need any judicial action to serve instead of the child’s parent. However, many of our children live in group homes, or live with foster parents who do not desire to become the decisionmaker. In these situations, we should seek the appointment of a surrogate parent. Is there anyone who may not be appointed as a surrogate? Yes, the following individuals are prohibited from appointment as a surrogate: Employees of the Department of Education the local school district a community-based care provider the Department of Children and Family Services or any other public or private agency involved in the education or care of the child. This prohibition includes group home staff and therapeutic foster parents. However, any person who acts in a parental role to a child, such as a foster parent or relative caregiver, is not prohibited from serving as a surrogate parent if he or she is employed by such agency, willing to serve, and knowledgeable about the child and the exceptional student education process. Pursuant to Florida statute, the Guardian ad if one has been appointed by the court for the child, must be considered for appointment as the surrogate parent. How is a surrogate parent appointed? For a child known to the department, the responsibility to appoint a surrogate parent resides with both the district school superintendent and the court with jurisdiction over the child. If the court elects to appoint a surrogate parent, notice shall be provided as soon as practicable to the child's school. At any time the court determines that it is in the best interests of a child to remove a surrogate parent, the court may appoint a new surrogate parent for educational decisionmaking purposes for that child. What does a case manager do if the child needs a surrogate and none has been appointed? Speak with the CLS attorney on the case. Useful websites concerning special education laws and programs:
need any judicial action to serve instead of the child’s parent. However, many of our children live in group homes, or live with foster parents who do not desire to become the decisionmaker. In these situations, we should seek the appointment of a surrogate parent. Is there anyone who may not be appointed as a surrogate? Yes, the following individuals are prohibited from appointment as a surrogate: Employees of the Department of Education the local school district a community-based care provider the Department of Children and Family Services or any other public or private agency involved in the education or care of the child. This prohibition includes group home staff and therapeutic foster parents. However, any person who acts in a parental role to a child, such as a foster parent or relative caregiver, is not prohibited from serving as a surrogate parent if he or she is employed by such agency, willing to serve, and knowledgeable about the child and the exceptional student education process. Pursuant to Florida statute, the Guardian ad if one has been appointed by the court for the child, must be considered for appointment as the surrogate parent. How is a surrogate parent appointed? For a child known to the department, the responsibility to appoint a surrogate parent resides with both the district school superintendent and the court with jurisdiction over the child. If the court elects to appoint a surrogate parent, notice shall be provided as soon as practicable to the child's school. At any time the court determines that it is in the best interests of a child to remove a surrogate parent, the court may appoint a new surrogate parent for educational decisionmaking purposes for that child. What does a case manager do if the child needs a surrogate and none has been appointed? Speak with the CLS attorney on the case. Useful websites concerning special education laws and programs:
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