DEPARTMENT OF
PUBLIC WELFARE[55 PA. CODE CHS. 4225 AND 4226] Early Intervention Services [30 Pa.B. 2785] Statutory Authority
The Department of Public Welfare (Department), under the authority of the Early Intervention Services System Act (act) (11 P. S. §§ 875-102--875-503), proposes to adopt amendments to read set forth in Annex A.
Background
The Department is proposing regulations under the authority of the act that directs the Department to develop regulations for early intervention services for infants and toddlers under 3 years of age.
Community Early Intervention was initiated in 1971 with Federal P. L. No. 89-313 money going directly from the Department of Education to early intervention provider agencies.
Early Intervention categorical funding was initiated during fiscal year 1975-76. The Education Amendments Act of 1974, P. L. No. 93-380, defined the intent of Federal P. L. 89-313 moneys. The Education Amendments Act of 1974, contained a provision that the Federal P. L. No. 89-313 money earned must be given directly to that child who generated the funds, for the provision of supplemental educational services only.
As a result of this, the Department was directed to cease targeting of funds to specific agencies. A program revision request was developed for $1.5 million to replace, with State money, the amount of excess targeted Federal money so that programs could remain operational once the Federal funds were distributed equally. Legislative approval of this request allowed the Department to continue participation in the Federal P. L. No. 89-313 program. By receipt of State dollars, all eligible agencies serving eligible children were able to apply for Federal and State money to supplement the early intervention program. All eligible agencies (those who were serving children and submitting child counts) were offered the opportunity to receive Federal P. L. No. 89-313 funds.
The Federal Rights to Education Act 94-142 required all states having responsibility for the education of children with disabilities to have requirements for procedural safeguards. The Federal Department of Education Program Review of 1979 cited the Commonwealth, specifically the Department, for not having a system of procedural safeguards and surrogate parent provisions as required.
The Department established Chapter 4225 (relating to procedural safeguards for children in early intervention) to specify procedures for providing procedural safeguards for notice and consent; confidentiality; placement in least restrictive environment; development, implementation and review of individual program plans; and protection in evaluation for children in early intervention services; and established the rights the families were required to receive.
In 1986, the Individuals with Disabilities Education Act (IDEA) went into effect. Federal Part H of IDEA required the Department to provide procedural safeguards for children enrolled in the early intervention program and include the child's family in the family assessment.
Federal Part H of IDEA required that states designate a lead agency to be responsible for the Early Intervention Program. The act designates the Department to be responsible for the early intervention program for infants and toddlers under 3 years of age. The act also requires early intervention funding to be distributed through the county Mental Health/Mental Retardation Program (HM/HR) Offices. The legal entity may meet this requirement to assure appropriate early intervention services by contracting with public or private agencies that meet all the requirements and program standards of the act. The act further directed the Department to define and address all the issues concerning early intervention services by promulgating program regulations.
Since the act directed the Department to promulgate program regulations, policy bulletins were issued to clarify early intervention services requirements. Office of Mental Retardation Bulletins 4225-91-01; 4225-91-02; 4225-91-03; 4225-91-04; and 4225-91-05 were issued and the Department monitored the effect of the policy bulletins. Along with policy bulletins, intense involvement began for stakeholders to work in conjunction with the Department to draft early intervention program regulations.
Effective in 1997, IDEA was amended by Congress to update the law and the 1997 Amendment replaced Part H with Part C.
The purpose of this chapter is to assure that quality early intervention supports and services are consistently managed. These regulations address the needs of the child and the family's concerns, priorities and resources related to enhancing the development of the child with an individualized family service plan (IFSP). The chapter also establishes criteria for eligibility, contracting guidelines, standards for service delivery, staff qualifications and parental rights established in Part C of IDEA.
These proposed draft regulations are deleting Chapter 4225, 21 Pa.B. 2953 (June 29, 1991). The procedural safeguards are incorporated into the draft program regulations that will be in Chapter 4226.
Regulatory Development Process
A work plan describing the process and time frames that would be followed leading to final promulgation of Chapter 4226 was completed in July 1997. The plan provided for regular consultation with the State Interagency Coordinating Council, parents, early intervention consultants, early intervention provider organizations, legislative staff members and representatives from the county mental health and mental retardation program offices.
On September 22 and 23, 1997, December 11, 1997, and March 3, 1998, group meetings were held with Statewide representatives from the State Interagency Coordinating Council, parents, early intervention consultant organizations, provider organizations, legislative staff and the county mental health and mental retardation program offices. The meetings were convened to give briefings on the scope of the new chapter and to obtain input on major issues of particular concern to the different individuals and organizations represented. These meetings were referred to as stakeholder meetings.
The first in the series of meetings with stakeholders was convened on September 22 and 23, 1997. Prior to this meeting, invited participants were sent a preliminary draft of the proposed amendments. They were asked to review the document, submit written comments and attend the meeting prepared to make suggestions to improve the proposed amendments. Approximately 55 people were invited to attend the meeting.
Based on group recommendations, the proposed amendments were revised and sent back to the stakeholder group for written comments. Written comments were considered and further regulatory revisions were drafted prior to the December 11, 1997, meeting. Based on group recommendations again, all parties at the stakeholder meeting held on December 11, 1997, agreed to parallel Federal language from Federal Part C of IDEA where possible in drafting the proposed amendments to early intervention.
Written comments were again considered, and further revisions were drafted prior to the stakeholder meeting held on March 3, 1998, and prior to submission of this document as proposed rulemaking.
Scope
These proposed amendments are intended to apply to the legal entities administering early intervention services. The proposed amendments will direct legal entities to develop and implement a Statewide family-centered, comprehensive, coordinated, multidisciplinary, interagency system that provides early intervention services for infants and toddlers with disabilities and their families. The legal entities will administer approximately 260 early intervention service providers to provide consistent early intervention services.
Format
Chapter 4226 regulations are written to be applied to the legal entities that administer early intervention services. In addition to the general provisions and the Definition sections, the proposed chapter is divided into sections that fall under six additional headings.
The Financial Administration heading contains §§ 4226.11--4226.15 that explain how the money is allocated and how the financial obligations are mandated. The General Requirements heading contains §§ 4226.21--4226.43 that detail the eligibility process, screening process and the training process. The Personnel heading contains §§ 4226.51--4226.57 that explains staffing requirements and qualifications.
The Evaluation and Assessment heading contains §§ 4226.61--4226.63 that details how the initial evaluation should be coordinated with the child's family. The Individualized Family Service Plans (IFSPs) heading contains §§ 4226.71--4226.75 that details procedures for the IFSP development, review and evaluation. The last heading, Procedural Safeguards, contains §§ 4226.91--4226.105 that explain hearings, appeals, mediations and parental rights. The Procedural Safeguards were in effect since 1983 and the Department is proposing to incorporate the safeguards into the proposed rulemaking.
Need for Proposal
The General Assembly directed, in section 302(a) of the act, that the Department develop regulations to comply with the act and the Individuals with Disabilities Education Act, as amended by the Individuals with Disabilities Education Act Amendments of 1997, 20 U.S.C.A. §§ 1431--1445. Specifically, the Department was authorized to develop regulations to govern the methods for locating and identifying eligible children; criteria for eligible programs; contracting guidelines; personnel qualifications and a system of preservice and inservice training; early intervention services; procedural safeguards; appropriate placement, including the least restrictive environment; a system of quality assurance, including evaluation of the developmental appropriateness; quality and effectiveness of programs; assurance of compliance with the program standards; and provisions of assistance to assure compliance; data collection and confidentiality; interagency cooperation at the State and local level through the State interagency agreement and local interagency agreements; content and development of IFSPs; and any other issues which are required under the act and Part H and Part C.
In addition, the Legislative Budget and Finance Committee (LBFC) under the authority of House Resolution 354 recommended the Department should promulgate program regulations as required by the act. The LBFC determined the early intervention program would benefit from the structure that program regulations provide and would also promote standardization of practices and procedures among counties.
Financial Management §§ 4226.11--4226.15 (relating to financial management)
The proposed financial management section on financial administration of early intervention services applies Chapter 4300 (relating to county mental health and mental retardation fiscal manual), to the legal entities to identify allowable costs and the responsibility to access all private and public funding sources.
