Sec. 13a.13.01.13. Procedural Safeguards — Surrogate Parents

A. General.

(1) A local lead agency shall ensure the rights of a child are protected when:

(a) No parent can be identified;

(b) The lead agency or other public agency, after reasonable efforts, cannot locate a parent; or

(c) The child is a ward of the State.

(2) A lead agency shall consult with the public agency assigned care of the child for children who are wards of the State or placed in foster care.

(3) If a child is a ward of the State, the surrogate parent may be appointed by the judge overseeing the infant’s or toddler’s case , instead of being appointed by the local lead agency in accordance with §A(1) of this regulation, provided the surrogate parent meets the requirements of §A(5) of this regulation.

(4) Criteria for Selecting Surrogates. The local lead agency shall ensure that a person recommended as a surrogate parent:

(a) Has no personal or professional interest that conflicts with the interests of the child the surrogate parent represents; and

(b) Has knowledge and skills that ensure adequate representation of the child.

(5) Nonemployee requirement; Compensation.

(a) A person assigned as a surrogate parent may not be an employee of the local lead agency or an employee of any service provider involved in the provision of early intervention or other services to the child or the child's family.

(b) A person who otherwise qualifies to be a surrogate parent is not an employee of an agency solely because the person is paid by a public agency to be a surrogate parent.

(6) Surrogate Parent Responsibilities. The surrogate parent has the same rights as a parent for all purposes of Part C of the Act and this chapter.

B. Surrogate Parent Appointment.

(1) The local lead agency shall appoint a surrogate parent no more than 30 days after the local lead agency determines that the child needs a surrogate parent, consistent with §A(1) of this regulation.

(2) The written notification in §B(1) of this regulation shall include the name or names of an individual or individuals appropriately qualified to fulfill the role of a surrogate parent, consistent with §A(4) and (5) of this regulation.

(3) The local lead agency shall notify State Superintendent of Schools, or the Superintendent's designee, in writing, of the surrogate parent appointment not more than 10 days after the appointment.

(4) The notification described in §B(3) of this regulation shall include the child’s name, the name of the surrogate parent, and any other information deemed applicable.

C. Limited Civil Liability.

(1) A child entrusted to a surrogate parent shall be represented by that surrogate parent in the early intervention services decision making process.

(2) A surrogate parent is not liable to the child entrusted to the surrogate parent or to the parent of that child for any damages that result from acts or omissions of that surrogate parent constituting ordinary negligence.

(3) The immunity does not apply to liability covered by any applicable insurance, to the extent of that coverage, or to acts or omissions constituting gross, willful, or wanton negligence.