Wis. Admin. Code Department of Health Services DHS 90.13 - Surrogate parent

(1) APPOINTMENT.

(a) The county administrative agency shall, in accordance with this section, appoint in writing a person to serve as a surrogate parent to represent the interests of an eligible child or of a child who is suspected of being eligible for early intervention services under this chapter if one of the following applies:

1. The county administrative agency cannot identify a parent of the child;

2. The county administrative agency, after reasonable efforts, cannot discover the whereabouts of a parent; or

3. The child is under the legal custody or guardianship of the state, a county or a child welfare agency pursuant to ch. 48, 54, or 767, Stats., and the state, county or child welfare agency has the authority to make service decisions for the child.

(b) A surrogate parent shall be appointed for an indefinite period of time and shall continue to serve until he or she resigns, the appointment is terminated by the county administrative agency or the child is no longer eligible for early intervention services.

(2) QUALIFICATIONS. A person appointed to serve as a child's surrogate parent shall:

(a) Be at least 18 years of age;

(b) Not be a person providing early intervention services to the child or the child's family;

(c) Not be an employee of any state agency or an agency providing services to the child or to any family member of the child, although he or she may be paid by that agency to provide surrogate parent services;

(d) Have no other interest that conflicts with the interests of the child;

(e) Be of the same ethnic background as the child or be sensitive to factors in the child's ethnic background that may be relevant for services provision and receipt;

(f) Have knowledge or skills that enable him or her to provide adequate representation for the child;

(g) Be familiar with available early intervention services;

(h) Be committed to acquaint himself or herself with the child and the child's early intervention service needs; and

(i) Not be a surrogate parent for more than 4 children at any one time.

(3) FUNCTIONS. A surrogate parent may represent a child in all matters related to:

(a) The evaluation and assessment of the child;

(b) The development and implementation of the child's IFSP, including annual evaluations and periodic reviews;

(c) The ongoing provision of early intervention services to the child; and

(d) The working of the other procedural safeguards under s. DHS 90.12.

Notes

Wis. Admin. Code Department of Health Services DHS 90.13

Cr. Register, June, 1992, No. 438, eff. 7-1-92; emerg. am. (1) (a) (intro.), eff. 1-1-93, am. (1) (a) (intro.), Register, June, 1993, No. 450, eff. 7-1-93; am. (1) (a) 3., Register, April, 1997, No. 496, eff. 5-1-97; renum. (2) (b) to (h) to be (2) (c) to (i), cr. (2) (b), am. (2) (c), Register, September, 1999, No. 525, eff. 10-1-99; correction in (1) (a) 3. made under s. 13.92(4) (b) 7, Stats., Register November 2008 No. 635.