Current through September 21, 2024
(a) General. Each
lead agency shall ensure that the rights of children eligible under this part
are protected if-
(1) No parent (as defined
in Sec. 303.18) can be identified;
(2) The public agency, after reasonable
efforts, cannot discover the whereabouts of a parent; or
(3) The child is a ward of the State under
the laws of that State.
(b) Duty of lead agency and other public
agencies. The duty of the lead agency, or other public agency under paragraph
(a) of this section, includes the assignment of an individual to act as a
surrogate for the parent. This must include a method for-
(1) Determining whether a child needs a
surrogate parent; and
(2) Assigning
a surrogate parent to the child.
(c) Criteria for selecting surrogates.
(1) The lead agency or other public agency
may select a surrogate parent in any way permitted under State law.
(2) Public agencies shall ensure that a
person selected as a surrogate parent-
(i)
Has no interest that conflicts with the interests of the child he or she
represents; and
(ii) Has knowledge
and skills that ensure adequate representation of the child.
(d) Non-employee
requirement; compensation.
(1) A person
assigned as a surrogate parent may not be-
(i) An employee of any State agency;
or
(ii) A person or an employee of
a person providing early intervention services to the child or to any family
member of the child.
(2)
A person who otherwise qualifies to be a surrogate parent under paragraph
(d)(1) of this section is not an employee solely because he or she is paid by a
public agency to serve as a surrogate parent.
(e) Responsibilities. 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 intervention services to the child; and
(4) Any other rights established under this
part.
Mediation and Due Process Procedures for Parents and
Children
(Authority:
20 U.S.C.
1439(a)(5)
