CUSTODY ARRANGEMENTS AND SPECIAL EDUCATION
|
|
- Damian Alvin Arnold
- 7 years ago
- Views:
Transcription
1 Ohio School Boards Association 2016 Special Education Law Workshop CUSTODY ARRANGEMENTS AND SPECIAL EDUCATION March 4, 2016 Presented by: Scott C. Peters 6480 Rockside Woods Blvd. South Suite 300 Cleveland, Ohio Phone: (216) Fax: (216) www.
2 1 CUSTODY ARRANGEMENTS AND SPECIAL EDUCATION An Overview of the Administrative Code and General Requirements Every child must have a named individual who can advocate and make special education decisions for him or her. This advocate can be a traditional parent, a guardian, a surrogate, or even a grandparent. It is crucial that school districts and IEP teams understand each child's unique custody situation to determine who can make decisions about the child's education. A. In Which School District Is A Child Entitled To Attend School? Regular Education Student: Generally, a child is entitled to attend school in the district in which the child s Parent resides. R.C (B)(1). o Parent means: Either parent, unless the parents are legally separated, divorced, or their marriage has been dissolved or annulled, in which case Parent means the parent who is the residential parent and legal custodian of the child. R.C (A)(1)(a). Parent means the grandparent with a grandparent power of attorney or a caretaker authorization affidavit. R.C (A)(1)(b). o Implications: If the parents are still married (and not legally separated), Parent means either parent. If the parents are still married but living in different school districts, the child may attend school in either district, tuition-free, regardless of where the child resides. If the parents were never married and paternity has not been established, only the biological mother is the Parent. Once the father establishes paternity, both parents are Parents. Arguably, this is true even after a court issues an order designating one parent to be the legal custodian: Parent still means either parent because the parents, having never been married, have not been legally separated
3 2 or divorced, and no marriage has been dissolved or annulled. Districts usually take the position that once a court issues a custody order between parents who were never married, the parent named legal custodian is the sole Parent. Special Education Student: When a child receives special education but does not reside in the school district where the Parent resides, the child is entitled to attend school in the district where the child resides. B. Custody Basics o The district of residence (the district where the Parent resides) will be responsible for the costs associated with educating the child. o The district of attendance should invite the district of residence to IEP team meetings. o If the district of residence does not agree with the child s IEP, the district of residence should propose its own IEP and offer to pay the cost of transporting the child back to the district of residence for services. Legal custody is defined as: [A] legal status that vests in the custodian the right to have physical care and control of the child and to determine where and with whom the child shall live, and the right and duty to protect, train, and discipline the child and to provide the child with food, shelter, education, and medical care, all subject to any residual parental rights, privileges, and responsibilities. R.C (B)(19), made applicable by R.C (A)(2). Permanent custody is defined as: [A] legal status that vests in a public children services agency or a private child placing agency, all parental rights, duties, and obligations, including the right to consent to adoption, and divests the natural parents or adoptive parents of all parental rights, privileges, and obligations, including all residual rights and obligations. R.C (B)(30), made applicable by R.C (A)(2).
4 3 IMPORTANT: Pending motion for change of custody: o The board of education where a non-parent resides may enroll a student tuition-free for up to 60 days based on the sworn statement of the non-parent that he or she has initiated legal proceedings for custody of the student. R.C (E). C. Determining Who Has Custody 1. Parents never married: Prior to paternity being established, the biological mother is presumed to be the residential (custodial) parent. R.C The birth certificate listing the mother is sufficient to establish legal custody. The biological father has no legal rights to the child until paternity is established. o Simply listing the father s name on the birth certificate conveys no legal rights to the child. If the biological father goes to court to establish paternity, he must produce a certified copy of the juvenile court order designating him to be the legal custodian prior to the school district making any changes regarding custody. R.C Parents currently married: When the biological parents are still married and there is no court order to the contrary, each parent has equal rights regarding the child. 3. Parents legally separated, divorced, or their marriage has been dissolved: As a result of a legal separation, divorce, or dissolution, the domestic relations court should issue a decree or order designating one parent to be the residential parent and/or legal custodian. The court may also approve a shared parenting plan that outlines custody. 4. Child residing with grandparent: When a child resides with a grandparent and the grandparent does not have legal custody, the grandparent may obtain a grandparent power of attorney or a caretaker authorization affidavit to allow the grandparent to make educational decisions for the child and enroll the child in school.
5 4 A grandparent power of attorney may be executed only if one of the following circumstances exists: o (1) The parent, guardian, or custodian of the child is: Seriously ill, incarcerated, or about to be incarcerated; Temporarily unable to provide financial support or parental guidance to the child; Temporarily unable to provide adequate care and supervision of the child because of the parent's, guardian's, or custodian's physical or mental condition; Homeless or without a residence because the current residence is destroyed or otherwise uninhabitable; or In or about to enter a residential treatment program for substance abuse. o (2) One of the child's parents is deceased and the other parent, with authority to do so, seeks to execute a power of attorney; or o (3) The parent, guardian, or custodian has a well-founded belief that the power of attorney is in the child's best interest. A caretaker authorization affidavit can be used when a child is residing with a grandparent and the whereabouts of the custodial parent are unknown. D. Access to Student Records 1. Parents never married: only the biological mother has access to records unless the biological father went to court to establish paternity. 2. Parents currently married: both parents have access to records. 3. Parents legally separated, divorced, or their marriage has been dissolved: both parents have access to records, absent a court order divest a parent of such rights. 4. Child residing with grandparent (with grandparent POA or caretaker authorization affidavit): grandparent has access to records AND parent/guardian/custodian also continues to have access to records.
