Page 18 - Procedural_Safeguards_PartCregs

If a judicial decree
or order identifies a
specific person or
persons listed
above to act as the
“parent” of a child
or to make educa-
tional or early inter-
vention service de-
cisions on behalf of
a child, then such
person or persons
shall be determined
to be the “parent”
for purposes of Part
C of IDEA. However, if a provider agency or a public agency pro-
vides any services to a child or any family member of that child,
that WVBTT
provider agency or public agency may not act as a parent for that
child under IDEA.

In the case of a child who is a ward of the State, the surrogate par-
ent instead of being appointed by WVBTT under this section, may
be
appointed by the judge overseeing the infant or toddler’s case pro-
vided that the surrogate parent meets the requirements in this sec-
tion.

An individual is assigned to act as a “surrogate” parent according
to the procedures that follow. The procedures include a method for
determining whether a child needs a surrogate parent and assign-
ing a surrogate parent to the child. The following criteria are em-
ployed when selecting surrogates:
• Surrogate parents are selected in the manner authorized
by West Virginia law.
• Public agencies must ensure that a person selected as a
surrogate parent:
 Is not an employee of the lead agency or any other
public agency or WVBTT provider that provides early
intervention services, education, care, or other ser-
vices to the child or any family member of the child;
 Has no personal or professional interest that conflicts
with the interest of the child he or she represents; and
 Has knowledge and skills that ensure adequate
representation of the child.
• A person who is otherwise qualified to be a surrogate par-
ent under this section is not an employee of the agency
solely because he or she is paid by the agency to serve
as a surrogate parent.

A surrogate parent has the same rights as a parent for all purpos-
es
under Part C. WVBTT must make reasonable efforts to ensure the
assignment of a surrogate parent not more than 30 days after a

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