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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.

Changes: None.

Rules of construction (§303.211(e))