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Rule 5.649.Right to make educational or developmental-services decisions

Division 3. Juvenile Rules · Chapter 10. Medication, Mental Health, and Education · Last amended 2020 · Last verified September 10, 2026

In one sentenceRule 5.649 requires the court to identify who holds a child’s educational and developmental-services decisionmaking rights at every juvenile hearing, and to record any change on form JV-535.

Full Text of Rule 5.649

Text sizeJump to: (a) (b) (c) (d) (e) (f)

The court must identify the educational rights holder for the child at each hearing in a juvenile dependency or juvenile justice proceeding. At any hearing, where the court limits, restores, or modifies educational rights, or where there are updates to any contact or other information, in any juvenile proceeding, the findings and orders must be documented on form JV-535. Unless the rights of the parent, guardian, or Indian custodian have been limited by the court under this rule, the parent, guardian, or Indian custodian holds the educational and developmental-services decisionmaking rights for the child. In addition, a nonminor or nonminor dependent youth holds the rights to mae [sic] educational and developmental-services decisions for the youth and should be identified on form JV-535, unless rule 5.650(b) applies.
(a) Order (§§ 361, 366, 366.27, 366.3, 726, 727.2; 20 U.S.C. § 1415; 34 C.F.R.
§ 300.300)
At the dispositional hearing and each subsequent review or permanency hearing, the court must determine whether the rights of a parent, guardian, or Indian custodian to make educational or developmental-services decisions for the child should be limited. If necessary to protect a child who is adjudged a dependent or ward of the court under section 300, 601, or 602, the court may limit the rights of a parent, guardian, or Indian custodian to make educational or developmental-services decisions for the child by making appropriate, specific orders on Order Designating Educational Rights Holder (form JV-535).
(b) Temporary order (§ 319)
At the initial hearing on a petition filed under section 325 or at any time before a child is adjudged a dependent or the petition is dismissed, the court may, on making the findings required by section 319(g)(1), use form JV-535 to temporarily limit the rights of a parent, guardian, or Indian custodian to make educational or developmental-services decisions for the child. An order made under section 319(g) expires on dismissal of the petition, but in no circumstances later than the conclusion of the hearing held under section 361. If the court does temporarily limit the rights of a parent, guardian, or Indian custodian to make educational or developmental-services decisions, the court must, at the dispositional hearing, reconsider the need to limit those rights and must identify the authorized educational rights holder on form JV-535.
(c) No delay of initial assessment
The child’s initial assessment to determine any need for special education or developmental services need not be delayed to obtain parental or guardian consent or for the appointment of an educational rights holder if one or more of the following circumstances is met:
(1) The court has limited, even temporarily, the educational or developmental-services decisionmaking rights of the parent, guardian, or Indian custodian, and consent for an initial assessment has been given by an individual appointed by the court to represent the child;
(2) The local educational agency or regional center, after reasonable efforts, cannot locate the parent, guardian, or Indian custodian; or
(3) Parental rights have been terminated or the guardianship has been set aside.
(d) Judicial Determination
If the court determines that the child is in need of any assessments, evaluations, or services—including special education, mental health, developmental, and other related services—the court must direct an appropriate person to take the necessary steps to request those assessments, evaluations, or services.
(e) Filing of order
Following the dispositional hearing and each statutory review hearing, the party that has requested a modification, limitation, or restoration of educational or developmental-services decisionmaking rights must complete form JV-535 and any required attachments to reflect the court’s orders and submit the completed form within five court days for the court’s review and signature. If there has been no request for modification, limitation, or restoration of educational or developmental-services decisionmaking rights, or there are no required updates to contact or other information, there is no need to file a new form JV-535. If a new form JV-535 is filed, the most recent Attachment to Order Designating Educational Rights Holder (form JV-535(A)) must be attached. The court may instead direct the appropriate party to attach a new form JV-535(A) to document the court’s findings and orders.
(f) Service of Process
After each hearing where a party has requested a modification, limitation, or restoration of educational or developmental-services decisionmaking rights, the court clerk must serve the most current forms JV-535 and JV-535(A) on each applicable party.
End

Plain-English Summary

Somebody has to be able to sign for a child’s schooling, and this rule makes sure a judge knows who at every hearing. The default is the parent, guardian or Indian custodian, unless the court has limited those rights. A nonminor or nonminor dependent holds their own rights and is named on form JV-535 as well, unless the court has appointed a rights holder for them.

At disposition and at every review or permanency hearing, the court must decide whether a parent’s, guardian’s or Indian custodian’s decisionmaking rights should be limited, and it may do so where that is necessary to protect the child. The limitation is not general — it takes the form of specific orders on form JV-535.

The court can also act earlier. At the initial hearing, or any time before the child is adjudged a dependent or the petition is dismissed, it may temporarily limit those rights on the statutory findings. A temporary order expires when the petition is dismissed and, in any event, no later than the end of the dispositional hearing — at which the court must revisit the question and name the rights holder.

Assessment does not wait for any of this. A child’s initial assessment for special education or developmental services may go ahead without parental consent or an appointed rights holder where the court has limited the parent’s rights and a court-appointed representative has consented, where the agency or regional center cannot find the parent after reasonable efforts, or where parental rights have been terminated or the guardianship set aside.

Where the court determines a child needs assessments, evaluations or services — special education, mental health, developmental or related — it must direct an appropriate person to take the steps to request them.

Paperwork follows the order. After each dispositional or review hearing, the party that asked for a change files a completed JV-535 with any attachments within five court days for signature; if nobody asked and nothing needs updating, no new form is needed. Where a new one is filed, the most recent attachment JV-535(A) goes with it. The clerk then serves the current forms on every applicable party.

Frequently Asked Questions

Who holds a foster child’s educational rights by default?

The parent, guardian or Indian custodian — unless the court has limited those rights under this rule. A nonminor or nonminor dependent youth holds their own rights unless rule 5.650(b) applies.

When must the court look at educational rights?

At every hearing it must identify the educational rights holder, and at the dispositional hearing and each subsequent review or permanency hearing it must decide whether a parent’s, guardian’s or Indian custodian’s rights should be limited.

How long does a temporary limitation last?

An order made at the initial hearing stage expires when the petition is dismissed, and in no circumstance later than the conclusion of the dispositional hearing, where the court must reconsider the need for it.

Can a special education assessment go ahead without a rights holder?

Yes, in three situations: the court has limited the parent’s rights even temporarily and a court-appointed representative has consented; the agency or regional center cannot locate the parent after reasonable efforts; or parental rights have been terminated or the guardianship set aside.

Does a new form JV-535 have to be filed after every hearing?

No. Only where a modification, limitation or restoration was requested, or where contact or other information needs updating.

Amendment History

Rule 5.649 amended effective September 1, 2020; adopted effective January 1, 2014.

(Subd (a) amended effective September 1, 2020.) (Subd (b) amended effective September 1, 2020.) (Subd (c) amended effective September 1, 2020.) (Subd (e) amended effective September 1, 2020. (Subd (f) adopted effective September 1, 2020.)

Source & verification. Rule text is reproduced verbatim from the Judicial Council of California. Adopted by the Judicial Council of California. Last verified September 10, 2026. · Official source
Also known as: educational rights holder California juvenileform JV-535 order designating educational rights holderlimit parent educational decisionmaking rightsdevelopmental services decisions foster child