6 5 E. Attendance at IEP Meetings 1. Parents never married: only the biological mother can attend IEP meetings unless the biological father went to court to establish paternity. 2. Parents currently married: both parents can attend IEP meetings. 3. Parents legally separated, divorced, or their marriage has been dissolved: both parents can attend IEP meetings. Sometimes divorced parents will request separate IEP meetings. Parents DO NOT have the right to separate meetings, even in the situation of divorce. 4. Child residing with grandparent (with grandparent POA or caretaker authorization affidavit): both the grandparent AND the parent/guardian/custodian can attend meetings. F. Parental Consent 1. Parents never married: only the biological mother can provide parental consent unless the biological father went to court to establish paternity 2. Parents currently married: both parents can provide parental consent. 3. Parents legally separated, divorced, or their marriage has been dissolved: both parents can provide parental consent. This can get tricky in situations when divorced parents do not agree on decisions regarding the child. Look to the divorce decree or shared parenting plan to determine the residential/custodial parent. Consider involving the courts if parental consent cannot be obtained. 4. Child residing with grandparent (with grandparent POA or caretaker authorization affidavit): only the grandparent can provide consent. G. Signing Documents 1. Parents never married: only the biological mother can sign documents (IEPs, ETRs, etc.) unless the biological father went to court to establish paternity 2. Parents currently married: both parents can sign documents. 3. Parents legally separated, divorced, or their marriage has been dissolved: both parents can sign documents.
7 6 4. Child residing with grandparent (with grandparent POA or caretaker authorization affidavit): both the grandparent AND the parent/guardian/custodian can sign documents. H. Other Custody Issues Effect of Guardianship If a court gives a person the right to have physical care and control of a child, the right to determine where and with whom the child will live, and the right and duty to protect, train, and discipline the child, such person would have legal custody of the child for school purposes and the child would be permitted to attend school in the district in which the person and child are residing. If the rights and responsibilities of the guardian fall short of that legal custody, the child would not have such a right. Even where the right exists under guardianship, the obligation to pay tuition would still fall upon the district in which the natural or adoptive parent resides. Guardian Ad Litem The role of a guardian ad litem ("GAL") is more specialized than that of a regular guardian. A GAL is specifically responsible for protecting the interests of a minor child who is in some way involved in a lawsuit. When a GAL is needed, the court will appoint one. The GAL does not have legal custody of the child, and therefore, would not have rights to the child. But since the GAL is closely involved with the decision-making and daily life of the child, consider inviting the GAL to IEP meetings. Access to education records: One area that arises related to a GAL is the right to records. The state model form for appointing a GAL states that the GAL has access to the student's educational records. Therefore, if the court in your county utilizes such a form, then the GAL will have the right to access records. Rights of Biological Parent After Adoption The law provides that an adoption (by a step-parent or otherwise) will: terminate all legal relationships between the adopted person and his relatives, including his biological or other legal parents, so that the adopted person thereafter is a stranger to his former relatives for all purposes...[and] create the relationship of parent and child between the petitioner [for
8 7 adoption] and the adopted person, as if the adopted person were a legitimate blood descendant of the petitioner... R.C (A)(1),(2). Based on this legal concept that the biological parent becomes a stranger to the child, such biological parent would have no greater right of access to the child at school than any other person off the street, and should accordingly be denied such access in the absence of any special court order to the contrary. Homeless Students: When a student loses permanent housing and becomes a homeless child[] or youth[] as defined under federal law, or when a homeless child changes temporary living arrangements, the child s Parent has the option of enrolling the child in school, tuition-free, in: 1. The district in which the child last resided before becoming homeless, or 2. The district in which the homeless child is living. R.C (F)(13). Homeless children or youths means an individual who lacks a fixed, regular, and adequate nighttime residence. 42 U.S.C a(2). Homeless children or youths includes children who are: 1. Sharing the housing of others due to loss of housing, economic hardship, or similar reasons; 2. Living in motels, hotels, trailer parks, or camp grounds due to the lack of alternative adequate accommodations; 3. Living in emergency or transitional shelters; 4. Abandoned in hospitals; or 5. Are awaiting foster care placement. 42 U.S.C a(2)(B)(i).
9 8 Homeless children or youths includes children who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for humans. 42 U.S.C a(2)(B)(ii). Homeless children or youths includes children who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings. 42 U.S.C a(2)(B)(iii). Homeless children or youths includes migratory children who are living in any of the above describe circumstances. 42 U.S.C a(2)(B)(iv). Homeless students. R.C (F)(13) and the McKinney-Vento Homeless Assistance Act, 42 U.S.C et seq. When a child is presented for enrollment and purported to be homeless, the district must enroll the child on a tuition-free basis even if the person enrolling the child does not present documentation otherwise required for enrollment. The district must seek the needed documentation while the child is attending school. If the district has doubts that the child is homeless, the district must enroll the child on a tuition-free basis and investigate the suspect claim while the child is attending school. Surrogate Parents School districts must establish procedures to protect the rights of children where: o The parents of the child cannot be identified or located, o The child is a ward of the state, or o The child is an unaccompanied homeless youth as defined by the McKinney-Vento Homeless Assistance Act.
