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.
care of the child, including but not limited to, the
child’s care giver, appointed guardian, social worker, and
attorney, when appointing a surrogate parent. The commenters stated this would ensure a fully informed decision when appointing a surrogate parent for children who are wards of the State or placed in foster care.
Discussion: Section 303.422(b)(2) requires the lead agency, when determining whether and who to appoint as a surrogate parent for children who are wards of the State or placed in foster care, to consult with the public agency with whom care of the child has been assigned. The individuals involved in implementing the provisions in
§303.422 for children who are wards of the State or placed
in foster care will vary on a case-by-case basis. The regulations as written provide the flexibility necessary for a lead agency and the public agency, as part of the
consultation process in §303.422, to decide who should be
involved in implementing the requirements of this section.
Comment: One commenter stated that a lead agency should not consult with a child welfare agency with regard to
assigning a surrogate parent, as required in §303.422(b)
(2), because the foster parent is the parent and can make decisions.