Minor’s Rights
Advocacy: A Primer
Presented By:
Anne Lukito
Sherri Rita
Maggie Roberts
Protection & Advocacy, Inc.
PRAT 2003
Why Are Minors in
Facilities?
• Special Education Placements
• Foster Care Placements
• Court Ordered/Juvenile
Probation Placements
• Parental Placements
• Emergencies
Advocacy Arenas
Special Education
(IEP meetings, due process hearings,
compliance complaints)
Juvenile Courts
(Placement and service advocacy for
Wards & Dependents)
Medicaid Benefits
(Medi-Cal Fair Hearings, Mental
Health Grievances)
Patients’ Rights
Minors’ Bill of Rights in
Foster Care
(WIC
§
16001.9)
• Right to live in safe, healthy, comfortable
•
•
•
•
•
•
•
•
•
•
home and be treated with respect
Right to be free from physical, sexual,
emotional or other abuse and corporal
punishment
Right to adequate/healthy food, adequate
clothing, allowance (if in group home)
Right to medical, dental, vision, and mental
health services
Right to be free from medication or chemicals
unless authorized by physician
Right to contact family unless prohibited by
court order
Right to contact social workers, attorneys,
foster youth advocates, CASAs, and
probation officers
Right to visit/contact brothers and sisters
unless prohibited by court order
Right to contact CCL or Foster Care
Ombudsperson re: violations of rights,
confidentially and free from retaliation
Right to make/receive confidential phone
calls unless prohibited by court order
Right to send/receive unopened mail unless
Minors’ Bill of Rights
in Foster Care (Cont’)
• Right to attend religious services of
choice
• Right to emancipation bank account
and manage own income unless
prohibited by court order
• Right to not be locked in any room,
building, or facility unless in CTF
• Right to attend school and participate
in extracurricular activities
• Right to work consistent with state law
• Right to social contacts outside of
foster care system
• Right to attend Independent Living
Program classes
• Right to attend court hearings and
speak with judge
• Right to private storage
• Right to review own case plan if over
12
• Right to be free from unreasonable
searches
Foster Care
Ombudsperson
• Independent review of
complaints made by or on
behalf of children and youth in
foster care
• Information regarding rights
• Contact: 1-877-846-1602 or
fosteryouthhelp@dss.ca.gov
• See handouts for more
information
Educational Rights in
Facilities
ALL students with disabilities
are entitled to FAPE that
emphasizes education and
related services designed to
meet their unique needs and
prepares them for
employment and
independent living.
20 USC § 1400(d)(1)(A), Cal.
Educ. Code § 56000, SEHO
Decision case #SN02-00778]
Consent Rights
• Abortion
• Treatment related to pregnancy
(except sterilization)
• Care for communicable reportable
diseases/conditions (12 or older)
• Care for rape (12 or older)
• Care for sexual assault
• Care for alcohol/drug abuse (12 or
older)
• Outpatient mental health treatment
(12 or older)
• Blood donation (17 or older)
• Emergency care when parents not
available
• Everything if on active duty, married,
previously married, emancipated, or
self-sufficient (15 or older)
See handouts for more information,
citations to relevant laws
Seclusion & Restraint
• Unlike Group Homes, CTFs
have the capacity for secure
containment.
Welf. and Inst. Code § 4094.5.
• CTFs are governed by the
same general licensing
requirements as group homes,
unless stated otherwise in the
regulations.
CCR, tit. 22m § 84110.
CHILDREN IN GROUP
HOMES HAVE A RIGHT TO
BE FREE FROM RESTRAINT.
RESTRAINT MAY BE
JUSTIFIED IN CERTAIN
SITUATIONS WHERE THE
RISK OF IMMEDIATE HARM
CAUSED BY THE CHILD’S
CURRENT BEHAVIOR
OUTWIEGHS THE RISK OF
HARM BY THE RESTRAINT.
See, Cal. Code of Regs, tit. 22,
§ 84300.
WHEN CAN
RESTRAINTS BE USED
AGAINST MINORS?
