Sec. 263.0025. APPOINTMENT OF SURROGATE PARENT. (a) If a child in the temporary or permanent conservatorship of the department is eligible under Section 29.003, Education Code, to participate in a school district's special education program, the court may, when necessary to ensure that the educational rights of the child are protected, appoint a surrogate parent who:
(1) is willing to serve in that capacity; and
(2) meets the requirements of 20 U.S.C. Section 1415(b) and Section 29.001(10), Education Code.
(b) In appointing a surrogate parent for a child, the court shall give preferential consideration to a foster parent of the child as required under Section 29.015, Education Code.
(c) If the court does not appoint a child's foster parent to serve as the child's surrogate parent, the court shall give consideration to:
(1) a relative or other designated caregiver as defined by Section 264.751; or
(2) a court-appointed volunteer advocate who has been appointed to serve as the child's guardian ad litem, as provided by Section 107.031(c).
(d) The following persons may not be appointed as a surrogate parent for the child:
(1) the department;
(2) the Texas Education Agency;
(3) a school or school district; or
(4) any other agency that is involved in the education or care of the child.
Added by Acts 2013, 83rd Leg., R.S., Ch. 688 (H.B. 2619), Sec. 3, eff. September 1, 2013.
Section: Previous 263.001 263.002 263.0021 263.0025 263.003 263.004 263.0045 263.005 263.006 263.0061 263.007 263.008 263.009 263.101 263.102 NextLast modified: September 28, 2016