Family Preparedness Plan: How to Protect Your Children If a Parent Is Detained.

By Melisa Peña, Esq., Founding Partner

No parent wants to picture being separated from their children. But for many immigrant families in Miami and across South Florida, a parent being detained by immigration authorities is no longer something that only happens to other people, and the families who get through it with the least harm to their children are almost always the ones who prepared first.

When parents sit down with us to talk about this, the first worry is nearly always the same one: who picks up my kids from school? It's the right question, and it has a practical answer. A family preparedness plan is a set of decisions and documents, put together ahead of time, that tells everyone (your children, your caregiver, the school, the pediatrician) who is in charge if you suddenly can't be there. It makes sense whether you have a pending case, have received a Notice to Appear, or have no immigration case at all.

It helps to think of it like the fire escape map posted on the back of a hotel room door. Nobody checks in expecting a fire, and reading the map doesn't make one more likely. But if the alarm ever sounds, the people who already know where the exits are move calmly while everyone else searches in the dark. A preparedness plan does the same for a family, and making one isn't a prediction that anything will go wrong.

Why a Plan Matters More Than Ever Right Now

In July 2025, U.S. Immigration and Customs Enforcement (ICE) issued a new policy on how officers handle the arrest, detention, and removal of parents and legal guardians of minor children. It's known as Directive 11064.4, dated July 2, 2025, and it replaced an earlier 2022 version. Under the current policy, ICE says it aims to avoid unnecessarily interfering with parents' legal rights, and it describes procedures for visitation in detention and for letting detained parents take part in family court and child welfare proceedings.

What the policy doesn't do is promise that a parent will be released, held close to home, or given time to arrange child care. Advocacy organizations have described the 2025 version as weaker than the one it replaced, and ICE itself states the directive is internal guidance that can change at any time without notice. Put simply, the government's policy is not a plan for your family. Your plan is.

Step One: Choose a Caregiver, and a Backup

Everything else depends on this decision. The right caregiver is someone your children already know and feel safe with, who lives close enough to reach them the same day, and who is willing to take on the responsibility for weeks or even months.

• Think about stability, not just love. If possible, choose someone whose own immigration status is secure, such as a U.S. citizen or permanent resident, so the plan isn't exposed to the same risk you're planning for.

• Name a backup. People move, get sick, or have their own emergencies. A second trusted adult, identified in writing, keeps the plan from falling apart if your first choice isn't reachable.

• Have the actual conversation. Walk your caregiver through your children's routines, medical needs, and school details, and show them where your documents are kept. Then talk with your children in a way that fits their age, focusing on who will take care of them rather than on what might happen to you.

The Florida Documents That Give Your Caregiver Real Authority

A caregiver can love your children completely and still be told no by a school office or a doctor's front desk. Paperwork changes that answer, and Florida offers several tools that work differently.

A notarized caregiver authorization. This signed, notarized document names the adult allowed to care for your children and handle everyday decisions. It isn't filed with any court, and schools and providers aren't always required to accept it, so it works best alongside the documents below.

Medical consent. Under Florida Statute 743.0645, when a doctor can't reach a parent after a reasonable attempt, a health care surrogate or a person holding a power of attorney to give medical consent for the child is first in line to approve ordinary medical and dental care, ahead of a stepparent, grandparent, or adult sibling. A power of attorney signed after July 1, 2001 also covers medically necessary surgery and general anesthesia unless the parent excludes them. Florida also lets parents designate a health care surrogate for a minor under Florida Statute 765.2035.

Temporary or concurrent custody for relatives. Chapter 751 of the Florida Statutes lets an "extended family member" ask a circuit court for custody, meaning court-recognized authority to enroll a child in school, consent to medical care, and get the child's records. That term covers close relatives such as grandparents, aunts, and uncles, a stepparent married to the child's parent, and "fictive kin" (someone unrelated who has a family-like bond with the child). With the parents' signed, notarized consent, and unless a parent objects, the court grants custody when it's in the child's best interest. Concurrent custody means the relative shares authority with you rather than replacing you.

Myth: If I sign custody papers for a relative, I'm signing away my children.

Reality: Florida's concurrent custody orders must expressly state that they don't affect a parent's ability to get physical custody of the child back at any time, and the court must end a concurrent custody order if either parent objects. A temporary custody order ends when the court finds the parent fit or the parties agree.

These tools add to a caregiver's authority. They don't take away yours. One caution about advice you may see online: Florida's standby guardianship law, Florida Statute 744.304, and similar "preneed" guardian designations are built around a parent's death or legal incapacity. Because of that, they may not take effect if a parent is detained. They can still belong in a complete plan, but they shouldn't be the only document you rely on.

Not sure which of these documents fits your family? We can walk through your situation and help you choose. Our team speaks English, Spanish, and Haitian Creole. Call us at 305-615-1005 or visit www.jp-lawgroup.com.

Build a Family Document Folder

Next, gather everything your caregiver would need into one folder. Give them a copy, keep one yourself, and store originals somewhere safe that someone else can reach.

