§ 419C.220 — Appointment of surrogate

Oregon § 419C.220

• Jurisdiction: Oregon
• Vol.: 11
• Title 34: Human Services; Juvenile Code; Corrections
• Ch. 419C: Juvenile Code: Delinquency

Text

(1) Upon the request of any party, the court shall appoint a surrogate for a youth or adjudicated youth who is temporarily or permanently in the custody of, or committed to, a public or private agency through the action of the juvenile court if:
(a) The court finds that the youth or adjudicated youth may be eligible for special education programs because of a disabling condition as provided in ORS chapter 343;
(b) The youth or adjudicated youth does not already have a surrogate appointed by a school district or other educational agency; and
(c) The requesting party nominates a person who is willing to serve as the surrogate and who meets the requirements described in subsection (2) of this section.
(2) A surrogate appointed under this section:
(a) May not be an employee of the state educational agency, a school district or any other agency that is involved in the education or care of the youth or adjudicated youth;
(b) May not have a conflict of interest that would interfere with the surrogate representing the special education interests of the youth or adjudicated youth;
(c) Shall have knowledge and skills that ensure that the surrogate can adequately represent the youth or adjudicated youth in special education decisions; and
(d) May not be a person who is the youth’s or adjudicated youth’s parent, guardian or former guardian if:
(A) At any time while the youth or adjudicated youth was under the care, custody or control of the person, a court entered an order:
(i) Taking the youth or adjudicated youth into protective custody under ORS 419B.150; or
(ii) Committing the youth or adjudicated youth to the legal custody of the Department of Human Services for care, placement and supervision under ORS 419B.337; and
(B) The court entered a subsequent order that:
(i) The youth or adjudicated youth should be permanently removed from the person’s home, or continued in substitute care, because it was not safe for the youth or adjudicated youth to be returned to the person’s home, and no subsequent order of the court was entered that permitted the youth or adjudicated youth to return to the person’s home before the youth’s or adjudicated youth’s wardship was terminated under ORS 419B.328; or
(ii) Terminated the person’s parental rights under ORS 419B.500 and 419B.502 to 419B.524.

Legislative History

1993 c.33 §187; 2003 c.396 §100; 2005 c.662 §15; 2011 c.194 §9; 2021 c.489 §63