SS#

29 ASYLUM

30 Asylum: Establishing Eligibility Meet the definition of a refugee Be deserving of discretion Not be subject to mandatory bars (i.e. serious criminal actions, national security concerns) 30

31 Who is a Refugee? 8 USCA 1101(a)(42)(A), INA 101 (a)(42) REFUGEE : any person who is - Outside of their country and - unable or unwilling to return to their country and - unable or unwilling to avail himself or herself of the protection of that country -*because of persecution or a well-founded fear of persecution -*on account of race, religion, nationality, political opinion or membership in a particular social group.

32 Elements of Asylum 8 USC 1101(a)(42) Past persecution or Well- founded fear of future persecution On account of 5 protected grounds Race Religion Nationality Political opinion Particular social group

33 Persecution Persecution is fairly serious harm visited on the person by the government or a person or group the government is unable or unwilling to control. The definition is not found in the INA or regulations, but rather it s elaborated by case law Need not be life-threatening, but must be more than mere harassment Some examples: threats to life or freedom, serious physical harm, confinement, rape, torture, severe psychological harm For children, persecution does take into account the view of the child.

34 Well-Founded Fear of Future Persecution Past persecution gives rise to rebuttable presumption of well-founded fear of future persecution on same basis Gov t can rebut this by POE if There is a fundamental change in conditions OR Internal relocation is a viable option (harder to show with children) Includes both objective and subjective components

35 On Account Of The persecution must be on account of one of the five protection grounds under the statute (often called the nexus requirement) race religion nationality membership in a particular social group political opinion

36 Examples of Common Children's Claims under PSG Recruitment as gang members based on family membership, religious convictions, or cooperation with police Child forced into prostitution or marriage Sexual orientation Harm suffered on account of family membership Vulnerability as street child/lack of parental protection Victims of domestic violence or child abuse 36

37 Membership in a Particular Social Group ( PSG ) The BIA originally defined a PSG as a group that shared a common characteristic that is: immutable or so fundamental that the individual should not be required to change them Matter of Acosta, 19 I & N Dec. 211 (BIA 1985) 37

38 Refined PSG Definition In Feb 2014, the BIA issued two decisions setting forth a 3-pronged definition of PSG (Matter of M-E-V-G and Matter of W-G-R) Share a common, immutable characteristic that either can t be changed or an individual in the group shouldn t be required to change Be sufficiently particular (with clear boundaries and not amorphous); and Be socially distinct.

39 Forced Gang Recruitment BIA Decisions Matters of MEVG & WGR (2014) are evidence based decisions Incorporate established PSGs (e.g. family, sexual orientation, child soldier) Local / Individualized fact-specific PSGs Frame claim in terms of other protected ground (e.g. political opinion, religion) 39

40 Proving Asylum Form I-589 Applicant s statement Country Condition Reports State Department Reports Articles from Amnesty International, HRW, etc Experts Country Conditions (can help solidify your PSG speak to the particularity and distinction of the group) Medical and/or psychological experts Supporting Documentation Affidavits from family members,

41 Procedure and Practice Initial jurisdiction for UACs with the Asylum Office of USCIS ( AO ). Interview with AO and child If AO does not grant, refers case back to the Immigration Court IJ considers asylum de novo, and also withholding of removal and CAT relief if requested If IJ denies, can appeal to the Board of Immigration Appeals (BIA) and Circuit Court

42 Eligibility for T Visa: Victims of Severe Forms of Trafficking in Persons Physically present in U.S. on account of trafficking Past/Present victim of severe form of trafficking in persons; and Would suffer extreme hardship involving unusual and severe harm upon removal from U.S.; and Complied with any reasonable request of law enforcement officials to assist in investigation or prosecution of trafficking. 42

43 Trafficking of Minors Domestic servants / child care Forced prostitution / sex slave in home Drug mules (across border or within US) Forced participation in extortion of family members Peonage/debt bondage by coyotes (with employment in various industries) Forced employment in commercial cleaning businesses, construction/house painting, agricultural/fishing/crabbing work 43

44 Case Study 2: Arelia s Story An Unaccompanied Child 16 Year Old Indigenous Girl from Guatemala One of 9 children Parents could not afford to raise her and gave her to an aunt Never attended school, but worked Approached by a man in her village and asked if she would like to come to the United States No $ for passage, but promised a job in Florida until she could pay him back

