TITLE 33
Probate practice and procedure

CHAPTER 33-15.1
Guardianship of Minors

SECTION 33-15.1-2


§ 33-15.1-2 Guardianship for education – Educational advocates for children with disabilities under the care and custody of the state.

Whenever the family court places a child in the care and custody of the state, it shall enter an order indicating whether the parents or guardian are to be allowed to continue to make educational decisions on behalf of the child. At the same time, the family court shall make a factual determination pursuant to § 16-64-1 as to the residence of the child's parent(s) or guardian on the date that the child is placed in the care and custody of the state, subject to § 16-64-6. Thereafter, while the child is in the care of the state, the director of DCYF shall have the duty to update the child's parent's residence in accordance with § 42-72.4-1. If the family court enters an order vesting the right to control a child's education with a state agency, and if the court or the state agency finds that the child is in need of special education, or that the child is suspected of being in need of special education, the court or state agency shall request the commissioner of elementary and secondary education to appoint an educational advocate to exercise the child's due process rights under applicable state and federal special education laws and regulations. The commissioner of elementary and secondary education shall also have the power to appoint an educational advocate when a child's parents or guardian cannot be identified or when the whereabouts of a parent cannot be determined. If a parent is identified or the whereabouts of the parent become known, then the commissioner shall terminate the appointment of the educational advocate. An educational advocate, acting in good faith, shall be immune from any liability resulting from the performance of his or her duties as an educational advocate.

History of Section.
(P.L. 1992, ch. 493, § 5; P.L. 1995, ch. 231, § 1; P.L. 1998, ch. 68, § 4; P.L. 1999, ch. 83, § 77; P.L. 1999, ch. 130, § 77.)