581-015-2760 Surrogate Parents — EI/ECSE (1) Each contractor or subcontractor serving a child participating in EI or ECSE must ensure that the rights of the child are protected by appointing a surrogate parent not more than 30 days after a determination by the contractor or subcontractor that the child needs a surrogate because: (a) No parent (as defined in OAR 581-015-2700(19) can be identified or located after reasonable efforts; or (b) The child is a ward of the state and there is reasonable cause to believe that the child has a disability. (2) In determining the need for a surrogate, the contractor or subcontractor must consider whether it is likely to take any action regarding the child that would require notice under OAR 581-015-2745 to the parents. (3) Each contractor or subcontractor must have a method for determining whether a child needs a surrogate parent and for assigning a surrogate parent to the child. The contractor or subcontractor must ensure that each person approved to serve as surrogate: (a) Is not an employee of the contractor or subcontractor or the Department or any other agency involved in the early intervention, education or care of the child; (b) Does not provide EI/ECSE services to the child or to any family members of the child; (c) Is free of any personal or professional interest that conflicts with representing the child's early intervention or special education interests; and (d) Has the necessary knowledge and skills to protect the special education rights of the child. (4) An appointed surrogate parent has all of the special education rights and procedural safeguards available to the parent. (5) A surrogate is not considered an employee of a contractor or subcontractor solely on the basis that the surrogate is compensated from public funds. (6) The duties of the surrogate parent are to: (a) Protect the early intervention or special education rights of the child; (b) Be acquainted with the child's disability and the child's EI or ECSE needs; and (c) Represent the child in all matters relating to the identification, evaluation and assessment, IFSP services, or the provision of a free appropriate public education to the child receiving ECSE and any other EI/ECSE rights. (7) A surrogate has the same rights granted to a parent in a hearing under OAR 581-015-2870 if the identification, evaluation, IFSP or placement of the child is contested. (8) A parent may give written consent for a surrogate to be appointed. When a parent requests that a surrogate be appointed, the parent retains all parental rights to receive notice under OAR 581-015-2745 through 581-015-2755 and all of the information provided to the surrogate. The surrogate, alone, is responsible for all matters relating to the special education of the child unless the parent revokes consent for the surrogate's appointment. If a parent gives written consent for a surrogate to be appointed, the parent may revoke consent at any time by providing a written request to revoke the surrogate's appointment. (9) The contractor or subcontractor may change or terminate the appointment of a surrogate when: (a) The person appointed as surrogate is no longer willing to serve; (b) The child is no longer eligible for EI or ECSE services; (c) The legal guardianship of the child is transferred to a person who is able to carry out the role of the parent; (d) A foster parent is identified who can carry out the role of parent under OAR 581-015-2700; (e) The appointed surrogate is no longer eligible; (f) The child moves to another subcontractor area; or (g) The child is no longer a ward of the state. (10) A person appointed as surrogate will not be held liable for actions taken in good faith on behalf of the parent in protecting the special education rights of the child. (11) The contractor or subcontractor must not appoint a surrogate solely because the parent is uncooperative or unresponsive to the EI or ECSE needs of the child. Statutory/Other Authority: ORS 343.475 & 343.531 Statutes/Other Implemented: ORS 343.475, 343.531 & 34 CFR 300.519 History: Renumbered from 581-015-0935, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 1-2004, f. & cert. ef. 1-15-04 ODE 2-2003, f. & cert. ef. 3-10-03 ODE 24-2000, f. & cert. ef. 10-16-00 EB 4-1995, f. & cert. ef. 1-24-95 EB 12-1993, f. & cert. ef. 3-25-93