•
No parent can be identified
•
The child is a ward of the state
• The public agency, after reasonable efforts, cannot locate a parent
• The child is an unaccompanied homeless youth as defined in section 725(6) of the McKinney- Vento Homeless Assistance Act (“McKinney - Vento Act”) ( Title 42, United States Code, Section 11434a[6] )
Wards and Dependents of the Court
Under California law, there are both “dependent” children as well as children who are described as “wards” of the courts ( California Welfare and Institutions Code sections 300, 601, and 602 ). A minor may be declared a ward of the court for habitual refusal to obey parents or guardians or for truancy from school ( California Welfare and Institutions Code Section 601 ). A minor may also be declared a ward for commission of a crime ( California Welfare and Institutions Code Section 602 ). A “dependent” child may be one who is at risk of abuse or neglect by his or her parents ( California Welfare and Institutions Code Section 300 ). When a court decides that a minor is a ward or dependent, the court may limit the parent’s educational rights ( California Welfare and Institutions Code sections 361[a] and 726 ). If the court limits parental rights, it must issue an order clearly assigning those educational rights to another responsible adult. If a responsible adult or educational representative has been appointed by the court, the LEA does not need to appoint an educational surrogate. After limiting the parent’s educational rights, the court must use form JV-535 (see appendix B) to document one of the following items:
• The appointment of an educational representative
• The determination that the caregiver may make educational decisions
•
A referral to the LEA
• Educational decisions made by the court with contributing comments from interested persons ( California Rules of Court, Rule 5.650[d] ) If the court cannot identify an educational representative or responsible adult and the child is or may be eligible for special education and related services, the court must refer the matter to the LEA for the prompt appointment of a surrogate parent for the child ( California Rules of Court, Rule 5.650[d][1] ). A surrogate parent may also be appointed by the judge overseeing the child’s case ( Title 34, Code of Federal Regulations, Section 300.519[c] ). If the court refers a child to the LEA for appointment of a surrogate parent, the relevant papers must be served on the LEA within five court days of the court’s order ( California Rules of Court, Rule 5.650[d][2] ). The LEA must make reasonable efforts to assign a surrogate parent within 30 calendar days after the co urt’s referral ( California Rules of Court, Rule 5.650[d][3] ). The LEA must provide notification to the court, the child’s attorney, and the child’s social worker or
Chapter 4 – Procedural Safeguards, Charter SELPA
Page 57
As of 11/18/2016
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