Current through Register Vol. 48, No. 38, September 20, 2024
a) The
Service Coordinator shall request that ISBE assign an individual to act as
surrogate parent of a child who would not otherwise have parental
representation, including:
1) Each child under
the legal responsibility of the State, meaning that the child is a ward of the
Court or a State agency has been designated by the Court as the child's legal
guardian or legal custodian with the right to consent for major medical
treatment; and
2) Each child for
whom no parents can be identified or whose parents' whereabouts cannot be
discovered after reasonable efforts.
b) A foster parent may be appointed as a
surrogate if he/she meets the requirements of subsection (d). A foster parent
may also act as a parent if:
1) the natural
parents' authority to make parental decisions required for EI services have
been extinguished under State law; and
2) the foster parent has an ongoing, long
term parental relationship with the child; is willing to make decisions
required of parents in this Part; and has no interest that would conflict with
the interests of the child.
c) Surrogates shall be requested through
ISBE.
d) Surrogates may be selected
in any way permitted by
34 CFR
303.422(2013), but shall:
1) Have no personal or professional interest
that conflicts with the interests of the child he or she represents;
2) Have knowledge and skills that ensure
adequate representation of the child; and
3) Not be an employee of any State agency or
a person or an employee of a person providing EI services, education, car or
other services to the child or to any family member of the child. A person who
otherwise qualifies to be a surrogate parent under this Section is not an
employee solely because he or she is paid by a public agency to serve as a
surrogate parent.
e) A
surrogate parent may represent the child in all matters related to:
1) The evaluation/assessment of the
child;
2) Development and
implementation of the child's IFSP, including annual evaluations and periodic
reviews;
3) The ongoing provision
of EI services to the child; and
4)
Any other rights established under this Part.
f) The assignment of a surrogate parent at no
times supersedes, terminates or suspends the parent's or guardian's legal
authority relative to the child.