The section explains why legal entities are responsible for administering all early intervention services, whether or not the services are eligible under Medicaid waiver.
General Requirements § 4226.21 (relating to delegation of responsibilities)
This section allows a legal entity to contract with another agency to execute necessary requirements of this chapter. Although a legal entity possibly will contract with another agency to deliver early intervention services, the legal entity retains responsibility for assuring compliance with the program.
§ 4226.22 (relating to eligibility for early intervention services)
The criteria and standards by which legal entities shall measure early intervention services eligibility for all eligible children are defined in this section.
§ 4226.23 (relating to waiver eligibility)
This section of the regulations relate to the Medicaid waiver for the infants, toddlers and families reflects responsibilities for administration of services funded under this waiver.
The Medicaid waiver is established under section 1915(c) of the Social Security Act. Waiver funded services have been available to provide services for individuals with mental retardation, since 1983. The Medicaid waiver for infants, toddlers and families is approved for a 3 year period from July 1, 1998, to June 30, 2001, and may be renewed for additional 5 year periods based on the approval of the Secretary of the Department of Health and Human Services.
Proposed waiver regulatory provisions mirror county responsibilities that have already been established by a Department under Mental Retardation Bulletin 00-98-05, titled: Supplemental Grant Agreement for the infants, toddlers and families waiver, issued May 7, 1998. County MH/MR Program offices are required to sign this agreement as agents of the Commonwealth to assure Federal requirements are being met.
Regulations for administration of the waiver include provisions dealing with fiscal administration, eligibility, provider enrollment, freedom of choice safeguards, service management, and maintenance of state assurances required by the Federal Health Care Financing Administration. The regulations will establish requirements for independent multidisciplinary team evaluations; implementation of family-centered principles, and monitoring of cost and utilization of services. The legal entities would be responsible to administer services funded under this waiver in accordance with these proposed amendments.
§ 4226.24 (relating to comprehensive child find system)
Available services are directed to be coordinated by the legal entity to allow eligible children within a defined geographical location the opportunity to receive all eligible early intervention services and supports. This pro-posed section requires a legal entity to develop an effective method to locate all eligible infants and toddlers and deliver the needed early intervention services. Legal entities must coordinate this child find system with the local interagency coordinating council and all other appropriate programs.
§§ 4226.25--4226.32 (relating to screening and tracking)
These sections detail the processes of initial screening of children who may be eligible for early intervention services. They describe and provide information concerning how eligibility is determined and when the multidisciplinary evaluations (MDE) team makes recommendations for further evaluations.
These sections define procedures to perform the screening as well as providing how information shall be shared in writing with the families. This information concerns the developmental status of their infants or toddlers and the supports and services that will be available to address the individualized needs of each child and family, based on the priorities and resources identified by the family.
The criteria for an at-risk child is defined here as stated in the act, and the legal entity is directed to develop a tracking system for at-risk children.
§ 4226.33 (relating to legal entity monitoring responsibilities)
This section requires a legal entity to monitor its early intervention service providers. The legal entity is required to monitor all early intervention services that occur within a defined geographical location, or any services that are contracted to an agency outside its defined geographical location. The legal entity is required to monitor each early intervention service provider at least once every 12 months.
§ 4226.34 (relating to community evaluations)
The regulations will require at least once in every 3 years, the legal entity to conduct an early intervention self-assessment review to ensure that all early intervention services are accomplishing their desired program goals and to ensure family satisfaction is occurring.
The Department will continue to develop the assessment process and provide training to the legal entities. During the past 5 years, the Department was paying an outside entity to develop and pilot an assessment instrument, based on Federal and State statute and Department policy bulletins. The Department has been using a formalized monitoring instrument for 3 years. The assessment process and the instrument for self-assessment are based on family-centered principles and other best practices.
§§ 4226.35--4226.37 (relating to training; preservice training; and annual training)
All professional and para-professional personnel providing early intervention services will be required to have preservice training as outlined in the regulations prior to working with family and children.
The Department will determine how many hours of training early intervention staff will receive on an annual basis. At least 24 hours of training on an annual basis seems to be the most appropriate. This training is required to be in early childhood developmental and health areas.
§ 4226.38 (relating to criminal history record check)
This section is proposed to ensure that the legal entities comply with, and monitor the Child Protective Services Law, 23 Pa.C.S. §§ 6301--6384 (Act 33). Although all legal entities and all early intervention service agencies must already comply with Act 33, a section in the proposed Early Intervention regulations will reinforce to all staff persons what is required in Act 33.
§ 4226.41 (relating to traditionally underserved groups)
To ensure that all proposed populations within a defined geographical location are equally involved in the planning and implementation of early intervention services, this section is intended to allow families access to culturally competent services.
§§ 4226.42 (relating to local interagency coordinating council)
When the act was enacted, the Department was directed to establish and maintain local interagency coordinating councils for defined geographic areas. This council is required by the Education of the Handicapped Act Amendments of 1986 (P. L. No. 99-457, 100 Stat. 1145).
This section directs the legal entity to ensure the local interagency coordinating councils are established, and to whom membership is to be limited. This section clarifies the powers and duties of the local council and establishes its authorization in the advisement and comments on the development of local interagency agreements. This section directs the local interagency coordinating council with whom it shall communicate regarding local interagency agreements.
Personnel §§ 4226.51--4226.57 (relating to personnel)
The personnel sections define and outline specific qualifications and activities required of services coordinators and the early interventionists who perform early intervention services within each legal entity. A grandfather clause is included in the personnel qualifications for hiring and promoting before the effective date of these regulations.
The Department reviewed the literature regarding personnel qualifications and considered other regulations that are being applied to similar services. The Department determined that early interventionists and service coordinators do not have state-required certification, licensure or registration. The qualifications and activities outlined in these regulations are comparable with similar services in other regulations.
Evaluation and Assessment §§ 4226.61--4226.63 (relating to evaluation and assessment)
These proposed sections require evaluation and assessment to determine initial and ongoing eligibility for early intervention services. Evaluation and assessment provides information for IFSP. These sections propose to mandate parental consent and nondiscriminatory practices.
IFSP §§ 4226.71--4226.75 (relating to IFSP)
The outcome of evaluation and assessment is a written plan using information obtained during the evaluation and assessment process. The IFSP is a detailed description of services and supports, which will be provided to an infant or toddler and family, for a maximum period of 12 months with a review process every 6 months or less.
Federal Part C of IDEA specifies that the family is required to be involved in the planning, development, review and evaluation of the IFSP.
These sections detail the IFSP, which must be completed for each eligible child. Guidelines for the development, review, evaluation and content of the IFSP are detailed; when and where an IFSP meeting will be conducted is detailed; participants to be included in IFSP meetings and reviews are listed; and the steps for transition from early intervention are explained.
Procedural Safeguards §§ 4226.91--4226.105 (relating to conflict resolution procedures and parental rights)
In these sections of the proposed amendments, the Department outlines procedures, parental rights and child status within a program during review and resolution of individual complaints.
These sections define the provisions of the procedural safeguards system for infants, toddlers and their families. The sections specify the legal entities' responsibilities relative to the actual processing of requests from families and the requirements that must be met to assist the families in understanding their rights regarding consent, native language, personally identifiable information and the parent's rights to examine records or to decline services.
Federal Part C of the 1997 amendments to IDEA specify that mediation between the legal entity and families is required for all issues concerning the early intervention services each child is receiving. This section requires the legal entity to ensure that procedures are adopted to allow the mediation process to occur.
This section outlines policies and procedures available to families, on a voluntary basis, for resolution of disputes through an independent mediation process.
§ 4226.105 (relating to surrogate parents)
This section will establish the procedures a legal entity must adopt to ensure the rights of eligible children when appointing surrogate parents.
Also in this section, the qualifications and rights of surrogate parents and foster parents will be established.
Summary of Fiscal Note
In drafting proposed Chapter 4226, consideration was given to the effect the regulations will have on the cost of providing early intervention services. These regulations incorporate requirements already imposed under the act, Part C of the IDEA, and accompanying regulations, and the infants, toddlers and families Medicaid waiver approved by the Health Care Financing Administration, all of which are currently in place. Therefore, no additional cost or savings is anticipated.
