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

(b) The child 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 child;

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

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

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

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

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

(ii) Committing the child 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 child should be permanently removed from the person’s home, or continued in substitute care, because it was not safe for the child to be returned to the person’s home, and no subsequent order of the court was entered that permitted the child to return to the person’s home before the child’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 §77; 2005 c.662 §14; 2011 c.194 §8]