10 9 "Unaccompanied homeless youth": homeless child not accompanied by a parent or guardian When a student meets one of the requirements above, the school district must assign a surrogate parent for the student within 30 days of determining the need for a surrogate. Criteria for a surrogate parent: o Not an employee of the district, or any other agency that is involved in the education or care of the child; o Has no personal or professional interest that conflicts with the interest of the child the surrogate parent represents; and o Has knowledge and skills that ensure adequate representation of the child. For a child who is an unaccompanied homeless youth, appropriate staff of emergency shelters, transitional shelters, independent living programs, and street outreach programs may be appointed as temporary surrogate parents until a surrogate parent can be appointed that meets all of the criteria above. Surrogate parent authority: o Surrogate parent may represent the child in all matters relating to: The identification, evaluation, and educational placement of the child; and The provision of FAPE to the child. Reporting Abuse: A school district's obligation to report abuse exists in all circumstances, and may require additional diligence when a student is changing custody. Failure to take care of a student's needs, including required involvement with special education, may trigger a duty to report. Subpoenas in Custody Cases: In a custody matter, particularly one involving a student with special needs, school district employees may be required to testify about how the student is being cared for. This will likely include how active each parent is in the special
11 10 education process (attendance at IEP meetings, corresponding with teachers, etc.). Title VI: For limited English proficient ("LEP") and English language learners ("ELL"), ensure that children and their parents (if applicable) have access to documents in their native language and interpreters as appropriate. For students: services must be delivered in a manner they can understand. For parents: particularly in the special education context, school districts must make sure that parents understand documents and meetings to allow parents to have meaningful participation. It is not appropriate to ask the student to translate for parents (or ask them to bring another family member to translate). Ensure the district has procedures for interpreter services and translation of documents and s. Also, ODE has translated some documents (including Whose IDEA Is This?) into many other languages. Financial Coverage from Children's Services and Developmental Disabilities Boards In a situation where a student has intensive needs and parents can no longer manage the child at home (such as when the child is violent and cannot be controlled by the parent), the student may require residential placement. When the concern is the student's home-life, and the placement is not based on the student's educational needs, it is NOT the school district's obligation to pay for the cost of the residential placement. In these situations, parents often try to utilize county services and funds from Children's Services or Developmental Disabilities Boards. In some counties, if parents have sufficient means, the public entities will not provide funds. Sometimes, parents have to give up some of their parental rights in order to obtain appropriate contributions for the residential placement. Be aware of such a situation. The district will likely have to deal with a guardian, who should be invited to the IEP meeting.
12 11 REMEMBER: if there is no educational need for the residential placement, clarify at the IEP meeting (and document in a PR-01) that the district is only responsible for the educational component of the placement, not the residential component. Parental Observations: If a school district has a policy limiting the number of times parents can observe their special education student, how does this affect divorced parents? Do both parents get to utilize the observation time themselves, or do they have to share? Example: your district has a policy of 1 parental observation per semester. For divorced parents, does each parent get one observation? Or do they get one observation total? What about asking them to observe at the same time? Students Placed at Residential Facilities: A child who is in the legal or permanent custody of a government agency or a person other than the Parent is entitled to attend school in the district where the child resides. The district where the Parent resides remains the district of residence and is responsible for the cost of educating the child. Parent means the parent with residual parental rights or from whom all parental rights have been divested. o A common example is where the child has been removed from the parents home because of dependency, neglect, or abuse allegations and placed in the custody of Children s Services. The juvenile court is required, at the time it issues an order that removes the child from the parents home (or vests legal or permanent custody of the child in a non-parent) to designate the school district that is responsible for the cost of education. R.C o The same analysis applies when a juvenile court places the child in the legal custody of a non-parent even in the absence of allegations of dependency, neglect, or abuse. If the child involved in the juvenile court case receives special education, the court is supposed to designate the school district of residence, i.e., the school district in which the child s parents reside, to
13 12 be the district responsible for the cost of educating the child, regardless of who has custody of the child. R.C and (C)(1). If the child involved in the juvenile court case does not receive special education, the court is supposed to designate the school district in which the parents resided at the time of removal from home, or vesting of custody in a non-parent, to be responsible for the cost of educating the child. o If the district of residence of the parents at the time of removal or vesting of custody in a non-parent cannot be determined, the district in which the child resided at the time the agency or nonparent obtained custody is responsible for the cost of education. R.C and (C)(2). Hypothetical Fact Patterns (1) Parents are going through a divorce. Their first-grade son is being evaluated by the district for special education services. The student currently resides with his mother, but the father is attempting to obtain full custody. The father has alleged that the mother has neglected the child. The court appointed a guardian ad litem to protect the child's interests during the proceeding. The form appointing the GAL is silent on whether the GAL has the right to educational records. Both parents have subpoenaed the school district to testify about the student's well-being. Both parents and the GAL requested the student's educational records. QUESTIONS: o Who should be invited to the upcoming ETR team meeting for the student? o Can either parent provide consent for IDEA eligibility purposes? o What if teh parents disagree regarding eligibility? o Can either parent request an IEE? o What if both parents request an IEE, but request different
14 13 evaluators? o Can the district be required to testify for both sides? o Who has the right to the student's educational records? (2) The same parents have finalized their divorce. The court designated the father to be the residential parent. The mother has visitation rights but not custody of the child. After the ETR is completed, the district convenes the IEP team to develop the student's IEP. Both parents attend the meeting. During the meeting, the mother is very vocal about her disagreement with providing any special education services to her son or disagrees with the proposed services. The father agrees with the district that the student needs special education services. At the end of the meeting, the mother refuses to sign the IEP and leaves the meeting. The father signs consent to implement the IEP. QUESTIONS: o First, is the mother allowed to participate in the IEP meeting? o Does it matter that the mother did not sign the IEP? Is the father's consent sufficient to implement the IEP? o What should the district do if the mother requests her son's educational records after the meeting? (3) The grandmother of a child with special needs arrives at the school attempting to enroll her granddaughter in your school district. The child now resides with the grandmother, who lives in your district. The grandmother provides a grandparent power of attorney as the basis for enrolling the child. The reason the power of attorney was executed is because the child's mother is moving out of state and wants the child to stay in school in Ohio and live with the grandmother. The child's father is not involved (the parents were not married when the child was born and the father never established paternity). QUESTIONS: o Can the grandmother enroll the child based upon the grandparent power of attorney? o Could the grandmother attempt to obtain a caretaker authorization
15 14 affidavit based upon the reason the child is residing with her? o Must the district enroll the student even without a grandparent power of attorney or a caretaker authorization affidavit? o Who can provide parental consent and sign special education documents for the child? (4) A sophomore with special needs lives with his father in District A. The student's mother is deceased. The father loses his job and is evicted from his apartment. The father and the student move in with the father's sister in District B. Originally, the student continued to attend school in District A. The father then gets a job offer that requires him to move to another state. The student does not want to go with him, and so he remains with his aunt. The aunt then tries to enroll the student in District B. QUESTIONS: o Can the student's aunt enroll him in District B? o Is the student considered homeless? o Must the district obtain a surrogate for the student? o Who can provide parental consent and sign special education documents?