Paper Requirements
There are no additional paperwork requirements for these proposed amendments.
Effective Date
The final-form regulations will take effect upon publication as final rulemaking in the Pennsylvania Bulletin.
Sunset Date
No sunset date has been established for these proposed amendments.
Public Hearings
The Department will hold public hearings as follows:
Western Region
July 17, 2000
Western Instructional Support Center
5347 William Flynn Highway, Route 8
Gibsonia, PA 15044
10 a.m.--1 p.m.
Central Region
July 24, 2000
Central Instructional Support Center
6340 Flank Drive, Suite 600
Harrisburg, PA 17112
10 a.m.--1 p.m.
Southeast Region
July 25, 2000
Eastern Instructional Support Center
200 Anderson Road
King of Prussia, PA 19406
10 a.m.--1 p.m.Requests to provide verbal comments are to be addressed to:
Mary Puskarich Tom Harfman Western Region OMR Northeast Region OMR 1403 State Office Building 315 State Office Building 300 Liberty Avenue 100 Lackawanna Avenue Pittsburgh, PA 15222 Scranton, PA 18503 (412) 565-5144 (570) 963-4391 Vicki Stillman-Toomey Paul Hindman Southeast Region OMR Central Region OMR 306 State Office Building Room 430 Willow Oak Building 1400 Spring Garden Street P. O. Box 2675 Philadelphia, PA 19130 Harrisburg, PA 17105-2675 (215) 560-2247 (717) 772-6507 Individuals wishing to comment at the public forums are requested to limit their comments to 5 minutes. Three copies of written comments are also requested to be provided.
Public Comment Period
Interested parties are invited to submit written comments, suggestions or objections regarding the proposed amendments to the Department of Public Welfare, Mel Knowlton, P. O. Box 2675, Harrisburg, PA 17105-2675, (717) 783-5764, fax (717) 787-6583 within 60-calendar days after the date of publication in the Pennsylvania Bulletin. All comments received within 60-calendar days will be reviewed and considered in the preparation of the final-form regulations. Comments received after the 60-day comment period will be considered for subsequent revisions of these proposed amendments.
Regulatory Review Act
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)) on May 23, 2000, the Department submitted a copy of these proposed amendments to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House Committee on Aging and Youth and the Senate Committee on Public Health and Welfare. In addition to submitting the proposed amendments, the Department has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the Department in compliance with Executive Order 1996-1, ''Regulatory Review and Promulgation.'' A copy of this material is available to the public upon request.
Under section 5(g) of The Regulatory Review Act, if IRRC has objections to any portion of the proposed amendments, it will notify the Department within 10 days of the close of the Committees' review period. The notification shall specify the regulatory review criteria, which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the amendments of objections raised by the Department, the General Assembly and the Governor.
FEATHER O. HOUSTOUN,
SecretaryFiscal Note: 14-452. No fiscal impact; (8) recommends adoption.
Annex A TITLE 55. PUBLIC WELFARE PART VI. MENTAL HEALTH AND MENTAL RETARDATION MANUAL Subpart C. ADMINISTRATION AND FISCAL MANAGEMENT (Editor's Note: As part of this rulemaking, the Department is proposing to delete the text of Chapter 4225, which appears at 55 Pa. Code pages 4225-1--4225-27, serial pages (247755)--(247786). The following Chapter 4226 is new. It has been printed in regular type to enhance readability.)
§§ 4225.1--4225.4. (Reserved).
§§ 4225.11--4225.15. (Reserved).
§§ 4225.21--4225.50. (Reserved).
§§ 4225.61--4225.64. (Reserved).
§§ 4225.71--4225.82. (Reserved).
§§ 4225.91--4225.99. (Reserved).
§§ 4225.101--4225.106. (Reserved).
CHAPTER 4226. EARLY INTERVENTION SERVICES GENERAL PROVISIONS 4226.1. Introduction. 4226.2. Purpose. 4226.3. Applicability. 4226.4. Legal authority. 4226.5. Noncompliance. 4226.6. Definitions. FINANCIAL MANAGEMENT 4226.11. Financial administration. 4226.12. Waiver funds. 4226.13. Nonsubstitution of funds. 4426.14. Documentation of other funding sources. 4226.15. Interim payments. GENERAL REQUIREMENTS 4226.21. Delegation of responsibilities. 4226.22. Eligibility for early intervention services. 4226.23. Waiver eligibility. 4226.24. Comprehensive child find system. 4226.25. Initial screening. 4226.26. Purpose of initial screening. 4226.27. Content of screening. 4226.28. Recommendation to parents. 4226.29 Notice of parent. 4226.30. At-risk children. 4226.31. Tracking system. 4226.32. Contacting families. 4226.33. Monitoring responsibilities. 4226.34. Community evaluations. 4226.35. Training. 4226.36. Preservice training. 4226.37. Annual training. 4226.38. Criminal history records check. 4226.39. Penalties for noncompliance. 4226.40. Reporting. 4226.41. Traditionally underserved groups. 4226.42. Local interagency coordinating council. 4226.43. Confidentiality of information. PERSONNEL 4226.51. Service coordination. 4226.52. Provision of service coordination. 4226.53. Activities. 4226.54. Requirements and qualifications. 4226.55. Early interventionist. 4226.56. Requirements and qualifications. 4226.57. Effective date of personnel qualifications. EVALUATION AND ASSESSMENT 4226.61. Parental consent. 4226.62. MDE. 4226.63. Nondiscriminatory procedures. IFSPs 4226.71. General. 4226.72. Procedures for IFSP development, review and evaluation. 4226.73. Participants in IFSP meetings and periodic reviews. 4226.74. Content of an IFSP. 4226.75. Provision of services before evaluation and assessment are completed. PROCEDURAL SAFEGUARDS 4226.91. General responsibility of legal entity program for procedural safeguards. 4226.92. Notice of rights. 4226.93. Conflict resolution. 4226.94. Mediation. 4226.95. Consent and native language information. 4226.96. Opportunity to examine records. 4226.97. Prior notice; native language. 4226.98. Parent consent. 4226.99. Parental right to decline service. 4226.100. Administrative resolution of individual child complaints by an impartial decisionmaker. 4226.101. Parent rights in administrative hearings. 4226.102. Impartial hearing officer. 4226.103. Convenience of proceedings; timeliness. 4226.104. Status of a child during proceedings. 4226.105. Surrogate parents. GENERAL PROVISIONS § 4226.1. Introduction.
(a) Early intervention services and supports are provided to families and eligible children under 3 years of age maximize the child's developmental potential. Early intervention services for an infant and toddler are provided in conformity with an IFSP.
(b) Early intervention services are founded on a partnership between families and early intervention personnel which is focused on the unique needs of the child and the concerns and priorities of each family and builds on family and community resources.
§ 4226.2. Purpose.
This chapter establishes required procedures and standards for the early intervention program.
§ 4226.3. Applicability.
This chapter applies to a legal entity providing early intervention services.
§ 4226.4. Noncompliance.
The failure of a public legal entity to comply with this chapter so that needs of children eligible under this chapter are not being adequately met, shall subject the public legal entity to penalties consistent with section 512 of the Mental Health and Mental Retardation Act of 1966 (50 P. S. § 4512).
§ 4226.5. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Appropriate professional requirements--Entry level requirements that:
(i) Are based on the highest requirements in the profession or discipline in which a person is providing early intervention services to enable the individual to obtain licensure, certification or registration in the profession.
(ii) Establish suitable qualifications for personnel providing early intervention services under this part to eligible children and their families who are served by public and private agencies.
Assessment--The ongoing procedures used throughout the period of a child's eligibility under this part to identify the following:
(i) The child's unique strengths and needs and the services appropriate to meet those needs.
(ii) The resources, priorities and concerns of the family and the identification of supports and services necessary to enhance the family's capacity to meet the developmental needs of its infant or toddler with a disability.
Assistive technology device--An item, piece of equipment or product system, whether acquired commercially off the shelf, modified or customized, that is used to increase, maintain or improve the functional capabilities of children with disabilities.
