2011 Oregon Revised Statutes
ORS Volume 10, Chapters 366 - 430
ORS Chapter 419c
419C.220 Appointment of surrogate.

(1) Upon the request of any party, the court shall appoint a surrogate for a youth or youth offender who is temporarily or permanently in the custody of, or committed to, a public or private agency through the action of the juvenile court if:

(a) The court finds that the youth or youth offender may be eligible for special education programs because of a disabling condition as provided in ORS chapter 343;

(b) The youth or youth offender does not already have a surrogate appointed by a school district or other educational agency; and

(c) The requesting party nominates a person who is willing to serve as the surrogate and who meets the requirements described in subsection (2) of this section.

(2) A surrogate appointed under this section:

(a) May not be an employee of the state educational agency, a school district or any other agency that is involved in the education or care of the youth or youth offender;

(b) May not have a conflict of interest that would interfere with the surrogate representing the special education interests of the youth or youth offender;

(c) Shall have knowledge and skills that ensure that the surrogate can adequately represent the youth or youth offender in special education decisions; and

(d) May not be a person who is the youth s or youth offender s parent, guardian or former guardian if:

(A) At any time while the youth or youth offender was under the care, custody or control of the person, a court entered an order:

(i) Taking the youth or youth offender into protective custody under ORS 419B.150; or

(ii) Committing the youth or youth offender to the legal custody of the Department of Human Services for care, placement and supervision under ORS 419B.337; and

(B) The court entered a subsequent order that:

(i) The youth or youth offender should be permanently removed from the person s home, or continued in substitute care, because it was not safe for the youth or youth offender to be returned to the person s home, and no subsequent order of the court was entered that permitted the youth or youth offender to return to the person s home before the youth s or youth offender s wardship was terminated under ORS 419B.328; or

(ii) Terminated the person s parental rights under ORS 419B.500 and 419B.502 to 419B.524. [1993 c.33 187; 2003 c.396 100; 2005 c.662 15; 2011 c.194 9]