IDEA 2004: Building the Legacy
Part C (birth - 2 years old)
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(5) is sufficiently clear with regard to parental consent
and, thus, we have not revised §303.211(b)(5) as requested
by the commenter. The definition of parent under Part C of
the Act in §303.27 applies to the parental consent
requirement in §303.211(b)(7). A parent, as defined in
§303.27, can be a biological or adoptive parent, foster
parent (unless State law, regulation, or contractual obligation prohibits the foster parent from acting as a parent), a guardian generally authorized to act as the
child’s parent (or authorized to make early intervention,
educational, health, or developmental decisions for the child, but not the State if the child is a ward of the State), an individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent or other relative with whom the child lives), an individual
legally responsible for the child’s welfare, or a surrogate
parent appointed in accordance with §303.422 or section
639(a)(5) of the Act.
The lead agency’s process for obtaining parental
consent under §303.211 is the same as its process for
obtaining parental consent under §303.420(a), whether
parental consent is needed to conduct an evaluation under Part C of the Act or to provide Part C services.
While we appreciate the commenter’s concern about