Without a parent who can legally advocate for special education services, foster children with disabilities are often cut off from the services to which they are entitled. In Maine and Massachusetts, every child with special needs who is placed in foster care by court order is entitled to representation by a qualified foster parent or surrogate parent. New Jersey advocates argue that serious consideration should be given to development of an expanded surrogate parent program to meet this need.
http://www.kidlaw.org/main.asp?uri=1003&di=136.htm&dt=0&sti=2