Section Ed 1116.04 - Appointment of Foster Parents as Surrogate Parents Pursuant to RSA 186-C:14-a(a) For the purposes of Ed 1116.04, the director of a child placement agency licensed under RSA 170-E who assigns a surrogate parent to make educational decisions on behalf of a foster child as provided in Ed 1116.04(b) and (c) shall be considered a designee of the commissioner of education.(b) In addition to the appointment of a foster parent as a surrogate parent through the department and by court order, a director of a child placing agency licensed under RSA 170-E that has placed a child with a foster parent may also assign a surrogate parent to make educational decisions on behalf of a foster child for the duration of the foster placement provided that:(1) The parent(s) or child's biological or adoptive parents' parental rights have been terminated by a court of law or by death;(2) The foster parent is in an on-going, long term relationship with the child for at least one year;(3) The foster parent is willing to make educational decisions required of parents under federal and state law;(4) The foster parent has no interest that would conflict with the child; and(5) The foster parent has demonstrated to the commissioner of the department of education or the commissioner's designee that he or she has the knowledge and skills to represent the child adequately in educational decision making by either:a. Fulfilling all of the requirements specified in Ed 1115.07(b) through (f) and successfully passing a background check which includes a fingerprint check; orb. Attaining a minimum score of 80 on the final exam given to surrogate parent candidates and successfully passing a background check which includes a fingerprint check.(c) Within 10 days from the date an individual is appointed as a surrogate parent under Ed 1116.04, the director of the child placing agency shall notify the commissioner of education or the commissioner's designee of the name, date of birth, address, and telephone number of the foster parent who has been assigned as a surrogate parent.N.H. Admin. Code § Ed 1116.04
(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08
Amended by Volume XXXVII Number 15, Filed April 13, 2017, Proposed by #12141, Effective 3/24/2017, Expires 3/24/2027.