House Bill 2155

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    Florida House of Representatives - 1999                HB 2155

        By Representative Bullard






  1                      A bill to be entitled

  2         An act relating to juveniles; amending s.

  3         39.013, F.S.; providing for circuit court

  4         jurisdiction in dependency proceedings until

  5         the child reaches a specified age; providing

  6         for an annual review during the time a child

  7         remains in the custody of or under the

  8         supervision of the Department of Children and

  9         Family Services; amending s. 409.145, F.S.;

10         deleting a requirement that foster care

11         services be terminated upon a child's leaving

12         an educational program; providing an effective

13         date.

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15  Be It Enacted by the Legislature of the State of Florida:

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17         Section 1.  Subsections (2) and (7) of section 39.013,

18  Florida Statutes, 1998 Supplement, are amended to read:

19         39.013  Procedures and jurisdiction; right to

20  counsel.--

21         (2)  The circuit court shall have exclusive original

22  jurisdiction of all proceedings under this chapter, of a child

23  voluntarily placed with a licensed child-caring agency, a

24  licensed child-placing agency, or the department, and of the

25  adoption of children whose parental rights have been

26  terminated pursuant to this chapter. Jurisdiction attaches

27  when the initial shelter petition, dependency petition, or

28  termination of parental rights petition is filed or when a

29  child is taken into the custody of the department. The circuit

30  court may assume jurisdiction over any such proceeding

31  regardless of whether the child was in the physical custody of

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    Florida House of Representatives - 1999                HB 2155

    546-172A-99






  1  both parents, was in the sole legal or physical custody of

  2  only one parent, caregiver, or some other person, or was in

  3  the physical or legal custody of no person when the event or

  4  condition occurred that brought the child to the attention of

  5  the court. When the court obtains jurisdiction of any child

  6  who has been found to be dependent, the court shall retain

  7  jurisdiction, unless relinquished by its order, until the

  8  child reaches 18 years of age, and may retain jurisdiction of

  9  such individual until he or she reaches 21 years of age.

10         (7)  For any child who remains in the custody or under

11  the supervision of the department, the court shall, within the

12  6-month period before the child's 18th birthday, hold a

13  hearing to review the progress of the child while in the

14  custody or under the supervision of the department.

15  Thereafter, an annual review shall be conducted during the

16  time the child remains in the custody of or under the

17  supervision of the department.

18         Section 2.  Paragraph (b) of subsection (3) of section

19  409.145, Florida Statutes, 1998 Supplement, is amended to

20  read:

21         409.145  Care of children.--

22         (3)

23         (b)  The services of the foster care program shall

24  continue for those individuals 18 to 21 years of age only for

25  the period of time the individual is continuously enrolled in

26  high school, in a program leading to a high school equivalency

27  diploma as defined in s. 229.814, or in a full-time career

28  education program. Services may shall be terminated upon

29  completion of or withdrawal or permanent expulsion from high

30  school, the program leading to a high school equivalency

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    Florida House of Representatives - 1999                HB 2155

    546-172A-99






  1  diploma, or the full-time career education program, subject to

  2  the review of the juvenile court.

  3         Section 3.  This act shall take effect July 1, 1999.

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  6                       LEGISLATIVE SUMMARY

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      Retains court jurisdiction, unless relinquished by court
  8    order, until the child reaches the age of 18. Provides
      that, under certain conditions, the court may retain
  9    jurisdiction until the person reaches the age of 21.

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      Sets a standard for when and under what set of
11    circumstances the department's decision to terminate
      service is subject to the review of the juvenile court.
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