Individualized Education Programs

In 1975 the US Congress enacted a law – now called the Individuals with  Disabilities Education Act [IDEA] – which established specific legal requirements for school districts to serve children with disabilities.

They must provide each child with a disability with an ‘individualized’ program that includes support services necessary for the child to benefit from education.

The school and the family of the child meet in what is called an “Individualized Education Program” [IEP] meeting.

All aspects of the child’s education, including goals and objectives, curriculum, support services and class and school placement are discussed and if agreed upon by the school and the parents, the IEP is completed, signed and then implemented by the school.

Either party can request a mediation at which time the matter may be resolved or can then go to a due process hearing in which the hearing officer will take evidence and issue a ruling.

The school has a duty to assess those students it feels may have educational challenges.  The family also has the right to ask for an assessment to determine whether the child is ‘disabled’ under the law.

Learning disabilities, emotional disturbances, autism, deafness, blindness, orthopedic disabilities, development delays, speech and language disabilities, traumatic brain injury, other health impaired (asthma, ADHD, ADD, epilepsy, heart conditions to name a few).

Related services are those services that help a student with disabilities “benefit” from his/her education and/or help the child attend a regular or “mainstreamed” class. Related services include orientation and mobility services, parent counseling, psychological services, sign language interpreters, physical or occupational therapy, transportation, recreation, speech and language services.

IEP meetings should generally take place before the start of a new school year, but can happen throughout the year.  Families have the right to request an IEP at any time.

The school must provide the family with an assessment plan which details the kinds of tests/analyses that will be used for the child.  The assessment is then done by a qualified individual and the results provided to the family and discussed at the IEP meeting.  The family has a right to secure its own outside assessment which the IEP team must review and consider. The school may have responsibility for paying for the outside assessment.

School districts can be responsible for placing a child in a private or even residential program.  Much will depend on the nature of the disability and other factors that you should discuss with your school and/or attorney.

The earliest a party can be legally divorced is 6 months and one day from the date of service of the initial Petition on the other party. Generally, if the parties agree, a basic divorce takes between six months and one year. For highly contested divorces, it could take years. This is why it is critical to have experienced attorneys to assist in moving the process along at a rate comfortable for the client.

The law allows a party to request a modification of child custody/visitation orders every two years without a change of circumstances. If a party is requesting to modify a custody order before two years, s/he must prove to the court there has been a change of circumstances requiring a change in custody.

Every parent has a legal responsibility to support his or her children. The amount is set by law and is based on the amount of time each parent spends with the child as well as the income of each parent.

Under California law, domestic violence includes physical abuse (or the threat of it), sexual assault, or behavior that constitutes stalking or harassment. You can file for a domestic violence restraining order to protect yourself and/or your children. This may or may not include an order requiring the alleged abuser to move out of your home.

While grandparents’ rights are limited, based on the circumstances of each family, the court can grant visitation rights to a grandparent over the objection of a parent in certain circumstances. If a grandparent or any other person, believes it would be detrimental for a child to remain with a parent, any person may petition the court for custody of a minor child.

No. We recommend you consult with an attorney prior to speaking with CPS.

There are a several avenues through which you can enforce child support orders. You can utilize the services of the Department of Child Support Services, request a wage assignment order to have support taken directly from a party’s wages or file for contempt if a party refuses to comply with a court order. Each of these options should be explored based on the party’s individual circumstances.

You may. The law recognizes “presumed parents” as having legal rights to relationships with children. Under certain delineated circumstances, a non-biological parent can assert parental rights to a child.

“Move- aways” are very complicated and it is difficult to prevail if the parties share joint legal custody. The court will consider the reduction of the current timeshare to the non-moving party, the distance of the move, and whether the move is necessary or is being requested to thwart the relationship between the children and the non-moving party. This a complicated request and should not be attempted without legal advice and representation. The courts are hesitant to allow any modifications to custody that would in effect remove one parent from a meaningful custodial relationship with the children.

If Child Protective Services has investigated a referral for child abuse and/or neglect and “substantiated” the allegation, your name is placed on the Child Abuse Central Index. Placement of your name on this Index will inhibit your ability to work in your child’s school, be a coach or maintain any position where children are involved.

Caregivers are entitled to notice of all review hearings and have the right to attend court hearings and submit evidence relevant to the child’s well-being.