Assistive technology service--A service that directly assists a child with a disability in the selection, acquisition or use of an assistive technology device. The term includes:
(i) The evaluation of the needs of a child with a disability, including a functional evaluation of the child in the child's customary environment.
(ii) Purchasing, leasing or otherwise providing for the acquisition of assistive technology devices by children with disabilities.
(iii) Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing or replacing assistive technology devices.
(iv) Coordinating and using other therapies, interventions or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs.
(v) Training or technical assistance for a child with disabilities or, if appropriate, that child's family.
(vi) Training or technical assistance for professionals (including individuals providing early intervention services) or other individuals who provide services to or are otherwise substantially involved in the major life functions of individuals with disabilities.
At risk infant or toddler--An individual under 3 years of age eligible for screening and tracking as defined by the Early Intervention Systems Services Act (11 P. S. §§ 875-101--875-503).
Audiology services--Includes the following:
(i) Identification of children with auditory impairment, using audiologic screening techniques.
(ii) Determination of the range, nature and degree of hearing loss and communication functions, by use of audiological evaluation procedures.
(iii) Referral for medical and other services necessary for the habilitation or rehabilitation of children with auditory impairment.
(iv) Provision of auditory training, aural rehabilitation, speech reading and listening device orientation and training, and other services.
(v) Provision of services for prevention of hearing loss.
(vi) Determination of the child's need for individual amplification, including selecting, fitting, and dispensing appropriate listening and vibrotactile devices, and evaluating the effectiveness of those devices.
Child--An individual under 3 years of age who has been determined eligible for services under this chapter.
County MH/MR program (legal entity)--A MH/MR program established by a county or two or more counties acting in concert and includes a complex of services providing a continuum of care in the community for the mentally disabled.
Department--The Department of Public Welfare of the Commonwealth.
Developmental delay--The extent or type of developmental delay that a child demonstrates to be eligible for early intervention services.
Early intervention program--The development, management and administration of the delivery of services in a geographic location that is directed toward meeting the developmental needs of children and their families eligible under this chapter.
Early intervention services--Developmental services that are:
(i) Provided under public supervision.
(ii) Provided at no cost to families.
(iii) Designed to meet the developmental needs of an infant or toddler with a disability in any one or more of the following areas:
(A) Physical development.
(B) Cognitive development.
(C) Communication development.
(D) Social or emotional development.
(E) Adaptive development.
(iv) Meeting the requirements of this chapter.
(v) Including the following:
(A) Family training, counseling and home visits.
(B) Special instruction.
(C) Speech-language pathology and audiology services.
(D) Occupational therapy.
(E) Physical therapy.
(F) Psychological services.
(G) Service coordination services.
(H) Medical services only for diagnostic or evaluation purposes.
(I) Early identification, screening and assessment services.
(J) Health services necessary to enable the infant or toddler to benefit from the other early intervention services.
(K) Social work services.
(L) Vision services.
(M) Assistive technology devices and assistive technology services.
(N) Transportation and related costs that are necessary to enable an infant or toddler and the infant's or toddler's family to receive another service described in this paragraph.
(vi) Provided by qualified personnel, including at a minimum, the following:
(A) Special educators.
(B) Speech-language pathologists and audiologists.
(C) Occupational therapists.
(D) Physical therapists.
(E) Psychologists.
(F) Social workers.
(G) Nurses.
(H) Nutritionists.
(I) Family therapists.
(J) Orientation and mobility specialists.
(K) Pediatricians and other physicians.
(L) Early interventionists.
(M) Service coordinators.
Evaluation--Procedures used to determine a child's initial and continuing eligibility under this chapter, consistent with the definition of ''infants and toddlers with disabilities'' including determining the status of the child in each of the developmental areas.
Family training, counseling and home visits--Services provided by social workers, psychologists and other qualified personnel to assist the family of a child eligible under this chapter in understanding the special needs of the child and enhancing the child's development.
Health services--
(i) Services necessary to enable a child to benefit from the other early intervention services during a time that the child is receiving medical intervention. The term includes the following:
(A) Clean intermittent catheterization, tracheostomy care, tube feeding, the changing of dressings or colostomy collection bags.
(B) Consultation by physicians with other service providers concerning the special health care needs of an eligible child that will need to be addressed in the course of providing other early intervention services.
(ii) The term does not include the services that are:
(A) Surgical in nature (such as cleft palate surgery, surgery for club foot or the shunting of hydrocephalus).
(B) Purely medical in nature (such as hospitalization for management of congenital heart ailments, or the prescribing of medicine or drugs for any purpose).
(C) Devices necessary to control or treat a medical condition.
(D) Medical-health services (such as immunizations and regular ''well-baby'' care) that are routinely recommended for all children.
IFSP--Individualized family service plan--A written plan for providing early intervention services to a child eligible under this chapter and the child's family.
Infant and toddler with disabilities--An individual under 3 years of age who needs early intervention because the individual meets one of the following conditions:
(i) Is experiencing developmental delays in one or more of the areas of cognitive development, physical development, communication development, social or emotional development, and adaptive development.
(ii) Has a diagnosed physical or mental condition which has a high probability of resulting in developmental delay.
Legal entity--A public or private entity responsible for administering the early intervention program in a defined geographical location.
Location--The actual place where a service will be provided.
MDE--Multidisciplinary evaluation.
Method--How a service is provided including whether the service is given directly to the child with family/child care participation or without family/child care participation, or if the service is provided as instruction to the family or caregiver.
Multidisciplinary--The involvement of two or more disciplines or professions in the provision of integrated and coordinated services, including evaluation and assessment activities and development of the IFSP.
Native language--The language or mode of communication normally used by the parent of an eligible child. If the parent is deaf or blind, or has no written language, the mode of communication shall be that normally used by the parent (such as sign language, braille or oral communication). The written information is translated orally or by other means to the parent in the parent's native language or other mode of communication.
Natural environments--Settings that are natural or normal for the child's age peers who have no disabilities.
Nursing services--Include:
(i) The assessment of health status for the purpose of providing nursing care, including the identification of patterns of human response to actual or potential health problems.
(ii) Provision of nursing care to prevent health problems, restore or improve functioning, and promote optimal health and development.
(iii) Administration of medications, treatments and regimens prescribed by a licensed physician.
Nutrition services--Include:
(i) Conducting individual assessments in the following:
(A) Nutritional history and dietary intake.
(B) Anthropometric, biochemical and clinical variables.
(C) Feeding skills and feeding problems.
(D) Food habits and food preferences.
(ii) Developing and monitoring appropriate plans to address the nutritional needs of children eligible under this chapter, based on the findings in subparagraph (i).
(iii) Making referrals to appropriate community resources to carry out nutrition goal.
Occupational therapy--An array of services to address the functional needs of a child related to adaptive development, adaptive behavior and play, and sensory, motor and postural development, which are designed to improve the child's functional ability to perform tasks in home, school and community settings, and includes the following:
(i) Identification, assessment and intervention.
(ii) Adaptation of the environment, and selection, design, and fabrication of assistive and orthotic devices to facilitate development and promote the acquisition of functional skills.
(iii) Prevention or minimization of the impact of initial or future impairment, delay in development or loss of functional ability.
Parent--A natural or adoptive parent, a guardian, a person acting as a parent of a child or a surrogate parent who has been appointed under § 4226.105 (relating to surrogate parents). The term does not include the county agency.
Personally identifiable information--Information that would make it possible to identify a particular child or family including one or more of the following:
(i) The name of the child, the child's parent or other family member.
(ii) The address of the child or family.
(iii) A personal identifier, such as the child's or parent's Social Security number.
(iv) A list of personal characteristics or other information that would make it possible to identify the child with reasonable certainty.
Physical therapy--An array of services to address the promotion of sensory/motor function through enhancement of musculoskeletal status, neurobehavioral organization, perceptual and motor development, cardiopulmonary status, and effective environmental adaptation, and includes:
(i) Screening, evaluation and assessment of infants and toddlers to identify movement dysfunction.
(ii) Obtaining, interpreting and integrating information appropriate to program planning to prevent, alleviate or compensate for movement dysfunction and related functional problems.
