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| 1 | AN ACT concerning courts.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Juvenile Court Act of 1987 is amended by | ||||||
| 5 | adding Section 2-10.2 as follows: | ||||||
| 6 | (705 ILCS 405/2-10.2 new) | ||||||
| 7 | Sec. 2-10.2. Educational surrogate parent. | ||||||
| 8 | (a) Upon issuing an order under Section 2-10 of this Act, | ||||||
| 9 | whenever a special education services or early intervention | ||||||
| 10 | services surrogate parent is appointed for a minor under the | ||||||
| 11 | federal Individuals with Disabilities Education Act, the court | ||||||
| 12 | may appoint one or both parents or the minor's legal guardian | ||||||
| 13 | who is a respondent as the educational surrogate parent or | ||||||
| 14 | early intervention program surrogate parent for the minor if: | ||||||
| 15 | (1) the parent or legal guardian respondent requests | ||||||
| 16 | the appointment; and | ||||||
| 17 | (2) the court finds that the best interests of the | ||||||
| 18 | minor are consistent with the appointment. | ||||||
| 19 | (b) The court may appoint a person other than a parent or | ||||||
| 20 | legal guardian respondent as educational surrogate parent or | ||||||
| 21 | early intervention program surrogate parent of the minor if: | ||||||
| 22 | (1) the person is not a party to the abuse, neglect, or | ||||||
| 23 | dependency of the minor; | ||||||
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| 1 | (2) the person is familiar with the needs of the minor; | ||||||
| 2 | (3) a parent or guardian does not request appointment, | ||||||
| 3 | is unavailable, or the court denies the request for | ||||||
| 4 | appointment by a parent or guardian respondent; and | ||||||
| 5 | (4) the court finds that the best interests of the | ||||||
| 6 | minor are consistent with the appointment. | ||||||
| 7 | (c) An educational surrogate parent or early intervention | ||||||
| 8 | program surrogate parent shall meet the requirements of | ||||||
| 9 | applicable federal laws and rules governing educational | ||||||
| 10 | surrogate parents or early intervention program surrogate | ||||||
| 11 | parents. The court may rescind its appointment of an | ||||||
| 12 | educational surrogate parent or early intervention program | ||||||
| 13 | surrogate parent at any time if it determines that rescinding | ||||||
| 14 | the appointment is consistent with the best interests of the | ||||||
| 15 | minor. If the court does not appoint a parent, guardian | ||||||
| 16 | respondent, or other person as educational surrogate parent or | ||||||
| 17 | early intervention program surrogate parent, or if the court | ||||||
| 18 | rescinds an appointment, the selection of an educational | ||||||
| 19 | surrogate parent or early intervention program surrogate | ||||||
| 20 | parent shall be made under applicable federal and State laws | ||||||
| 21 | and rules.
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| 22 | Section 99. Effective date. This Act takes effect upon | ||||||
| 23 | becoming law.
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