Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 140 - EARLY INTERVENTION SERVICES FOR INFANTS AND TODDLERS
Section 11-140-3 - Surrogate parent

Universal Citation: HI Admin Rules 11-140-3

Current through February, 2024

(a) A designee of the department, in consultation with the department that has been assigned care of the child, shall assign an individual to act as a Surrogate for the parent to ensure that the rights of eligible children are protected when it is determined that:

(1) No parent can be identified;

(2) The department, after reasonable efforts, cannot locate a parent; or

(3) The child is a ward of the State.

(b) In the case of a child who is a ward of the State, the Surrogate parent, instead of being appointed by the department, may be appointed by the judge overseeing the child' s case provided that the Surrogate meets the requirements of a Surrogate parent.

(c) The department shall ensure that a person selected as a Surrogate parent:

(1) Is not an employee of any State agency or is not a person or employee of a person providing early Intervention Services, education, care, or other Services to the child or any family member of the child;

(2) Has no personal or professional interest that conflicts with the interests of the child that the person represents; and

(3) Has knowledge and skills that ensure adequate representation of the child.

(d) A person otherwise qualified to be a Surrogate parent under subsection (c) is not an employee of the agency solely because the person is paid by the agency to serve as a Surrogate parent.

(e) The Surrogate parent has the same rights as a parent for all purposes under this chapter.

(f) The designee of the department shall make reasonable efforts to ensure the assignment of a Surrogate parent not more than thirty days after a public agency determines that the child needs a surrogate parent.

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