Unaccompanied Refugee Minor (URM) Program

[69-211.5, 69-213, and 69-213.8]

The URM Program provides culturally and linguistically appropriate Child Welfare, Foster Care, and Independent Living services to minors who do not have parents in the United States (U.S.), or who enter the U.S. unaccompanied by a parent, an immediate adult relative, or an adult having documents to verify custody of the minor. These minors enter the U.S. in several different ways, but are designated into the URM Program by the Federal ORR and are eligible for the URM Program based on their status as a refugee, listed below. These minors do not enter the state’s child welfare system because they are usually not removed from the home due to abuse or neglect, or through a voluntary agreement.

California has three URM Program service providers who contract with the CDSS: CCSCC, Crittenton Services for Children and Families (Crittenton) in Orange County, and ICA in Sacramento County. These service providers place URM youth with certified foster parents in neighboring counties.

The Unaccompanied refugee children are eligible for payment under the Foster Care Program. The time limit applicable to RCA cases does not apply. Refer to Foster Care Handbook URM Program for more information.

Refugee children who have been legally adopted by U.S. citizens are not eligible for assistance under RCA.

Definitions

Refugee Minor

An Unaccompanied Refugee Minor (URM) is a refugee who:

  • Meets the age requirements of CalWORKs (Refer to Age Requirements)
  • Entered the U.S. unaccompanied by and not destined to:
    • A parent; or
    • A close non-parental adult relative who is willing and able to care for the child as defined in EAS section 80-301(c)(1); or
    • An adult with a clear and court-verifiable claim to custody of the minor.
  • Has no parent(s) or other adult relative in the U.S.

A refugee minor may retain Unaccompanied Minor status only as long as the refugee has no known immediate adult relative(s) in the U.S.

The refugee minor may become “unaccompanied” after arrival in the U.S. This may occur in situations where the refugee minor entered the U.S. with a person(s) claiming to be the minor's parent(s) or other immediate adult relative(s), and it was later discovered that the person(s) was/were not who they claimed to be. In these situations, the child will be eligible for cash assistance as an URM as long as there is no parent or other immediate adult relative in the U.S.

Cuban/Haitian Entrant Minor

[69-305]

An Unaccompanied Cuban/Haitian Entrant Minor (UEM) is a child who:

  • Meets the age requirements of CalWORKs (Refer to Age Requirements),
  • Entered the U.S. unaccompanied by a parent, other immediate adult relative (grandparent, aunt, uncle, sibling), or an adult having legal evidence of custody of the minor, and
  • Has no parent in the U.S.

The entrant minor is not eligible as an UEM if they became “unaccompanied” after arrival in the U.S. This may occur in situations where the entrant minor entered the U.S. with a person(s) claiming to be the minor's parent(s) or other immediate adult relative(s), and it was later discovered that the person(s) was/were not who they claimed to be.

Types of Unaccompanied Minors Eligible for the URM Program

  1. Refugee Minors: These are refugee children who are identified overseas and enter the U.S. prior to their 18th birthday, without a parent or appropriate caregiver to provide for them.
  2. Asylee Minors: Minors who are granted asylum in the U.S. and have no family to care for them. This includes minors granted asylum by an immigration judge, as well as minors granted asylum by USCIS.
  3. Amerasian and Cuban/Haitian Entrants: Minors who enter the U.S. as entrants or Amerasians (non-citizens fathered by U.S. citizens). The Cuban/Haitian minors are known as Unaccompanied Cuban/Haitian Entrant Minors (UEMs), but follow the same placement requirements of URMs [69.305].
  4. Victims of Severe Form of Trafficking: Minors who are involved in a severe form of trafficking, which involves some form of forced labor or prostitution. This population may be granted a “T-Visa” with the ORR approval letter.
  5. Inaccurate Age Cases: Minors sometimes enter the U.S. with documents erroneously identified as adults. Through established procedures by ORR, these minors are eligible for the URM Program.
  6. Special Immigrant Juvenile (SIJ) Status for URMs: Some children in the U.S. without legal immigration status may be in need of protection because they have been abused, abandoned, or neglected by a parent. SIJ is an immigration classification that may allow these vulnerable children to immediately apply for LPR status. This population is awarded a U-Visa and is eligible for services under the URM Program.

The URM Program and Legal Responsibility

Unlike state foster care, ORR Regulations do not require an URM youth to be placed in the care and custody of the state. ORR regulations require states to ensure legal responsibility, including legal custody and/or guardianship, is established for each URM youth.

