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.
appoint a person to make health-related decisions for an eligible infant or toddler without intending to limit the
biological parent’s or adoptive parent’s role in early
intervention decision-making. Therefore, we have revised paragraphs (b)(1) and (b)(2) to remove the reference to
Changes: We have removed the word “health” from §303.27(b)
(1) and (b)(2).
Comment: One commenter recommended that the Department clarify that a judicial appointment of a parent for the purposes of Part C of the Act may be a temporary or permanent appointment.
Discussion: The length of a judicial appointment of a parent for the purposes of Part C of the Act is at the discretion of the judge issuing the appointment, is subject to State law, and is often decided on a case-by-case basis. State law or the judge issuing the appointment would determine whether an appointment is temporary or permanent and the length of any appointment. Therefore, we have not revised the definition as requested.
Discussion: For clarity and to eliminate redundancy, we
have revised the definition of parent in §303.27(b)(2) to