[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR236.3]

[Page 439-441]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY
 
PART 236_APPREHENSION AND DETENTION OF INADMISSIBLE AND DEPORTABLE 
 
         Subpart A_Detention of Aliens Prior to Order of Removal
 
Sec.  236.3  Detention and release of juveniles.

    (a) Juveniles. A juvenile is defined as an alien under the age of 18 
years.
    (b) Release. Juveniles for whom bond has been posted, for whom 
parole has been authorized, or who have been ordered released on 
recognizance, shall

[[Page 440]]

be released pursuant to the following guidelines:
    (1) Juveniles shall be released, in order of preference, to:
    (i) A parent;
    (ii) Legal guardian; or
    (iii) An adult relative (brother, sister, aunt, uncle, grandparent) 
who is not presently in Service detention, unless a determination is 
made that the detention of such juvenile is required to secure his or 
her timely appearance before the Service or the Immigration Court or to 
ensure the juvenile's safety or that of others. In cases where the 
parent, legal guardian, or adult relative resides at a location distant 
from where the juvenile is detained, he or she may secure release at a 
Service office located near the parent, legal guardian, or adult 
relative.
    (2) If an individual specified in paragraphs (b)(1)(i) through (iii) 
of this section cannot be located to accept custody of a juvenile, and 
the juvenile has identified a parent, legal guardian, or adult relative 
in Service detention, simultaneous release of the juvenile and the 
parent, legal guardian, or adult relative shall be evaluated on a 
discretionary case-by-case basis.
    (3) In cases where the parent or legal guardian is in Service 
detention or outside the United States, the juvenile may be released to 
such person as is designated by the parent or legal guardian in a sworn 
affidavit, executed before an immigration officer or consular officer, 
as capable and willing to care for the juvenile's well-being. Such 
person must execute an agreement to care for the juvenile and to ensure 
the juvenile's presence at all future proceedings before the Service or 
an immigration judge.
    (4) In unusual and compelling circumstances and in the discretion of 
the Director of the Office of Juvenile Affairs, a juvenile may be 
released to an adult, other than those identified in paragraphs 
(b)(1)(i) through (b)(1)(iii) of this section, who executes an agreement 
to care for the juvenile's well-being and to ensure the juvenile's 
presence at all future proceedings before the Service or an immigration 
judge.
    (c) Juvenile coordinator. The case of a juvenile for whom detention 
is determined to be necessary should be referred to the ``Juvenile 
Coordinator,'' whose responsibilities should include, but not be limited 
to, finding suitable placement of the juvenile in a facility designated 
for the occupancy of juveniles. These may include juvenile facilities 
contracted by the Service, state or local juvenile facilities, or other 
appropriate agencies authorized to accommodate juveniles by the laws of 
the state or locality.
    (d) Detention. In the case of a juvenile for whom detention is 
determined to be necessary, for such interim period of time as is 
required to locate suitable placement for the juvenile, whether such 
placement is under paragraph (b) or (c) of this section, the juvenile 
may be temporarily held by Service authorities or placed in any Service 
detention facility having separate accommodations for juveniles.
    (e) Refusal of release. If a parent of a juvenile detained by the 
Service can be located, and is otherwise suitable to receive custody of 
the juvenile, and the juvenile indicates a refusal to be released to his 
or her parent, the parent(s) shall be notified of the juvenile's refusal 
to be released to the parent(s), and they shall be afforded the 
opportunity to present their views to the district director, chief 
patrol agent, Director of the Office of Juvenile Affairs or immigration 
judge before a custody determination is made.
    (f) Notice to parent of application for relief. If a juvenile seeks 
release from detention, voluntary departure, parole, or any form of 
relief from removal, where it appears that the grant of such relief may 
effectively terminate some interest inherent in the parent-child 
relationship and/or the juvenile's rights and interests are adverse with 
those of the parent, and the parent is presently residing in the United 
States, the parent shall be given notice of the juvenile's application 
for relief, and shall be afforded an opportunity to present his or her 
views and assert his or her interest to the district director, Director 
of the Office of Juvenile Affairs or immigration judge before a 
determination is made as to the merits of the request for relief.

[[Page 441]]

    (g) Voluntary departure. Each juvenile, apprehended in the immediate 
vicinity of the border, who resides permanently in Mexico or Canada, 
shall be informed, prior to presentation of the voluntary departure form 
or being allowed to withdraw his or her application for admission, that 
he or she may make a telephone call to a parent, close relative, a 
friend, or to an organization found on the free legal services list. A 
juvenile who does not reside in Mexico or Canada who is apprehended 
shall be provided access to a telephone and must in fact communicate 
either with a parent, adult relative, friend, or with an organization 
found on the free legal services list prior to presentation of the 
voluntary departure form. If such juvenile, of his or her own volition, 
asks to contact a consular officer, and does in fact make such contact, 
the requirements of this section are satisfied.
    (h) Notice and request for disposition. When a juvenile alien is 
apprehended, he or she must be given a Form I-770, Notice of Rights and 
Disposition. If the juvenile is less than 14 years of age or unable to 
understand the notice, the notice shall be read and explained to the 
juvenile in a language he or she understands. In the event a juvenile 
who has requested a hearing pursuant to the notice subsequently decides 
to accept voluntary departure or is allowed to withdraw his or her 
application for admission, a new Form I-770 shall be given to, and 
signed by the juvenile.

[62 FR 10360, Mar. 6, 1997, as amended at 67 FR 39258, June 7, 2002]