In California, legal responsibility for youth in the URM Program is established by the creation of a private, probate guardianship, with a contracted URM Program service provider. The providers place the youth with licensed or certified foster parents, licensed group homes, etc. These youth are considered to be in a foster care program, even when legal responsibility is established through the guardianship with a private agency.

Verification of Immigration Status and Forms

The following verification for immigration status provided by CCSCC will include:

  • “Letter of designation from the Refugee Program Bureau” (RPB) ORR, or
  • URM verification/approval letter from CDSS, and
  • A Social Security Number (SSN), and

    • Note: The EW must not delay or deny services for otherwise eligible URMs who fail to furnish their SSN. If the applicant has not been issued a SSN, normal rules for obtaining a SSN apply. The EW must update MEDS when the SSN is provided.

  • Immigration status information and/or an immigration document, such as USCIS Form I-94-Welcome to the U.S. Arrival/Departure Record.

    • Note: The EW must not delay or deny services for otherwise eligible URMs who fail to furnish their immigration status. The EW must update MEDS when the immigration status is provided.

Along with the above verification, CCSCC must provide the following DHCS forms:

  • Application and Statement of Facts for Child Not Living with a Parent or Relative and for whom a Public Agency is Assuming some Financial Responsibility (MC 250) for youth under the age of 18 or youth participating in Extended Foster Care (EFC), or
  • Application for Medi-Cal for Former Foster Care Youth (MC 250A) for youth eligible for Former Foster Care (FFY) Medi-Cal.

Reunification

Refugee Minor

When it is discovered that a parent or other immediate adult relative is residing in the U.S., the refugee minor is no longer eligible as an Unaccompanied Minor under the RCA-Foster Care (FC) Program.

If the refugee minor is reunited with a parent or other immediate adult relative, the EW must explore the appropriateness of including the minor in the Assistance Unit (AU) of the responsible relative or establishing a CalWORKs non-needy relative case for the minor.

If reunification efforts are unsuccessful, the child's eligibility for CalWORKs-FC must be explored.

Cuban/Haitian Entrant Minor

If a parent is found to reside in the U.S., the EW must discontinue Unaccompanied Minor payments.

If the entrant minor is reunited with a parent, the EW must explore the appropriateness of including the minor in the parent's AU.

If reunification efforts are unsuccessful, the minor's eligibility for CalWORKs-FC must be explored.

If an immediate adult relative, other than a parent(s), is found to reside in the U.S., the entrant minor retains Unaccompanied Minor status and eligibility for Unaccompanied Minor payments continues, whether or not they go to live with the relative.

Time Eligibility

Refugee/Entrant

URMs and UEMs are not subject to the time limitation provisions of the Refugee Resettlement Program (RRP).

Federal reimbursement for assistance and services provided to Unaccompanied Minors is available for as long as the minor meets the age requirements for CalWORKs.

When the child no longer meets these requirements, eligibility for other assistance programs must be determined, and time eligibility must then be considered.

URM Application Process

Social Workers from the CCSCC, Crittenton, or ICA URM service providers submit Medi-Cal applications to the appropriate county social services agency on behalf of children placed with their agency in the URM Program. Typically, these applications that are mailed in will be accompanied by a coversheet that identifies the applying individual as a representative of CCSCC, Crittenton, or ICA. In addition, the application needs to include an approval letter from ORR to confirm that the child is a federal URM Program participant if the child is in any of the following immigration statuses:

  • Asylee
  • Cuban/Haitian entrant
  • Victim of human trafficking (T-Visa)
  • Non-citizen victims of domestic violence and other serious crimes who have been granted a U-Visa
  • Youth who have been granted SIJ Status.

The ORR does not provide URM youth who are in refugee status with an approval letter. The Social Worker will provide a verification letter from the CDSS as proof of URM Program eligibility for refugees.

Applications submitted on behalf of an URM are referred and processed by Foster Care.

If an application is submitted on behalf of a child who has not been designated as an URM by ORR, then the application is to be processed as a regular application, exploring appropriate caretaker relative rules.

When the minor lives with an adult who is not considered a caretaker relative under CalWORKs regulations, the application may be referred to Foster Care. When there is no legal custody (guardianship must be registered in a California court), refer the applicant to legal assistance to seek legal guardianship.

For youth who may be eligible for the URM Program, the caretaker relative or other adult may call the ORR National Call Center at 1 (800)203-7001 for assistance with housing or potential referral to the URM Program.

Related Topics

Refugee Programs