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 “child welfare services.” Another commenter asked if
law guardians and child welfare case managers appointed by a judge would meet the definition of parent because neither
“law guardian” nor “child welfare case manager” meets the
definition of public agency in §303.30. One commenter
requested that private agencies be added to the list of entities that are excluded from acting as a parent in
§303.27(b)(2) because private agencies should not have the
option to serve in the place of a parent.
Discussion: As discussed previously, we have revised the definition of parent to state that if an EIS provider or a public agency provides any services to a child or any family member of that child, that EIS provider or public agency may not act as the parent for that child, which would preclude a public agency that provides child welfare services (including a child welfare case manager) to the child or any family member of the child from acting as the parent for that child.
The meaning of the term “law guardians” referred to in
the comments is unclear. However, a guardian with a limited appointment that does not authorize the guardian to act as a parent of the child generally, or does not authorize the guardian to make early intervention services decisions for the child, is not a parent within the meaning