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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