POLICY LETTER: September 6, 2011 to Ronald Caplan

September 6, 2011Ronald CaplanDirector of Community EducationBoard of Child Care3300 Gaither RoadBaltimore, Maryland 21244-2999Dear Mr. Caplan:This is in response to your January 20, 2011 letter to Dr. Alexa Posny, Assistant Secretary for the Office of Special Education and Rehabilitative Services, regarding the appointment of surrogate parents for children who are wards of the State in Maryland. You indicate that the Baltimore County Public School System interprets the requirement in the Individuals with Disabilities Education Act (IDEA) Part B regulations, at 34 CFR 300.519, to include all children in foster care or group homes as wards of the State even if the parent has not relinquished guardianship, but where the court(s) have limited guardianship for medical, educational and dental decisions and reunification is the ultimate goal of placement. Specifically, you ask if every child with a disability in foster care or a group home requires the automatic appointment of a surrogate parent when the court has assigned limited guardianship to a state agency and the parent is available and reunification and/or parent participation in meetings is part of the same order. Regulatory AuthorityUnder 34 CFR 300.519(a)(3), a public agency must ensure that the rights of a child are protected when the child is a ward of the State under the laws of that State. Although the duties of a public agency include the assignment of an individual to act as a surrogate for the parents in this circumstance, the public agency must have a method (1) for determining whether a child needs a surrogate parent and (2) for assigning a surrogate parent to the child. 34 CFR 300.519(b). Ward of the State, as defined in 34 CFR 300.45, means a child determined by the State where the child resides to be a foster child; a ward of the State; or in the custody of a public child welfare agency. This definition excludes a foster child who has a foster parent who meets the definition of parent in 34 CFR 300.30. Under 34 CFR 300.30(a)(2), a foster parent is considered the child's parent under Part B, unless State law, regulations, or contractual obligations with a State or local entity prohibit a foster parent from acting as a parent. Finally, 34 CFR 300.30(b)(1) presumes that the child's biological or adoptive parent is the parent under Part B if more than one person is qualified and is attempting to act as parent, unless the biological or adoptive parent does not have the authoritySincerely,/s/Melody Musgrove, Ed.D.DirectorOffice of Special Education Programscc: State Director of Special EducationPage PAGE * MERGEFORMAT 2 Ronald Caplan