Senate Bill sb0498er

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    ENROLLED

    2005 Legislature                                        SB 498



  1                                 

  2         An act relating to the residency status of

  3         dependent immigrant children; creating s.

  4         39.5075, F.S.; providing definitions; directing

  5         the Department of Children and Family Services

  6         or a community-based care provider to determine

  7         whether a dependent child is a citizen of the

  8         United States and to report the information to

  9         the court; providing that services to children

10         alleged to have been abused, neglected, or

11         abandoned be provided without regard to the

12         citizenship of the child except where alienage

13         or immigration status is explicitly set as a

14         statutory condition of coverage or eligibility;

15         requiring the case plan to include specified

16         information; directing the department or the

17         community-based care provider to file a

18         petition with the court to determine whether

19         the child meets the criteria for special

20         immigrant juvenile status; directing the

21         department or the community-based care provider

22         to file papers with federal authorities to

23         adjust the child's residency status;

24         authorizing the court to continue jurisdiction

25         of a child whose residency status is being

26         considered by federal authorities; requiring

27         that certain information be given to the court;

28         directing the department to adopt rules;

29         providing an effective date.

30  

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


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    ENROLLED

    2005 Legislature                                        SB 498



 1         Section 1.  Section 39.5075, Florida Statutes, is

 2  created to read:

 3         39.5075  Citizenship or residency status for immigrant

 4  children who are dependents.--

 5         (1)  As used in this section, the term:

 6         (a)  "Eligible for long-term foster care" means that

 7  reunification with a child's parent is not an appropriate

 8  option for permanency for the child.

 9         (b)  "May be eligible for special immigrant juvenile

10  status under federal law" means:

11         1.  The child has been found dependent based on

12  allegations of abuse, neglect, or abandonment;

13         2.  The child is eligible for long-term foster care;

14         3.  It is in the best interest of the child to remain

15  in the United States; and

16         4.  The child remains under the jurisdiction of the

17  juvenile court.

18         (2)  Whenever a child is adjudicated dependent, the

19  department or community-based care provider shall determine

20  whether the child is a citizen of the United States. The

21  department or community-based care provider shall report to

22  the court in its first judicial review concerning the child

23  whether the child is a citizen of the United States and, if

24  not, the steps that have been taken to address the citizenship

25  or residency status of the child. Services to children alleged

26  to have been abused, neglected, or abandoned must be provided

27  without regard to the citizenship of the child except where

28  alienage or immigration status is explicitly set forth as a

29  statutory condition of coverage or eligibility.

30         (3)  If the child is not a citizen, the department or

31  community-based care provider shall include in the case plan


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    ENROLLED

    2005 Legislature                                        SB 498



 1  developed for the child a recommendation as to whether the

 2  permanency plan for the child will include remaining in the

 3  United States. If the case plan calls for the child to remain

 4  in the United States, and the child is in need of

 5  documentation to effectuate this plan, the department or

 6  community-based care provider must evaluate the child's case

 7  to determine whether the child may be eligible for special

 8  immigrant juvenile status under federal law.

 9         (4)  If the child may be eligible for special immigrant

10  juvenile status, the department or community-based care

11  provider shall petition the court for an order finding that

12  the child meets the criteria for special immigrant juvenile

13  status. The ruling of the court on this petition must include

14  findings as to the express wishes of the child, if the child

15  is able to express such wishes, and any other circumstances

16  that would affect whether the best interests of the child

17  would be served by applying for special immigrant juvenile

18  status.

19         (5)  No later than 60 days after an order finding that

20  the child is eligible for special immigrant juvenile status

21  and that applying for this status is in the best interest of

22  the child, the department or community-based care provider

23  shall, directly or through volunteer or contracted legal

24  services, file a petition for special immigrant juvenile

25  status and the application for adjustment of status to the

26  appropriate federal authorities on behalf of the child.

27         (6)  If a petition and application have been filed and

28  the petition and application have not been granted by the time

29  the child reaches 18 years of age, the court may retain

30  jurisdiction over the dependency case solely for the purpose

31  of allowing the continued consideration of the petition and


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    ENROLLED

    2005 Legislature                                        SB 498



 1  application by federal authorities. Review hearings for the

 2  child shall be set solely for the purpose of determining the

 3  status of the petition and application. The court's

 4  jurisdiction terminates upon the final decision of the federal

 5  authorities. Retention of jurisdiction in this instance does

 6  not affect the services available to a young adult under s.

 7  409.1451. The court may not retain jurisdiction of the case

 8  after the immigrant child's 22nd birthday.

 9         (7)  In any judicial review report provided to the

10  court for a child for whom the court has granted the order

11  described in subsection (4), the court shall be advised of the

12  status of the petition and application process concerning the

13  child.

14         (8)  The department shall adopt rules to administer

15  this section.

16         Section 2.  This act shall take effect July 1, 2005.

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