IDEA 2004: Building the Legacy
Part C (birth - 2 years old)
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.
is primarily aligned with the requirements in sections 639(a)(5) of the Act and reflects many of the parallel provisions regarding surrogate parents in section 615(b)(2) of the Act and 34 CFR 300.519 of the Part B regulations. Section 303.422 does not include the language from 34 CFR 300.519(a)(4) and (f) of the Part B regulations because these provisions are not applicable to the Part C program. Specifically, the language in the Part B regulations references an unaccompanied homeless youth under the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(6)). The language from 34 CFR 300.519(c) of the Part B regulations, although slightly modified for clarity, is applicable to the Part C program. We have amended
§303.422 to add a new paragraph (c) to state that “in the
case of a child who is a ward of the State, the surrogate parent, instead of being appointed by the lead agency under paragraph (b)(1) of this section, may be appointed by the
judge overseeing the infant or toddler’s case provided that
the surrogate parent meets the requirements in paragraphs
(d)(2)(i) and (e) of this section.”
Changes: We have added new paragraph (c) and renumbered the subsequent paragraphs accordingly.
Comment: A few commenters requested that the Department
clarify the phrase “cannot locate a parent” in §303.422(a)