162.997. Surrogates appointed, when--state board of education, duties--definitions.

Surrogates appointed, when--state board of education,duties--definitions.

162.997. 1. The state board of education shall:

(1) Establish and maintain procedures to appoint a personto act as a surrogate for the parent or guardian of a handicappedor 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 publicagency or institution in accordance with section 211.181, RSMo;

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

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

(4) Provide the education and training necessary to ensurethat a surrogate parent appointee has the knowledge and skills toact as an effective representative of a handicapped or severelyhandicapped child in all decisions relating to the child'seducation;

(5) Establish standards and procedures by which a surrogateparent 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 becomeknown or available.

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

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

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

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

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