(iii) Providing individual and group services or treatment to prevent, alleviate or compensate for movement dysfunction and related functional problems.
Psychological services--Includes:
(i) Administering psychological and developmental tests and other assessment procedures.
(ii) Interpreting assessment results.
(iii) Obtaining, integrating and interpreting information about child behavior, and child and family conditions related to learning, mental health, and development.
(iv) Planning and managing a program of psychological services, including psychological counseling for children and parents, family counseling, consultation on child development, parent training and education programs.
Qualified--Meeting State-approved or recognized certification, licensing, registration or other comparable requirements that apply to the area in which the person is providing early intervention services.
Service coordination (case management)--The activities carried out by a service coordinator to assist and enable an eligible child and the child's family to receive the rights, procedural safeguards and services that are authorized to be provided under the early intervention program.
Special instruction--Includes:
(i) The design of learning environments and activities that promote the child's acquisition of skills in a variety of developmental areas, including cognitive processes and social interaction.
(ii) Curriculum planning, including the planned interaction of personnel, materials and time and space, that leads to achieving the outcomes in the child's individualized family service plan.
(iii) Providing families with information, skills and support related to enhancing the skill development of the child.
(iv) Working with the child to enhance the child's development.
Speech-language pathology--Includes:
(i) Identification of children with communicative or oropharyngeal disorders and delays in development of communication skills, including the diagnosis and appraisal of specific disorders and delays in those skills.
(ii) Referral for medical or other professional services necessary for the habilitation or rehabilitation of children with communicative or oropharyngeal disorders and delays in development of communication skills.
(iii) Provision of services for the habilitation, rehabilitation or prevention of communicative or oropharyngeal disorders and delays in development of communication skills.
Transportation and related costs--Includes the cost of travel (for example--mileage, or travel by taxi, common carrier, or other means) and other costs (for example--tolls and parking expenses) that are necessary to enable a child eligible under this part and the child's family to receive early intervention services.
Vision services--Includes:
(i) Evaluation and assessment of visual functioning, including the diagnosis and appraisal of specific visual disorders, delays and abilities.
(ii) Referral for medical or other professional services necessary for the habilitation or rehabilitation of visual functioning disorders, or both.
(iii) Communication skills training, orientation and mobility training for all environments, visual training, independent living skills training and additional training necessary to activate visual motor abilities.
FINANCIAL MANAGEMENT § 4226.11. Financial administration.
Chapter 4300 (relating to county mental health and mental retardation fiscal manual) applies to the County Mental Health and Mental Retardation Program legal entity for purposes of identifying allowable costs and for the general financial administration of early intervention services.
§ 4226.12. Waiver funds.
The legal entity shall allocate and expend supplemental grant funds for the provision of services for infants, toddlers and families under the home and community waiver known as the Infant, Toddlers and Families Medicaid Waiver approved by the Department of Health and Human Services under section 1915(c) of the Social Security Act (42 U.S.C.A. § 1396n(c)).
§ 4226.13. Nonsubstitution of funds.
(a) Early intervention State funds may not be used to satisfy a financial commitment for services that would have been paid for from another public or private funding sources. A legal entity is responsible for providing all of the early intervention services in the child's IFSP whether or not those services are eligible under the Medicaid program.
(b) Parents who have private insurance are not required to use their insurance. The parents may volunteer to use their insurance. Parents will not suffer financial losses, which include one or more of the following:
(1) A decrease in available lifetime coverage or any other benefit under an insurance policy.
(2) An increase in premiums or the discontinuation of the policy.
(3) An out-of-pocket expense such as the payment of a deductible amount in filing a claim.
§ 4226.14. Documentation of other funding sources.
(a) Written documentation that all other private and public funding sources available to the child and family have been accessed and exhausted shall be kept with the child and family's permanent legal entity's file.
(b) Written procedures used by the legal entity, and approved by the Department, to identify and access all other private and public funding sources shall be kept.
§ 4226.15. Interim payments.
(a) When necessary to prevent a delay in the receipt of early intervention services by an infant, toddler or family in a timely fashion, early intervention State funds shall be used to pay the provider of services pending reimbursement from the agency or funding source that has ultimate responsibility for the payment.
(b) The legal entity shall seek reimbursement from the appropriate funding source to cover the interim payments incurred for early intervention services.
GENERAL REQUIREMENTS § 4226.21. Delegation of responsibilities.
The legal entity shall comply with this chapter. The legal entity may contract with another agency for delivery of services that are required in this chapter. The legal entity shall ensure compliance by all agencies providing services under the requirements of this chapter.
§ 4226.22. Eligibility for early intervention services.
(a) The legal entity shall ensure that early intervention services are provided to all eligible children who meet one or more of the following eligibility criteria:
(1) The child is experiencing a developmental delay, as measured by appropriate diagnostic instruments and procedures indicating that the child is delayed by 25% of the child's chronological age in one or more developmental areas:
(i) Cognitive development.
(ii) Physical development, including vision and hearing.
(iii) Communication development.
(iv) Social or emotional development.
(v) Adaptive development.
(2) The child is delayed in one or more of the developmental areas: cognitive development; physical development, including vision and hearing; communication development; social or emotional development; or adaptive development. Delay in developmental areas shall be documented by the test performance of 1.5 standard deviations below the mean on accepted or recognized standard tests for infants and toddlers.
(3) The child has a diagnosed physical or mental condition which has a high probability of resulting in a developmental delay as specified in paragraph (1). A child who is determined by a multidisciplinary team as having an identifiable physical or mental condition, but who is not exhibiting delays in a developmental area at the time of diagnosis, is included as a child with a high probability of resulting in developmental delay.
(b) Informed clinical opinion may be used when there are no standardized measures or the standardized procedures are not appropriate for a child's chronological age or developmental area. Informed clinical opinion makes use of qualitative and quantitative information to assist in forming a determination regarding difficult-to-measure aspects of current developmental status and the potential need for early intervention.
§ 4226.23. Waiver eligibility.
(a) The legal entity shall ensure that infants and toddlers until the age of 3 are eligible for level of care in accordance with the criteria for an ICF/MR or ICF/ORC as follows:
(1) A licensed psychologist, certified school psychologist or a licensed physician shall certify that the applicant or recipient has significantly subaverage intellectual functioning which is documented by one of the following:
(i) Performance that is more than two standard deviations below the mean as measurable on a standardized general intelligence test.
(ii) Performance that is slightly higher than two standard deviations below the mean of a standardized general intelligence test during a period when the person manifests serious impairments or adaptive behavior.
(2) A professional shall certify that the applicant or recipient has other related conditions that include cerebral palsy and epilepsy, as well as other conditions--such as autism-- other than mental illness--that result in impairments of general intellectual functioning or adaptive behavior, and require early intervention services and treatment.
(3) A professional certifies that the applicant or recipient has impairments in adaptive behavior as provided by an assessment of adaptive functioning which shows that the applicant or recipient has one of the following:
(i) Significant limitations in meeting the standards of maturation, learning, personal independence or social responsibility of the applicant's or recipient's age and cultural group evidenced by a minimum of a 50% delay in one or 33% delay in two of the following developmental areas:
(A) Cognitive development.
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[Continued from previous Web Page] (B) Physical development, including vision and hearing.
(C) Communication development.
(D) Social and emotional development.
(E) Adaptive development.
(ii) Substantial functional limitation in three or more of the following areas of major life activities:
(A) Self-care.
(B) Receptive and expressive language.
(C) Learning.
(D) Mobility.
(E) Self-direction.
(F) Capacity for independent living.
(G) Economic self-sufficiency.
(iii) The applicant's or recipient's conditions are likely to continue indefinitely for at least 12 months.
(b) The legal entity shall cooperate with the county assistance office in determining an infant, toddler and family's initial and continuing financial eligibility for waiver services.
§ 4226.24. Comprehensive child find system.
(a) The legal entity shall develop a child find system that will ensure that:
(1) All infants and toddlers in the geographical area of the legal entity who are eligible for services under this chapter are identified, located and evaluated.
(2) An effective method is developed and implemented to determine which children are receiving needed early intervention services, and which children are not receiving those services.
