Exparte Application and Order
FOR COURT USE ONLY
Ex parte application requesting the Juvenile Court to
limit parental/guardian rights to make educational
decisions for Juvenile Court dependents and wards in
order to allow the appointment of surrogate parents
for individualized education planning pursuant to Section
7579.5 of the Government Code, Sections 245.5
and 361 of the Welfare and lnstitutions Code, and
Sections 56026, 56050, 56156 and 56200 of the
Education Code.
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
JUVENILE COURT
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IN THE MATTER OF:COURT NUMBER:
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EX PARTE APPLICATION AND ORDER
LIMITING PARENTAL RIGHTS TO MAKE
EDUCATIONAL DECISIONS FOR MINORS
______, A MINOR
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1.PROCEDURES:
TO THE LOCAL EDUCATION AGENCY, THE DEPARTMENT OF CHILDREN’S SERVICES, THE PROBATION DEPARTMENT AND THE DEPARTMENT OF MENTAL HEALTH:
Recommendations to limit parental rights in education are made to the Court by the Department of Children’s
Services (DCS) or the Probation Department at the request of a Local Education Agency (LEA).
Applications for such requests are considered by the Court only when there is a referral for Special Education
Services or an existing Individualized Education Program (IEP) and parents not only refuse to cooperate in
educational planning, but also refuse to relinquish or transfer their rights to make educational decisions.
The procedure for requesting the Court to limit parental rights as to educational decisions pursuant to
Government Code Section 7579.5, Welfare and Institutions Code Sections 245.5 and 361 are as follows:
1.The LEA shall complete their section of this form and then forward it to DCS when the case concerns a dependent child or to the Probation Department when the case concerns a ward.
2.DCS or Probation shall then complete their section of this form and forward it to the Court for consideration. In addition, DCS and Probation shall provide a copy of this form to the parent(s) or legal guardian(s).
3.DCS or Probation shall also inform the LEA of all court orders made limiting parental rights in education decision-making.
2. IDENTIFYING INFORMATION: (TO BE COMPLETED BY DOS OR PROBATION)
MINOR'S NAME:/ DATE OF BIRTH:
COURT NUMBER:
/ DEPARTMENT NUMBER:
NAME, ADDRESS AND TELEPHONE NUMBER OF CURRENT PLACEMENT:
NAME OF PARENT/LEGAL GUARDIAN WHOSE EDUCATIONAL DECISION-MAKING POWERS ARE TO BE LIMITED:
/ RELATIONSHIP:
PARENT'S/LEGAL GUARDIAN'S ADDRESS:
NAME OF PARENT/LEGAL GUARDIAN WHOSE EDUCATIONAL DECISION-MAKING POWERS ARE TO BE LIMITED:
/ RELATIONSHIP:
PARENT'S/LEGAL GUARDIAN'S ADDRESS:
76E927A DCS 1727 (12/93)
3. EDUCATIONAL INFORMATION: (TO BE COMPLETED BY LEA)
NAME, ADDRESS AND TELEPHONE OF THE LOCAL EDUCATION AGENCY:NAME OF THE PROSPECTIVE SURROGATE PARENT:
/ TELEPHONE NUMBER
ADDRESS
REASONS INDICATING A NECESSITY FOR LIMITING PARENTAL/GUARDIAN RIGHTS TO MAKE EDUCATIONAL DECISIONS:
4. NOTICE: (TO BE COMPLETED BY DCS OR PROBATION)
A copy of this form has been served in the following manner:
[] Personal Service: I personally delivered a copy of this form to the other party as follows:
(a) Name of the party:
(b)Address where served:
(c)Date served:
[] First-Class Mail: I deposited a copy of this form on ______, in the United States
first-class mail, at ______, Los Angeles County,
California in a sealed envelope, with postage fully prepaid, addressed to:
(a)Name:
(b)Address:
At the time of mailing there was regular delivery of United States mail between the place of deposit and place of address. I am employed with Los Angeles County, California.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on __, at
______, Los Angeles, California.
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(Signature)(Type or print name)
Respectfully submitted,
Anita M. Bock, Director
Department of Children's Services
By:
,
Children's Social Worker
Approved by:
,
Supervising Children's Social Worker
- COURT ORDER
THE COURT HAVING READ AND CONSIDERED THE ABOVE [ ] DOES [ ] DOES NOT FIND GOOD CAUSE TO LIMIT PARENTAL RIGHTS TO MAKE EDUCATION DECISIONS:
The right to make educational decisions affecting
Name of child(ren)
Is limited as to
Name of Parent(s)
[] As recommended
[] As follows:
[] Other orders:
[] Continuance date for review:
[] Education Calendar annual review:
[] Reviews will take place until the child has married, reached the age of
majority or even after majority where the child is declared incompetent.
[] Jurisdiction terminated
[] Jurisdiction is reserved until the child reaches the age of majority as to the prior
order limiting parent's/guardian's right to make educational decisions for the
child.
[] The right to make educational decisions for the child is transferred to the legal
guardian/prospective adoptive parent.