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.
(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.
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