ORS 419B.223
Duties and tenure of surrogate

A person that is appointed surrogate for a ward has the duty and authority to protect the due process rights of the ward with respect to the provision of free appropriate public education. A surrogate appointed by the court shall immediately apply to the attending school district for an evaluation of the ward’s eligibility for special education and shall participate in the development of the ward’s educational plan as provided in ORS chapter 343. The duties and responsibilities of the surrogate shall continue until whichever of the following occurs first:


The ward is 21 years of age;


The ward is determined to be no longer eligible for special education; or


The juvenile court terminates wardship and determines that the child’s parent or guardian is both known and available to protect the special educational rights of the child. [1993 c.33 §78; 2003 c.396 §52]
§§ 419B.500 to 419B.524

Notes of Decisions

Under Former Similar Statutes

Due process does not require the appointment of “independent counsel” to represent the child in every adoption or termination of parental rights proceeding. F. v. C., 24 Or App 601, 547 P2d 175 (1976)

When second termination of parental rights proceeding was not itself barred, proof was not limited by res judicata or collateral estoppel principles to facts or evidence which was not considered in or which came in to being after first proceeding. State ex rel Juvenile Dept. v. Newman, 49 Or App 221, 619 P2d 901 (1980), Sup Ct review denied

Chapter 419B

Notes of Decisions

Due process rights of parents are always implicated in construction and application of provisions of this chapter. Department of Human Services v. J.R.F., 351 Or 570, 273 P3d 87 (2012)

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May. 15, 2020