Section 162.997

Title XI EDUCATION AND LIBRARIES

Chapter 162

Effective - 28 Aug 1992   

  162.997.  Surrogates appointed, when — state board of education, duties — definitions. — 1.  The state board of education shall:

  (1)  Establish and maintain procedures to appoint a person to act as a surrogate for the parent or guardian of a handicapped or severely handicapped child when:

  (a)  The parents or guardian of the child are not known;

  (b)  The parents or guardian of the child are unavailable; or

  (c)  The child has been committed to the custody of a public agency or institution in accordance with section 211.181;

  (2)  Establish and maintain procedures to recruit persons to act as surrogate parents for handicapped or severely handicapped children;

  (3)  Establish and maintain a list of names of persons who will undertake appointments to act as surrogates for the parents or guardians of handicapped or severely handicapped children;

  (4)  Provide the education and training necessary to ensure that a surrogate parent appointee has the knowledge and skills to act as an effective representative of a handicapped or severely handicapped child in all decisions relating to the child's education;

  (5)  Establish standards and procedures by which a surrogate parent may be removed from his appointment if:

  (a)  He is not effectively representing the child; or

  (b)  The parents or guardian of a child subsequently become known or available.

  2.  For purposes of sections 162.997 to 162.999, the following terms mean:

  (1)  "Handicapped child" or "severely handicapped child", as defined in section 162.675;

  (2)  "Parent", a biological parent, a guardian or a person acting as a parent of a child, including but not limited to a grandparent or stepparent with whom a child lives.  The term does not include the state if the child is a ward of the state.  The term does not include a person whose parental rights have been terminated;

  (3)  "Unavailable", a person is unavailable if his whereabouts are unknown after reasonable inquiry.

­­--------

(L. 1988 H.B. 1237 § 1, A.L. 1992 H.B. 1151)