Placement Changes

 

The purpose of this page is to inform caregivers of how to protect and advocate for the foster children/youth in their care when the county placing agency plans to remove (i.e. change the placement of) a dependent child/youth to another foster home.

If a placement change becomes necessary, minimizing the trauma experienced by the child/youth from the move should be the primary concern to all parties involved.  For information regarding transition planning, please visit our Transitions page.

 

Rights to Education and Placement Stability

In addition to disrupting a child's stability at home, a placement change may also require the child to change schools (often during the school year already in session).  Such a disruption can adversely affect the child’s academic progress as well as his or her emotional well-being.  If the caregiver has been designated the educational rights holder (i.e. educational representative), there may be additional rights to notification of placement changes and opportunities to object.

Notice Requirements of County Social Worker:  Pursuant to California Rule of Court 5.651, the juvenile court has the authority to supervise and maintain the child or youth’s educational stability.  When a proposed placement change will result in the child/youth's removal from their school of origin, the social worker must notify the court, the child or youth’s attorney, and the child or youth’s educational rights holder within 24 hours of that determination.  California Rules of Court, Rule 5.651(e).  If the child has an IEP, there are additional notices required to the local educational agency providing the IEP program and the educational agency in the area to where the child will be moved at least 10 days before the change in placement.

Duties of Minor's Counsel:  The attorney must discuss the proposed placement change and its effect on the child/youth’s right to attend the school of origin with the child/youth and with the person who holds educational rights (who may be the caregiver). See California Rules of Court, Rule 5.651 (e)(2)

If there is an Objection to Proposed Change of Schools:  The attorney or educational representative must file a JV-539 Request for Hearing Regarding Child’s Access to Services no later than 2 courts days after receiving the notice.  A court hearing must be held no later than 5 court days.  The clerk must give required notice if the JV-539 is filed by the educational representative. If removal from the school of origin is disputed, the child/youth must be allowed to remain in that school pending the hearing and for as long as there is a disagreement between the child or educational rights holder and the local educational agency. See California Rules of Court, Rule 5.651 (e)(3)

The social worker must file a report within 2 court days after the hearing request form is filed containing specific information, including how the proposed change of schools serves the best interests of the child. The court is authorized to determine what actions are necessary to ensure the protection of the child or youth’s educational rights and to make any findings and orders needed to secure those rights.  See California Rules of Court, Rule 5.651 (f)(1)