RULE 8.435.   REINSTATEMENT OF JURISDICTION FOR YOUNG ADULT

(a)    Petition for Reinstatement of Jurisdiction.

(1)    If a young adult who is between the ages of 18 and 21, or 22 if the young adult has a disability, is re-admitted to foster care, the department shall petition the court to reinstate jurisdiction over the young adult.

(2)    The petition for reinstatement of jurisdiction must be in writing and specify that the young adult meets the eligibility requirements for readmission to foster care as provided by law. The petition shall indicate whether the young adult has a special need requiring appointment of counsel as required by section 39.01305, Florida Statutes. The petition is not required to be sworn and notarized.

(3)    The department shall serve the young adult and any party a copy of the petition for reinstatement of jurisdiction.

(b)    Hearing on Petition for Reinstatement of Jurisdiction.

(1)    Upon filing of the petition for reinstatement of jurisdiction, the court shall schedule and conduct a hearing on the petition for reinstatement of jurisdiction.

(2)    The department shall serve the young adult and any party a notice of the hearing on the petition for reinstatement of jurisdiction.

(c)    Order on Petition for Reinstatement of Jurisdiction.

(1)    If the department establishes that the young adult meets the eligibility requirements for readmission to foster care as provided by law, the court shall enter an order reinstating jurisdiction over the young adult.

(2)    In the order reinstating jurisdiction, the court shall schedule a judicial review hearing to take place within 6 months.

(3)    The court shall appoint an attorney to represent a young adult with special needs as defined in section 39.01305, Florida Statutes, who is not already represented by an attorney.


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