(a) Upon issuing an order under Section 2-10 of this Act, whenever a special education services or early intervention services surrogate parent is appointed for a minor under the federal Individuals with Disabilities Education Act, the court may appoint one or both parents or the minor’s legal guardian who is a respondent as the educational surrogate parent or early intervention program surrogate parent for the minor if:
         (1) the parent or legal guardian respondent requests
    
the appointment; and
        (2) the court finds that the best interests of the
    
minor are consistent with the appointment.
    (b) The court may appoint a person other than a parent or legal guardian respondent as educational surrogate parent or early intervention program surrogate parent of the minor if:

Terms Used In Illinois Compiled Statutes 705 ILCS 405/2-10.2

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14

         (1) the person is not a party to the abuse, neglect,
    
or dependency of the minor;
        (2) the person is familiar with the needs of the
    
minor;
        (3) a parent or guardian does not request
    
appointment, is unavailable, or the court denies the request for appointment by a parent or guardian respondent; and
        (4) the court finds that the best interests of the
    
minor are consistent with the appointment.
    (c) An educational surrogate parent or early intervention program surrogate parent shall meet the requirements of applicable federal laws and rules governing educational surrogate parents or early intervention program surrogate parents. The court may rescind its appointment of an educational surrogate parent or early intervention program surrogate parent at any time if it determines that rescinding the appointment is consistent with the best interests of the minor. If the court does not appoint a parent, guardian respondent, or other person as educational surrogate parent or early intervention program surrogate parent, or if the court rescinds an appointment, the selection of an educational surrogate parent or early intervention program surrogate parent shall be made under applicable federal and State laws and rules.
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