HAR §11-140-3
HAR §11-140-3. Surrogate parent
Cite as Haw. Code R. § 11-140-3
(a)
A designee of
the department, in consultation with the department
that has been assigned care of the child, shall assign
an individual to act as a surrogate for the parent to
ensure that the rights of eligible children are
protected when it is determined that:
(1)
No parent can be identified;
(2)
The department, after reasonable efforts,
cannot locate a parent; or
(3)
The child is a ward of the State.
(b)
In the case of a child who is a ward of the
State, the surrogate parent, instead of being
appointed by the department, may be appointed by the
judge overseeing the child's case provided that the
surrogate meets the requirements of a surrogate
parent.
(c)
selected
(1)
(2)
The department shall ensure that a person
as a surrogate parent:
Is not an employee of any state agency or is
not a person or employee of a person
providing early intervention services,
education, care, or other services to the
child or any family member of the child;
Has no personal or professional interest
that conflicts with the interests of the
child that the person represents; and
(3)
Has knowledge and skills that ensure
adequate representation of the child.
(d)
A person otherwise qualified to be a
surrogate parent under subsection (c) is not an
employee of the agency solely because the person is
paid by the agency to serve as a surrogate parent.
(e) The surrogate parent has the same rights as a
parent for all purposes under this chapter.
(f)
The designee of the department shall make
reasonable efforts to ensure the assignment of a
surrogate parent not more than thirty days after a
public agency determines that the child needs a
surrogate parent.
[Eff
SEP 2 0 2013
] (Auth:
HRS
§ 3 21- 3 5 4 ) ( Imp :
HRS § § 3 21- 3 51 , 3 5 2 ; 3 4 C . F . R.
140-7
. L.