The Welfare and Institutions Code – Relating to Juveniles

An act to amend Sections 319, 361, and 726 of the Welfare and Institutions Code, relating to juveniles.


AB 2060 requires the court, after a parent’s right to make educational decisions for his/her minor child has been limited, to determine if there is a responsible adult who is a relative, nonrelative extended family member, or other adult known to the child, who is available and willing to serve as the child’s educational representative before appointing an educational representative or surrogate who is not known to the child. This bill also requires an appointed educational representative or surrogate to meet with the child, investigate the child’s educational needs and whether those needs are being met, and present recommendations to the court or attend court to participate in any portion of the hearing which concerns the child’s education.


Approved by Governor August 17, 2012. Filed Secretary of State August 17, 2012.

Our Position: Support

Tragically, children in foster care are much less likely than children in the general population to have an engaged adult supporting their education. This lack of educational support is part of the cause of the significant gap in academic achievement between foster children and other youth. Without an adult supporting their educational success, many foster youth suffer delayed enrollment, are funneled into low quality schools and remedial classes, lack meaningful representation at special education planning meetings, and fail to access resources such as tutors or summer school programs. Laws addressing the appointment and involvement of ERHs should be strengthened to ensure that children in foster care have the educational support they need.