1. (a) If it is determined that a child needs a surrogate parent the superintendent of schools or the superintendent’s designee shall submit a written request that the commissioner of education or his or her designee appoint a surrogate parent.

2. (b) The written request for appointment of a surrogate parent shall include:

   1. (1) The date the request for appointment of a surrogate parent is made;

   2. (2) The name, title, agency name, address and telephone number of the following people:

      1. a. The person requesting appointment to be made;
      2. b. The child’s DCYF caseworker;
      3. c. The child’s guardian ad litem, attorney, or both, if a child has both;
      4. d. The child’s adult caretaker, the child’s foster parents, or both;
      5. e. The child’s parent(s), if known, and whose parental rights have not been surrendered or terminated;
      6. f. The child’s guardian, if any;
      7. g. The contact persons of the child’s liable or receiving LEA and sending LEA, liable for reimbursement, if any;
      8. h. The contact person of the child’s current educational placement; and
      9. i. The contact person of any other agency or party having jurisdiction over the child;

   3. (3) Information identifying the child including:

      1. a. The child’s name and date of birth;
      2. b. The child’s current address; and
      3. c. The name and address of the facility where the child is currently going to school;
   4. (4) A statement whether the child is in evaluation status or has already been determined to have a disability;
   5. (5) A statement of the child’s legal relationship and custody status with DCYF;

   6. (6) A written statement by the superintendent of schools or the superintendent’s designee attesting that the LEA investigated the child’s need for a surrogate parent and the LEA determined that:

      1. a. The child’s parent is unknown or not able to be located;
      2. b. The child is under legal custody of DCYF or guardianship of DCYF per RSA 463 as documented in a court order;
      3. c. The LEA’s homeless liaison has signed a statement that the child is an unaccompanied homeless youth as defined in section 725(6) of the McKinney Vento Homeless Assistance Act (42 U.S.C 1143a(6)) who might be or is a child with a disability; or
      4. d. A judge overseeing the case of a child, who might be or is a child with a disability, has appointed a surrogate parent as documented in a court order; and
   7. (7) Documentation of efforts to contact the parent as described in Ed 1115.03, as well as a copy of evidence of documentation that DCYF has been contacted or copies of court orders showing DCYF has legal custody or guardianship per RSA 463 or that a judge has appointed an educational surrogate parent.

Source. (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17