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| Public Act 098-0868 | ||||
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AN ACT concerning courts.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Juvenile Court Act of 1987 is amended by | ||||
adding Section 2-10.2 as follows: | ||||
(705 ILCS 405/2-10.2 new) | ||||
Sec. 2-10.2. Educational surrogate parent. | ||||
(a) Upon issuing an order under Section 2-10 of this Act, | ||||
whenever a special education services or early intervention | ||||
services surrogate parent is appointed for a minor under the | ||||
federal Individuals with Disabilities Education Act, the court | ||||
may appoint one or both parents or the minor's legal guardian | ||||
who is a respondent as the educational surrogate parent or | ||||
early intervention program surrogate parent for the minor if: | ||||
(1) the parent or legal guardian respondent requests | ||||
the appointment; and | ||||
(2) the court finds that the best interests of the | ||||
minor are consistent with the appointment. | ||||
(b) The court may appoint a person other than a parent or | ||||
legal guardian respondent as educational surrogate parent or | ||||
early intervention program surrogate parent of the minor if: | ||||
(1) the person is not a party to the abuse, neglect, or | ||||
dependency of the minor; | ||||
(2) the person is familiar with the needs of the minor; | ||
(3) a parent or guardian does not request appointment, | ||
is unavailable, or the court denies the request for | ||
appointment by a parent or guardian respondent; and | ||
(4) the court finds that the best interests of the | ||
minor are consistent with the appointment. | ||
(c) An educational surrogate parent or early intervention | ||
program surrogate parent shall meet the requirements of | ||
applicable federal laws and rules governing educational | ||
surrogate parents or early intervention program surrogate | ||
parents. The court may rescind its appointment of an | ||
educational surrogate parent or early intervention program | ||
surrogate parent at any time if it determines that rescinding | ||
the appointment is consistent with the best interests of the | ||
minor. If the court does not appoint a parent, guardian | ||
respondent, or other person as educational surrogate parent or | ||
early intervention program surrogate parent, or if the court | ||
rescinds an appointment, the selection of an educational | ||
surrogate parent or early intervention program surrogate | ||
parent shall be made under applicable federal and State laws | ||
and rules.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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