RULE 8.292. APPOINTMENT AND DISCHARGE OF
SURROGATE PARENT

(a) Appointment. Unless appointed by the district school
superintendent, the court must appoint a surrogate parent for a
child known to the department who has or is suspected of having a
disability when

(1) after reasonable efforts, no parent can be located; or

(2) a court of competent jurisdiction over a child under
Chapter 39, Florida Statutes, has determined that no person has
the authority under the Individuals with Disabilities Education Act,
including the parent or parents subject to the dependency action, or
no person has the authority, willingness, or ability to serve as the
educational decision maker for the child without judicial action.

(b) Who May Be Appointed. The surrogate parent must
meet the minimum criteria established by law.

(c) Recognition of Surrogate Parent. The dependency court
and school district must recognize the initial individual appointed
as surrogate parent.

(d) Duties and Responsibilities. The surrogate parent must
be acquainted with the child and become knowledgeable about the
child’s disability and education needs and

(1) must represent the child in all matters relating to
identification, evaluation, and educational placement and the
provision of a free and appropriate education to the child;

(2) must represent the interests and safeguard the
rights of the child in educational decisions that affect the child, and
enjoy all the procedural safeguards afforded a parent regarding the
identification, evaluation, and educational placement of a student
with a disability or a student who is suspected of having a
disability; and

(3) does not have the authority to represent the
interests of the child regarding the child’s care, maintenance,
custody, residential placement, or any other area not specifically
related to the education of the child, unless the same person is
appointed by the court for those purposes.

(e) Notice of Appointment. When the court appoints a
surrogate parent, notice must be provided as soon as practicable to
the child’s school.

(f) Substitution or Discharge. The court may, through a
determination of the best interest of the child or as otherwise
established by law, find that it is appropriate to substitute or
discharge the surrogate parent. The surrogate parent must
continue in the appointed role until discharged.

B. TAKING CHILDREN INTO CUSTODY AND
SHELTER HEARINGS