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ORANGE COUNTY SHERIFF'S OFFICE GENERAL ORDER Effective Date: April 30, 2020  Amends - GO 6.2.6 ( October 20, 2017 ) Number: 6.2.6 Distribution: All Personnel Review Month: April Reviewing Authority: SHERIFF / Legal Services Subject: Foreign E mbassy o r Consulate Notification This order consists of the following: 1. Purpose 2. Policy 3. Definitions 4. Procedures 1. Purpose The purpose of this policy is to provide guidelines for appropriately informing foreign governments when their citizens a re arrested, detained pursuant to the Baker or Marchman Act, placed with the Florida Department of Children and Families, or injured such that they die, are at risk of death, or suffer serious trauma. 2. Policy It is the policy of the agency to comply wit h treaties and agreements with foreign countries whose citizens are visiting or residing and working in the United States or its territories. 3. Definitions A. Foreign National - any citizen of a foreign country regardless of immigration status. A person who is a citizen of the United States and another country ( dual citizenship) is not included. B. Prompt Notification of Embassy or Consulate - notification by fax, e -mail, or other written document within 72 hours of the incident . Notification may be ma de by phone if followed with written confirmation within the requisite time frame. C. Multiple Citizenship – a person who is a national/ citizen of two or more countries. 4. Procedures A. Reporting deput ies are required to make consular notification s without delay as outlined in this GO when any of the following situations involving a foreign national occur : 1. Arrest ; 2. Baker or Marchma n Act detention initiated by a deputy ; 3. Serious injury , illness, or trau ma; 4. Death ; 6.2.6, Page 2 of 4 5. Placement of minors with the Department of Children and Family Services (DCF) ; or 6. Crash or wreck of foreign aircraft or ship. B. If a person has multiple citizenship and none are the United States, he or she shall be treated in accordance with the rules pertaining to each cou ntry. If the person is a citizen of the United States as well as another country, he or she may be treated simply as an American citizen. For example, consular notification is not required if the person is a United States citizen, even if his or her othe r country of citizenship mandates notification. C. Reporting deputies are required to ask the citizenship of every person arrested or taken into custody (e.g., Baker Act). When the person is a foreign national, t he reporting deputy shall prepare an Incid ent Report including at a minimum the following information . 1. The name, date of birth , place of birth (city and country ). 2. Information concerning the incident, such as the nature of the charges in an arrest case, description of aircraft crash, or caus e of injuries in a serious or traumatic injury case . In a serious or traumatic injury case, the name, address, and phone number of the applicable medical facility will be included. 3. If the person is detained through the Baker Act or Marchman Act, the d eputy shall document the information with an Incident Report. The name, location of the medical or psychological holding facilities and the phone number will be included in the report. 4. If minor children of the Foreign National are placed with D CF, con tact information (address of the assigned D CF office, D CF caseworker’s name and D CF case number and other appropriate information will be included in the report). The location of the Foreign National parent will be documented in the report, (i.e., detentio n facility, psychological holding or medi cal facility) or home country of the child). 5. All pertinent information will be included in the eve nt of an aircraft crash or shipwreck in the report. 6. A statement confirming that the deputy informed the forei gn national of his or her right to have consular officials notified and to speak to them . The statement should include the response from the foreign national, along with the date and time the foreign national was informed about his or her consular rights. If information was provided in writing, retain a copy. The fol lowing is an example from the US Department of State of such notice: As a non -US citizen who is being arrested or detained, you may request that 6.2.6, Page 3 of 4 we notify your country’s consular officers here in the United States of your situation . You may also communicate with your consular officers. A consular officer may be able to help you obtain legal representation , and may contact your family and visit you in detention, among other things. If you want us to notify your country’s consular officers , you can request this notification now, or at any time in the future. Do you want us to notify your country’s consular officers ? 7. A statement that the reporting deputy, before the end of his or her sh ift, informed the Victim Advocate via e-mail to foreignnotification@ocso fl.com . The reporting deputy’s e -mail will include the agency’s case number ; the foreign national’s name, date of birth, country; and the charges or other applicable circumstances . D.