When situations arise in which more than one person meets the
definition of parent, as defined in 20 USC §1401 and in 34 CFR §303.27,
the contractor must have a method of resolving conflicts in a manner
that gives proper deference to the opinions and decisions of the individual
or individuals who has the best legal right to act as the child's
parent. Written rules or policies developed by the contractor must
not violate other state or federal laws.
(1) The biological or adoptive parent, unless such
parent does not have legal authority to make health, educational or
early childhood intervention services decisions for the child, has
priority to act as the parent for the purposes of this chapter.
(2) If a judicial decree or order identifies a specific
person or persons to act as the child's parent to make health, educational,
or early childhood intervention service decisions on behalf of a child,
then the contractor acknowledges that person or persons to be the
"parent."
(A) The exception to this rule is that no state agency,
no HHSC ECI contractor or provider, and no public agency that provides
any paid services to a child or any family member of that child may
act as the parent for the purposes of ECI.
(B) Notwithstanding the preceding exception, an individual
who is a biological or adoptive parent or family member of the child
who has also been identified by a judicial decree to act as the "parent"
of the child is not disqualified to act as parent.
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| Source Note: The provisions of this §350.211 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; transferred effective March 1, 2021, as published in the Texas Register February 5, 2021, 46 TexReg 941 |
