Section 350.213 - Surrogate Parents(a) The contractor shall ensure that the rights of children eligible under this chapter are protected if: (1) no parent can be identified; or(2) the contractor, after reasonable efforts, cannot discover the whereabouts of a parent.(b) The contractor must determine the need for and assign a surrogate parent for the child consistent with 34 CFR § 303.422 and existing state laws and regulations. This must include a method for: (1) determining whether a child needs a surrogate parent;(2) assigning a surrogate parent within the required 30-day timeframe ; and(3) providing training to ensure that the surrogate parent fully understands their role and responsibilities to represent the best interest of the child.(c) Criteria for selecting surrogates are as follows. (1) A person selected as surrogate must have no interest that conflicts with the interests of the child represented.(2) A person assigned as a surrogate parent must not be an employee of any state agency or a person or an employee of a person providing early childhood intervention services to the child or any family member of the child.(3) A person who qualifies to be a surrogate parent is not an employee solely because he or she is paid to serve as a surrogate parent.(4) A person selected as a surrogate parent must have knowledge and skills that ensure adequate representation of the interests of the child.(5) The requirements of paragraphs (1) - (4) of this subsection ensure that the surrogate parent does not hold a job or a position that would either bias the decisions made for the child or make the surrogate parent vulnerable to the possibility of administrative retaliation for the execution of their responsibilities.(6) If a person qualifies as a "parent" there is no need to appoint a "surrogate parent" and no need to meet the criteria in this subsection.(d) A surrogate parent may represent a child in all matters related to: (1) the evaluation and assessment of the child;(2) development and implementation of the child's IFSPs, including annual evaluations and periodic reviews;(3) the ongoing provision of early childhood intervention services to the child; and(4) any other rights established under this chapter.26 Tex. Admin. Code § 350.213
The provisions of this §108.213 adopted to be effective September 1, 2011, 36 TexReg 5387; amended to be effective July 1, 2012, 37 TexReg 4621; amended by Texas Register, Volume 44, Number 26, June 28, 2019, TexReg 3284, eff. 6/30/2019; entire chapter transferred from Title 40, Part 2, Chapter 208 by Texas Register, Volume 46, Number 06, February 5, 2021, TexReg 0941, eff. 3/1/2021