45 U Visa Eligibility Criteria Victim of qualifying criminal activity Criminal activity violated US law or occurred in the US Has suffered substantial physical or mental abuse Possesses information about the criminal activity Has been helpful, is helpful, or is likely to be helpful to law enforcement, judge or other agency with responsibility for investigation/prosecution 45

46 Common Crimes Felonious assault (often by peers) Domestic violence Kidnapping/abduction/held hostage Statutory rape Sexual assault 46

47 U Visas: Differences for Minors Substantial Harm The standard for substantial harm is the same for minors, but in practice, it is generally easier to show the negative effects of a crime on a child General studies showing the impact of a certain crime on a child victim may be helpful Cooperation with Law Enforcement If a victim is under age 16, his/her parent, guardian or next friend may fulfill the cooperation requirement 47

48 Prosecutorial Discretion (PD): The Basics ICE may use PD in accordance with enforcement priorities ICE may consider factors including: Positives: minors, status of family members, long presence in US, education in US, pregnancy/nursing; mental or physical illness Negatives: criminal history; egregious immigration violations; national security risk Administrative closure in itself does NOT result in any lawful status in the US, nor work authorization

49 Voluntary Departure: Wait, Wait! Don t Deport Me! Not a form of relief, but discretionary benefit Qualifications: Waive/withdraw other forms of relief Concede removability NOT have been convicted of aggravated felony Show intent to leave & ability to pay Obtain a Passport Statutory Max: 120 days to depart 49

50 Procedural Relief Challenging charging document for effectiveness May result in termination, but no status Government may reissue corrected charging document.

51 Rights of Unaccompanied Children: HAVE Attend public schools Remain silent when questioned about immigration status, country of origin, etc. Certain constitutional protections (4 th & 5 th Amendment, for ex.) DO NOT HAVE Live in the U.S. (danger of deportation) Work in the U.S. Travel outside the U.S. and return Obtain a social security number Obtain a driver s license Receive federally funded benefits (exceptions exist)

52 Red Flags Children appearing to Court without sponsors Sponsors/caretakers forcing children to work and/or not enrolling them in school Sudden disinterest in continuing on with legal case or asking about how to return home Showing up to appointments without caretaker Lack of basic necessities (no coat in the winter or shoes that are not the proper size)

53 The Impact of Homelessness to UACs Halts a case/shifts the focus May make certain types of relief impractical Could raise inadmissibility issues (public charge) Access to services (language/inability to receive certain benefits/cultural misunderstandings) Increases changes of missing notices/hearings/interviews

54 Impact on Legal Case Action No Sponsor at hearing No Sponsor Missing Interview Notice/Hearing Possible Consequence Hostile Court/Chastising Child No petitioner in State Court case if seeking SIJS Removal Order in Absentia

55 Strategies Identify Potential Issue Early on Safety Plan: Safe Address Methods of Contact End Goal (staying in the US)

56 Understanding the UAC Client: Intersection of children, immigrants, and trauma survivors. Individual: age, intelligence, education, lack of understanding of consequences, susceptible to suggestion, fear of reporting abuse/harm, limited vocab and recall of info, mistrust of adults or over reliance, trauma survivors. Familial: Mixed status families, fear of deportation; distrust of legal system/authority; cultural and linguistic barriers; economic and educational differences. Social: socioeconomics, country of origin, distrust of legal system/authority, cultural/linguistic barriers, cultural ( God is punishing me I m damaged goods. ) Trauma Survivors: memory and concentration impairment; difficulty making decisions; intrusive re-experiencing, dissociation, hyper-arousal; physical effects (insomnia, fatigue, loss of appetite, inability to speak).

57 Identify Strengths & Risks Strengths Risks Connections in ethnic community Using coping mechanisms Transportation Language acquisition Resourceful Entrepreneurial Religious/faith community Social ties (family, friends, coworkers, neighbors) Economic stability Hobbies Separation/isolation from family, friends, community, & home Economic stress Language barriers Lack of social supports Different cultural and belief systems Loss of familiar ways of living Barriers to obtaining social and legal services Power structures change (gender, economic roles, etc.) Discrimination/ minority status Trauma

