Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SPB 7018
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  10/22/2015           .                                

       The Committee on Children, Families, and Elder Affairs (Detert)
       recommended the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 102 and 103
    4  insert:
    5         Section 1. Section 39.01, Florida Statutes, is amended to
    6  read:
    7         39.01 Definitions.—When used in this chapter, unless the
    8  context otherwise requires:
    9         (20) "Conditions for return" means the circumstances that
   10  caused the out-of-home placement have been remedied to the
   11  extent that the return of the child to the home with an in-home
   12  safety plan will not be detrimental to the child's safety, well
   13  being, and physical, mental and emotional health.
   14         Section 2. Subsection (2) of section 39.013, Florida
   15  Statutes, is amended to read:
   16         39.013 Procedures and jurisdiction; right to counsel.—
   17         (2) The circuit court has exclusive original jurisdiction
   18  of all proceedings under this chapter, of a child voluntarily
   19  placed with a licensed child-caring agency, a licensed child
   20  placing agency, or the department, and of the adoption of
   21  children whose parental rights have been terminated under this
   22  chapter. Jurisdiction attaches when the initial shelter
   23  petition, dependency petition, or termination of parental rights
   24  petition, or a petition for an injunction to prevent child abuse
   25  issued pursuant to s. 39.504, is filed or when a child is taken
   26  into the custody of the department. The circuit court may assume
   27  jurisdiction over any such proceeding regardless of whether the
   28  child was in the physical custody of both parents, was in the
   29  sole legal or physical custody of only one parent, caregiver, or
   30  some other person, or was not in the physical or legal custody
   31  of any person when the event or condition occurred that brought
   32  the child to the attention of the court. When the court obtains
   33  jurisdiction of any child who has been found to be dependent,
   34  the court shall retain jurisdiction, unless relinquished by its
   35  order, until the child reaches 21 years of age, with the
   36  following exceptions:
   37         (a) If a young adult chooses to leave foster care upon
   38  reaching 18 years of age.
   39         (b) If a young adult does not meet the eligibility
   40  requirements to remain in foster care under s. 39.6251 or
   41  chooses to leave care under that section.
   42         (c) If a young adult petitions the court at any time before
   43  his or her 19th birthday requesting the court’s continued
   44  jurisdiction, the juvenile court may retain jurisdiction under
   45  this chapter for a period not to exceed 1 year following the
   46  young adult’s 18th birthday for the purpose of determining
   47  whether appropriate services that were required to be provided
   48  to the young adult before reaching 18 years of age have been
   49  provided.
   50         (d) If a petition for special immigrant juvenile status and
   51  an application for adjustment of status have been filed on
   52  behalf of a foster child and the petition and application have
   53  not been granted by the time the child reaches 18 years of age,
   54  the court may retain jurisdiction over the dependency case
   55  solely for the purpose of allowing the continued consideration
   56  of the petition and application by federal authorities. Review
   57  hearings for the child shall be set solely for the purpose of
   58  determining the status of the petition and application. The
   59  court’s jurisdiction terminates upon the final decision of the
   60  federal authorities. Retention of jurisdiction in this instance
   61  does not affect the services available to a young adult under s.
   62  409.1451. The court may not retain jurisdiction of the case
   63  after the immigrant child’s 22nd birthday.
   64         (e) If a young adult with a disability remains in foster
   65  care, jurisdiction shall continue until the young adult chooses
   66  to leave foster care or upon the young adult reaching 22 years
   67  of age, whichever occurs first.
   69  ================= T I T L E  A M E N D M E N T ================
   70  And the title is amended as follows:
   71         Delete line 2
   72  and insert:
   73         An act relating to child welfare; amending s.
   74         39.01,F.S.; defining term; amending s. 39.013, F.S.;
   75         extending court jurisdiction to age 22 for young
   76         adults with disabilities in foster care; amending s.
   77         39.402,