(b) The legal entity, with the assistance of the local interagency coordinating council, shall ensure that the child find system is coordinated with all other major efforts to locate and identify children which includes the following:
(1) The local preschool program authorized under Part B of the Individuals with Disabilities Education Act (IDEA) (20 U.S.C.A. §§ 1400--1485).
(2) The Maternal and Child Health Programs under Title V of the Social Security Act (42 U.S.C.A. §§ 601--701).
(3) The Early Periodic Screening, Diagnosis and Treatment (EPSDT) Programs under Title XIX of the Social Security Act (42 U.S.C.A. §§ 1396--1396v).
(4) The Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C.A. §§ 6000--6083).
(5) The Head Start Act (42 U.S.C.A. §§ 9831--9852).
(6) The Supplemental Security Income Programs under Title XVI of the Social Security Act (42 U.S.C.A. §§ 1381--1383f).
(c) The legal entity, with the assistance of the local interagency coordinating council, shall take steps to ensure that under the child find system:
(1) There will not be unnecessary duplication of effort by the various agencies involved in the local child find system.
(2) The legal entity will coordinate and make use of resources available through the local public agencies to implement the child find system in an effective manner.
(d) The child find system shall include procedures for use by primary referral sources for referring a child to the legal entity as follows:
(1) Evaluation and assessment, in accordance with §§ 4226.62 and 4226.63 (relating to MDE; and nondiscriminatory procedures).
(2) As appropriate, the provision of services, in accordance with § 4226.72(a) or § 4226.75 (relating to procedures for IFSP development, review and evaluation; and provision of services before evaluation and assessment are completed).
(e) The procedures required in subsection (b):
(1) Provide for an effective method of making referrals by primary referral sources.
(2) Ensure that referrals are made no more than 2 working days after a child has been identified.
(3) Provide referral sources under subsection (d), which includes the following:
(i) Hospitals, including prenatal and postnatal care facilities.
(ii) Physicians.
(iii) Parents.
(iv) Day care programs.
(v) Local educational agencies.
(vi) Public health facilities.
(vii) Other social service agencies.
(viii) Other health care providers.
(f) Timelines to act on referrals are as follows:
(1) Once the legal entity receives a referral, it shall appoint a service coordinator as soon as possible.
(2) Within 45 days after it receives a referral, the legal entity shall do one of the following:
(i) Complete the evaluation activities in § 4226.62.
(ii) Hold an IFSP meeting, in accordance with § 4226.72.
(iii) Develop a plan for further assessment and tracking.
§ 4226.25. Initial screening.
(a) An initial screening shall be completed with written parental consent on each child referred to the legal entity to assist the child and family to access early intervention, to determine the existence of previous evaluations and to recommend the need for referral for an MDE to determine eligibility for early intervention.
(b) The initial screening, and the evaluation specified in § 4226.62 (relating to MDE) may be conducted simultaneously.
§ 4226.26. Purpose of initial screening.
The purpose of the initial screening shall be to determine the need for referral for an MDE to determine eligibility for early intervention services or tracking.
§ 4226.27. Content of screening.
The initial screening shall include a review of at least one of the following completed within 6 months prior to the child's referral to the legal entity and family reports of identified concerns:
(1) A review of written professional reports that are based upon systematic observation or informed clinical opinion, including reports from referring physicians, neonatal intensive care units, health care workers, a community-wide screening program or well baby clinic, early periodic screening diagnosis and treatment examination, social service departments, child protection programs, early intervention programs or any other source.
(2) Information about a child's developmental status obtained through a formalized screening process developed and conducted by the legal entity or an agency under contract with the legal entity.
§ 4226.28. Recommendations to parents.
As a result of the initial screening, the legal entity shall make one of the following recommendations to the child's parent.
(1) The child is recommended for referral to the MDE to confirm eligibility determination for early intervention, based on information contained in medical records, clinical opinion or recorded documentation and for providing information for the development of the IFSP.
(2) The child is recommended for referral to the MDE for further evaluation to determine eligibility for early intervention.
(3) The child is recommended for referral to the tracking system.
(4) The child is not eligible for early intervention or tracking services currently and the parents have been informed of their options for continued contact with the legal entity if the needs change.
§ 4226.29. Notice to parent.
The legal entity shall provide a written notice, in the native language of the parent or other mode of communication of the family, to the child's parent of the screening results as specified in § 4226.27 (relating to content of screening). If the parent is deaf or blind, or has no written language, the mode of communication shall be that normally used by the parent (such as sign language, braille or oral communication). The written information is translated orally or by other means to the parent in the parent's native language or other mode of communication.
§ 4226.30. At-risk children.
A child identified through the initial multidisciplinary evaluation is eligible for tracking if the child is identified in one of the population groups which include:
(1) Children whose birth weight is under 1,500 grams.
(2) Children cared for in neonatal intensive care units of hospitals.
(3) Children born to chemically dependent mothers and referred by a physician, health care provider or parent.
(4) Children who are seriously abused or neglected, as substantiated and referred by the county children and youth agency under 23 Pa.C.S. Chapter 63 (relating to Child Protective Services Law).
(5) Children with confirmed dangerous levels of lead poisoning as set by the Department of Health.
§ 4226.31. Tracking system.
The legal entity shall develop a tracking system to conduct or arrange for reevaluations for children identified in § 4226.30 (relating to at-risk children).
§ 4226.32. Contacting families.
(a) The legal entity shall contact families by telephone, in writing, or through a face-to-face meeting at least every 4 months after a child is referred to the tracking system, or until a parent requests no further contact by the legal entity.
(b) The contact shall offer reevaluation to determine the need and eligibility for early intervention services.
§ 4226.33. Monitoring responsibilities.
(a) The legal entity shall be responsible for monitoring early intervention services, including service coordination, for which the legal entity contracts. This includes monitoring of services provided in another county or state.
(b) Legal entity monitoring shall include the measurement and assurance of compliance with applicable sections of this chapter and of the quality of services provided.
(c) The legal entity shall complete monitoring of each early intervention service provider at least once every 12 months.
§ 4226.34. Community evaluations.
The legal entity, in consultation with the local interagency coordinating council and the legal entity advisory board, shall conduct an early intervention self-assessment review at least once in every 3 years. Family satisfaction with the program shall include:
(1) The legal entity advisory board and the local interagency coordinating council shall participate in the development and application of the community evaluation system.
(2) At least half of the persons who participate in the development and application of the community evaluation system shall be family members of children who are receiving, or have received, early intervention services.
§ 4226.35. Training.
Professional and paraprofessional personnel who serve on the interdisciplinary team or who provide direct care or service to a child shall be certified, licensed or registered, as approved by the Department of State, for the discipline that they are providing.
§ 4226.36. Preservice training.
The service coordinator, early interventionist and other early intervention personnel who work directly with the child, including personnel hired through contract, shall be trained before working with children or families in the following areas:
(1) Orientation to early intervention service system of the Commonwealth and family centered approaches, including the purpose and operation of the State and local interagency coordinating councils.
(2) The requirements of this chapter.
(3) The duties and responsibilities of their position.
(4) The methods for working with families (family centered approaches) to encourage and support family preference and involvement.
(5) The interrelated social, emotional, health, developmental and educational needs of children.
(6) The knowledge and use of available local and State community resources.
(7) The principles and methods applied in the provision of services in the natural environment.
(8) The fiscal operations of the early intervention service system, and its relationship to each individual involved and the specific funding systems.
(9) Training in fire safety, emergency evacuation, first aid techniques and child cardiopulmonary resuscitation (for all staff), as well as for the early interventionist and other personnel who work directly with the child. The date of the completion of training shall be documented by the signature of a representative of the training entity. Documentation shall be retained in the agency's personnel file. Recertification will be required on or before expiration of specific certification.
§ 4226.37. Annual training.
(a) The service coordinator, early interventionist and other personnel who work directly with the child, including personnel hired through contract, shall have at least 24 hours of training annually, relevant to early intervention services, child development, community resources or services for children with disabilities. Specific areas shall include cultural competence, mediation, procedural safeguards and universal health procedures.