Grandparent Power of Attorney (POA) Checklist
Grandparent Power of Attorney (POA) Checklist Check off all statements which are true. If any statement is not true, do not check the statement. The POA cannot be filed unless all statements are checked
More informationEDUCATIONAL DECISION MAKERS AND SURROGATE PARENTS IN PENNSYLVANIA:
EDUCATIONAL DECISION MAKERS AND SURROGATE PARENTS IN PENNSYLVANIA: How to Ensure that Every Child in the Dependency and Delinquency Systems Has an Active, Involved Adult to Make Education Decisions IMPORTANT:
More informationIAC 7/7/04 CHAPTER 33 EDUCATING THE HOMELESS
IAC 7/7/04 CHAPTER 33 EDUCATING THE HOMELESS 281 33.1(256) Purpose. The purpose of these rules is to facilitate the enrollment of homeless children of school age and, where appropriate, of preschool age
More informationHuron County Juvenile Court
Huron County Juvenile Court Instructions for: CHILD CARE POWER OF ATTORNEY AND CARETAKER AUTHORIZATION AFFIDAVIT This packet was prepared for your convenience and ease in filing a child care power of attorney
More informationGrandparent s Power of Attorney Information and Forms
NOTICE AND DISCLAIMER Grandparent s Power of Attorney Information and Forms The forms in this packet have been provided to you as a public service by the Butler County Juvenile Court. Although you may
More informationIN THE COURT OF COMMON PLEAS, CUYAHOGA COUNTY, OHIO JUVENILE DIVISION. GRANDPARENT POWER OF ATTORNEY Pursuant to 3109.65 to 3109.73, Ohio Revised Code
IN THE COURT OF COMMON PLEAS, CUYAHOGA COUNTY, OHIO JUVENILE DIVISION IN THE MATTER OF: CASE NO. Child s Name GRANDPARENT POWER OF ATTORNEY Pursuant to 3109.65 to 3109.73, Ohio Revised Code I, residing
More informationPOWER OF ATTORNEY FORM. AUTHORIZED BY SECTIONS 3109.65 to 3109.73 OF THE OHIO REVISED CODE I, the undersigned, residing at, in the
POWER OF ATTORNEY FORM AUTHORIZED BY SECTIONS 3109.65 to 3109.73 OF THE OHIO REVISED CODE I, the undersigned, residing at, in the county of, state of, hereby appoint the child's grandparent,, residing
More informationRegulation of the Chancellor
Regulation of the Chancellor Category: STUDENTS Issued: 6/29/09 Number: A-780 Subject: STUDENTS IN TEMPORARY HOUSING Page: 1 of 1 SUMMARY OF CHANGES This regulation updates and supersedes Chancellor s
More informationGet to Know the National Center for Homeless Education (NCHE)
Get to Know the National Center for Homeless Education (NCHE) Operates U.S. Department of Education s homeless education technical assistance & information center Comprehensive website: www.serve.org/nche
More informationState of Ohio, County of ) Subscribed, sworn to, and acknowledged before me this day of, 20.
POWER OF ATTORNEY I, the undersigned, residing at, in the county of, state of, hereby appoint the child's grandparent,, residing at, in the county of, in the state of Ohio, with whom the child of whom
More informationSurrogate Parents and Special Education Decision-Making for IDEA-Eligible or Thought-to-be-Eligible Children. November 2009
Surrogate Parents and Special Education Decision-Making for IDEA-Eligible or Thought-to-be-Eligible Children November 2009 Acknowledgements: A special expression of gratitude to staff in the California
More informationNOTICE TO GRANDPARENT
A Power of Atrney may be created if the parent, guardian, or cusdian of the child is any of the following: 1. Seriously ill, incarcerated, or about be incarcerated 2. Temporarily unable provide financial
More informationQuick Reference Guide: Handling Custody Issues in the School
Dallas Independent School District Quick Reference Guide: Handling Custody Issues in the School Office of Legal Services Administration Building, Box 69 972-925-3250 (main) 972-925-3251 (fax) Updated August
More informationPOWER OF ATTORNEY., the parent(s), the undersigned, residing at, in the county of, state of, hereby appoint the child s
POWER OF ATTORNEY Case No. I/we,, the parent(s) of, the undersigned, residing at, in the county of, state of, hereby appoint the child s grandparent,, residing at, in the state of Ohio, with whom the child
More informationIllinois State Board of Education
Illinois State Board of Education 100 North First Street Springfield, Illinois 62777-0001 www.isbe.net James T. Meeks Chairman Tony Smith, Ph.D. State Superintendent of Education Policy of the Illinois
More informationChanges in the HUD Definition of Homeless
Changes in the HUD Definition of Homeless On January 4, 2012, final regulations went into effect to implement changes to the U.S. Department of Housing and Urban Development s (HUD s) definition of homelessness
More informationGrandparent Custody and Visitation Issues
Chapter 14 Grandparent Custody and Visitation Issues Melody K. Fuller, Esq.* Melody K. Fuller, P.C. SYNOPSIS 14-1. Grandparent Visitation Issues 14-2. Custody of Grandchildren 14-3. Resources This chapter
More informationPARENT AND CHILD. Chapter Twelve
Chapter Twelve PARENT AND CHILD Every person under the age of 18 is considered a minor in the State of Alaska. Upon your 18th birthday, you reach the age of majority. [AS 25.20.010.] Parents have certain
More informationODE EMIS MANUAL. Section 2.1.1: Student Enrollment Overview
ODE EMIS MANUAL Section 2.1.1: Student Enrollment Overview Version 1.0 May 2, 2014 REVISION HISTORY The revision history provides a means for the reader to easily navigate to the places in the manual where
More informationThe McKinney-Vento Act At a Glance
McKinney-Vento Law into Practice The McKinney-Vento Act At a Glance This summary provides a brief overview of the key provisions of Subtitle VII-B of the McKinney-Vento Homeless Assistance Act, reauthorized
More informationKansas State Department of Education STATE PLAN FOR THE EDUCATION FOR HOMELESS CHILDREN AND YOUTH PROGRAM
