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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.

a foster child who does not have a foster parent that meets

the definition of a parent in §303.27), protections under

§303.422, regarding surrogate parents, apply.

Specifically, each lead agency must ensure that the rights of a child are protected when the child is a ward of the State. The lead agency must determine whether a child needs a surrogate parent and if so, assign a surrogate parent to the child. If a ward of the State has a surrogate parent, this parent must be notified, pursuant to

§303.421 and new §303.320(a)(2)(ii) (proposed §303.303(a)

(3)), if the child is screened and not suspected of having

a disability. Therefore, it is the Department’s position

that further clarification is unnecessary because the

commenters’ concerns about notification for infants and

toddlers who are in foster care or wards of the State are adequately provided for under this part.

Changes: None.

Comment: A few commenters stated that the requirements in

new §303.320(a)(3) (proposed §303.303(a)(4)), which allow a

parent to request an evaluation even after the lead agency determines, using its screening procedures, that the child is not suspected of having a disability, would diminish the cost effectiveness of screening.

Discussion: Screening under new §303.320 (proposed