House Bill hb0675

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    Florida House of Representatives - 2001                 HB 675

        By Representatives Lerner, Detert, Ritter, Henriquez,
    Greenstein, Heyman, Sobel and Meadows





  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 (8) of section 39.013,

18  Florida Statutes, 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 - 2001                 HB 675

    778-106-01






  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, or 23 years of age if they are

  9  receiving foster care service.

10         (8)  For any child who remains in the custody of the

11  department, the court shall, within the month which

12  constitutes the beginning of the 6-month period before the

13  child's 18th birthday, hold a hearing to review the progress

14  of the child while in the custody 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, is amended to read:

20         409.145  Care of children.--

21         (3)

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

23  continue for those individuals 18 to 23 21 years of age only

24  for the period of time the individual is continuously enrolled

25  in high school, junior college, college, or in a program

26  leading to a high school equivalency diploma as defined in s.

27  229.814, or in a full-time career education program; and shall

28  continue for those individuals 18 to 23 years of age only for

29  the period of time the individual is continuously enrolled

30  full-time in a postsecondary educational institution granting

31  a degree, a certificate, or an applied technology diploma.

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    Florida House of Representatives - 2001                 HB 675

    778-106-01






  1  Services may shall be terminated upon completion of or

  2  withdrawal or permanent expulsion from high school, the

  3  program leading to a high school equivalency, junior college,

  4  or college diploma, the full-time career education program, or

  5  the postsecondary educational institution granting a degree, a

  6  certificate, or an applied technology diploma. In addition,

  7  the department may, based upon the availability of funds,

  8  provide assistance to those individuals who leave foster care

  9  when they attain 18 years of age and subsequently request

10  assistance prior to their 21st birthday. The following are

11  examples of assistance that may be provided: referrals for

12  employment, services for educational or vocational

13  development, and housing assistance.

14         Section 3.  This act shall take effect July 1, 2001.

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17                          HOUSE SUMMARY

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      Provides for circuit court jurisdiction in dependency
19    proceedings where a child is receiving foster care
      services until the child reaches age 23. Provides for an
20    annual review during the period a child remains in the
      custody of the Department of Children and Family
21    Services. Eliminates a requirement that foster care
      services be terminated upon a child's leaving an
22    educational program. See bill for details.

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