Kansas State Department of Education STATE PLAN FOR THE EDUCATION FOR HOMELESS CHILDREN AND YOUTH PROGRAM SUBTITLE B OF TITLE VII OF MCKINNEY-VENTO HOMELESS ASSISTANCE ACT AS AMENDED BY THE NO CHILD LEFT
More informationWithin the context of this policy, the following definitions apply:
BOARD OF EDUCATION POLICY 9300 HOMELESS CHILDREN AND YOUTH Effective: June 9, 2011 I. Policy Statement The Board of Education of Howard County is committed to ensuring that all children and youth have
More informationA GUIDE TO UNDERSTANDING THE EMANCIPATION OF A MINOR
A GUIDE TO UNDERSTANDING THE EMANCIPATION OF A MINOR Traditionally, any person under the age of 18 who was married or entered military service was considered emancipated. An additional category consisted
More informationGuardianship and Third Party Custody Law Sample Pleadings for Indiana Attorneys (These Documents Should Not be Used by Unrepresented Parties)
Guardianship and Third Party Custody Law Sample Pleadings for Indiana Attorneys (These Documents Should Not be Used by Unrepresented Parties Attachment A: Verified Petition for Appointment of Temporary
More informationN.J.A.C. 6A:17, EDUCATION FOR HOMELESS CHILDREN AND STUDENTS IN STATE FACILITIES TABLE OF CONTENTS
N.J.A.C. 6A:17, EDUCATION FOR HOMELESS CHILDREN AND STUDENTS IN STATE FACILITIES TABLE OF CONTENTS SUBCHAPTER 1 6A:17-1.1 6A:17-1.2 GENERAL PROVISIONS Purpose Definitions SUBCHAPTER 2 6A:17-2.1 6A:17-2.2
More informationIn Your Child s Best Interest
In Your Child s Best Interest A Handbook for Separating/Divorcing Parents Includes information about: Includes information about: Court Ordered Programs Parenting Plan Deploying Military Parents Mediation
More informationBetween a third and half of school-age children in the foster care system receive special
Special Education Series Special Education Decision Making 1 Role of the Child s Attorney Between a third and half of school-age children in the foster care system receive special education services, compared
More informationKnow the Law About Who May Pick Up a Child from Child Care
Know the Law About Who May Pick Up a Child from Child Care In California, part of a child care provider s legal responsibility for the children in her care is an obligation to let the child leave only
More informationSupporting School Success for Homeless Children of Veterans and Active Duty Military Members
BEST PRACTICES IN INTERAGENCY COLLABORATION Supporting School Success for Homeless Children of Veterans and Active Duty Military Members Introduction This brief is designed for local staff of the Department
More informationFAFSA Tips for Applicants in Unique Situations As of January 11, 2011
FAFSA Tips for Applicants in Unique Situations As of January 11, 2011 This tip sheet is designed to help federal student aid applicants in unique situations tackle tricky questions on the 2011 12 FAFSA.
More informationA Guide to Child Protective Services for Relatives
State of Alaska Department of Health & Social Services Office of Children s Services Caring for children is one of the most important jobs of every community. Relatives play an essential role in helping
More informationSUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES CHAPTER SIX ADOPTION RULES...137
CHAPTER SIX ADOPTION RULES...137 6.1 AGENCY ADOPTION (Fam. Code, 8700 et seq.)...137 (a) Filing Petition...137 (b) Petition & Supporting Papers...137 (c) Joinder by Agency...137 (d) Report by Agency...137
More informationSchool Selection for Students in Out-of-Home Care
Introduction BEST PRACTICES IN HOMELESS EDUCATION School Selection for Students in Out-of-Home Care The Legal Center for Foster Care and Education and the National Center for Homeless Education present
More informationMarriage & Family Arizona Adoption Laws
Overview Arizona statutes addressing adoption are in Title 8 of the Arizona Revised Statutes. Federal laws concerning Indian Children also apply to adoption and are contained in the Indian Child Welfare
More informationYou may petition for adoption in the Probate Division of the Vermont Superior Court if:
This chapter includes information about: Who Can Adopt Who Can Be Adopted Procedure for Adoption Rights of People Who Have Been Adopted Adoption of Stepchildren and Others Guardianship of a Minor Emancipation
More informationSPECIAL EDUCATION IN MASSACHUSETTS
SPECIAL EDUCATION IN MASSACHUSETTS Children's Law Center of Massachusetts 298 Union Street Lynn, MA 01901 (781) 581-1977 *updated February 2013 Introduction.1 When is a student eligible for special education
More informationMcKinney Vento Homeless Assistance Act
This presentation will briefly describe the McKinney Vento Homeless Assistance Act, a part of the No Child left Behind Act, and the responsibilities of local school districts to identify and serve homeless
More informationDATE ISSUED: 2/15/2016 1 of 11 UPDATE 104 FD(LEGAL)-P
GENERAL ELIGIBILITY STUDENT AND PARENT CONSERVATOR GUARDIAN OR PERSON HAVING LAWFUL CONTROL STUDENTS LIVING SEPARATE AND APART HOMELESS STUDENTS A board or its designee shall admit into the public schools
More informationADOPTION. The Adoption Law All adoptions filed in the state of Missouri are governed by the same 1123
ADOPTION What is Adoption? Adoption is a legal process that establishes a parent/child relationship between two people who are not otherwise related by blood. There are three sets of participants in an
More informationSouth Dakota Parental Rights and Procedural Safeguards
South Dakota Parental Rights and Procedural Safeguards Special Education Programs Revised July 2011 Prior Written Notice... 1 Definition of Parental Consent... 3 Definition of a Parent... 3 Parental Consent...