(b) The training specified in § 4226.36(9) (relating to preservice training) shall be renewed annually, unless there is a formal certification for first aid or cardiopulmonary resuscitation by a recognized health source valid for more than 1 year. If there is a formal certification by a recognized health source valid for more than 1 year, the time period specified on the certification applies.
(c) Records of all training shall be kept in the agency's personnel files.
§ 4226.38. Criminal history records check.
Under 23 Pa.C.S. Chapter 63 (relating to the Child Protective Services Law) each legal entity shall ensure that all staff persons who will have direct contact with children comply with 23 Pa.C.S. Chapter 63. Compliance includes the following:
(1) The staff persons who will have direct contact with children, including part-time and temporary staff persons who will have direct contact with children, shall submit, along with their employment application, a Pennsylvania criminal history record check.
(2) The staff persons who reside outside of this Commonwealth and who will have direct contact with children, including part-time and temporary staff persons who will have direct contact with children, shall submit, along with their employment application, a Pennsylvania criminal history check and a Federal Bureau of Investigation (FBI) criminal history record check.
(3) The Pennsylvania and FBI criminal history record checks shall have been completed no more that 1 year prior to the staff person's date of hire
§ 4226.39. Penalties for noncompliance.
(a) Noncompliance with this chapter, either as a result of legal entity action or inaction, or an early intervention service provider action or inaction, shall result in loss or delay of early intervention funding to the legal entity.
(b) Appeals related to loss of early intervention funding shall be made by the legal entity in accordance with 2 Pa.C.S. §§ 501--508 and 701--704 (relating to the Administrative Agency Law).
§ 4226.40. Reporting.
(a) The legal entity shall submit reports in a form and contain information as the Department may require.
(b) The legal entity is responsible for keeping records and affording access to those records as the Department may find necessary to assure compliance with the requirements of this part, the correctness and verification of reports and the proper disbursement of funds provided under this chapter.
§ 4226.41. Traditionally underserved groups.
The legal entity shall ensure that:
(1) Traditionally underserved groups, including minority, low-income and rural families, are provided the opportunity to be active participants involved in local interagency coordinating councils and parent advisory groups. Traditionally underserved groups will also be provided the opportunity to participate in the planning, development of a plan of services for their eligible child and implementation of the services.
(2) Families have access to culturally competent services within their local geographical areas.
§ 4226.42. Local interagency coordinating council.
The legal entity shall ensure that the following conditions are met:
(1) The local interagency coordinating councils are established and maintained, which shall include parents and private providers.
(2) The local interagency coordinating councils are authorized to advise and comment on the development of local interagency agreements.
(3) The local interagency coordinating councils communicate directly with the Department of Education, the Department of Health, the Department of Public Welfare and the State Interagency Coordinating Council regarding the local interagency agreement and any other matters pertaining to this part.
§ 4226.43. Confidentiality of information.
Each legal entity shall ensure the protection of a personally identifiable information collected, used or maintained under this chapter, including the right of parents to written notice of and written consent to the exchange of this information among agencies consistent with Federal and State law.
PERSONNEL § 4226.51. Service coordination.
Service coordination shall include activities carried out by a service coordinator to meet the developmental needs of the child and the family's concerns, priorities and resources relating to enhancing the child's development.
§ 4226.52. Provision of service coordination.
(a) At the point of referral of the child and family to early intervention, the legal entity, either directly or through subcontract, shall immediately provide the services of a service coordinator to the family.
(b) Each eligible child and the child's family shall be provided with one service coordinator who is responsible for coordinating all services across agency lines, and serving as the single point of contact in helping parents to obtain the services and assistance they need.
§ 4226.53. Activities.
Service coordination is an active, ongoing process that involves the following:
(1) Coordinating the completion of initial screenings, evaluations, tracking, IFSP development and IFSP implementation.
(2) Assisting parents of eligible children in gaining access to the early intervention services and other services identified in the IFSP.
(3) Coordinating, facilitating and monitoring the timely delivery of early intervention services.
(4) Facilitating communication with and between the family and the early intervention service provider.
(5) Informing the family of the availability of advocacy services.
(6) Assisting the family in arranging for the child to receive medical and health services, if the services are necessary. Coordinating the provision of early intervention services and other services (such as medical services for other than diagnostic and evaluation purposes) that the child needs or is being provided.
(7) Offering the family opportunities and support for the child to participate in community activities with other children.
(8) Informing the family of appropriate community resources.
(9) Facilitating the development of a transition plan as part of the IFSP.
§ 4226.54. Requirements and qualifications.
(a) A minimum of one service coordinator intervention service shall be employed directly or through subcontract by the legal entity.
(b) A service coordinator is responsible for the activities specified in § 4226.53 (relating to activities).
(c) A service coordinator shall have one of the following groups of qualifications:
(1) A bachelor's degree or above from an accredited college or university and 1 years' work or volunteer experience working directly with children, families or people with disabilities, or in counseling, management or supervision.
(2) An associate's degree, or 60 credit hours, from an accredited college or university and 3 years' work or volunteer experience working directly with children, families or people with disabilities, or in counseling, management or supervision.
(3) Certification by the Civil Service Commission as meeting the qualifications of a Caseworker 2 or 3 classification.
§ 4226.55. Early interventionist.
An early interventionist is responsible for the following:
(1) Participating in the development of the child's IFSP.
(2) Implementing the child's IFSP directly or by supervising the implementation of services provided by other early intervention personnel.
(3) Working with the family to assure that the needs of the child and family are met.
(4) Completing written communication reviews and 6-month IFSP reviews in accordance with this chapter.
§ 4226.56. Requirements and qualifications.
(a) An early interventionist shall have one of the following groups of qualifications:
(1) A bachelor's degree or above from an accredited college or university and 1 year work or volunteer experience working directly with children, families or people with disabilities or in counseling.
(2) An associate's degree, or 60 credit hours, from an accredited college or university and 3 years work or volunteer experience working directly with children, families or people with disabilities or in counseling.
(b) An early interventionist shall obtain a minimum of 6 credit hours annually in the field of infant and toddler developmental services, early childhood services, or any specific areas that relate to infant and child disabilities.
§ 4226.57. Effective date of personnel qualifications.
Sections 4226.54(c) and 4226.56(a) (relating to requirements and qualifications) apply to service coordinators and early interventionist hired or promoted after _____ (Editor's Note: The blank refers to the effective date or adoption of this proposal.).
EVALUATION AND ASSESSMENT § 4226.61. Parental consent.
(a) Written consent from the child's parent shall be obtained prior to:
(1) Conducting the initial evaluation and assessment of a child under § 4226.62 (relating to MDE).
(2) Initiating the provision of early intervention services. See § 4226.72(e) (relating to procedures for IFSP development, review and evaluation).
(b) If consent is not given, the legal entity shall make reasonable efforts to ensure that the parent:
(1) Is fully aware of the nature of the evaluation and services that would be available.
(2) Understands that the child will not be able to receive the evaluation and assessment or services unless consent is given.
§ 4226.62. MDE.
(a) Requirements for MDE. The legal entity shall ensure that the following conditions are met:
(1) The performance of a timely, comprehensive, MDE of each child under 3 years of age, referred for evaluation, including assessment activities related to the child and the child's family.
(2) The initial MDE is conducted by personnel independent of service provision.
(3) The requirements of this section are implemented by all affected contracted agencies and service providers.
(b) Evaluation and assessment of the child.
(1) The evaluation and assessment of each child shall:
(i) Be conducted by personnel trained to utilize evaluation and assessment methods and procedures.
(ii) Be based on informed clinical opinion.
(iii) Include the following:
(A) A review of pertinent records related to the child's current health status and medical history.
(B) An evaluation of the child's level of functioning in each of the following developmental areas:
(I) Cognitive development.
(II) Physical development, including vision and hearing.
(III) Communication development.
(IV) Social and emotional development.
(V) Adaptive development.
(C) An assessment of the unique needs of the child in terms of each of the developmental areas in subparagraph (ii), including the identification of services appropriate to meet those needs.
(2) The annual MDE will be composed of the family, service coordinator, anyone whom the parent would like to invite and at least one other professional who meets State approved or recognized certification, licensing, registration or other comparable requirements, if applicable, in which the person is providing services.
