Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 350 - EARLY CHILDHOOD INTERVENTION SERVICES
Subchapter B - PROCEDURAL SAFEGUARDS AND DUE PROCESS PROCEDURES
Section 350.213 - Surrogate Parents
Universal Citation: 26 TX Admin Code ยง 350.213
Current through Reg. 49, No. 38; September 20, 2024
(a) The contractor shall ensure that the rights of children eligible under this chapter are protected if:
(1) no parent can be
identified; or
(2) the contractor,
after reasonable efforts, cannot discover the whereabouts of a
parent.
(b) The contractor must determine the need for and assign a surrogate parent for the child consistent with 34 CFR § 303.422 and existing state laws and regulations. This must include a method for:
(1) determining whether a child needs a
surrogate parent;
(2) assigning a
surrogate parent within the required 30-day timeframe ; and
(3) providing training to ensure that the
surrogate parent fully understands their role and responsibilities to represent
the best interest of the child.
(c) Criteria for selecting surrogates are as follows.
(1) A person selected as surrogate
must have no interest that conflicts with the interests of the child
represented.
(2) A person assigned
as a surrogate parent must not be an employee of any state agency or a person
or an employee of a person providing early childhood intervention services to
the child or any family member of the child.
(3) A person who qualifies to be a surrogate
parent is not an employee solely because he or she is paid to serve as a
surrogate parent.
(4) A person
selected as a surrogate parent must have knowledge and skills that ensure
adequate representation of the interests of the child.
(5) The requirements of paragraphs (1) - (4)
of this subsection ensure that the surrogate parent does not hold a job or a
position that would either bias the decisions made for the child or make the
surrogate parent vulnerable to the possibility of administrative retaliation
for the execution of their responsibilities.
(6) If a person qualifies as a "parent" there
is no need to appoint a "surrogate parent" and no need to meet the criteria in
this subsection.
(d) A surrogate parent may represent a child in all matters related to:
(1) the evaluation and assessment of the
child;
(2) development and
implementation of the child's IFSPs, including annual evaluations and periodic
reviews;
(3) the ongoing provision
of early childhood intervention services to the child; and
(4) any other rights established under this
chapter.
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