Relatives have preferential consideration in child welfare proceedings. Both relatives and family friends, also known as Non-Related Extended Family Members, should come forward at the earliest stage of the proceedings and request placement of the child through the county welfare agency.

A parent has a right to reunify with his or her child within certain statutory timelines.  Once those time lines have lapsed a caregiver or other interested person may be assessed as a permanent home for the child.

The Adoption Assistance Program was created in 1980 and was designed to encourage the adoption of special needs foster children.  Adoptive families submit a Request for Adoption Assistance provided through their licensed adoption agency and the child will be assessed by the agency for eligibility.  If the child is deemed eligible the AAP rate will be negotiated between the public agency and the prospective adoptive parent.  The child’s needs may be reassessed every two years and the amount of financial assistance is determined based upon the special needs of the child and the circumstances of the family and benefits may extend until the child’s 21^st birthday.

Family Mediation is a voluntary process involving a neutral third party who assists in helping family members come to an agreement regarding a family problem.

A neutral person invites the family members to meet and assists in working with the family in a respectful and calm manner, in coming to resolution about the family conflict. Most mediations last no longer than 2-3 hours and can assist the family in resolving the problem that brought the family to mediation or, at a minimum, help the family narrow the issues and begin to focus on next steps toward resolving the matter. The process of mediation helps families in difficulty to reach a mutually agreed upon resolution to a conflict.

There are times when a neutral third party can assist a family in identifying issues and potential resolutions. The conflicts could range from a child’s mental health and treatment concerns to substance abuse, delinquent behavior and truancy. Family dynamics are complex and children can be complicated. Our practice is designed to offer a neutral setting in which to explore issue identification and resolution and can include appropriate referrals to skilled professionals in the field in which your family needs help.

Mediation is a structured process where a specific issue or issues are identified as a family problem and a neutral third party assists in resolving a specific dispute or problem in a short window of time, typically in one session, no more than three hours in duration. Family therapy addresses family dynamics involving the family unit over a period of time involving multiple sessions.

The law provides for a court hearing within 48 hours of a child’s removal, where you can have an attorney present evidence as to your side of the case.

If you as a family member, or family friend, sometimes referred to as a “non-related extended family member”, or NREFM, desire placement of a child removed from parental care you should immediately contact the child welfare worker and ask that you be assessed for placement. This process will include an in-home inspection; an assessment of the your ability to care for the child; and a criminal background and child abuse and neglect check.

The judge has the discretion to allow a relative to be present at the court hearing and to address the court. Relatives also have the right to submit information in writing to the court.

Caregivers, including relatives and extended family, are entitled to notice of all hearings. A copy of a juvenile court form, called the JV-290 Caregiver Written Report, should be sent to you with notice of the child’s next hearing date. It should include instructions on how to file the form with the court. The form provides space in which to inform the judge as to the child’s health, education, social skills, and adjustment to his or her living situation, as well as your recommendations regarding the child.

Most parents are entitled to receive social services to assist in correcting the problems that led to the child’s removal. The length of time a parents receives services can vary and is dependent on the case specifics. If the time period has run and the parent has not been able to get his or her child back, the social worker will need to find what is known as a permanent plan for the child. As a caregiver you typically are entitled to preferred consideration. You must inform the social worker of your desire to offer a permanent home to the child.

If you are considering having a child who lives in another state come live with you and your family, the caseworker may inform you that an “ICPC” is necessary. The Interstate Compact on the Placement of Children (ICPC) is a statutory agreement between all 50 states, the District of Columbia and the US Virgin Islands. The agreement governs the placement of children from one state into another state. It sets forth the requirements that must be met before a child can be placed out of state. The Compact ensures prospective placements are safe and suitable before approval and is used where a possible placement for a child is in a different state.

A “presumed” father may or may not be the biological father of a child. In a dependency action a man who asks the court for recognition as the child’s father may be considered “presumed” as a father to a child where he has demonstrated a full commitment to parental responsibilities, “emotional, financial and otherwise.” A father who come before the juvenile court must established he is entitled to presumed father status in order to fully participate in the proceedings.

Special Immigrant Juvenile Status (SIJS) provides legal protection for certain undocumented immigrant minors who have been abused, abandoned, or neglected by allowing them to legalize their immigration status and become lawful permanent residents. This is a complex and changing area of the law and there are certain strict requirements an undocumented minor must meet in order to be considered.