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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 2DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES
CHAPTER 108EARLY CHILDHOOD INTERVENTION SERVICES
SUBCHAPTER BPROCEDURAL SAFEGUARDS AND DUE PROCESS PROCEDURES
RULE §108.213Surrogate Parents

(a) The contractor shall ensure that the rights of children eligible under this chapter are protected if:

  (1) no parent can be identified; or

  (2) the contractor, after reasonable efforts, cannot discover the whereabouts of a parent.

(b) The contractor must determine the need for and assign a surrogate parent for the child consistent with 34 CFR §303.422 and existing state laws and regulations. This must include a method for:

  (1) determining whether a child needs a surrogate parent;

  (2) assigning a surrogate parent within the required 30-day timeframe; and

  (3) providing training to ensure that the surrogate parent fully understands their role and responsibilities to represent the best interest of the child.

(c) Criteria for selecting surrogates are as follows.

  (1) A person selected as surrogate must have no interest that conflicts with the interests of the child represented.

  (2) A person assigned as a surrogate parent must not be an employee of any state agency or a person or an employee of a person providing early childhood intervention services to the child or any family member of the child.

  (3) A person who qualifies to be a surrogate parent is not an employee solely because he or she is paid to serve as a surrogate parent.

  (4) A person selected as a surrogate parent must have knowledge and skills that ensure adequate representation of the interests of the child.

  (5) The requirements of paragraphs (1) - (4) of this subsection ensure that the surrogate parent does not hold a job or a position that would either bias the decisions made for the child or make the surrogate parent vulnerable to the possibility of administrative retaliation for the execution of their responsibilities.

  (6) If a person qualifies as a "parent" there is no need to appoint a "surrogate parent" and no need to meet the criteria in this subsection.

(d) A surrogate parent may represent a child in all matters related to:

  (1) the evaluation and assessment of the child;

  (2) development and implementation of the child's IFSPs, including annual evaluations and periodic reviews;

  (3) the ongoing provision of early childhood intervention services to the child; and

  (4) any other rights established under this chapter.


Source Note: The provisions of this §108.213 adopted to be effective September 1, 2011, 36 TexReg 5387; amended to be effective July 1, 2012, 37 TexReg 4621; amended to be effective June 30, 2019, 44 TexReg 3280

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