Dependency Law Finder

1. O.I.C.L. v. Department of Children & Families 205 So. 3d 575 · SC15-1570 · Florida Supreme Court 2016

   Dismissed This opinion cites § 39.5075 18 times: (4), (5), (6), and the section generally

   · cited by 4 in all courts

   Supreme Court dismissed review of a denied dependency petition as moot because the immigrant youth turned 18 and cannot be adjudicated dependent.

   …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…

2. In re B.R.C.M. 182 So. 3d 749 · 3D15-0962 · 3rd DCA 2015

   Affirmed This opinion cites § 39.5075 14 times: (4), (5), and the section generally

   · cited by 5 in all courts

   Denial of an immigrant teen's private dependency petition affirmed because dependency law serves children in need, not immigration goals; a dissent urged a hearing.

   …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 *759 its contracted [community based care provider] — to “petition the court for an order finding that the child meets the criteria for…

3. In the Interest of: B.R.C.M., A Minor Child v. Department of Children & Families 215 So. 3d 1219 · SC16-179 · Florida Supreme Court 2017

   Reversed & remanded This opinion cites § 39.5075 6 times: (4), and the section generally

   · cited by 3 in all courts

   Supreme Court held a private dependency petition by an immigrant child cannot be summarily denied for seeking immigration status; individualized findings are required.

   …children who have been abused, abandoned, or neglected to obtain lawful permanent residency in the United States” (citing 8 U.S.C. § 1101(a)(27)(J); § 39.5075, Fla. Stat. (2013)). But the dependency claims regarding such children must be evaluated based on the specific requirements of the dependency statute. And…

4. In the Interest of Y v. a Minor Child 160 So. 3d 576 · 1D14-5713 · 1st DCA 2015

   Reversed & remanded This opinion cites § 39.5075 3 times: (1)(b), (4), and the section generally

   · cited by 7 in all courts

   Dismissal of a child's dependency petition reversed: abuse abroad can support dependency, an SIJ-status motive does not invalidate it, and no jurisdictional bar was shown.

   …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. Stat. (2013). While these laws may be vulnerable to misuse, the mere acknowledgement in a dependency petition that the petitioner intends to seek…

5. Morcroft v. Department of Children & Families 929 So. 2d 51 · 5D05-2804 · 5th DCA 2006

   Affirmed This opinion cites § 39.5075 3 times, the section generally

   Dependency against the custodian affirmed: the court had jurisdiction despite the foreign mother not being joined, though DCF must address the child's immigration status.

   …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,…

6. W.B.A. v. v. Department of Children & Families 229 So. 3d 850 · 3D16-1448 · 3rd DCA 2016

   Affirmed This opinion cites § 39.5075 2 times, the section generally

   Summary denial of four orphaned immigrant children's dependency petition affirmed under binding precedent; concurrence urges Supreme Court review and dissent would require an evidentiary hearing.

   …of the appellate proceedings),6 but other unaccompanied immigrant cases are pending before that Court.7 3 See 8 U.S.C. § 1101(a) (27)(J). 4 Section 39.5075, Florida Statutes (2016). 5 In re K.B.L.V., 176 So. 3d 297, 300 (Fla. 3d DCA 2015) (Shepherd, J., specially concurring). 6 O.I.C.L. v. Fla. Dep’t of…

7. In re F.J.G.M. 196 So. 3d 534 · 3D15-0546 · 3rd DCA 2016

   Affirmed This opinion cites § 39.5075 2 times, the section generally

   · cited by 2 in all courts

   Denial of a private dependency petition sought for immigration status affirmed; the father's abandonment was too remote and the mother cared for the child.

   …denial), together with specific written findings and conclusions, will also allow meaningful appellate review. 6 8 U.S.C. § 1101(a)(27)(J); see also § 39.5075, Fla. Stat. (2015). 7 This is the time according to the hearing transcript. 16 I have not concluded that…

8. In re E.P.N. 180 So. 3d 249 · DCA15-0579 · District Court of Appeal 2015

   Affirmed This opinion cites § 39.5075 2 times, the section generally

   Summary denial of an immigrant teen's private dependency petition affirmed per curiam under circuit precedent; a dissent would have remanded for individualized consideration.

   …recommendation for cértifícation to the Supreme Court of Florida set forth in my dissent in In re B.R.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, 2015 WL 9584743 (Fla. 3d DCA Dec. 30, 2015). . Id. (Salter, J., dissenting). Third…

9. Department of Children & Families v. S.A.E. 184 So. 3d 615 · 1D15-3624 · 1st DCA 2016

   Reversed This opinion cites § 39.5075 1 time: (1)(b)

   · cited by 1 in all courts

   Dependency adjudication reversed because the father's abandonment twelve years earlier in Honduras posed no present threat; avoiding deportation is not a basis for dependency.

   …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. Stat. In re S.A.R.D., ___ So. 3d ___, 2016 WL 145999 (Fla. 3d DCA Jan. 13, 2016), and In re Y.V., 160 So. 3d 576 (Fla, 1st DCA 2015) provide excellent…

10. Interest of S.F.A.C. v. Department of Children & Families 182 So. 3d 745 · 3D15-2120 · 3rd DCA 2015

    Affirmed This opinion cites § 39.5075 1 time, the section generally

    Denial of an immigrant teen's private dependency petition affirmed under controlling circuit precedent; a dissent would have required an evidentiary hearing and individualized findings.

    …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. Stat. (2015). 8 and each legal claim are important for the subsequent evaluation of an immigrant juvenile’s…

11. In the Interest of K.B.L v. a Minor 176 So. 3d 297 · 3D14-2746 · 3rd DCA 2015

    Affirmed This opinion cites § 39.5075 1 time, the section generally

    · cited by 15 in all courts

    Dismissal of an immigrant teen's private dependency petition affirmed because the father's abandonment was remote and the child lived safely with his mother.

    …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. (2014). 10 FERNANDEZ, J. KB.L.V. appeals the dismissal of his private petition for dependency in…

12. In re Amendments to Rules of Juvenile Proc. 915 So. 2d 592 · SC05-1303-2 · Florida Supreme Court 2005

    Rule amendment This opinion cites § 39.5075 1 time, the section generally

    · cited by 1 in all courts

    …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. Stat.); chapter 2005-263, sections 1, 4, 6, and 7, Laws of Florida (amending §§ 985.03(46), 985.215(2), 985.231(1), & 985.2311(1)(a), Fla. Stat.). [2]…

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1. Rule 65C-30.004 Identification of Children. Implements
2. Rule 65C-30.007 Case Management Responsibilities After Case Transfer. Implements

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1. CFOP 170-14 Response to the Human Trafficking of Children p. 1

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