IDEA 2004: Building the Legacy
Part C (birth - 2 years old)
Note: This document has been delivered to the Office of the Federal Register but has not yet been scheduled for publication. The official version of this document is the document that is published in the Federal Register.
with a non-relative caregiver, that individual is
considered a parent under the provisions in §303.27(a)(4).
Further, including non-relative caregivers with whom the child does not reside in the definition of parent would not be consistent with section 602(23)(c) of the Act.
Comment: A few commenters suggested that the definition of parent include a specific reference to foster child, in addition to the current reference to ward of the State.
Discussion: The definition of ward of the State in §303.37
includes foster children. Therefore, adding “foster child”
to “ward of the State” in the definition of parent would be
Comment: One commenter recommended that the Department clarify the definition of parent to provide that foster parents, absent custody or other legal right, do not have the right to consent to or deny early intervention services. Another commenter requested clarification concerning the role of the foster parent when the biological parent is available, as well as when the whereabouts of the biological parent are unknown or when the biological parent is incarcerated. The commenter also requested guidance on how assertively the State should seek