Sec.17a-248-4. Surrogate parents

(a) The program shall protect the right of a parent to make decisions about the child’s early intervention services, unless (1) the child is committed to the care of the Commissioner of Children and Families; (2) no parent can be identified; or (3) the Department of Children and Families cannot, after reasonable efforts, discover the whereabouts of a parent of the child.

(b) The director or the director’s designee shall determine whether a child requires a surrogate parent.

(c) The director or the director’s designee shall select a surrogate parent who is willing to serve in such capacity and who:

(1) has no personal or professional interest that conflicts with the interests of the child;

(2) has knowledge and skills that ensure adequate representation of the child;

(3) is not an employee of any state agency;

(4) is not a person or employee of a person providing early intervention services to the child or to any family member of the child; or

(5) is not an employee of an agency caring for the child.

(d) A person who is paid to serve as a surrogate parent shall not be deemed to be an employee of a state agency.

(e) The program shall afford a surrogate parent the same rights and responsibilities as accorded to a parent by the birth-to-three system and shall represent a child in all matters related to:

(1) evaluation of the child;

(2) development and implementation of the IFSP, including annual evaluations and periodic reviews;

(3) the ongoing provision of early intervention services;

(4) the right to request mediation or an administrative proceeding in the event of a dispute; and

(5) any other rights established in the birth-to-three system.

(f) A surrogate parent shall maintain the confidentiality of all information regarding the child, including written records in accordance with 34 CFR 99.2 to 99.37, inclusive.

(g) The lead agency shall develop a procedure for recruitment of qualified persons to serve as surrogate parents including, but not limited to, the recruitment of parents of children with disabilities to serve as surrogate parents.

(h) The lead agency, in collaboration with interested organizations, shall ensure that qualified persons receive training in the developmental needs, service options and rights of a child eligible for early intervention services and shall maintain a list of persons who have received such training.

(i) The director or the director’s designee shall terminate the appointment of a surrogate parent in the event that:

(1) the surrogate parent is no longer willing or available to participate in that capacity;

(2) the child is no longer in the custody of the Commissioner of Children and Families;

(3) a parent becomes available; or

(4) the surrogate parent fails to fulfill a surrogate parent’s duties.

(j) When a termination of an appointment as a surrogate parent is due to the failure to fulfill a surrogate parent’s duties, the surrogate parent may request in writing, a review of the termination, not later than ten (10) days after the date of receipt of the notice of termination of appointment. Not later than twenty (20) days after the date of receipt of the surrogate parent’s request for review of the termination of appointment, the director or the director’s designee shall send the surrogate parent written notice that his or her surrogate parent appointment has been reinstated or that the termination of the appointment has been upheld.

(k) In the event that the surrogate parent’s appointment is terminated and the child continues to require the assistance of a surrogate parent, the director or the director’s designee shall appoint a surrogate parent.

(l) Upon review of a child’s IFSP and, at a minimum, upon annual review, the program shall determine whether any change in circumstances warrants review of the appointment of the child’s surrogate parent. If the program determines that circumstances warrant the termination of the appointment of a child’s surrogate parent and the appointment of a new surrogate parent for the child, the program shall make a request to the director or the director’s designee, who shall take action to make the change in consultation with the Commissioner of Children and Families or other state agency, when appropriate.

(m) When a child enrolled in the birth-to-three system is turning three years of age and may be eligible for preschool special education services, the surrogate parent may give consent for the referral to the school district responsible for the child’s education and for the child’s initial evaluation by that school district. The local school district shall then request the appointment of a surrogate parent for the child from the State Department of Education (SDE).

(Effective June 29, 1998; Amended August 30, 2004; Amended April 19, 2010; Amended July 2, 2014)