Limitations on appointment of surrogate to protect educational rights of a child with a disability
A school district or other educational agency may not appoint as a surrogate, nor may a court order the appointment as a surrogate, to protect the special educational rights of a child with a disability, a person who is the child’s parent, guardian or former guardian if:
(1) At any time while the child was under the care, custody or control of the person, a court entered an order:
(a) Taking the child into protective custody under ORS 419B.150 (When protective custody authorized); or
(b) Committing the child to the legal custody of the Department of Human Services for care, placement and supervision under ORS 419B.337 (Commitment to custody of Department of Human Services); and
(2) The court entered a subsequent order that:
(a) The child should be permanently removed from the person’s home, or continued in substitute care, because it was not safe for the child to be returned to the person’s home, and no subsequent order of the court was entered that permitted the child to return to the person’s home before the child’s wardship was terminated under ORS 419B.328 (Ward of the court); or
(b) Terminated the person’s parental rights under ORS 419B.500 (Termination of parental rights generally) and 419B.502 (Termination upon finding of extreme conduct) to 419B.524 (Effect of termination order). [2011 c.194 §6]
Note: 343.156 (Limitations on appointment of surrogate to protect educational rights of a child with a disability) was added to and made a part of ORS chapter 343 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.