March 29, 2024
BANGOR DAILY NEWS (BANGOR, MAINE

Surrogate parent writes on legality of educational placement

The Nov. 15 article regarding Homestead suggests that, if Homestead were to close, all of the youths presently residing there would be placed in out-of-state facilities. Most of the children currently placed “out of state” are placed through the special education process. Any child placed at Homestead through the special education process or who is receiving special education services as a ward of the state can only be placed for educational reasons with the approval of his/her Pupil Evaluation Team (PET).

The Department of Human Services does not have the authority to place children out of state for educational reasons. It’s also interesting that alternative placements were found for more than 50 percent of the youths who would normally be placed at Homestead. Were these students sent out of state? Or was the Homestead placement an incorrect placement and are these students currently in a less restrictive environment?

Every child in state custody or who is a ward of the state and who is receiving special education services must have a surrogate parent (a federal requirement). The surrogate parent has the full rights of due process regarding the surrogate child’s educational placement. In most cases, residential facilities are educational placements and changes in educational placements cannot be made by DHS without authorization of the PET and the surrogate parent.

The Department of Education is responsible for assigning and training surrogate parents. The current system of assigning surrogate parents will usually place a foster parent in that role. Unfortunately, this process of assigning surrogate parents is not effective, particularly for those children and youths who have made multiple moves while in state custody and who are most in need of consistant advocacy. The appointment is informal and it is unclear who assumes the role when a child is moved to a new foster home or residential facility.

There is also the risk of a conflict of interest since the foster parent is paid by DHS or by an agency under contract to DHS. The foster parent-surrogate parent becomes susceptible to pressure by DHS or agency to agree io placements which may not be in the best interest of the child. There is a tendency, like Mr. Patten’s loan analogy, to blame the students for failing rather than admitting that the interventions used at the facility or foster home were not working for that youth. This allows DHS to make arbitrary decisions regarding placement and places children and youth at risk of institutionalization.

The Department of Education and the Department of Human Services both have federal requirements to place children in the Least Restrictive Environment (LRE). At an April breakfast meeting of advocates for people with mental retardation, Commissioner Rollin Ives stated that he did not believe in LRE but rather “in the most therapeutic.” It is disturbing that the man who is responsible for so many children does not understand the concept of LRE, which is, ny definition, tne most therapeutic.

I would like to offer several suggestions that would help protect “children without families” from placements as a result of bureaucratic and administrative expediency:

(1) The Department of Education should revise the appointment procedure for surrogate parents. Appointments should be made and accepted in writing and copies should appear in the students’ permanent educational record. Appointments should be permanent and should not change if a child’s placement changes.

(2) There should be a review of all children in state custody receiving special education services. The placement of any child without an identified surrogate parent should be reviewed by a new PET after a surrogate parent has been identified.

(3) An independent Office of Advocacy should be created within the Department of Human Services to protect “children without families” from abuses by DHS and those agencies contracted by DHS. A model for this already exists within the Department of Mental Health and Mental Retardation.

(4) Anyone interested in volunteering as a surrogate parent should notify the Department of Education in Augusta.

The low enrollment at Homestead is encouraging. It may mean that local school systems are accepting the responsibility of educating their own children. It would be a tragic injustice if DHS attempted to build enrollment by referring students who could be served in a less restrictive setting.

Charles Zeph is a surrogate parent who lives in Orono.


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