Juveniles: educational decisions.

Existing law authorizes the court to limit the right of a parent to make educational decisions for a dependent child or ward of the court under specific circumstances. If the court limits a parent's right to make educational decisions for his or her child, existing law authorizes the court to temporarily appoint a responsible adult to make educational decisions for the child. Under existing law, if the court cannot identify a responsible adult to fulfill that role while dependency proceedings are pending, the court may make educational decisions for the child, except as specified. After a child has been adjudged a dependent child or a ward of the juvenile court, if the court cannot identify a responsible adult to make educational decisions for the child, the court is required to refer the child to the local educational agency for appointment of a surrogate parent if the child has special education needs. If appointment of a surrogate parent is not warranted because the child does not have special education needs, and the child does not have a foster parent, the court may make educational decisions for the child. This bill would require the court, after limiting a parent's educational rights in dependency or wardship proceedings, to determine if there is a responsible adult who is a relative, nonrelative extended family member, or other adult known to the child and who is available and willing to serve as the child's educational representative before appointing an educational representative or surrogate who is not known to the child. This bill would also require an appointed educational representative or surrogate parent to meet with the child, investigate the child's educational needs and whether those needs are being met, and present recommendations to the court or attend court to participate in any portion of a hearing that concerns the child's education. By requiring a higher level of service by local educational agencies in the appointment and performance of surrogate parents, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.