58 Recognizing Signs of Trauma: Virtually All UACs are Survivors of Trauma Physical symptoms: Being startled easily Racing heartbeat Fatigue Difficulty concentrating Edginess and agitation Muscle tension Aches and pains Difficulty eating Sleep disturbances Low energy Nightmares Emotional symptoms: Fear and helplessness Sad and hopeless Unsafe Insecure Shock, denial, or disbelief Anger, irritability, resentment, mood swings Guilt, shame, self-blame Anxiety and fear Withdrawing from others/disassociation Feeling disconnected or numb Depression Numbness

59 General Considerations on Child Capacities CAPACITY: Ability to make a decision A child is assumed to have capacity to ensure that children s points of view and autonomy are preserved A child below a certain age is not presumed to lack capacity to determine his/her wishes in proceedings A child s chronological age is not determinative of developmental capacities, (case-by-case approach) Capacity is focused on the decision-making ability, not whether we agree with the child s decision Context impacts a child s capacities

60 Three Categories of Factors Impacting Child Capacities Intellectual and Cognitive Disabilities Permanent conditions, resulting from physical traumas, birth injuries or serious childhood illnesses Mental Health Disorders Diagnosable mental, behavioral, or emotional conditions that substantially interfere with or limit one or more major life activity (look to the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association (DSM-IV) Child Development Neurobiological (brain structure and growth), cognitive (understanding and reasoning), and pyschosocial (autonomy, risk-assessment, emotional and behavioral control)

61 Distinguishing Child Capacities from Other Issues of Concern physical disabilities language, vocabulary and comprehension cultural and educational background custodial, placement, and postrelease considerations trauma and migration related factors

62 Ethical Standards and Guidelines for Attorneys ABA Model Rules of Professional Conduct (6 th ed. August 2007). If the ABA Model Rules do not apply in your state, it is necessary to look up the applicable state model rules of professional conduct. ABA Standards for the Custody, Placement and Care; Legal Representation; And Adjudication of Unaccompanied Alien Children in the United States (August 2004). ABA Standards for the Representation of Children in Abuse and Neglect Proceedings (February 1996) and the ABA Model Act Governing Representation of Children in Abuse and Neglect Proceedings (To be Presented August 2014). ATTORNEYS SHOULD ALWAYS CONSULT THE ETHICAL RULES OF THE JURISDICTION BY WHICH YOU ARE BOUND AS THE SPECIFIC LANGUAGE AND OBLIGATIONS MAY VARY BY STATE.

63 Capacity to Consent to Representation and Enter into Attorney-Client Relationship Attorneys presume capacity until there is an indication of capacity concerns Children can enter an attorney-client relationship, as there is nothing that prohibits them from doing so Comment [1] to Model Rule 1.1.4: The normal client-lawyer relationship is based on assumption that the client, when properly advised and assisted, is capable of making decisions about important matters The normal client-lawyer relationship may not be possible in all respects with children. Children, even if viewed as having diminished capacity, may have the ability to understand, deliberate, and reach conclusions, including children as young as five or six years of age, and certainly those of ten and twelve, are regarded as having opinions that are entitled to weight in legal proceedings concerning their custody. Model Rule 1.0(e): Informed consent, agreement to proposed course of conduct after lawyer has communicated adequate information and explanation about material risks of and reasonably available alternatives to the proposed course of conduct

64 Capacity to Consent to Representation and Enter into Attorney-Client Relationship QUESTIONS FOR INITIAL DETERMINATION OF CONSENT Do you know which country you are in right now? Do you want to stay in the United States? Do you want me to help you try to do that? Can I help you in the courtroom or in your case? ARGUMENTS SUPPORTING CHILD CONSENT TO REPRESENTATION Due process right to be heard in proceedings, arguably tantamount to choosing counsel Analogous support for consent to representation in state family courts You may still be able to represent a client whose competency issues affect his or her ability to consent to representation

65 Client Services Agreements Continued No minimum age regarding a child s ability to comprehend and sign a client services agreement or engagement letter. Case-by-case basis. If child is found unable to comprehend, may be unenforceable and voidable as a matter of law. If an adult signs on the child s behalf, ensure that the child s adult representative is clear that the child is the client and the engagement is on behalf of the child. Both the adult and child could be clients, but consider Rule 1.7 regarding Conflicts of Interest

66 UACs Sign their Own Immigration Forms 8 C.F.R (a)(2) For immigration applications or petitions An applicant or petitioner must sign his or her application. A parent or legal guardian may sign for a child under 14 years old A legal guardian may sign for a mentally incompetent person Person signing is certifying that all evidence submitted with the application is true and correct

