IDEA 2004: Building the Legacy
Part C (birth - 2 years old)
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obtaining parental consent when a child is placed with a
child protective services agency, the Department’s position
is that the regulations in this part provide sufficient clarity and information about how to proceed in this
situation. First, §303.27 identifies who can serve as the
parent under Part C of the Act and whether a surrogate
parent needs to be appointed. Further, §303.27(b)(1)
explains that if more than one individual meets the definition of a parent, the biological or adoptive parent
must be presumed to be the parent unless that parent’s
authority is circumscribed as set forth in that section.
Second, §303.420 specifies when the lead agency must obtain
consent from a parent. Parental consent must be obtained before early intervention services are provided to the
child. Third, §303.421 provides information about
important aspects of the consent process, prior written
notice, and procedural safeguards. Fourth, §303.420 sets
forth the requirements and options if parental consent is not obtained. Given these other regulatory requirements,
the Department’s position is that the issue of obtaining
parental consent for the children referenced in §303.211(b)
(7) is addressed appropriately and sufficiently.
Rules of construction (§303.211(e))