Independent Living Program - Florida's Center for Child Welfare

A surrogate parent can be appointed either bythe School Board or the dependency court.Many students with disabilities in state carehave a surrogate appointed through the schoolsystem. Youth and their advocates shouldseek the appointment of a surrogate parentif there is no adult serving in that role.Who CAN be a Surrogate Parent?The basic requirement is that the person be overthe age of 18 and complete training that shows thatthey have the knowledge, skills, and experience todo the job. Guardians ad litem and some fosterparents are eligible to be surrogate parents.Who CANNOT be a Surrogate Parent?People who work for the state or local educationdepartment and people who work for any agencyresponsible for caring for the youth are not eligible.This includes employees of the Department ofChildren & Families, Juvenile Justice, the Agencyfor Persons With Disabilities, Community BasedCare providers and sub-contracted agencies.This means that case workers and counselors inthe school system cannot be surrogate parents.The exception is that foster parents who alsowork for the school system may serve as thesurrogate parent for the youth in their care.All youth in statecare should havea designatededucationaldecision maker.When youth are in state care there is often a great deal of confusion as towho is responsible for acting as the parent for educational purposes.For purposes of the Individuals With Disability Education Act, a caseworkeror group home employee can never be an educational decision maker. Afoster parent can be an educational decision maker only if he or she has anongoing parental relationship with the child.But a foster parent, caseworker or caregiver at a group home may act as aparent in the school setting by approving participation in school activities suchas sports, field trips and clubs; attending events, and providing excuses forabsences.If there is any doubt, ask the court to designate an educational decisionmaker.7