probation officer — as stated on Form JV 535 — within five court days of the appointment of a surrogate parent ( California Rules of Court, Rule 5.650[d][3] ).
If the LEA does not appoint a surrogate parent within 30 days of the request from the court, it must, within the next five court days, notify the court on form JV-536 of its inability to appoint a surrogate parent and its continuing reasonable efforts to assign a surrogate parent. The court forms relevant to surrogate parents are included in appendix B.
Unaccompanied Homeless Youths
LEAs are responsible for appointing a surrogate parent for unaccompanied “homeless children and youths” as defined in the McKinney -Vento Act ( Title 42, United States Code, Section 11434a ; see also California Government Code Section 7579.6 and Title 34, Code of Federal Regulations, Section 300.519[a][4] ). The term “unaccompanied youth” is defined as a homeless child or youth who is not in the physical custody of a parent or guardian ( Title 42, United States Code, Section 11434a[6] ).
The term “homeless children and youths” means persons who lack a fixed, regular, and adequate nighttime residence, as defined in Title 42, United States Code, Section 11434a(2) :
• Children and youths who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; or are abandoned in hospitals • Children and youths who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings • Children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings
• Migratory children who are living in the circumstances described above
In the case of an unaccompanied homeless youth, a temporary surrogate parent may be appointed until a surrogate parent can be appointed who meets all the requirements ( Title 34, Code of Federal Regulations, Section 300.519[f] ). Such temporary surrogate parents may include appropriate staff of emergency shelters, transitional shelters, independent living programs, and street outreach programs ( Title 34, Code of Federal Regulations, Section 300.519[f] ). However, temporary surrogate parents must still be free of any personal or professional conflict of interest with the child’s interest and must possess knowledge and skills that en sure adequate representation of the child ( Title 34, Code of Federal Regulations, sections 300.519[d] and [f] ).
Chapter 4 – The Appointment Process
This chapter presents considerations for the procedures LEAs may wish to follow in appointing surrogate parents. Many LEAs also have their own written policies and procedures on appointing
Chapter 4 – Procedural Safeguards, Charter SELPA
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As of 11/18/2016
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