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(2), which requires each lead agency or other public agency to ensure that the rights of a child are protected when no parent can be located. One commenter pointed out that the

language in §303.422(a)(2) is different from the language

in current §303.406(a)(2), which states that each lead

agency must ensure that the rights of a child are protected when the public agency cannot discover the whereabouts of a parent. The commenter asked whether there is a distinction

between the current requirements and those in §303.422(a)

(2) and whether the Department is changing its position.

Discussion: Section 303.422(a)(2) is substantively

unchanged from current §303.406(a)(2). Although we used

the simpler term “locate a parent” in place of the term

“discover the whereabouts of a parent,” we have not changed

the meaning of the regulations, and the regulations continue to require that the lead agency make reasonable efforts to discover the whereabouts of a parent before assigning a surrogate parent, consistent with sections 615(b)(2)(A) and 639(a)(5) of the Act.

Changes: None.

Comment: A few commenters recommended expanding the

requirement in §303.422(b)(2) to require that for children

who are wards of the State or placed in foster care, a lead agency must consult with all individuals involved with the