A school district or other educational agency may not appoint as a surrogate, nor may a court order the appointment as a surrogate, to protect the special educational rights of a child with a disability, a person who is the child’s parent, guardian or former guardian if:

1. (1) At any time while the child was under the care, custody or control of the person, a court entered an order:

   1. (a) Taking the child into protective custody under ORS 419B.150; or
   2. (b) Committing the child to the legal custody of the Department of Human Services for care, placement and supervision under ORS 419B.337; and

2. (2) The court entered a subsequent order that:

   1. (a) The child should be permanently removed from the person’s home, or continued in substitute care, because it was not safe for the child to be returned to the person’s home, and no subsequent order of the court was entered that permitted the child to return to the person’s home before the child’s wardship was terminated under ORS 419B.328; or
   2. (b) Terminated the person’s parental rights under ORS 419B.500 and 419B.502 to 419B.524.

Note: 343.156 was added to and made a part of ORS chapter 343 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

[2011 c.194 §6]