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Name: In re R.W.
Case #: G040791
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 03/26/2009
Summary

The mother’s educational-decision rights were properly terminated where the minor was in urgent need of services the mother opposed. Mother appealed from an order limiting her rights to make education decisions and an order consenting to the IEP which specified the minor’s placement at the Cathedral Home in Wyoming. The appellate court rejected the mother’s argument that there was insufficient evidence to establish that an order limiting her educational rights was necessary to protect the minor. The evidence showed that the minor was 16 years old and had been in the dependency system for 7 years, while her educational and mental health needs had not been adequately met. There had been a great deal of effort made to find a suitable placement in California, but none was available. The minor’s entire team all agreed that placement in the Cathedral Home would be beneficial, and only the mother disagreed. The mother was inconsistent in her visitation and historically did not make good decisions regarding the minor. The mother’s opposition to the minor’s placement was not in her best interest. The motion to limit her rights was based on the urgent need to address the minor’s needs before the “window of opportunity” closed.