“Group homes staff may be
justified/excused in using emergency
interventions which include restraint if:
• The restraint is reasonably applied
to prevent the child engaging in
assaultive behavior from exposure
to immediate injury or danger to
self or others; and
• The force used does not exceed
that reasonably necessary to avert
the injury or danger, and
• the danger of the force applied
does not exceed that reasonably
necessary to avert the injury or the
danger, and
• the duration of the restraint ceases as
soon as the danger of harm has been
averted.
CCR,tit. 22, § 84300
• Following an incident involving
the use of manual restraints,
the administrator or his/her
designee must discuss the
incident with the staff involved
in the incident no later than the
working day following the
incident.
• The administrator must
determine whether the actions
taken were consistent with the
emergency intervention plan,
and document the findings.
RESTRAINT REVIEW
The restraint review must evaluate:
• what the staff did, if anything, to deescalate the situation. What
interventions were utilized and
whether the staff attempted at
least- two non-physical
interventions.
• If the use of de-escalation
techniques escalated the child’s
behavior, then the techniques must
be re-evaluated for effectiveness.
Ineffective or counter-productive
de-escalation techniques must not
be used.
QUESTIONS
ADVOCATES SHOULD
ASK RE: RESTRAINTS
• Were manual restraints used
only after less restrictive
techniques were used and
proven to be ineffective?
• Was the restraint limited only
to the period of time that the
child was presenting as a
danger to self or others?
AVOIDING USE OF
RESTRAINTS
IN THE FUTURE . . .
The administrator/designee,
authorized representative or
parent, and facility social work
staff must assess whether it is
necessary to amend the child’s
needs and services plan.
CCR, title 22, § 84368.3.
• An incident report
pertaining to the use
of physical restraint
must include, among,
many other things:
• Date and time of other
manual restraints
within the past 24
hours;
• Description of child’s
behavior requiring
restraint and
precipitating factors;
• Description of type
and duration of
manual restraints;
• Description of what
non-physical
interventions were
used prior to restraint
and explanation of
why more restrictive
interventions were
necessary.
• Description of any
injuries sustained by
child or staff, and what
type of medical
attention sought and
where taken.
• Names of facility staff
who: 1) provided
restraint: and 2)
witnessed the child’s
behavior and the
restraint.
• Description of child’s
verbal response and
physical appearance at
the completion of the
restraint.
• If post incident review
shows that facility
personnel did not
attempt to prevent
manual restraint, a
description of what
activity should have
been taken by facility
staff and what
corrective action will be
A Child may only be restrained
by facility staff who have
received and maintained
written certification by a
certified training instructor that
the staff member has
successfully completed
emergency intervention
training in accordance with
state regulations.
CCR, title 22, § 84365.5
MINIMUM
STANDARDS
• IF the restraint requires two people, a
minimum of two people must be used.
• IF restraint continues after 15 minutes,
a child must be visually checked by
person(s) other than those who
restrained the child to ensure that
• The child is safe and the child’s
personal needs, such as access to
toileting facilities, are being met;
• In order to continue restraints after
fifteen minutes, written approval by
the administrator or the
administrator’s designee must be
obtained after demonstration based
on observation of the child that
continued restraint is justified.
• The child must be visually checked
every 15 minutes after that to ensure
that she is not being injured, that her
personal needs are met, and that
restraint is still justified.
MINIMUM
STANDARDS, CONT’
• This process must be repeated
again if the child is still being
restrained after 30 minutes. Such a
continuation must be approved, in
writing, if possible, or verbally, by a
member of the facility’s social work
staff in addition to the administrator
or her designee. There must be a
specific finding by the administrator
and the social work staff that the
child is continuing to pose a danger
to herself and that the facility has
adequate resources to meet the
child’s needs.
• This process must be repeated
every half hour, if the child remains
in restraints.
LIMITS ON
RESTRAINT
• Manual restraint must not
continue exceed more than 4
cumulative hours in a 24 hour
period. If child is still presenting
imminent danger to himself or
others at that time, staff must:
• Contact the child’s authorized
representative; and
• Community emergency
services to determine whether
or not the child should be
removed from the facility.
