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Title 4 . Education and Early Development
Chapter 52 . (Repealed)
Section 590. Appointment of surrogate parent

4 AAC 52.590. Appointment of surrogate parent

(a) Each district shall establish and implement written procedures for the identification of children who are entitled to the appointment of a surrogate parent, and for the appointment and removal of surrogate parents. A child is entitled to a surrogate parent if the child meets the criteria of (b) of this section and

(1) the child is 3 through 17 years of age; or

(2) the child is 18 through 21 years of age and has been adjudicated incompetent by a court.

(b) A child is entitled to a surrogate parent if

(1) the district cannot identify a parent of the child;

(2) the district, exercising reasonable diligence cannot locate at least one person acting as a parent of the child;

(3) the district locates one or more persons acting as a parent of the child, but each person affirmatively disclaims responsibility for the child's educational program and relinquishes it in writing to a surrogate parent; or

(4) the child is committed to the custody of the Department of Health and Social Services under AS 47.10.080 or AS 47.12.120 .

(c) For each child entitled to a surrogate parent, the district in which the child resides shall, on a form provided by the department, appoint a person meeting the qualifications set out in 4 AAC 52.600 for a surrogate parent.

(d) In appointing a surrogate parent under (c) of this section, a district shall give preference to a member of the child's immediate or extended family, or family friend over a person having no prior involvement with the child.

(e) Repealed 11/26/93.

(f) The educational placement of a child who has been identified by the district as entitled to a surrogate parent may not be changed until 10 days after appointment of a surrogate parent.

History: Eff. 7/1/83, Register 86; am 11/26/93, Register 128; am 8/22/2001, Register 159; am 3/31/2002, Register 161

Authority: AS 14.07.060

AS 14.30.325

AS 47.10.084

AS 47.12.150

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Last modified 7/05/2006