• Your children's identity documents. Include birth certificates, Social Security cards, and passports, or copies of each.

• U.S. passports for citizen children. For a child under 16, both parents generally must apply in person, or the parent who can't attend signs a notarized consent form (Form DS-3053). That consent expires 90 days after it's notarized, so it can't be signed years ahead. Many families apply now, while both parents are available.

• Your own immigration information. Write down your A-number (the Alien Registration Number, usually nine digits, printed on most immigration documents), and keep copies of your notices and your attorney's name and phone number. The A-number is often the fastest way for family to find you if you're taken into custody.

• Medical details. List your children's doctors, medications, allergies, and insurance information.

• School information. Add the school's contact details, and update your children's emergency contacts and authorized pickup list using the school's own process, since each school handles this differently.

• Household and money matters. Note who can pay rent and bills, and how, so your children's home stays stable.

Finally, make sure your children and your caregiver have the key phone numbers memorized, not just saved. A person who is detained may not have access to their phone.

If a Parent Is Detained: What to Do in the First 48 Hours

1. Make sure the children are safe and with the caregiver. Keep their routine as normal as possible.

2. Locate your family member. ICE's Online Detainee Locator System lets you search by A-number and country of birth, or by full name and country of birth. Someone who was just detained may not appear right away, so keep checking.

3. Call an immigration attorney immediately. Time matters, and an immigration attorney can find out where the person is being held, what charges or orders apply, and whether a bond hearing is possible.

4. Put the caregiver documents to work. Share copies with the school and the children's doctor so the caregiver can act without delay.

5. Talk to the children honestly. Keep it simple, tell them who is taking care of them, and avoid promises you can't be sure of, like a date the parent will be home.

A few things to avoid in those first days:

• Don't sign anything you don't understand. A detained parent may be handed papers that affect their case. Ask to speak with an attorney first.

• Don't pay anyone who promises a quick release. Families in crisis are a favorite target of notarios and other scammers who charge large fees for help they can't legally give.

• Don't post details on social media. Share information about the detention and the children privately with family and your attorney.

Legal Guidance You Can Trust

Parents who come to us about this rarely start with a legal question. They start with a picture: a child waiting at the school gate and no one coming. Once that fear is said out loud, the conversation usually turns hopeful, because most of what protects a child in that moment can be arranged in advance.

What goes wrong is usually not dramatic. It's a caregiver who was never given written authority, a relative who can't approve a doctor's visit, a plan that lived only in a parent's head, or documents bought from someone who isn't a lawyer and don't hold up when they're needed.

At Jarbath Peña Law Group, preparedness planning sits right where our two practice areas meet. Our immigration team looks at the parent's own case and options, and our family law team helps put the Florida caregiver and custody documents in place, so the plan fits together instead of being built in pieces. We work with families across Miami and South Florida in English, Spanish, and Haitian Creole.

A plan you never have to use isn't wasted. It's a promise your children never have to find out you made.

Frequently Asked Questions

Does making a preparedness plan put my family on ICE's radar?

Not by itself. A notarized caregiver authorization and a medical power of attorney are private documents that aren't filed with any government agency. A Chapter 751 custody petition is different: it's filed in circuit court, becomes part of a court record, and requires formal notice to the child's parents under Florida Statute 751.04.

Can my caregiver be someone without legal immigration status?

It depends on which document you use, and on how much risk you're willing to accept. Florida's temporary custody statute doesn't list immigration status as a requirement, and a notarized authorization can name any adult you trust. The practical concern is that a caregiver who could also be detained may not be available when your children need them.

What if my children's other parent and I are separated or divorced?

Your existing custody orders still control, and the other parent keeps their rights. If you share parental responsibility, the other parent may be the natural first choice to care for the children, and a relative's Chapter 751 petition requires notice to both legal parents. It's worth reviewing your parenting plan as part of your preparedness planning so the two don't conflict.

If I'm deported, can I take my U.S. citizen children with me?

That decision belongs to you, but it comes with legal steps. Your children will need U.S. passports to return someday, and some may qualify for citizenship in your home country through its consulate. If you have a court-ordered parenting plan, moving a child away can require the other parent's agreement or court approval under Florida's relocation rules.

How often should I update the plan?

At least once a year, and any time something changes: a new school, a caregiver who moves, a new baby, or a development in your immigration case. A caregiver authorization that names someone who has since moved away, or a pickup list with an old phone number, won't help when it's needed.

Will my children end up in foster care if I'm detained?

Not automatically, and a plan is the best way to prevent it. When a trusted adult is ready to step in with written authority, children can usually stay with family. The risk rises when no caregiver can be reached or no one has the paperwork to act, because that's when Florida's child welfare system may become involved.

Ready to put a plan in place for your family while there's time to do it calmly? Contact Jarbath Peña Law Group today at 305-615-1005 or visit us at www.jp-lawgroup.com for a consultation. We'll help make sure your children always have someone in charge.

This article is for general information and is not legal advice.