RIGHT TO CARE
WHILE IN
RESTRAINTS
• Staff must promptly and
appropriately to a child’s
request for services,
assistance, and repositioning
by someone other than staff
doing restraining to determine
whether the child is still
presenting as a danger to
himself or others, and whether
the child is safe.
C.C.R., section 84322.
A continuum of interventions
must be used, starting with the
least restrictive intervention
method must be used first.
More restrictive methods such
as use of separation room and
restraints may be used only if
less restrictive methods have
been used and were ineffective
and only if the child continues
to be a present an imminent
danger for injuring himself or
others.
•
•
•
•
•
•
•
A child has an
absolute right to be
free
from:
Mechanical restraints (Note: Acute
psych. Hospitals, PHFs, and CTFs can
use mechanical restraint.)
Aversive behavior modification
interventions, such as water spray,
sensory deprivation;
Corporal punishment;
Verbal abuse or physical threats;
Manual restraints for more than 15
minutes in a 24 hour period unless
specified 84322.2. (Different rules for
Acute Psych. Hospitals (See CCR, tit.
22, §71545); PHF (CCR, tit. 22, 77103);
CTF (CCR, title 9. § 1929)
Manual restraints for more than a
cumulative 4 hours in 24 hour period.
(no exception)
Manual restraints must not be used
when the child’s current condition
contraindicates the use of manual
•
•
•
•
Notification to their
authorized
representative no
later than the next
working day, and
documentation of that
notification in the
incident report. Cal.
Code of Regs, title 22,
§ 84061.
Post incident review
of the restraint
incident by the
administrator or
her\his designee no
later than the next
working day following
the incident
(Discussed below).
Cal. Code of Rags,
title 22, § 84369.3.
Report by telephone
to the department no
later than next
working day following
the incident.
The preparation and
submission to the
department within 7
•
•
•
•
Documentation by staff
involved of the incident
immediately or no later
than end of the shift on
which the restraint
occurred.
Immediate notice to the
facility administrator or
social work staff following
any staff observation or
client complaint of post
emergency intervention
injury or suspected injury;
A physical exam during or
after an emergency
interventions if, after
talking to the child, the
administrator or social
work staff determine that
there is an injury or
suspected injury to the
child. CCR, tit. 22, §
84369
Whenever an
inappropriate restraint
technique is used on a
child, the licensee must
develop a corrective
action plan, and as part of
that plan may require
facility personnel to repeat
While in separation room:
• Staff must maintain eye contact with child
at all times
• Staff must remain in the room, if
necessary, to prevent injury.
• Staff must ensure that there are no
objects in the room with which child can
injure themselves.
• Threats or physical abuse may not be
used a method for placing a child in an
isolation room.
• A child may not be placed in separation
room unless facility social work staff and
child’s authorized representative indicate
that in writing in the child’s needs and
services plan.
• A child placed in separation room may
not be deprived of right of eating,
toileting, sleeping or other basic daily
living functions.
CCR, tit. 22, § 84322.1
Avoiding or
Transitionin
g From
Institutional
Placements
SPECIAL
EDUCATION
ADVOCACY
Special Education
Advocacy
The Law:
The Players:
Individuals with
The youth (up to
Disabilities
age 22)
Education Act
The Local
(20 U.S.C.
Education
§1400 et seq.)
Agency
California
(School,
Education
District, Board,
Code §56000
SELPA)
et seq.
The adult with
educational
rights if youth is
a minor
APPLICABLE LAWS RE:
EDUCATION RIGHTS OF
CHILDREN & YOUTH WITH
PSYCHIATRIC DISABILITIES
• Federal and state laws provide
that children with disabilities are
entitled to a free, appropriate
public education (FAPE) in
the least restrictive
environment (LRE).
