162.997. Surrogates appointed, when — state board of education, duties — definitions.

331 words·~2 min read·/mo/chapter-162/162-997

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

162.997. Surrogates appointed, when — state board of education, duties — definitions. — 1. The state board of education shall:

(1)Establish and maintain procedures to appoint a person to act as a surrogate for the parent or guardian of a handicapped or severely handicapped child when:

(a)The parents or guardian of the child are not known;

(b)The parents or guardian of the child are unavailable; or

(c)The child has been committed to the custody of a public agency or institution in accordance with section 211.181 ;

(2)Establish and maintain procedures to recruit persons to act as surrogate parents for handicapped or severely handicapped children;

(3)Establish and maintain a list of names of persons who will undertake appointments to act as surrogates for the parents or guardians of handicapped or severely handicapped children;

(4)Provide the education and training necessary to ensure that a surrogate parent appointee has the knowledge and skills to act as an effective representative of a handicapped or severely handicapped child in all decisions relating to the child's education;

(5)Establish standards and procedures by which a surrogate parent may be removed from his appointment if:

(a)He is not effectively representing the child; or

(b)The parents or guardian of a child subsequently become known or available.

2. For purposes of sections 162.997 to 162.999 , the following terms mean:

(1)"Handicapped child" or "severely handicapped child" , as defined in section 162.675 ;

(2)"Parent" , a biological parent, a guardian or a person acting as a parent of a child, including but not limited to a grandparent or stepparent with whom a child lives. The term does not include the state if the child is a ward of the state. The term does not include a person whose parental rights have been terminated;

(3)"Unavailable" , a person is unavailable if his whereabouts are unknown after reasonable inquiry.

--------

(L. 1988 H.B. 1237 § 1, A.L. 1992 H.B. 1151)