67 Seeking the Appointment of Child Advocate or Guardian ad litem for UACs Seek the appointment of a Child Advocate from The Young Center, USCRI, or USCCB It may also be possible to seek the appointment of a guardian ad litem in the state court Child Advocates can focus on the Best Interest

68 Where is my client? Lay groundwork before losing contact with client: Multiple methods of communication Knowing the child s network Understanding the child s greatest concerns (not related to the legal claim) Building trust (not judgment) Looking out for red flags Work versus school Sponsor challenges Peers Important decision-making points Substance abuse and coping mechanisms Approaches in court when your client disappears Withdrawal from representation Creating a record during the in absentia order

69 Rule 1.6 Confidentiality Of Information (a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b). (b) A lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary: (1) to prevent reasonably certain death or substantial bodily harm; (2) to prevent the client from committing a crime or fraud that is reasonably certain to result in substantial injury to the financial interests or property of another and in furtherance of which the client has used or is using the lawyer's services; (3) to prevent, mitigate or rectify substantial injury to the financial interests or property of another that is reasonably certain to result or has resulted from the client's commission of a crime or fraud in furtherance of which the client has used the lawyer's services; (4) to secure legal advice about the lawyer's compliance with these Rules; (5) to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which the client was involved, or to respond to allegations in any proceeding concerning the lawyer's representation of the client; (6) to comply with other law or a court order; or (7) to detect and resolve conflicts of interest arising from the lawyer s change of employment or from changes in the composition or ownership of a firm, but only if the revealed information would not compromise the attorney-client privilege or otherwise prejudice the client. (c) A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.

70 An Attorney s Duties regarding Confidentiality Protect client confidentiality and safety Protect privileged information Educate third parties (interpreters or others) to protect confidentiality and privilege Obtain client s consent/release of information as necessary

71 Social Worker/Caseworker Duty to Warn, Duty to Protect & Mandatory Reporting Duty to Warn: Social Workers have a legal obligation to warn the potential victim if they believe their client presents an imminent threat to that individual. Duty to Protect: Social Workers may also have a legal obligation to seek hospitalization for the client, to inform law enforcement of the potential threat, or to take other steps to protect the potential victim from harm. Mandatory Reporting: Social Workers have regular contact with vulnerable people such as children, disabled persons and senior citizens and are therefore legally required to report (or cause a report to be made) when abuse is observed or suspected.

72 Social Worker & Attorney Collaboration Social Workers & Attorneys Need to Ensure that each understands the obligations of the other and that each explains to clients! CONSENT TO DISCLOSURE = Inform clients that there are exceptions to confidentiality when working with a social worker that differ from those of attorneys Consider the age/development/capacity of your child client when assessing his or her ability to consent

73 Other Potential Mandatory Reporters Physicians, nurses and medical examiners Public and private school officials and employees Mental health professionals Victim s advocates Juvenile parole or probation officers State department of human services workers

74 Case Study Discussion 1 Child is 15-year-old girl from Guatemala who lives with grandmother. An attorney is assisting her in an asylum case. Grandmother calls you to say she wants the child to return to home country, she has been nothing but trouble and is lying about her fear of return to Guatemala. She refuses to care for her anymore and the child has no one to return to in home country. You speak to child and she does not want to return and complains about living with grandmother. What do you do? What factors should you consider? What do you tell grandmother? What do you tell child? 74

75 Case Study Discussion 2 Child is a 15-year-old girl from El Salvador. She is pursuing Special Immigrant Juvenile Status but does not want to continue to live with her mother who is petitioning to become her sole conservator in state court. She wants to move out of the home. - What red flags does this raise? - What options does this child have? - What considerations should you make? 75

76 Case Study Discussion 3 Mary, 16, is also pursuing SIJS case, with her distant relative as the guardian. Mary reveals to you that she has not been living with the relative for some time, and that she barely has enough to pay for groceries and basic necessities. In order to make ends meet, she has been engaging in survival sex in exchange for money. Mary wants some form of legal status so that she can work and support herself more effectively, but you know that SIJS would now be difficult since her relative is not a suitable guardian. She does not want to report anyone to the police, nor does she want to share her story with anyone else, including CPS. In addition, she blames herself for her situation and is convinced that she now has no future in the United States. What are some strategies for working with Mary in order to minimize additional trauma and ensure that she understands the options available to her? How can Mary s attorney and social workers potentially work together?

77 Who to contact: Liz Shields