Florida Florida Statutes
§ 39.5075 — Citizenship or residency status for immigrant children who are dependents
FS § 39.5075Ch. 39
Statute text
View on source(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 federalt be less than the monthly payment amount provided to a participant enrolled in the Guardianship Assistance Program under s. 39.6225.
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Legislative history
s. 1, ch. 2005-245.