Can a foster parent act as a childs parent or surrogate parent?
Yes. A foster parent may act as a parent for children eligible for special education and Early Intervention if: • The natural parents’ authority to make educational decisions on the child’s behalf has been extinguished under State law; and • The foster parent: • Has an ongoing, long-term parental relationship with the child; • Is willing to make the educational decisions required of parents; and • Has no interest that would conflict with the interests of the child. While there is no law that specifically prohibits it, the Ohio Department of Education interprets Ohio law to prevent a foster parent from acting as parent. A foster parent may also be appointed as surrogate parent for a foster child if the foster parent does not meet the qualifications to be a “parent” and meets the qualifications for being a surrogate.
