Educational rights for youth in the child welfare system
Educational rights for youth in the child welfare system EdSource
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More than 51,339 children and youth in California have an open case in the child welfare system
Credit: Alison Yin / EdSourceAccording to the most recent point-in-time count, there are over 51,339 children and youth in California who have an open case in the child welfare system. This count includes children who have been placed under the supervision of their county Department of Children and Family Services due to allegations of child neglect or maltreatment, as well as those whose parents have voluntarily requested support. These cases involve various forms of abuse, such as physical, sexual, emotional, and exploitation.
Educational Rights for Children in the Child Welfare System
Children in an out-of-home placement within the child welfare system have specific educational rights to ensure stability during this uncertain time. These rights are designed to accommodate their education as much as possible.
When a child is under the supervision of the Department of Children and Family Services, they may come into contact with multiple individuals involved in their case, including social workers, child advocates, police officers, attorneys, judges, and more. In some cases, they may be placed in foster care. It is important to note that while not all youth in the child welfare system are in foster care, all foster youth are part of the child welfare system.
“When these rights were established, the purpose was to keep children in some kind of consistency, some kind of security, or something that felt just familiar to them,” said Jessica Gonzalez, youth justice program manager at CASA/LA. CASA volunteers, who are court-appointed special advocates for youth in the child welfare system, often advocate for the enforcement of these education rights.
Understanding the Child Welfare System and Educational Rights
Child welfare cases are complex and depend on various factors, including the caretaking ability of a parent, the availability of a relative to take in the child, and the outcome of any appeals. The implementation of AB 490 in 2003 introduced many of these educational rights, but their complexity makes them difficult for many families to understand within the child welfare system.
Key Information about Children in the Child Welfare System
Number of Children in the Child Welfare System
As of April 1, there were 51,339 children and youth with an open case in the child welfare system in California. This count is based on data from the California Child Welfare Indicators Project, a collaboration between the University of California at Berkeley and the California Department of Social Services. The count peaked at nearly 63,000 open cases in 2016 and has decreased since then.
It is important to note that while there are over 51,000 children with open cases, there were more than 442,000 reported allegations of child maltreatment between April 2022 and April 2023.
Educational Rights for Children in the Child Welfare System
Youth in the child welfare system who are in an out-of-home placement, such as foster homes, group homes, shelters, and hotels through the Department of Children and Family Services, have access to specific educational rights. These rights aim to ensure that their education is not disrupted during this period of instability.
Some Educational Rights for Children in the Child Welfare System
- School stability: Children have the right to remain enrolled at their school of origin and be transported to that school.
- Enrichment access: Youth have the right to access the same enrichment activities as their peers, including academic resources and extracurricular activities.
- Placement in the least restrictive setting: Students have the right to be placed in the academic setting that is least restrictive for them to achieve academic progress and success.
- Immediate enrollment: Students have the right to be immediately enrolled in school, regardless of any outstanding documents or fees.
It is important to note that the implementation of these rights may vary depending on each child’s case and the decisions made by their educational rights holder.
Ensuring Educational Rights for Children in the Child Welfare System
Families and children can find additional information by contacting their county’s Foster Youth Services Coordinating Program or the California Foster Youth Education Task Force.
Understanding the ‘Least Restrictive’ Academic Setting
The concept of a least restrictive academic setting depends on factors such as age and whether a student has disabilities. Generally, it refers to an academic environment that is less strictly controlled.
For high school students, a least restrictive setting might be a traditional public school where they have more independence, participate in sports, attend special events, and have field trips. A more restrictive setting may involve a nonpublic school that provides a more controlled environment for students with specific behavioral, emotional, or academic needs.
It is important to consider that ongoing behavioral challenges, often resulting from trauma, may lead to a student being placed in a more restrictive setting. However, students have the right to be in a setting where they feel safe, comfortable, and able to learn. If a student has demonstrated the ability to succeed in a restrictive setting, they should be given the opportunity to practice those skills in a less restrictive setting.
Educational Rights Holders for Youth in the Child Welfare System
Every child in the child welfare system has an educational rights holder who has decision-making authority regarding their education. In many cases, parents continue to have the right to make educational and developmental decisions for their child, even if they have lost physical custody. Only under specific circumstances, such as limitations or restrictions imposed by the juvenile court, termination of parental rights, or legal guardianship, do parents lose their educational decision-making power.
Organizations like CASA often encourage relatives to hold educational rights to provide continuity in the child’s life once a child welfare case is closed. In the absence of parents or relatives, a court-appointed special advocate may serve as the educational rights holder.
The educational rights holder is entitled to have all the educational decision-making rights normally held by a parent or guardian.
Making Educational Decisions in the Child Welfare System
All educational decisions should be made with the child’s best interest in mind. For example, a child can remain in their school of origin if they prefer, but if it would require long hours of travel, enrolling them in a new school may be in their best interest.
The educational rights holder
SDGs, Targets, and Indicators
1. Which SDGs are addressed or connected to the issues highlighted in the article?
- SDG 4: Quality Education
- SDG 10: Reduced Inequalities
- SDG 16: Peace, Justice, and Strong Institutions
2. What specific targets under those SDGs can be identified based on the article’s content?
- Target 4.1: By 2030, ensure that all girls and boys complete free, equitable, and quality primary and secondary education leading to relevant and effective learning outcomes.
- Target 4.5: By 2030, eliminate gender disparities in education and ensure equal access to all levels of education and vocational training for the vulnerable, including persons with disabilities, indigenous peoples, and children in vulnerable situations.
- Target 10.2: By 2030, empower and promote the social, economic, and political inclusion of all, irrespective of age, sex, disability, race, ethnicity, origin, religion, or economic or other status.
- Target 16.2: End abuse, exploitation, trafficking, and all forms of violence against and torture of children.
3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?
Yes, the article mentions specific indicators that can be used to measure progress towards the identified targets. These include:
- Number of children and youth in the child welfare system (Indicator for Target 10.2)
- Number of children with access to specific educational rights in the child welfare system (Indicator for Target 4.1)
- Number of children placed in the least restrictive academic setting (Indicator for Target 4.5)
- Number of reported allegations of child maltreatment (Indicator for Target 16.2)
Table: SDGs, Targets, and Indicators
| SDGs | Targets | Indicators |
|---|---|---|
| SDG 4: Quality Education | Target 4.1: By 2030, ensure that all girls and boys complete free, equitable, and quality primary and secondary education leading to relevant and effective learning outcomes. | Number of children with access to specific educational rights in the child welfare system |
| SDG 10: Reduced Inequalities | Target 10.2: By 2030, empower and promote the social, economic, and political inclusion of all, irrespective of age, sex, disability, race, ethnicity, origin, religion, or economic or other status. | Number of children and youth in the child welfare system |
| Target 4.5: By 2030, eliminate gender disparities in education and ensure equal access to all levels of education and vocational training for the vulnerable, including persons with disabilities, indigenous peoples, and children in vulnerable situations. | Number of children placed in the least restrictive academic setting | |
| SDG 16: Peace, Justice, and Strong Institutions | Target 16.2: End abuse, exploitation, trafficking, and all forms of violence against and torture of children. | Number of reported allegations of child maltreatment |
Behold! This splendid article springs forth from the wellspring of knowledge, shaped by a wondrous proprietary AI technology that delved into a vast ocean of data, illuminating the path towards the Sustainable Development Goals. Remember that all rights are reserved by SDG Investors LLC, empowering us to champion progress together.
Source: edsource.org
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