(Subject to a 602 Petition)
Which youth subject to a 602 petition are included in the LCFF definition of foster?
The Local Control Funding Formula (LCFF) definition of foster includes any child who is the subject of a juvenile delinquency court petition (WIC 602) and who has been removed from his or her home by the court and placed into foster care under a "suitable placement" order. This includes youth who have been placed in a foster home, relative home, or group home. It does not include youth who have been placed in a juvenile detention facility, such as a juvenile hall or camp.(WIC 602): EC § 42238.01(b)(2)*
Under AB 490 and related laws, the definition of foster youth includes any child who is the subject of a juvenile delinquency court petition (WIC 602), regardless of where the youth lives.EC § 48853.5 Definition (WIC 602): EC § 48853.5(a)*
CALPADS, DataQuest, and the CA School Dashboard foster data is limited to youth defined as foster under the Local Control Funding Formula.
Source: Foster Youth Education Toolkit, Alliance for Children’s Rights* Full definitions are available in EC 42238.01(b) and EC 44853.3(a)
What is the role of the FYSCP and the LEA for "in-home" youth subject to a 602 petition?(non-LCFF foster)
•The Local Education Agency (LEA) is directly responsible for providing the educational rights to the 602 in-home students.
•The LEA should consult their local legal counsel regarding identification of 602 in-home students.
•The Foster Youth Services Coordinating Program (FYSCP) may work to build the capacity of the (LEA) to ensure that the 602 in-home students are receiving their allotted rights.
•The FYSCP may provide technical assistance and guidance to LEAs around the 602 in-home educational rights.
What education rights do youth subject to a 602 petition have?(LCFF and non-LCFF foster)
Youth subject to a 602 petition, regardless of placement, have a right to:
School of Origin EC § 48853.5(f),(g); CRC 5.651(e), CRC 5.651(f).
Immediate Enrollment EC § 48853.5(f)(8)(B).
Partial Credits EC §§ 48645.5, 49069.5(e-g), 51225.1.
Records Transfer EC §§ 48853.5(f)(8)(C), 49069.5.
AB 167/216 EC §§ 51225.1, 51225.2.
Notification to attorney regarding expulsion, in certain circumstances EC §§ 48853.5(d), 48911(g), 48918.1(a).