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.
adoptive parents when scheduling IFSP meetings.
Discussion: Section 303.27(b) was added to assist lead agencies and EIS providers in determining the appropriate
individuals who may act as a “parent” under Part C of the
Act in those difficult situations when more than one individual is attempting to act as a parent under these regulations. This definition recognizes that the biological or adoptive parent is presumed to be the parent for purposes of making decisions for a child unless those rights have been legally terminated or modified.
The phrase “attempting to act as a parent” refers to
situations when an individual attempts to assume the rights and responsibilities of a parent under the Act and these
regulations. An individual may “attempt to act as a
parent” under the Act in many situations, such as providing
consent for an evaluation and assessment, attending an IFSP Team meeting, and filing a complaint. Identifying all of
the circumstances under which an individual may “attempt to
act as a parent” would be difficult and is unnecessary.
The biological or adoptive parent would be presumed to be the parent under these regulations, unless a question is raised about their legal authority. There is nothing in the Act that requires the biological or adoptive parent to affirmatively assert their rights to be presumed to be the