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2021 California Rules of Court

Rule 5.649. Right to make educational or developmental-services decisions

The court must identify the educational rights holder for the child at each hearing in a juvenile dependency or juvenile justice proceeding. At any hearing, where the court limits, restores, or modifies educational rights, or where there are updates to any contact or other information, in any juvenile proceeding, the findings and orders must be documented on form JV-535. Unless the rights of the parent, guardian, or Indian custodian have been limited by the court under this rule, the parent, guardian, or Indian custodian holds the educational and developmental-services decisionmaking rights for the child. In addition, a nonminor or nonminor dependent youth holds the rights to mae educational and developmental-services decisions for the youth and should be identified on form JV-535, 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, guardian, or Indian custodian 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 the rights of a parent, guardian, or Indian custodian to make educational or developmental-services decisions for the child by making appropriate, specific orders on Order Designating Educational Rights Holder (form JV-535).

(Subd (a) amended effective September 1, 2020.)

(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 the rights of a parent, guardian, or Indian custodian 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 rights of a parent, guardian, or Indian custodian 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.

(Subd (b) amended effective September 1, 2020.)

(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, guardian, or Indian custodian, 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, guardian, or Indian custodian; or

(3)  Parental rights have been terminated or the guardianship has been set aside.

(Subd (c) amended effective September 1, 2020.)

(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 there has been no request for modification, limitation, or restoration of educational or developmental-services decisionmaking rights, or there are no required updates to contact or other information, there is no need to file a new form JV-535. If a new form JV-535 is filed, the most recent Attachment to Order Designating Educational Rights Holder (form JV-535(A)) must be attached. The court may instead direct the appropriate party to attach a new form JV-535(A) to document the court's findings and orders.

(Subd (e) amended effective September 1, 2020.

(f) Service of Process

After each hearing where a party has requested a modification, limitation, or restoration of educational or developmental-services decisionmaking rights, the court clerk must serve the most current forms JV-535 and JV-535(A) on each applicable party.

(Subd (f) adopted effective September 1, 2020.)

Rule 5.649 amended effective September 1, 2020; adopted effective January 1, 2014.

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