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Ch. 113
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PARRIS N. GLENDENING, Governor
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(1) THE PARENTS ARE UNAVAILABLE OR UNKNOWN AS DEFINED IN §
8-412 OF THIS SUBTITLE, THE CHILD WOULD BE ELIGIBLE FOR A PARENT
SURROGATE, AND THE CHILD REQUESTS THAT THE PARENTAL RIGHTS BE
TRANSFERRED TO THE CHILD;
(2) THE PARENTS HAVE NOT PARTICIPATED IN THE SPECIAL
EDUCATION DECISION MAKING PROCESS FOR THE CHILD AFTER REPEATED
ATTEMPTS BY THE LOCAL SCHOOL SYSTEM TO INVOLVE THE PARENTS OVER THE
PREVIOUS YEAR AS DESCRIBED IN COMAR 13A.05.01.07C(7);
(3) THE PARENTS HAVE AFFIRMATIVELY REJECTED PARTICIPATION IN
THE SPECIAL EDUCATION DECISION MAKING PROCESS;
(4) THE PARENTS CANNOT PARTICIPATE IN THE SPECIAL EDUCATION
DECISION MAKING PROCESS DUE TO PROLONGED HOSPITALIZATION,
INSTITUTIONALIZATION, OR SERIOUS ILLNESS OR INFIRMITY OF ONE OR BOTH OF
THE PARENTS AND THE PARENTS HAVE CONSENTED TO THE TRANSFER OF RIGHTS
TO THE CHILD;
(5) THE PARENTS CANNOT PARTICIPATE IN THE SPECIAL EDUCATION
DECISION MAKING PROCESS DUE TO EXTRAORDINARY CIRCUMSTANCES BEYOND
THE CONTROL OF THE PARENTS AND THE PARENTS HAVE CONSENTED TO THE
TRANSFER OF RIGHTS TO THE CHILD; OR
(6) THE CHILD IS LIVING OUTSIDE OF THE PARENTS' HOME AND IS NOT
IN THE CARE OR CUSTODY OF ANOTHER PUBLIC AGENCY AS DEFINED IN § 8-412 OF
THIS SUBTITLE.
(B) A CHILD WITH DISABILITIES WHO REACHES THE AGE OF 18 YEARS AND IS
LIVING AT HOME WITH THE CHILD'S PARENTS AND WHOSE PARENTS DO NOT
CONSENT TO THE TRANSFER OF RIGHTS TO THE CHILD MAY FILE FOR DUE PROCESS
IN ACCORDANCE WITH § 8-413 OF THIS SUBTITLE TO DETERMINE WHETHER THE
RIGHTS SHOULD BE TRANSFERRED TO THE CHILD.
(C) IF A CHILD WITH DISABILITIES WHO HAS REACHED THE AGE OF 18 YEARS
HAS BEEN REPRESENTED BY A PARENT SURROGATE AS DEFINED IN § 8-412 OF THIS
SUBTITLE, ANY NOTICE REQUIRED BY THE INDIVIDUALS WITH DISABILITIES
EDUCATION ACT, 20 U.S.C. 1400 ET SEQ. 1997, SHALL BE PROVIDED TO BOTH THE
CHILD AND TO THE PARENT SURROGATE AND ALL OTHER RIGHTS ACCORDED TO THE
PARENT SURROGATE UNDER THAT ACT SHALL TRANSFER TO THE CHILD IF THE
CHILD HAS NOT BEEN ADJUDGED INCOMPETENT UNDER STATE LAW AND THE CHILD
REQUESTS THAT THE RIGHTS TRANSFER TO THE CHILD.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect July 1, 2002.
Approved April 25, 2002.
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- 1353 -
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