(Subject to a 602 Petition)
CA Courts: Guide to Juvenile Court
Legislation & LegalSee section 2(A) regarding LEA notification of 602 statusSchool Notification of Court Adjudication
Which youth subject to a 602 petition are included in the LCFF definition of foster?
Download the CDE Foster Youth Definitions document and see additional information on the definitions tab of the CDE webpage.
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).