More informationThe McKinney-Vento Homeless Assistance Act
The McKinney-Vento Homeless Assistance Act Reauthorized January 2002 Subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.) is amended to read as follows: Subtitle
More informationEDUCATION FOR HOMELESS CHILDREN AND YOUTH PROGRAM
EDUCATION FOR HOMELESS CHILDREN AND YOUTH PROGRAM TITLE VII-B OF THE McKINNEY-VENTO HOMELESS ASSISTANCE ACT AS AMENDED BY THE NO CHILD LEFT BEHIND ACT OF 2001 NON-REGULATORY GUIDANCE INDIANA DEPARTMENT
More informationCHAPTER 8 GENERAL LEGAL RIGHTS
GUARDIANSHIP/CONSERVATORSHIP GENERAL LEGAL RIGHTS CHAPTER 8 Guardianship is a legal process whereby one individual is appointed by a Probate Court to have the authority and responsibility for the personal
More informationCHECKLIST FOR THE PREPARATION AND REVIEW OF A PETITION FOR ADOPTION INVOLVING A DEPARTMENT OR AGENCY ADOPTIVE PLACEMENT PURSUANT TO O.C.G.A.
FOR ADOPTION INVOLVING A DEPARTMENT OR AGENCY ADOPTIVE PLACEMENT PURSUANT TO O.C.G.A. 19-8-4 REV. 07/8/2007 Page 1 of 6 NOTE: This checklist is intended as a guide to the practitioner in the preparation
More informationHow to Enroll a Child who is Homeless
How to Enroll a Child who is Homeless Education Law Center The Philadelphia Building 1315 Walnut Street, 4th Floor Philadelphia, PA 19107-4717 Phone: 215-238-6970 Education Law Center 702 Law & Finance
More informationPlease note, however, that a guardianship does not give the guardian control over the child s property or assets.
INTRODUCTION What is a legal guardianship? A legal guardianship is a legal proceeding by which an individual other than a minor child s parent is made responsible for the care, custody, and control of
More informationAddressing the Needs of Homeless Youths in Higher Education. Diana Bowman Director National Center for Homeless Education
Addressing the Needs of Homeless Youths in Higher Education Diana Bowman Director National Center for Homeless Education Do you know a student who: Is living doubled up because she was kicked out of her
More informationSocial Security Act, Title IV, Part A, Sec. 402(a) 1975 PA 238 (MCL 722.621 et seq.) 1973 PA 116 (MCL 722.111-722.128)
PSM 711-4 1 of 11 LEGAL BASE The following federal and state laws are the legal base for Children s Protective Services in Michigan: Federal Law Social Security Act, Title IV, Part A, Sec. 402(a) Federal
More informationSupporting Homeless Students with Disabilities: Implementing IDEA
BEST PRACTICES IN HOMELESS EDUCATION Supporting Homeless Students with Disabilities: Implementing IDEA Over 1.35 million children and youth experience homelessness each year. 1 These children and youth
More informationforth various criteria to be used in that determination, those criteria are necessarily vague
I. THE LAW OF CHILD CUSTODY A. Significant Child Custody Statutes All matters regarding children are determined by the best interest of the child. These matters include custody, visitation and child support.
More informationA Guide to Adoption Law for North Carolina Birth Mothers
A Guide to Adoption Law for North Carolina Birth Mothers 1. Who may place a child for adoption? Who accepts children for adoption? A parent with legal and physical custody of a child may place the child
More informationBOARD OF PROFESSIONAL RESPONSIBILITY OF THE SUPREME COURT OF TENNESSEE FORMAL ETHICS OPINION 2013-F-157 QUESTION
BOARD OF PROFESSIONAL RESPONSIBILITY OF THE SUPREME COURT OF TENNESSEE FORMAL ETHICS OPINION 2013-F-157 Is it a conflict of interest for a lawyer who was appointed guardian ad litem to subsequently represent
More informationSeven Generations Charter School 154 East Minor Street Emmaus, PA 18049. Board of Trustees. Enrollment Policy
Seven Generations Charter School 154 East Minor Street Emmaus, PA 18049 Board of Trustees Purpose The Board of Trustees of Seven Generations Charter School ( Charter School ) recognizes that its enrollment
More informationChild Accounting Guidelines. Pennsylvania's Homeless Children's Initiative
Child Accounting Guidelines Pennsylvania's Homeless Children's Initiative February 2011 The Education for Homeless Youth 42 U.S.C. 11431 Basic Education Circular (BEC) provides definitions for homeless
More informationSUBCHAPTER 3. SPECIAL EDUCATION NEW JERSEY ADMINISTRATIVE CODE TITLE 6A EDUCATION
CHAPTER 14 SPECIAL EDUCATION NEW JERSEY ADMINISTRATIVE CODE TITLE 6A EDUCATION CHAPTER 14. AUTHORITY: SPECIAL EDUCATION N.J.S.A. 18A:4-15, 18A:7A-1 et seq., 18A:7B-1 et seq., 18A:7C-1 et seq., 18A:40-4,
More informationWHAT HAPPENS IF MY CHILD IS HAVING TROUBLE LEARNING IN SCHOOL?
TABLE OF CONTENTS INTRODUCTION... 1 WHAT HAPPENS IF MY CHILD IS HAVING TROUBLE LEARNING IN SCHOOL?... 2 STEPS TO GETTING SERVICES... 3 ANSWERS TO FREQUENTLY ASKED QUESTIONS... 9 REQUEST FOR ASSISTANCE...
