Education Code, Section 7579.5 of the Government Code, and Rule 5.650 of the California Rules of Court.
(Amended by Statutes of 2018, Chapter 833, Section 27. Effective January 1, 2019.)
California Welfare and Institutions Code Section 726
(a) In all cases in which a minor is adjudged a ward or dependent child of the court, the court may limit the control to be exercised over the ward or dependent child by any parent or guardian and shall, in its order, clearly and specifically set forth all those limitations, but no ward or dependent child shall be taken from the physical custody of a parent or guardian, unless upon the hearing the court finds one of the following facts:
(1) That the parent or guardian is incapable of providing or has failed or neglected to provide proper maintenance, training, and education for the minor.
(2) That the minor has been tried on probation while in custody and has failed to reform.
(3) That the welfare of the minor requires that custody be taken from the minor’s parent or guardian.
(b) Whenever the court specifically limits the right of the parent or guardian to make educational or developmental services decisions for the minor, the court shall at the same time appoint a responsible adult to make educational or developmental services decisions for the child until one of the following occurs: (1) The minor reaches 18 years of age, unless the child chooses not to make educational or developmental services decisions for himself or herself, or is deemed by the court to be incompetent.
(2) Another responsible adult is appointed to make educational or developmental services decisions for the minor pursuant to this section.
(3) The right of the parent or guardian to make educational or developmental services decisions for the minor is fully restored.
(4) A successor guardian or conservator is appointed.
(5) The child is placed into a planned permanent living arrangement pursuant to paragraph (5) or (6) of subdivision (b) of Section 727.3, at which time, for educational decision-making, the foster parent, relative caretaker, or nonrelative extended family member, as defined in Section 362.7, has the right to represent the child in educational matters pursuant to Section 56055 of the Education Code, and for decisions relating to developmental services, unless the court specifies otherwise, the foster parent, relative caregiver, or nonrelative extended family
Chapter 4 – Procedural Safeguards, Charter SELPA
Page 88
As of 11/18/2016
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