CopyCited 2 times | Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 405, 2016 Fla. LEXIS 2072
...of Orange Cty., 234 Cal.App.4th 319 , 183 Cal.Rptr.3d 773, 778 (2015) (noting that it is the role of the federal government, not state courts, to determine whether SIJ status is appropriate). Recognizing that the federal government determines immigration status, section 39.5075(6), Florida Statutes (emphasis added), provides that a Florida court may retain jurisdiction over a dependency case until the age of 22 “solely for the purpose of allowing the continued consideration of the [SIJ status] petition and...
CopyCited 1 times | Published | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 799, 2005 Fla. LEXIS 2284, 2005 WL 3072028
...ding §
39.701(6), Fla. Stat.); chapter 2005-65, section 2, Laws of Florida (amending §
39.407(3), Fla. Stat.); chapter 2005-179, section 1, Laws of Florida (amending §
39.013(2), Fla. Stat.); chapter 2005-245, section 1, Laws of Florida (amending §
39.5075, Fla....
CopyPublished | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 7241, 2006 WL 1288630
...As a second issue on appeal, Mor-croft argues that the trial court erred in denying her petition for dependency and shelter against the mother because the minor child, C.J., is an illegal alien. For this reason, Moreroft contends the trial court erred by failing to follow the requirements of section 39.5075, Florida Statutes (2005) (effective July 1, 2005), and the provisions of rule 65C-9.003, Florida Administrative Code....
...Significantly, in the July 11th hearing, Moreroft advised the trial court that “[w]e may or may not ask for special immigrant status for [C.J.].” Thus, the issue was not properly raised by Moreroft below. However, Moreroft is correct that the requirements of section 39.5075 and the provisions of rule 65C-9.003 apply....
...to A.J. . The plan indicated the mother was contacted regarding the proceedings and that A.J. was the "legal custodian" of the children. . On appeal, Morcroft argues that the petition for dependency she requested should have been granted pursuant to section 39.5075, Florida Statutes (2005) and rule 65C-9.003, Florida Administrative Code, because the minor child, C.J., is an illegal alien....
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 10731
...3 Section
39.001 of the Florida Statutes provides a lengthy list of purposes, the first
of which is “[t]o provide for the care, safety, and protection of children.”
Assistance to the United States Citizenship and Immigration Services is not one of
them. But see, §
39.5075, Fla....
CopyPublished | Florida 1st District Court of Appeal | 2016 WL 381338
...Stat.
3
Even with the adjudication of dependency, A.A.A.-E. apparently would not fall
under Florida’s definition of a child who “may be eligible for special immigrant
juvenile status under federal law” since he resides with his mother and is therefore
not eligible for long-term foster care. See § 39.5075(1)(b)2, Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 19470
...law and based on a prior circuit court case, In re E.G.S.-H., 22 Fla. L. Weekly
Supp. 693b (Fla. 11th Cir. Ct. Jan. 27, 2015). The trial court also advised that it
was “waiting to see what the appellate court does.”
5 See 8 U.S.C. § 1101(a)(27)(J); see also § 39.5075, Fla....
...uncharged parent and
terminate jurisdiction).
The Court also is cognizant of, and informed by, the fact that
the Legislature has undeniably recognized the importance of assisting
undocumented minors who may qualify for SIJS. Florida Statute §
39.5075(4) obligates DCF -- or its contracted [community based care
provider] -- to “petition the court for an order finding that the child
meets the criteria for special immigrant juvenile status” anytime the
child may be eligible. § 39.5075(4), Fla. Stat. (2005). Florida Statute §
39.5075(5), then obligates DCF -- or its contracted [community based
care provider] -- to actually “file a petition for special immigrant
juvenile status” with the appropriate federal authorities on behalf of
the “child” within sixty (60) days after the Court determines
eligibility. Id. at § 39.5075(5).
The Legislature also amended Chapter 39 to allow the Court to
retain jurisdiction over an immigrant child with a pending SIJS
petition “solely for the purpose of allowing the continued
consideration of the petition and applic...
...ldren in
federal custody. Congress, and our Legislature, charged this Court
with the task of determining whether these children are “dependent” --
as defined by State law, and whether applying for SIJS “is in the best
interest of the child.” § 39.5075(5), Fla....
...es provides a lengthy list of
purposes, the first of which is “[t]o provide for the care, safety, and
protection of children.” Assistance to the United States Citizenship
and Immigration Services is not one of them. But see, § 39.5075, Fla.
Stat....
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 19471
...Although I rely upon
the same analysis and reach the same recommendations for reversal or for
certification in both cases, for the sake of brevity I will limit this dissent to a
discussion of the facts unique to E.P.N.’s case. Those slightly different facts do
1 8 U.S.C. § 1101(a)(27)(J); see also § 39.5075, Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 19459, 2015 WL 9584395
...H.S.P. also provides an appropriate
procedure for individualized adjudication in state SIJ cases such as this one. In my
view, H.S.P. correctly concludes that specific written findings as to each parent
38 U.S.C. § 1101(a)(27)(J); see also § 39.5075, Fla....
CopyPublished | Florida 3rd District Court of Appeal
2016). . See 8 U.S.C. § 1101(a) (27)(J). . Section
39.5075, Florida Statutes (2016). . In re K.B.L.V
CopyPublished | Florida 1st District Court of Appeal
...motivation is consistent with the federal and state statutory scheme currently in
place, which provides a pathway for undocumented children who have been
abused, abandoned, or neglected to obtain lawful permanent residency in the
United States. 8 U.S.C. § 1101(a)(27)(J); § 39.5075, Fla....
...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.
§ 39.5075(1)(b), Fla....
...ed care provider is required to petition
the court for an order finding that the child meets the criteria for SIJ status and, if
such an order is obtained, to apply for that status with the appropriate federal
authorities on the child’s behalf. § 39.5075(4)-(5).
Neither Florida nor federal law directs a state court to reject dependency
petitions when they are motivated by a desire to obtain SIJ status....