More informationSOUTH AFRICAN REQUIREMENTS FOR MINORS TRAVELLING INTERNATIONALLY
SOUTH AFRICAN REQUIREMENTS FOR MINORS TRAVELLING INTERNATIONALLY 1. Background Pursuant to the 2011 amendments to the Immigration Act, 2002 (Act No 13 of 2002) and the subsequent Immigration Regulations
More informationRelative Placement Information for the Relatives of Abused and Neglected Children
Relative Placement Information for the Relatives of Abused and Neglected Children The Children s Law Offi ce serves as a statewide resource center for attorneys and other professionals involved in judicial
More informationPACKET 9. Forms for a Petition for Temporary Custody When:
PACKET 9 Forms for a Petition for Temporary Custody When: 1. You are Extended Family or you reasonably believe that you are the father of the Minor Child(ren) 2. The child(ren) reside with you. EIGHTH
More informationFrequently Asked Questions about Adoption in Tennessee
Frequently Asked Questions about Adoption in Tennessee BIRTH MOTHER RELATED 1. When can the mother of the baby start the adoption process? A. Legal proceedings cannot begin until at least four (4) days
More informationORDER VACATED AND CASE REMANDED WITH DIRECTIONS. Division II Opinion by: JUDGE ROTHENBERG Roy and Metzger*, JJ., concur. Announced: August 10, 2006
COLORADO COURT OF APPEALS Court of Appeals No.: 05CA1065 City and County of Denver Probate Court No. 98PR163 Honorable C. Jean Stewart, Judge In the Matter of J.C.T., a minor child, and C.A.H., Petitioner
More informationChildren s Law Center of Indiana
Children s Law Center of Indiana Frequently Asked Questions about Termination of the Parent-Child Relationship in Indiana 1 By: Derelle Watson-Duvall, J.D. Kids Voice of Indiana May 2015 1. What is the
More informationTHE BASICS Getting a Divorce in New York State
THE BASICS Getting a Divorce in New York State Either the wife or the husband can ask a Court for a divorce. In this booklet, we say that the wife is the person who will go to Court to request a divorce
More informationRole of Foster Parents in Family Court
Role of Foster Parents in Family Court This information packet has been written for foster parents, those individuals licensed by the Department of Social Services (DSS) to provide temporary care for children
More informationThe Role of Schools in Supporting Children in Foster Care
The Role of Schools in Supporting Children in Foster Care March 2010 Despite the pain, hardship, and disruption of their early lives, many foster youth are unbelievably resilient individuals. They grow
More informationN.J.A.C. 6A:14, SPECIAL EDUCATION TABLE OF CONTENTS
N.J.A.C. 6A:14, SPECIAL EDUCATION TABLE OF CONTENTS SUBCHAPTER 1. GENERAL PROVISIONS 6A:14-1.1 General requirements 6A:14-1.2 District eligibility for assistance under IDEA Part B 6A:14-1.3 Definitions
More informationSpecial Circumstances and Populations References
Special Circumstances and Populations References 2014 California High School Counselor Workshop Guide Page 192 Are you unable to provide parent information due to special circumstances? In situations
More informationWHEREAS, children caught in the middle of high parental conflict are more likely to be harmed; and
THE ELEVENTH JUDICIAL CIRCUIT MIAMI-DADE COUNTY, FLORIDA CASE NO. 06-1 (Court Administration) ADMINISTRATIVE ORDER NO. 06-03 IN RE: PARENTING COORDINATION IN FAMILY LAW CASES WHEREAS, children caught in
More informationLegal Safeguards for Children In New Mexico
Legal Safeguards for Children In New Mexico Presented by Tara Ford and Grace Spulak Pegasus Legal Services for Children Safe and Stable Homes Parent Support Kinship Guardianship Act Abuse and Neglect Act
More informationINSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.905, PETITION FOR GRANDPARENT VISITATION. When should this form be used? What should I do next?
INSTRUTIONS FOR FLORIDA FAMILY LAW FORM 12.905 PETITION FOR GRANDPARENT VISITATION When should this form be used? This form should be used when grandparents are requesting visitation in one of the following
More informationLone Tree Community School District Homeless Plan
Lone Tree Community School District Homeless Plan Homeless Students: Definitions, Rights and Identification July, 2013 Identified Lone Tree Homeless Liaison: Mrs. Shelby Bryce, PK-12 Guidance Counselor
More informationEducational Programs for Students in "Non-Educational" Placements
Educational Programs for Students in "Non-Educational" Placements 22 Pa. Code Section 14.102 (a)(2)(xiii) DATE OF ISSUE: September 1, 1997 DATE OF REVIEW: May 2010 PURPOSE The purpose of this Basic Education
More informationOntario Works Directives
Ontario Works Directives 5.5: Family Support Legislative Authority Sections 13, 14, 23, 59 and 69 of the Act. Sections 13(1), 15, 62(2) and 65.1 of Regulation 134/98. Sections 33(3) and 34(3) and (3.1)
More informationMatter of H.P. v. B.P. 1/22/2008 NYLJ 19, (col. 3)
CHAPTER 2 WORKING IN FAMILY LAW Decision of Interest Although the decision below concerns a family offense case and thus could have been included in the updates for Chapter 11, we have placed it here because
More informationAn electronic version of this document is available at: www.extension.umn.edu/parentsforever
1 W1 We Agree: Creating a Parenting Plan Parenting Agreement Worksheet Minnesota Version This worksheet will help parents put together a parenting plan that meets the needs of their children as they parent
More informationCAUSE NO. D-1-FM- IN THE MATTER OF IN THE DISTRICT COURT THE MARRIAGE OF
CAUSE NO. D-1-FM- IN THE MATTER OF IN THE DISTRICT COURT THE MARRIAGE OF PETITIONER AND RESPONDENT JUDICIAL DISTRICT AND IN THE INTEREST OF CHILD/REN TRAVIS COUNTY, TEXAS PARENTS (Fill in all lines) Mother
More informationSection 7: Other Legal Matters
Section 7: Other Legal Matters A. Emancipation of a Minor The caseworker rarely encounters the situation of a minor requesting emancipation. Since the process of emancipation is a legal process, if a youth
More informationFiling a Form I-360 Self-Petition under the Violence Against Women Act
Filing a Form I-360 Self-Petition under the Violence Against Women Act Prepared by: Northwest Immigrant Rights Project http://www.nwirp.org 615 Second Avenue, Suite 400 Seattle, Washington 98104 (206)
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS UNPUBLISHED April 14, 2011 In the Matter of WINES, Minor. No. 300178 Calhoun Circuit Court Family Division LC No. 2009-003005-NA Before: O CONNELL, P.J., and K. F. KELLY
More informationFrequently Asked Questions About Adoption in Rhode Island
Frequently Asked Questions About Adoption in Rhode Island WARNING: Adoption is a serious legal proceeding that involves the termination of the legal parental rights of birth parents and the assumption
More informationFinal Decree of Divorce
Print court information exactly as it appears on your Petition for Divorce Cause Number: IN THE MATTER OF THE MARRIAGE OF Petitioner: Print first, middle and last name of the spouse filing for divorce.