Individuals with Disabilities
Education Act (IDEA)
• 20 United States Code § 1400 et
seq
• 34 Code of Federal Regulations §
300 et seq
California State Education Laws
• Calif. Education Code § 56000 et
seq
• 5 Cal. Code Regs. § 3000 et seq
Right to a Free,
Appropriate Public
Education (FAPE)
• Individually designed
services
• With all related services
necessary for students
to benefit from their
education
• At no cost to parents
Right to Least
Restrictive Environment
(LRE)
• Right to receive services in LRE
with supports to the maximum
extent appropriate with
opportunities for children with
disabilities to interact and be
educated with children who do not
have disabilities
• Includes receiving their education
in chronologically age appropriate
environments with nonhandicapped peers [CDE, Office of
Special Education, Policy on Least
Restrictive Environment (Oct. 10,
1986)]
FAPE IN
INSTITUTIONS
• A student’s right to FAPE is not
abrogated or diminished
because a student resides in a
state hospital or other locked
institution.
Cal. Educ. Code § 56852
• The state hospital in which
student resides is responsible
for ensuring that the student is
provided with FAPE
Welf. & Inst. Code § 4011.5
FAPE IN
INSTITUTIONS
(CONT’)
Although state hospital can
contract with LEA, NPS,
nonsectarian school or other
agency to provide special
education and related services
on state hospital grounds for
students whose IEPs don’t
indicate that such education
and services should be
provided in a program other
than on state hospital grounds.
Cal. Educ. Code § 56857
•
FAPE IN
INSTITUTIONS
• Legislative intent is
Student, parents
or
(CONT’)
that to the maximum
legal guardian have
a right to receive
notice regarding a
student’s right to
receive education in
the LRE, and
specifically, “to be
considered for
education programs
other than on state
hospital grounds”
Cal. Educ. Code
§56863
• Students with
disabilities,
including those in
state hospitals, are
to be educated in
the least restrictive
environment and
have available to
them a full
continuum of
educational
services
extent appropriate,
students residing in
state hospitals be
provided services in
the community near
the state hospital and
in the LRE
Cal. Educ. Code § 56850
• Just because a young
person is at a state
hospital, doesn’t
mean that they will
not be able to attend
school or programs
with non-disabled
peers. If an IEP team
determines that
because of the
student’s current
condition and
disability, the student
cannot tolerate a full
day of regular school
LRE OPTIONS FOR
CHILDREN & YOUTH IN
FACILITIES
• Options could • It is PAI’s opinion
include partial
that there should
day
be no reason why
participation
a student is not
in a local
considered or even
attending a
public school
community
with supports,
program (at the
such as a
least part time) if
behavior plan
they have met
and a 1:1
discharge criteria.
aide.
• LRE in a state
• Participation
hospital does NOT
in an
mean schooling in
extracurricula
the on-grounds
r activity in
school, or having a
the
tutor come in for a
community,
1-2 hours per day,
such as
especially if they
joining a club,
are nearing
taking an art
discharge from a
class,
facility.
Behavior Support
Plans
• Individually designed to help
distinguish, correct, replace or
ameliorate unwanted behavior(s)
• Attached as part of the IEP
document
• Strategies must be positive
[34 C.F.R. Sec. 300.346]
• If the behavior plan is not working,
then IEP team needs to reconvene
to update or improve the plan
• If behavior is more serious and
pervasive and the above step has
not been effective, may need
Functional Assessment and
Behavior Intervention Plan pursuant
Hughes Bill (AB 2586)
[Cal. Educ. Code §§ 56520-56524]
• Mandated the development and
implementation of positive
behavior intervention plans
Prohibited the use of aversive
behavior interventions
• Required that every special
education student who
demonstrates serious behavior
problems receive a functional
assessment of behavior
What Does “Serious
Behavior Problem”
Mean? Hughes Bill (cont’d)
Defined as one which
1) is self-injurious or assaultive;
2) or causes serious property
damage;
3) or is severe, pervasive, and
maladaptive, and for which
instructional/behavioral
approaches specified in the
student’s IEP are found to be
ineffective.
