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CA Department of Social Services Letter

Law precludes social workers and probation officers from acting in the capacity of a surrogate parent.
Over the past 25 years, California statues directing the work of educational, social service, and justice agencies were aligned to comply with federal law to clarify that any surrogate parent appointed to ensure the educational rights of a child shall not have a conflict of interest in their representation of the child. Conflict of interest includes being an employee of an agency being funded to provide education, care or services to the child.

The following citations were revised since the enactment of the All County Letter 91-25 (PDF; Outside Source), and should be referenced:

20 United States Code Section1415(b)(2)(A), 34 Code of Federal Regulations 300.519 (d)(2)(i), California Education Code (EC) 56028, EC 56050, California Government Code (GC) 7579.5, GC 7579.6, California Welfare and Institution Code (WAI) 245.5, WAI 361, and WAI 726.

Questions: Judy Reichle | jreichle@cde.ca.gov | 916-327-4223 
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