Florida Statute 39.5075 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 39
PROCEEDINGS RELATING TO CHILDREN

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F.S. 39.5075

39.5075 Citizenship or residency status for immigrant children who are dependents.—

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

(a) “Eligible for long-term foster care” means that reunification with a child’s parent is not an appropriate option for permanency for the child.

(b) “May be eligible for special immigrant juvenile status under federal law” means:

1. The child has been found dependent based on allegations of abuse, neglect, or abandonment;

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

3. It is in the best interest of the child to remain in the United States; and

4. The child remains under the jurisdiction of the juvenile court.

(2) Whenever a child is adjudicated dependent, the department or community-based care provider shall determine whether the child is a citizen of the United States. The department or community-based care provider shall report to the court in its first judicial review concerning the child whether the child is a citizen of the United States and, if not, the steps that have been taken to address the citizenship or residency status of the child. Services to children alleged to have been abused, neglected, or abandoned must be provided without regard to the citizenship of the child except where alienage or immigration status is explicitly set forth as a statutory condition of coverage or eligibility.

(3) If the child is not a citizen, the department or community-based care provider shall include in the case plan developed for the child a recommendation as to whether the permanency plan for the child will include remaining in the United States. If the case plan calls for the child to remain in the United States, and the child is in need of documentation to effectuate this plan, the department or community-based care provider must evaluate the child’s case to determine whether the child may be eligible for special immigrant juvenile status under federal law.

(4) If the child may be eligible for special immigrant juvenile status, the department or community-based care provider shall petition the court for an order finding that the child meets the criteria for special immigrant juvenile status. The ruling of the court on this petition must include findings as to the express wishes of the child, if the child is able to express such wishes, and any other circumstances that would affect whether the best interests of the child would be served by applying for special immigrant juvenile status.

(5) No later than 60 days after an order finding that the child is eligible for special immigrant juvenile status and that applying for this status is in the best interest of the child, the department or community-based care provider shall, directly or through volunteer or contracted legal services, file a petition for special immigrant juvenile status and the application for adjustment of status to the appropriate federal authorities on behalf of the child.

(6) If a petition and application have been filed and the petition and application have not been granted by the time the child reaches 18 years of age, the court may retain jurisdiction over the dependency case solely for the purpose of allowing the continued consideration of the petition and application by federal authorities. Review hearings for the child shall be set solely for the purpose of determining the status of the petition and application. The court’s jurisdiction terminates upon the final decision of the federal authorities. Retention of jurisdiction in this instance does not affect the services available to a young adult under s. 409.1451. The court may not retain jurisdiction of the case after the immigrant child’s 22nd birthday.

(7) In any judicial review report provided to the court for a child for whom the court has granted the order described in subsection (4), the court shall be advised of the status of the petition and application process concerning the child.

(8) The department shall adopt rules to administer this section.

History.—s. 1, ch. 2005-245.

F.S. 39.5075 on Google Scholar

F.S. 39.5075 on Casetext

Amendments to 39.5075

Arrestable Offenses / Crimes under Fla. Stat. 39.5075

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 39.5075.

Annotations, Discussions, Cases:

Cases Citing Statute 39.5075

Total Results: 12

In the Interest of: B.R.C.M., A Minor Child v. Florida Department of Children and Families

Court: Supreme Court of Florida | Date Filed: 2017-04-20

Citation: 215 So. 3d 1219, 42 Fla. L. Weekly Supp. 472, 2017 WL 1709786, 2017 Fla. LEXIS 892

Snippet: States” (citing 8 U.S.C. § 1101 (a) (27)( J); *1227§ 39.5075, Fla. Stat. (2013)). But the dependency claims

W.B.A v. v. Department of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2016-12-28

Citation: 229 So. 3d 850

Snippet: . See 8 U.S.C. § 1101(a) (27)(J). . Section 39.5075, Florida Statutes (2016). . In re K.B.L.V., 176

O.I.C.L., a Minor Child v. Florida Department of Children and Families

Court: Supreme Court of Florida | Date Filed: 2016-09-22

Citation: 205 So. 3d 575, 41 Fla. L. Weekly Supp. 405, 2016 Fla. LEXIS 2072

Snippet: retention of jurisdiction provided for in section 39.5075(6), Florida Statutes, does not apply when — as

In the Interest Of: F.J.G.M.

Court: District Court of Appeal of Florida | Date Filed: 2016-07-20

Citation: 196 So. 3d 534, 2016 Fla. App. LEXIS 11078

Snippet: . 8 U.S.C. § 1101 (a)(2 7) (J); see also § 39.5075, Fla. Stat. (2015), . This is the time according

Department of Children and Families v. S.A.E. Mother of A.A.A.-E.

Court: District Court of Appeal of Florida | Date Filed: 2016-02-04

Citation: 184 So. 3d 615, 2016 WL 381338

Snippet: for long-term foster care. See § 39.5075(l)(b)2, Fla. Stat. In re S.A.R.D.,

In the Interest Of: B.R.C.M.

Court: District Court of Appeal of Florida | Date Filed: 2015-12-30

Citation: 182 So. 3d 749, 2015 Fla. App. LEXIS 19470

Snippet: minors who may qualify for SIJS. Florida Statute § 39.5075(4) obligates DCF — or *759its contracted [community

In the Interest Of: E.P.N.

Court: District Court of Appeal of Florida | Date Filed: 2015-12-30

Citation: 180 So. 3d 249, 2015 Fla. App. LEXIS 19471

Snippet: C.M. . 8 U.S.C. § 1101(a)(27)(J); see also § 39.5075, Fla. Stat. (2015). . In re B.R.C.M., No. 3D15-962

Interest of S.F.A.C. v. Department of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2015-12-30

Citation: 182 So. 3d 745, 2015 Fla. App. LEXIS 19459, 2015 WL 9584395

Snippet: parent 38 U.S.C. § 1101(a)(27)(J); see also § 39.5075, Fla. Stat. (2015).

In the Interest of K.B.L v. a Minor

Court: District Court of Appeal of Florida | Date Filed: 2015-07-15

Citation: 176 So. 3d 297, 2015 Fla. App. LEXIS 10731

Snippet: Immigration Services is not one of them. But see, § 39,5075, Fla. Stat. (2014).

In the Interest of Y v. a Minor Child

Court: District Court of Appeal of Florida | Date Filed: 2015-04-08

Citation: 160 So. 3d 576

Snippet: the United States. 8 U.S.C. § 1101(a)(27)(J); § 39.5075, Fla. Stat. (2013). While these laws may be vulnerable

Morcroft v. Department of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2006-05-12

Citation: 929 So. 2d 51, 2006 Fla. App. LEXIS 7241, 2006 WL 1288630

Snippet: failing to follow the requirements of section 39.5075, Florida Statutes (2005) (effective July 1, 2005)

In Re Amendments to Rules of Juvenile Proc.

Court: Supreme Court of Florida | Date Filed: 2005-11-17

Citation: 915 So. 2d 592, 30 Fla. L. Weekly Supp. 799, 2005 Fla. LEXIS 2284, 2005 WL 3072028

Snippet: 2005-245, section 1, Laws of Florida (amending § 39.5075, Fla. Stat.); chapter 2005-263, sections 1, 4,