Foster Youth Rights
Foster Youth Rights
Embedded Files
Definition of Foster Youth
A child or youth who is the subject of a petition filed under Welfare and Institutions Code (WIC) Section 300 (meaning a court has taken jurisdiction over a child and declared the child to be a dependent of the court due to the presence or risk of abuse or neglect). This includes both children who are living at home while a dependent of the court as well as children who the court has ordered to be removed into the care, custody and control of a social worker for placement outside the home.
A child or youth who is the subject of a petition filed under WIC Section 602 (meaning a court has taken jurisdiction over a child and declared the child to be a ward of the court due to the child’s violation of certain criminal laws) and has been ordered by a court to be removed from home pursuant to WIC Section 727 and placed in foster care as defined by WIC Section 727.4(d).
AB 373, as amended, Gipson. Intersession programs: foster children and homeless youth:
priority access.
(2) A foster child who changes residences pursuant to a court order or decision of a child welfare worker or a homeless child or youth shall be immediately deemed to meet all residency requirements for participation in interscholastic sports or other extracurricular activities.
AB 490
Assembly Bill 490 (AB 490) refers to California legislation that addresses many of the barriers to equal educational opportunity for foster children and youth. AB 490 was passed in 2003 and became effective January 1, 2004. Its provisions charge school districts, county social service agencies, and other professionals with additional responsibilities to facilitate educational equity for foster children. Recognizing how often these children face educational disruptions, AB 490 added new provisions to the law and amended others, mostly in the California Education Code. If these provisions are followed, they should facilitate stability and educational opportunity in the best interest of each child in foster care.
Preference for mainstream school:
Foster children must attend a regular, mainstream school unless:
They have an IEP requiring a different educational placement,
The person who holds the right to make educational decisions for the child determines it is in the child’s best interest to attend a different educational program, or
The person with educational rights and the child decides that it is in the child’s best interests to remain in the school of origin for the remainder of the school year. EC § 48853(a)
Educational Equity: Educational placements for foster children must ensure that they have access to academic resources, services, enrichment and extracurricular activities available to all other students. EC § 48853(g)
Basis for Placement: In all instances, educational placement decisions for foster children must be based on the best interests of the child and must ensure that the child is placed in the least restrictive educational program that can serve his/her needs. EC § 48853(g)
School of origin: If a foster child’s placement changes, the child has the right to remain in his/her school of origin for the duration of the school year. EC § 48853.5(d)(1)
Immediate enrollment: When a foster child changes schools, the new school must immediately enroll, even if there is missing things that are usually required for enrollment (e.g. academic and medical records, immunization records, proof of residency, a school uniform) or if the student owes fees or materials to the prior school. EC § 48853.5(d)(4)(B)
School District foster care liaison: Every school district must appoint an educational liaison to serve foster children. EC § 48853.5(b)
Timely transfer of records:
County placing agencies and school districts work together to transfer records in a timely manner.
When worker or probation officer becomes aware of a transfer to a new school, he or she must notify the school of the last day of attendance, request calculation of student’s educational information, and request that the student be transferred. EC § p. 5 of 16 p.6 of 16 49069.5(c).
The school the student is transferring from must deliver the student’s educational record to the next school within 2 business days. EC §§ 49069.5(d),(e)
The new school shall, within 2 business days of the request to enroll, contact the last school the student attended and obtain all academic and other records.
Role of the School District
Make educational placements ensuring that youth have access to the same resources available to all students
Educational placement decisions must in the least restrictive environment.
Educational placement must be in the youth's best interest.
Assist with transfer grades, credits and records when youth transfer.
Complete school record transfers within 2 school days.
AB 167/216 Graduation for Foster Youth
Foster Youth Law AB 167/216-Helping Foster Youth Graduate
Assembly Bill 167/216 allows a student in foster care to be exempt from district graduation requirements that exceed state requirements if the pupil transfers to the district, or transfers from one high school to another after completing 2 years of high school or during their 11th or 12th grade year.
Foster Youth who have had multiple school placements, after completing 2 years of high school, will be able to use the state minimum requirements of 130 credits to graduate. This significantly reduces the number of classes/credits required for graduation. The bill also states that if the student is capable of completing the classes/credits they should be required to do so.
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