Authority: IC 12-13-2-3; IC 12-13-5-3

Affected: IC 12-17-15

Sec. 5. (a) The division shall be responsible to ensure that the rights of children eligible for early intervention services are protected if:

1. (1) no parent can be identified;
2. (2) the SPOE, after reasonable efforts, cannot discover the whereabouts of a parent; or
3. (3) the child is a ward of the state.

(b) The division, in cooperation with the LPCC, shall be responsible for the development of policies and procedures for determining whether a child needs a surrogate parent and for assigning a surrogate parent for the child. Such policies and procedures shall ensure that a person selected as a surrogate parent:

1. (1) has no interest that conflicts with the interests of the child he or she represents; and
2. (2) has knowledge and skills that ensure adequate representation of the child.

(c) A person assigned as a surrogate parent may not be any of the following:

1. (1) An employee of the division.
2. (2) An employee of any state agency.
3. (3) An employee of any entity providing early intervention services to the child or to a family member of the child.

A person who otherwise qualifies to be a surrogate parent shall not be considered an employee of an agency solely because he or she is paid by the agency to serve as a surrogate parent.

(d) A surrogate parent may represent a child in all matters related to the following:

1. (1) The evaluation and assessment of the child.
2. (2) Development and implementation of the child's IFSPs, including annual evaluations and periodic reviews.
3. (3) The ongoing provision of early intervention services to the child.
4. (4) Any other rights established under Part C of the Act and the implementing regulations in 34 CFR 303.

(Division of Family Resources; 470 IAC 3.1-13-5; filed Jan 29, 1996, 5:15 p.m.: 19 IR 1347; filed Mar 9, 1999, 2:05 p.m.: 22 IR 2267; filed Mar 15, 2001, 8:20 a.m.: 24 IR 2466; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; readopted filed Oct 24, 2007, 11:25 a.m.: 20071121-IR-470070448RFA; readopted filed Aug 23, 2013, 3:36 p.m.: 20130918-IR-470130306RFA; readopted filed Nov 13, 2019, 11:56 a.m.: 20191211-IR-470190490RFA; readopted filed Oct 8, 2025, 3:15 p.m.: 20251105-IR-470240501RFA)