5 C.C.R. Sec. 3001(aa)
Functional Analysis
Assessment Should
Include … Hughes Bill (cont’d)
• Systematic observation &
description of targeted behavior,
antecedent events,
consequences, alternative
behaviors
• Review of records, history of
behavior
• Analysis of communicative
function of behavior and
antecedents; ecological and data
analysis
• Recommendations to the IEP
team, which may include a
positive behavior intervention plan
Components of a Positive
Behavior Intervention Plan
Hughes Bill (cont’d)
• Summary of information from
the functional assessment
• Goals and objectives;
Schedules for data collection
• Objective and measurable
description of targeted serious
behaviors and positive
replacement behaviors
• Detailed descriptions of
interventions to be used and
the circumstances for use,
such as settings, time periods.
• Dates for IEP team to review
plan’s effectiveness
What Is Meant by
“Positive”
Interventions? Hughes Bill
(cont’d)
• Interventions that respect person’s
dignity and
personal privacy and
assure physical freedom, social
interaction, and individual choice
• Do NOT include procedures which
cause pain or trauma (ex.: pepper
sprays, verbal abuse)
 For more information on Hughes Bill and
behavior interventions, see SERR*, Chapter 5
 CDE has a great book, “Positive Interventions for
Serious Behavior Problems: Best Practices in
Implementing the Positive Behavioral
Intervention Regulations”
• Available at 916-323-0832,
www.cde.ca.gov.cdepress
* Special Education Rights and Responsibilities
(SERR)
BEFORE A CHILD IS
PLACED OUT OF HOME
…
• Prior to the determination that residential
placement is necessary for the student to
receive special education and mental health
services, the IEP team
“shall consider less restrictive
alternatives, such as providing a
behavioral specialist and full-time
behavioral aide in the classroom, home
and other community environments,
and/or parent training in the home and
community environments. The IEP team
shall document the alternatives to
residential placement that were
considered and the reasons why they
were rejected. Such alternatives may
include any combination of cooperatively
developed educational and mental health
services.” (Emphasis Added)
Tit. 2, Cal. Code of Regs., Section 60100(c)
MEDI-CAL
ADVOCACY
Medi-Cal Advocacy
• People eligible for full scope
Medi-Cal services are entitled to
receive all medically necessary
services, including mental health
services
• Children, in addition, are entitled
to Early, Periodic, Screening,
Diagnosis, and Treatment
Services (EPSDT)
• The EPSDT program is not
available for adults
What can EPSDT
Provide?
• Screening and diagnosis for
medical conditions and/or
needs
• Provide treatment services to
address conditions revealed by
the screening and diagnosis.
EPSDT services can include:
Individual/ Group
Therapy
Therapeutic Behavior
Services
Family Therapy
Crisis Counseling
Case Management
Special Day
Programs
Medication
Alcohol/ Drug
Services
What Are Therapeutic
Behavior Services
(TBS)?
• 1:1 therapeutic contact to address
target behaviors
• The 1:1 aide/mentor is matched
specifically for the child and the
child’s strengths and needs.
• Assists and provides behavior
modeling, Increase social/
community competencies, Engage
in appropriate activities
• To prevent placement in a high level
group home or locked mental health
treatment facility;
• Or to enable transition out of such
placements into a lower level of care
What Are Therapeutic
Behavior Services
(TBS)? (cont’d)
Intended as a
short-term service
• Can receive services up to 24
hours per day, 7 hours per week
depending on child’s need
• Can be provided in many
settings: home, school,
group home,
recreation programs,
community
Who is Eligible for
TBS?
