1. (a) Regional centers or LEAs shall assign an individual to act as a surrogate parent if:

   1. (1) No parent can be identified;
   2. (2) The infant or toddler is a dependent of the juvenile court and the parental rights of the parent have been limited by the court or relinquished; or
   3. (3) The parent cannot be located, after reasonable efforts by the regional center or LEA.

2. (b) Interagency agreements as required in Section 52140(b)(12) shall include procedures for:

   1. (1) Determining whether an infant or toddler needs a surrogate parent;
   2. (2) Assigning a surrogate parent to the infant or toddler consistent with the provisions of this Article and Government Code section 7579.5;
   3. (3) Ensuring that surrogates have no interest that conflicts with the interests of the infant or toddler he or she represents;
   4. (4) Ensuring that surrogates have knowledge and skills that ensure adequate representation of the infant or toddler;
   5. (5) Ensuring that the surrogate parent is not an employee of any state agency, regional center, LEA or service provider involved in the provision of early intervention services to the infant or toddler. A person who otherwise qualifies as a surrogate parent is not an employee solely because he or she is paid by a state agency, regional center or LEA to serve as a surrogate parent.

3. (c) A surrogate parent may represent an infant or toddler in all matters related to:

   1. (1) The evaluation and assessment of the infant or toddler;
   2. (2) Development and implementation of the infant's or toddler's IFSP including annual evaluations, assessments and periodic reviews;
   3. (3) The ongoing provision of early intervention services to the infant or toddler;
   4. (4) Requesting mediation or due process hearings; and,
   5. (5) Any other early intervention service established under Part C of the Individuals with Disabilities Education Act, Title 20 United States Code Sections 1431-1445.
4. (d) A surrogate parent may not provide consent for medical services for which consent by a parent or legal guardian is required.

Note: Authority cited: Sections 95009 and 95028, Government Code. Reference: Section 1439(5), Title 20 United States Code; Sections 303.18 and 303.406(a-e), Title 34 Code of Federal Regulations; and Section 95022(f), Government Code.

History

1. New article 5 (section 52175) and section filed 8-4-97 as an emergency; operative 8-4-97 (Register 97, No. 32). Pursuant to Government Code section 95028(c), a Certificate of Compliance must be transmitted to OAL by 1-31-98, or emergency language will be repealed by operation of law on the following day.

2. New article 5 (section 52175) and section, including amendment of Note, refiled 1-30-98 as an emergency; operative 1-31-98 (Register 98, No. 5). A Certificate of Compliance must be transmitted to OAL by 6-1-98 or emergency language will be repealed by operation of law on the following day.

3. New article 5 (section 52175) and section refiled 6-1-98 as an emergency; operative 6-1-98 (Register 98, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-29-98 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 6-1-98 order, including amendment of subsections (b), (b)(2), (b)(5) and (c)(5) and amendment of Note, transmitted to OAL 6-16-98 and filed 7-28-98 (Register 98, No. 31).

5. Amendment of subsection (b)(5) filed 1-14-2003; operative 2-13-2003 (Register 2003, No. 3).