More informationPARENT GUIDE TO THE JUVENILE COURT CHIPS PROCESS
PARENT GUIDE TO THE JUVENILE COURT CHIPS PROCESS INTRODUCTION This booklet has been prepared to help parents gain a better understanding of what to expect in Juvenile Court CHIPS proceedings (Chapter 48
More informationPROBATE COURT USER GUIDE TERMINATION OF PARENTAL RIGHTS AND ADOPTIONS PUBLISHED BY OFFICE OF THE PROBATE COURT ADMINISTRATOR STATE OF CONNECTICUT
PROBATE COURT USER GUIDE TERMINATION OF PARENTAL RIGHTS AND ADOPTIONS PUBLISHED BY OFFICE OF THE PROBATE COURT ADMINISTRATOR STATE OF CONNECTICUT COMPLIMENTS OF YOUR LOCAL PROBATE COURT INTRODUCTION This
More information5. MY RIGHTS IN THE FAMILY
5. MY RIGHTS IN THE FAMILY 5.1 General Do I have a right to live with my family? Yes. You have a right to live with your family if this is in your best interests. What is guardianship? Guardianship is
More informationOUTLINE Non-Agency Adoptions
OUTLINE Non-Agency Adoptions A. FILING 1. FIRST THINGS FIRST. Review all the materials you have received from CVLS regarding the adoption case. The primary document will be the questionnaire created from
More informationINDIVIDUALS WITH DISABILITIES EDUCATION ACT NOTICE OF PROCEDURAL SAFEGUARDS
INDIVIDUALS WITH DISABILITIES EDUCATION ACT NOTICE OF PROCEDURAL SAFEGUARDS Tennessee Department of Education Division of Special Education Department of Education February 11, 2008; Publication Authorization
More informationFamily and Medical Leave Act 4510.6
Human Resources Leaves of Absence Family and Medical Leave Act 4510.6 I. Entitlement to Unpaid Leave under the FMLA. A. Grounds for Family/Medical Leave. An eligible employee shall be entitled to a total
More informationChild Abuse, Child Neglect. What Parents Should Know If They Are Investigated
Child Abuse, Child Neglect What Parents Should Know If They Are Investigated Written by South Carolina Appleseed Legal Justice Center with editing and assistance from the Children s Law Center and the
More informationNC General Statutes - Chapter 115C Article 9 1
Article 9. Education of Children With Disabilities. Part 1. State Policy. 115C-106: Repealed by Session Laws 2006-69, s. 1, effective from and after July 1, 2006. Part 1A. General Provisions. 115C-106.1.
More informationCHILDREN AND YOUTH CASEWORKERS EDUCATION SCREEN
CHILDREN AND YOUTH CASEWORKERS EDUCATION SCREEN When a child enters the child welfare system, and at each of his/her six month reviews, a caseworker shall use this Education Screen to assess a child s
More informationMaximizing Credit Accrual and Recovery for Homeless Students
BEST PRACTICES IN HOMELESS EDUCATION Maximizing Credit Accrual and Recovery for Homeless Students Introduction Middle and high school students experiencing homelessness often face challenges in accruing
More informationDescriptor Term: STUDENT ADMISSIONS ISSUE DATE: 8-6-07 REVISED: 4-22-13 REVISED: 4-13-15
The Jackson County School District exists to provide publicly supported education to district residents. A child s residence is the residence of his or her parents or full legal guardian. The Jackson County
More informationOffice of Child Welfare Programs
Policy Title: Policy Number: Screening OAR I-AB.2 413-015-0200 thru 0225 Office of Child Welfare Programs Effective Date: 5/27/14 Approved By:on file Date Approved: Reference(s): APSAC: American Professional
More informationPregnancy and Parenting. A Legal Guide for Adolescents. With special information for their parents
en Pregnancy and Parenting A Legal Guide for Adolescents With special information for their parents Second Edition 2006 http://www.teenpregnancy.unc.edu http://www.teenmother.unc.edu Contents Introduction
More informationGuide for Parents. Juvenile Court Abuse & Neglect Proceedings ILLINOIS STATE BAR ASSOCIATION
Guide for Parents Juvenile Court Abuse & Neglect Proceedings ILLINOIS STATE BAR ASSOCIATION Child Law Section Council Copyright Illinois State Bar Association, 2008 1 2 TABLE OF CONTENTS Important Names,
More informationFrequently Asked Questions about Adoption in North Carolina
Frequently Asked Questions about Adoption in North Carolina BIRTH MOTHER RELATED 1. When can the mother of the baby start the adoption process? A. The mother of the baby cannot sign a Consent to Adoption
More informationFREQUENTLY ASKED QUESTIONS ABOUT ADOPTION IN FLORIDA
FREQUENTLY ASKED QUESTIONS ABOUT ADOPTION IN FLORIDA BIRTH MOTHER RELATED 1. When can the mother of the baby start the adoption process? A. As soon as she has a confirmed pregnancy, the adoption process
More informationTITLE 89: SOCIAL SERVICES CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER a: SERVICE DELIVERY
TITLE 89: SOCIAL SERVICES CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER a: SERVICE DELIVERY PART 309 ADOPTION SERVICES FOR CHILDREN FOR WHOM THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES
More informationINSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.980(a), PETITION FOR INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE (06/12)
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.980(a), PETITION FOR INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE (06/12) When should this form be used? If you are a victim of
More informationEducational Rights. Source of Rights for Children in the Child Welfare System. Florida Constitution
Florida Constitution Right to High Quality Education Article IX (a). Adequate provision shall be made by law for a uniform, efficient, safe, secure, and high quality system of free public schools that
More information