HB 0809

1	A bill to be entitled
2	An act relating to the residency status of dependent
3	immigrant children; creating s. 39.5075, F.S.; providing
4	definitions; directing the Department of Children and
5	Family Services or a community-based care provider to
6	determine whether a dependent child is a citizen of the
7	United States and to report the information to the court;
8	providing that services to children alleged to have been
9	abused, neglected, or abandoned be provided without regard
10	to the citizenship of the child, except where alienage or
11	immigration status is explicitly set as a statutory
12	condition of coverage or eligibility; requiring the case
13	plan to include specified information; directing the
14	department or the community-based care provider to file a
15	petition with the court to determine whether the child
16	meets the criteria for special immigrant juvenile status;
17	directing the department or the community-based care
18	provider to file papers with federal authorities to adjust
19	the child's residency status; authorizing the court to
20	continue jurisdiction of a child whose residency status is
21	being considered by federal authorities; requiring that
22	certain information be given to the court; directing the
23	department to adopt rules; providing an effective date.
24
25	Be It Enacted by the Legislature of the State of Florida:
26
27	Section 1.  Section 39.5075, Florida Statutes, is created
28	to read:
29	39.5075  Citizenship or residency status for immigrant
30	children who are dependents.--
31	(1)  As used in this section, the term:
32	(a)  "Eligible for long-term foster care" means that
33	reunification with a child's parent is not an appropriate option
34	for permanency for the child.
35	(b)  "May be eligible for special immigrant juvenile status
36	under federal law" means:
37	1.  The child has been found dependent based on allegations
38	of abuse, neglect, or abandonment;
39	2.  The child is eligible for long-term foster care;
40	3.  It is in the best interest of the child to remain in
41	the United States; and
42	4.  The child remains under the jurisdiction of the
43	juvenile court.
44	(2)  Whenever a child is adjudicated dependent, the
45	department or community-based care provider shall determine
46	whether the child is a citizen of the United States. The
47	department or community-based care provider shall report to the
48	court in its first judicial review concerning the child whether
49	the child is a citizen of the United States and, if not, the
50	steps that have been taken to address the citizenship or
51	residency status of the child. Services to children alleged to
52	have been abused, neglected, or abandoned must be provided
53	without regard to the citizenship of the child except where
54	alienage or immigration status is explicitly set forth as a
55	statutory condition of coverage or eligibility.
56	(3)  If the child is not a citizen, the department or
57	community-based care provider shall include in the case plan
58	developed for the child a recommendation as to whether the
59	permanency plan for the child will include remaining in the
60	United States. If the case plan calls for the child to remain in
61	the United States, and the child is in need of documentation to
62	effectuate this plan, the department or community-based care
63	provider must evaluate the child's case to determine whether the
64	child may be eligible for special immigrant juvenile status
65	under federal law.
66	(4)  If the child may be eligible for special immigrant
67	juvenile status, the department or community-based care provider
68	shall petition the court for an order finding that the child
69	meets the criteria for special immigrant juvenile status. The
70	ruling of the court on this petition must include findings as to
71	the express wishes of the child, if the child is able to express
72	such wishes, and any other circumstances that would affect
73	whether the best interest of the child would be served by
74	applying for special immigrant juvenile status.
75	(5)  No later than 60 days after an order finding that the
76	child is eligible for special immigrant juvenile status and that
77	applying for this status is in the best interest of the child,
78	the department or community-based care provider shall, directly
79	or through volunteer or contracted legal services, file a
80	petition for special immigrant juvenile status and the
81	application for adjustment of status to the appropriate federal
82	authorities on behalf of the child.
83	(6)  If a petition and application have been filed and the
84	petition and application have not been granted by the time the
85	child reaches 18 years of age, the court may retain jurisdiction
86	over the dependency case solely for the purpose of allowing the
87	continued consideration of the petition and application by
88	federal authorities. Review hearings for the child shall be set
89	solely for the purpose of determining the status of the petition
90	and application. The court's jurisdiction terminates upon the
91	final decision of the federal authorities. Retention of
92	jurisdiction in this instance does not affect the services
93	available to a young adult under s. 409.1451. The court may not
94	retain jurisdiction of the case after the immigrant child's 22nd
95	birthday.
96	(7)  In any judicial review report provided to the court
97	for a child for whom the court has granted the order described
98	in subsection (4), the court shall be advised of the status of
99	the petition and application process concerning the child.
100	(8)  The department shall adopt rules to administer this
101	section.
102	Section 2.  This act shall take effect July 1, 2005.

CODING: Words stricken are deletions; words underlined are additions.