Foster Youth Rights

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 490

What is 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.

School Stability

School Stability - State and Federal laws provide educational protections for foster youth, including:

  • A right to remain in their school of origin when a move takes place; if it is in their best interest to do so.

  • The right to remain in a feeder school ( the next school after aging out such as elementary to middle school to high school) while in foster care.

  • Immediate enrollment in school, even if records are not available.

  • The timely transfer of records between schools.

School or Origin Ed Code 48853.5(a) - A foster youth has the right to remain at:

  • The school the child attended when removed from the parents.

  • The school the Child most recently attended.

  • Any school the child attended in the last 15 months, that the child had a substantial connection to (i. e. a teacher, other staff, sibling, students, program, etc.)

  • School of origin includes "non-public" schools and other special education placements

  • After a court case closes, foster youth may remain in their school of origin until the end of the school year if they are in grades K-8 or until graduation if they are in 9-12.

Immediate Enrollment - A foster youth has the right to be enrolled immediately in the new school, even if the youth has outstanding fees, fines, textbooks, or other items or moneys due to a school or does not have immunizations, birth certificate, uniforms, etc. (EC 48853.5 (f)(8)(b))

Student Records Ed. Code 48853.5 (f)(8)(C) - Timely Transfer

  • Old school shall transfer the student out within 2 business days, and deliver the student's educational records to the new school. The record must include a determination of seat time (attendance), classes, grades, immunizations, and IEP/504 plans if appropriate. If the student is in high school, a record of credits earned/partial credits shall also be calculated.

  • 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.