Rule 5.649. Right to make educational or developmental-services decisions
The court must identify the educational rights holder for the child on form JV-535 at each hearing in a dependency or delinquency proceeding. Unless his or her rights have been limited by the court under this rule, the parent or guardian holds the educational and developmental-services decisionmaking rights for his or her child. In addition, a nonminor or nonminor dependent youth holds the rights to make educational and developmental-services decisions for himself or herself unless rule 5.650(b) applies.
(a) Order (§§ 361, 366, 366.27, 366.3, 726, 727.2; 20 U.S.C. § 1415; 34 C.F.R. § 300.300)
At the dispositional hearing and each subsequent review or permanency hearing, the court must determine whether the rights of a parent or guardian to make educational or developmental-services decisions for the child should be limited.
If necessary to protect a child who is adjudged a dependent or ward of the court under section 300, 601, or 602, the court may limit a parent's or guardian's rights to make educational or developmental-services decisions for the child by making appropriate, specific orders on Order Designating Educational Rights Holder (form JV-535).
(b) Temporary order (§ 319)
At the initial hearing on a petition filed under section 325 or at any time before a child is adjudged a dependent or the petition is dismissed, the court may, on making the findings required by section 319(g)(1), use form JV-535 to temporarily limit a parent's or guardian's rights to make educational or developmental-services decisions for the child. An order made under section 319(g) expires on dismissal of the petition, but in no circumstances later than the conclusion of the hearing held under section 361.
If the court does temporarily limit the parent's or guardian's rights to make educational or developmental-services decisions, the court must, at the dispositional hearing, reconsider the need to limit those rights and must identify the authorized educational rights holder on form JV-535.
(c) No delay of initial assessment
The child's initial assessment to determine any need for special education or developmental services need not be delayed to obtain parental or guardian consent or for the appointment of an educational rights holder if one or more of the following circumstances is met:
(1)The court has limited, even temporarily, the educational or developmental-services decisionmaking rights of the parent or guardian, and consent for an initial assessment has been given by an individual appointed by the court to represent the child;
(2)The local educational agency or regional center, after reasonable efforts, cannot locate the parent or guardian; or
(3)Parental rights have been terminated or the guardianship has been set aside.
(d) Judicial Determination
If the court determines that the child is in need of any assessments, evaluations, or services-including special education, mental health, developmental, and other related services-the court must direct an appropriate person to take the necessary steps to request those assessments, evaluations, or services.
(e) Filing of order
Following the dispositional hearing and each statutory review hearing, the party that has requested a modification, limitation, or restoration of educational or developmental-services decisionmaking rights must complete form JV-535 and any required attachments to reflect the court's orders and submit the completed form within five court days for the court's review and signature. If no request is made, the child's or youth's attorney must complete and file the form. The court may direct the appropriate party to attach Attachment to Order Designating Educational Rights Holder (form JV-535(A)) to document the court's findings and orders.
Rule 5.649 adopted effective January 1, 2014.