Haw. Code R. § 11-140-3 - Surrogate parent
(a) A designee of
the department, in consultation with the department that has been assigned care
of the child, shall assign an individual to act as a Surrogate for the parent
to ensure that the rights of eligible children are protected when it is
determined that:
(1) No parent can be
identified;
(2) The department,
after reasonable efforts, cannot locate a parent; or
(3) The child is a ward of the
State.
(b) In the case
of a child who is a ward of the State, the Surrogate parent, instead of being
appointed by the department, may be appointed by the judge overseeing the
child' s case provided that the Surrogate meets the requirements of a Surrogate
parent.
(c) The department shall
ensure that a person selected as a Surrogate parent:
(1) Is not an employee of any State agency or
is not a person or employee of a person providing early Intervention Services,
education, care, or other Services to the child or any family member of the
child;
(2) Has no personal or
professional interest that conflicts with the interests of the child that the
person represents; and
(3) Has
knowledge and skills that ensure adequate representation of the
child.
(d) A person
otherwise qualified to be a Surrogate parent under subsection (c) is not an
employee of the agency solely because the person is paid by the agency to serve
as a Surrogate parent.
(e) The
Surrogate parent has the same rights as a parent for all purposes under this
chapter.
(f) The designee of the
department shall make reasonable efforts to ensure the assignment of a
Surrogate parent not more than thirty days after a public agency determines
that the child needs a surrogate parent.
Notes
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