A. If a child in the custody of the department is in out-of-home care and is receiving or in need of services pursuant to Title 15, Chapter 7, Article 4, the department shall promptly notify the child’s public education agency of the name and contact information for the child’s parent, as defined in 34 C.F.R. § 300.30, unless a court has ordered otherwise.

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B. If a public education agency notifies the department that the child requires an initial evaluation for special education and related services and the parent identified pursuant to subsection A of this section cannot be located or does not attempt to participate, the department shall promptly notify the public education agency of a parent, as defined in 34 C.F.R. § 300.30, who can consent to or refuse the initial evaluation in accordance with 20 United States Code § 1414.

C. When the biological or adoptive parent of the child attempts to act as the parent, the biological or adoptive parent is presumed to be the parent for the purposes of this section.