Iowa Admin. Code r. 281-120.422 - Surrogate parents
(1)
General. The department or other public agency must ensure
that the rights of a child are protected when:
a. No parent (as defined in rule
281-120.27 ( 34CFR303 ))
can be identified;
b. The
department or AEA, after reasonable efforts, cannot locate a parent;
or
c. The child is a ward of the
state under the laws of the state.
(2)
Duty of other public
agencies.
a. The duty of the AEA
under subrule 120.422(1) includes the assignment of an individual to act as a
surrogate for the parent. This assignment process must include a method for:
(1) Determining whether a child needs a
surrogate parent; and
(2) Assigning
a surrogate parent to the child.
b. In implementing the provisions under this
rule for children who are wards of the state or placed in foster care, the AEA
must consult with the public agency that has been assigned care of the
child.
(3)
Wards
of the state. In the case of a child who is a ward of the state, the
surrogate parent, instead of being appointed by the AEA under subrule
120.422(2), may be appointed by the judge presiding over the infant's or
toddler's case provided that the surrogate parent meets the requirements in
subrules 120.422(4) and 120.422(5).
(4)
Criteria for selection of
surrogate parents.
a. The AEA may
select a surrogate parent in any way permitted under state law.
b. The AEA must ensure that a person selected
as a surrogate parent:
(1) Is not an employee
of the department or any other public agency or EIS provider that provides
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 interest of
the child the person represents; and
(3) Has knowledge and skills that ensure
adequate representation of the child.
(5)
Nonemployee requirement;
compensation. A person who is otherwise qualified to be a surrogate
parent under subrule 120.422(4) is not an employee of the agency solely because
the person is paid by the agency to serve as a surrogate parent.
(6)
Surrogate parent
responsibilities. The surrogate parent has the same rights as a parent
for all purposes under this chapter.
(7)
Department
responsibility. The department must make reasonable efforts to ensure
the assignment of a surrogate parent not more than 30 days after a public
agency determines that the child needs a surrogate parent.
Notes
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