Must meet at least
Must meet all these
requirements:
 Eligible for fullscope Medi-Cal
benefits
 Receiving at
least 1 other
specialty mental
health service
 Without
additional
support, may
need acute care
or higher level of
residential care;
or may not
successfully
transition to a
lower level of
care
one of these
requirements:
 Placed in group
home Residential
Classification
Level (RCL) 12 or
higher, or in
locked mental
heatlh treatment
facility
 Is being
considered for
placement in
group home RCL
12 or above
 At least one
emergency
psychiatric
hospitalization
within last 24
months due to
current
presenting
disability
Limitations of TBS
• Not a long-term service
• Not to provide convenience for
caregiver or supervision for
compliance with probation
• Cannot be just to ensure physical
safety or to address conditions
not part of the mental health
condition
• Child can be determined eligible
in a PHF, IMD, State Hospital or
Crisis Residential Facility, but
can’t receive services while in
such a facility or other facilities
where outpatient specialty mental
health services are not
reimbursable through Medi-Cal
Rehabilitation Option
Services under MediCal
•
•
•
•
•
•
•
Assessment/Evalutation
Intensive Day Treatment
Rehab Day Treatment
In-Home Services
Collateral Services
Crisis Intervention
Medication prescription,
administration, education,
monitoring
• Crisis Stabilization to avoid
inpatient placement
See DMH Letter 01-01: One to One
Mental Health Services; Title 9,
C.C.R. section 1810.243
How to Apply for MediCal Mental Health
Services
• Call or write your county
Mental Health Department’s
access line (see handouts
for numbers)
• Call your service provider
and/or Patient’s Rights
Advocate.
• If request or application
denied,
• can file a complaint or
grievance
• or file state fair hearing
within 90 days of written
denial
• See handouts for
numbers and addresses
REGIONAL
CENTER
ADVOCACY
Regional Center
Advocacy
• Lanterman Act establishes the
Regional Center system.
• Intended to give people with
developmental disabilities the
right to services and supports
that will allow them to live a
more normal and independent
life. § 4501
• All citations are to the Welfare
& Institutions Code.
Regional Center
Eligibility
• Autism, Epilepsy, Cerebral Palsy,
Mental Retardation, or a condition
similar to or requiring similar
treatment to Mental Retardation.
§4512(a)
• Originate prior to the age of 18.
• Be substantially handicapping.
• Expected to last indefinitely.
• Not be solely physical.
• Regional centers also state that
it must not be solely psychiatric
or solely learning disabilities but
this is disputed. 17 Cal. Code
Regs. §54000.
IPP Process
Individual Program Plan
(IPP)…
• Must be done every three
years or when requested.
§4646.5
• This is the contract between
the client and the center that
outlines what services will be
provided. §4646.5(a)(4)
Parts of the IPP
• Goals and Objectives
• Schedule of Types and
Amounts of Services and
Supports
• Review of Health Status
• Schedule for Review and
Evaluation of the IPP. § 4646.5
(a) (2)-(5).
Possible Services
• Specialized
medical and
dental care
• Specialized
training for
parents
• Camping
• Infant
Stimulation
programs
• Respite
• Homemaker
services
• Communication
devices
• Advocacy
• Child care/Day
care
• Short term out of
home placement
• Diapers
• Counseling
• Mental Health
services
• Behavior
modification
programs
• Adaptive
equipment
Securing Services
• The regional center must
investigate and use creative
and innovative ways to meet
the family’s need and keep the
child in the family home. §
4685( c)(2)
• There shall be no gaps in
service.
• It is the regional center’s
responsibility
to ensure that all needed
services
are being provided.
Out of Home
Placement
• Numerous alternatives
Foster Family Agency (FFA) specialized foster family.
Small Family Home or Community
Care Facility (CCF) - up to six
people who do not need more than
incidental medical care.
Intermediate Care Facility (ICF) - 3
different kind with differing
numbers of resident. These offer
daily medical assistance.
Bates Homes - FFA and CCF’s
with additional training for children
with special health care needs that
can quickly deteriorate.
Developmental Center -
Institutional Care.
Out of Home
Placement continued
• It must be reasonably close to
the family home § 4685.1
• If not, the IPP must contain a
statement about efforts to do
so.
• The IPP must also include a
written statement about
developing the services and
supports to return the child to
the family home.
• Some fees may be assessed
for out of home placement.
