§5.13 Placement With Custodial Parent

[1] Family Maintenance Plan
[2] Child's Educational Needs

[1] Family Maintenance Plan
You may, based on the preponderance of the evidence, declare a child to be dependent but not remove him or her from the custodial parent. [See WIC §360(d); CRC 5.695(a)(6).] For such an “in-home placement,” you must approve a family maintenance plan. [See CRC 5.695(a)(6).] You may order services in the case plan to facilitate the placement, such as:

• Case management,
• Counseling,
• Emergency in-home caretakers,
• Homemakers for teaching and demonstrating, and
• Parenting classes [see WIC §16507.7].

If a dependent child remains in the custodial home under DSS’s supervision, you must order the custodial parent or guardian to participate in child welfare services or programs. [WIC §362(b); CRC 5.695(c)(2).] You may also order the parent or guardian to ensure the child’s regular school attendance, or to make reasonable efforts to obtain educational services tailored to the child’s specific needs. [WIC §362(d).]

You must conduct a review hearing within six months of disposition, and every six months thereafter until you determine that continued supervision is not necessary. [WIC §364(a).] You may also order family maintenance services for a child who is removed, and then subsequently returned home, even if the statutory maximum time afforded for reunification services was met. [In re Marilyn A. (2007) 148 CA4th 285, 310–312, 316.]

[2] Child's Educational Needs

Throughout dependency proceedings, including at the disposition hearing and thereafter, you should inquire about the child’s educational needs and the progress to enforce the child’s educational rights. You should ensure that the child’s needs are met for a stable school placement in the least restrictive educational environment, and that the child has access to the academic resources, services, and activities available to other students. [CRC 5.651.] You must address and determine the child’s general and specific education needs, identify a plan to meet those needs, and provide a clear written statement using form JV-535. [CRC 5.651(b)(2).]

Before disposition, you may temporarily limit a parent’s or current caretaker’s right to make educational decisions for the child. [WIC §319(g); CRC 5.650(a).] You must reconsider this limitation at the disposition hearing. [CRC 5.650(a)(1).] If a parent's or caretaker's right to make educational decisions are limited, you must appoint an educational representative for the child. [WIC §361; CRC 5.650(a)–(b).]

If you return custody to a parent or guardian, his or her educational rights are reinstated unless you find that he or she is not able to act in the child's best interest regarding education. Similarly, if you appoint a guardian for the child, all educational rights and responsibilities transfer to the newly appointed guardian unless you determine that the guardian is not able to act in the child’s best interests regarding education. [CRC 5.650(e).]

For further discussion, see Part 1, §3.11.

If you are unable to appoint or identify a responsible adult, you may [WIC §361(a); CRC 5.650]:

• Refer the child to the local educational agency for appointment of a surrogate parent [see GC §7579.5] if the child has been referred for special education or has a valid IEP, or
• Make educational decisions yourself if appointment of a surrogate parent [see Ed C §56050(a)] is not warranted and there is no appropriate foster parent [see Ed C §56055].