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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.


Pursuant to §303.27(b), unless a judicial order or

decree identifies a specific person or persons to act as the parent of an infant or toddler, the biological or adoptive parent, when attempting to act as a parent, must

be determined to be the “parent” for purposes of Part C of

the Act and thus retains all the rights and responsibilities of a parent under the Act, including the right to receive written notice and attend meetings.

Changes: None.

Comment: One commenter requested that the Department

remove the reference to “health” decisions in proposed

§303.27(b)(1) and (b)(2), regarding individuals that may

act as the parent of an infant or toddler with a disability for purposes of making health, educational, or early intervention services decisions for the child. The

commenter stated that decisions concerning a child’s health

could cover a broad range of issues and a judicial decision to appoint a decision-maker to make health decisions for an

eligible infant or toddler in place of the child’s

biological or adoptive parent should not necessarily have

an impact on a biological or adoptive parent’s authority to

make early intervention and educational decisions.

Discussion: We agree with the commenter that a judge may