Coordination between
Regional Center &
Department of Mental Health
• Each regional center and
county mental health agency
must have a memorandum of
understanding (MOU). §
4696.1
• Regional Center must help you
advocate for services from
CMH. § 4648(b).
• Regional Center must not allow
any gaps in service.
Emergency and Crisis
Intervention Services
• Include mental health services and
behavior modification services in
order to stay in your chosen living
arrangement. § 4648(a)(10)
• This could include extra staff or
support in your home. § 4648(a)(9)
• If needed, emergency housing
must be made available in your
home community.
• Every effort must be made to return
you to your home as soon as
possible.
At Risk of Entering the
Developmental Center
• Regional Resource
Developmental
Project (RRDP) must
conduct an
assessment of
the situation.
§ 4418.7
• Regional Center
must provide any
emergency services
that the RRDP finds
necessary.
Regional Resource
Developmental Project
• Primary purpose is
to provide support
services to move
clients out of the
Developmental
Centers (DC’s).
• They provide
assessment and
evaluation to
determine
placement in a
developmental
center and how it
can be prevented.
Regional Resource
Developmental Project
(cont’d)
• 7 RRDP’s in the state. Each serves
a different area.
• South Coast Regional Project: (714)
957-6518
• Serves clients of Fariview DC in
Orange County.
• Lanterman Regional Project: (909)
444-7302
• Serves clients of Lanterman DC in
Pomona.
• Porterville Regional Project: (559)
782-2120
• Serves clients of Porterville DC in
Porterville including those clients
with criminal justice involvement.
ADVOCACY FOR
CHILDREN &
YOUTH
IN STATE
CUSTODY
What Agency is
Responsible for Delivering
Special Education
Services?
• Licensed
• Juvenile Hall =
Children’s
County Board
Institution/Gro
of Education
up Home =
• California
Special
Youth
Education
Authority =
Local Plan
California Youth
Area, County
Authority
Office of
Education, or
Local
Education
Agency
• Foster Home =
Local
Educational
Special Education and
the Juvenile Justice
System
• Children in
• If child in juvenile justice
juvenile justice
system not already
identified as special
system still
education eligible, court
entitled to special
should be asked to
education and
await assessment for
related services,
eligibility prior to
including mental
disposition.
health services
• If child already placed by
juvenile court but not
• If court plans to
pursuant to special
order out of home
education eligibility,
placement and child
parent/educational
is special education
surrogate may seek
review of IEP and
eligible, court
assessment for
should be
eligibility for mental
informed of child’s
health services and
eligibility for
petition the court to
special
modify its placement
order in accord with the
education/mental
new IEP
health placement
• Court should also be
• Identifying child’s
informed of what
special education
services can be
available to child
and mental health
through Medi-Cal and
entitlements in court
if child found eligible for
order will also
Medi-Cal and Juvenile
Justice
“Public Institution” exclusion applies to
individuals who are “inmates of public
institutions,” including juvenile halls,
unless
• Minor placed in juvenile hall predisposition if in facility for reasons
other than alleged criminal activity
and if stay is specifically temporary, or
• Minor placed in secure treatment
facility contracting with juvenile
detention center but not part of
criminal justice system, or
• Minor on probation with home arrest
restrictions, or
• Minor placed as condition of probation
in psych hospital, RTC, or in
outpatient treatment
22 C.C.R. § 50273
•
Authority of Juvenile
Court
For Minors adjudged to be dependent or
ward of court, court may make orders
regarding care, supervision, custody,
conduct, maintenance and support,
including medical treatment for the
dependent/ward
• Court may join in proceedings any
agency determined to have failed to
meet legal obligation to provide services
to ward
• Services can only be ordered if ward
already found eligible for services
WIC §§ 362; 727(a); Appendix to Cal. Rules
of Court 24(h)(4).
• Courts expressly advised to take
responsibility for ensuring child’s
educational needs met regardless of
placement, to require case plans, court
reports, assessments, and permanency
plan address children’s educational
entitlements and how these are being
satisfied, and exercise oversight of social
service and probation agencies to ensure
children’s educational rights are
investigated, reported, and monitored.
Educational
Surrogates
Welf. & Inst. Code
§§ 361, 726:
When court limits
right of
parent/guardian to
make educational
decisions, shall at
same time appoint
responsible adult
to make
educational
decisions (note:
applies to all
children,
whether special
education
eligible or not)
34 C.F.R. § 300.515:
Educational
surrogate
represents child in
matters relating to
eligibility for
Gov. Code 7579.5:
LEA required to
appoint
educational
surrogate for child
if adjudicated
ward or
dependent upon
referral for special
education, if
court limits
parental rights
and no surrogate
appointed
pursuant to WIC
361or 726.
But see: Ed. Code
56055: Foster
parents can
exercise same
rights as parents
re: special
education
Guiding
Considerations
• Children are entitled to special
education and related services
regardless of their placement
• Children who are Medi-Cal eligible have
an array of services available to them that
can enable more effective placements
• Special education programs, including
related services such as mental health
services, can offer an array of placement
and support options
• Court-ordered residential placements
should be identified as educational,
medically necessary, or the responsibility
of a regional center or other agency as
appropriate so that the wrong county
agency or parents are not inappropriately
stuck with the bill.
ADDITIONAL
COMMUNITY BASED
RESOURCES
Children’s System of Care
(CSOC)
• Includes multi-agency programs, joint
case planning, consumer and family
input
 Child-centered, family-focused,
community-based services in the
least restrictive environment
 Agencies could include Probation,
Social Services, Mental Health,
Juvenile Justice, Education
 Services can include Assessment/
Evaluation, Therapy, Medication
Support, Day Treatment Intensive
Services, Intensive Case
Management, In-Home
Support Services,
Wraparound,
Therapeutic Behavior
Services
CSOC Goals
•
•
•
•
Children Will Be Safe
Children Will Be In Home
Children Will Be In School
Children Will Be Out of
Trouble
CSOC Targeted Population
• Target population: children age
18 and under who…
• have a diagnosis of a mental
disorder under DSM-IV, that is
not a primary substance abuse
or developmental disorder
• have emotional disturbance, with
2 or more impairments in the
following: self care, school
performance, family
relationships, ability to function in
the community
• have been or are at risk of being
placed out of the home
Program Eligibility
• Kids who have serious
emotionally disturbance, who
belong in the target population
• Kids who are referred by
collaborating programs,
including wraparound, family
preservation, juvenile justice &
probation, CalWorks, programs
that serve kids with dual
diagnosis
Welf. & Inst. Code, Sec. 5856.2
Wraparound Services
• “[C]ommunity-based intervention
services that emphasize the
strengths of the child and family
and includes the delivery of
coordinated, highly individualized
unconditional services to address
needs and achieve positive
outcomes”
Welf. & Inst. Code §
18251
Wraparound Pilot
Project
• Available on a pilot basis in some
counties and some geographic
areas of some counties.
• Participating counties: Alameda, Butte, El
Dorado, Humboldt, Los Angeles,
Mendocino, Monterey, Napa, Placer,
Sacramento, San Diego, San Luis
Obispo, San Mateo, Santa Clara,
Siskiyou, Tehama
• Check with your county regarding
whether or not wraparound is
available, or call DSS, Child and
Family Services Division, Child
Protection and Family Support
Branch, Integrated Services Unit
at 916/445-2890 (Cheryl
Treadwell, Manager)
Eligibility for
Wraparound Services
• Provided to children who are
involved with child welfare
service or probation and at risk
of out-of-home placement; it is
not limited to children on MediCal.
• May enter program as a ward
or dependent of court, or
through special education
• Alternative to Group Home
Placement
FAMILY
ADVOCACY
ADVOCACY
FOR
TRANSITIONAGED YOUTH
DISCHARGE
PLANNING
FOR YOUTH
AND ADULTS
Presented by:
Matthew Fishler
Anne Lukito
Stuart Seaborn
Protection & Advocacy, Inc.
PRAT 2003
HYPOTHETIC
ALS