(c) Family assessment.
(1) Family assessment shall be a family-directed assessment of the resources, priorities and concerns of the family and the identification of the supports and services necessary to enhance the family's capacity to meet the developmental needs of the infant and toddler.
(2) An assessment shall be voluntary on the part of the family.
(3) If an assessment of the family is carried out, the assessment shall:
(i) Be conducted by personnel trained to utilize assessment methods and procedures.
(ii) Be based on information provided by the family through a personal interview.
(iii) Incorporate the family's description of its resources, priorities and concerns related to enhancing the child's development.
(d) Timelines.
(1) Except as provided in paragraph (2), the evaluation and initial assessment of each child (including the family assessment) shall be completed within the 45-day time period.
(2) The legal entity shall develop procedures to ensure that in the event of exceptional circumstances that make it impossible to complete the evaluation and assessment within 45 days (for example, if a child is ill), the county will do the following:
(i) Document those circumstances.
(ii) Develop and implement an interim IFSP consistent with § 4226.75 (relating to provision of services before evaluation and assessment are completed).
§ 4226.63. Nondiscriminatory procedures.
Each legal entity shall adopt nondiscriminatory evaluation and assessment procedures. The procedures for the evaluation and assessment of children and families under this chapter shall ensure, at a minimum, that the following conditions are met:
(1) Tests and other evaluation materials and procedures are administered in the native language of the parents or other mode of communication, unless it is clearly not feasible to do so.
(2) Assessment and evaluation procedures and materials that are used are selected and administered so as not to be racially or culturally discriminatory.
(3) No single procedure is used as the sole criterion for determining a child's eligibility under this chapter.
(4) Evaluations and assessments are conducted by qualified personnel.
IFSPs § 4226.71. General.
(a) Each legal entity shall adopt policies and procedures regarding IFSPs.
(b) As used in this chapter, the term ''IFSP'' means a written plan for providing early intervention services to a child eligible under this chapter and the child's family. The plan shall:
(1) Be developed in accordance with §§ 4226.72 and 4226.73 (relating to procedures for IFSP development, review and evaluation; and participants in IFSP meetings and periodic reviews).
(2) Be based on the evaluation and assessment described in § 4226.62 (relating to MDE).
(3) Include the matters specified in § 4226.62.
(4) Be developed prior to funding option decisions.
(c) The legal entity shall ensure that an IFSP is developed and implemented for each eligible child.
§ 4226.72. Procedures for IFSP development, review and evaluation.
(a) For a child who has been evaluated for the first time and determined to be eligible, a meeting to develop the initial IFSP shall be conducted within the 45-day time period in § 4226.24(f) (relating to comprehensive child find system).
(b) The IFSP shall be evaluated once a year and the family shall be provided a review of the plan at 6-month intervals, or more often based on infant or toddler and family needs. The review may be carried out by a meeting or by another means that is acceptable to the parents and other participants. The review shall include:
(1) The degree to which progress toward achieving the outcomes is being made.
(2) Whether modification or revision of the outcomes or services is necessary.
(c) A meeting shall be conducted on at least an annual basis to evaluate the IFSP for a child and the child's family, and, as appropriate, to revise its provisions. The results of current evaluations conducted under § 4226.62(c) (relating to MDE), and other information available from the ongoing assessment of the child and family, shall be used in determining what services are needed and will be provided.
(d) IFSP meetings shall be conducted as follows:
(1) In settings and at times that are convenient to families.
(2) In the native language of the family or other mode of communication used by the family, unless it is clearly not feasible to do so. If the parent is deaf or blind, or has no written language, the mode of communication shall be that normally used by the parent (sign language, braille or oral communication).
(3) Meeting arrangements shall be made with, and written notice provided to, the family and other participants early enough before the meeting date to ensure that they will be able to attend.
(e) The contents of the IFSP shall be fully explained to the parents and informed written consent from the parents shall be obtained prior to the provision of early intervention services described in the plan. If the parents do not provide consent with respect to a particular early intervention service or withdraw consent after first providing it, that service may not be provided. The early intervention services to which parental consent is obtained shall be provided.
§ 4226.73. Participants in IFSP meetings and periodic reviews.
(a) Each initial meeting and each annual meeting to evaluate the IFSP shall include the following participants:
(1) The parents of the child.
(2) Other family members, as requested by the parent, if feasible to do so.
(3) An advocate or person outside of the family, if the parent requests that the person participate.
(4) The service coordinator who has been working with the family since the initial referral of the child for evaluation, or who has been designated by the legal entity to be responsible for implementation of the IFSP.
(5) Persons directly involved in conducting the evaluations and assessments in § 4226.62 (relating to MDE).
(6) Persons who will be providing services to the child or family, as appropriate.
(b) If a person listed in subsection (a)(5) is unable to attend a meeting, arrangements shall be made for the person's involvement through other means, including one or more of the following:
(1) Participating in a telephone conference call.
(2) Having a knowledgeable authorized representative attend the meeting.
(3) Making pertinent records available at the meeting.
(c) Each periodic review shall provide for the participation of persons in subsection (a)(1)--(5). If conditions warrant, provisions shall be made for the participation of other representatives identified in subsection (a).
§ 4226.74. Content of IFSP
The IFSP shall be in writing and the standardized formats will contain:
(1) Information about the child's status.
(i) A statement of the child's present levels of physical development (including vision, hearing and health status), cognitive development, communication development, social or emotional development, and adaptive development, based on objective criteria.
(ii) The statement in subparagraph (i) shall be based on professionally acceptable objective criteria.
(2) Family information. A statement of the family's resources, priorities and concerns related to enhancing the development of the family's infant or toddler with a disability.
(3) Outcomes. A statement of the major outcomes expected to be achieved for the infant or toddler and the family, and the criteria, procedures, and timeliness used to determine:
(i) The degree to which progress toward achieving the outcomes is being made.
(ii) Whether modifications or revisions of the outcomes or services are necessary.
(4) Early intervention services.
(i) A statement of the specific early intervention services necessary to meet the unique needs of the infant or toddler and the family, including the frequency, intensity and method of delivering the services.
(ii) Early intervention services shall be provided by qualified personnel, including the following:
(A) Audiologists.
(B) Early interventionist.
(C) Family therapists.
(D) Nurses.
(E) Nutritionists.
(F) Occupational therapists.
(G) Orientation and mobility specialists.
(H) Pediatricians and other physicians.
(I) Physical therapists.
(J) Psychologists.
(K) Service coordinator.
(L) Social workers.
(M) Special educators.
(N) Speech and language pathologists.
(iii) As used in this section the following apply:
(A) ''Frequency'' and ''intensity'' are the number of days or sessions that a service will be provided, the length of time the service is provided during each session, and whether the service is provided on an individual or group basis.
(B) ''Method'' is how a service is provided.
(iv) ''Location'' is the actual place where a service will be provided.
(5) Natural environments. A statement of the natural environments in which early intervention services shall appropriately be provided, including a justification of the extent, if any, to which the services will not be provided in a natural environment.
(6) Other services.
(i) The IFSP shall include:
(A) Medical and other services that the child needs, but that are not required under this chapter.
(B) The funding sources to be used in paying for those services or the steps that will be taken to secure those services through public or private sources.
(ii) The requirement in subparagraph (i) does not apply to routine medical services (for example, immunizations and ''well-baby'' care), unless a child needs those services and the services are not otherwise available or being provided.
(7) Dates; duration of services. The IFSP shall include the following:
(i) The projected dates for initiation of the services in paragraph (4) as soon as possible after the IFSP meetings described in § 4226.72 (relating to procedures for IFSP development, review and evaluation).
(ii) The anticipated duration of those services.
(8) Service coordinator. The identification of the service coordinator from the profession most immediately relevant to the infant's or toddler's or family's needs (or who is otherwise qualified to carry out all applicable responsibilities under this chapter), who will be responsible for the implementation of the IFSP and coordination with other agencies and persons.
(9) Transition from early intervention services.
(i) The following steps shall be taken to support the transition of the child to meet the following requirements:
(A) Ensure a smooth transition for toddlers receiving early intervention services under this chapter to preschool or other appropriate services, including a description of how the following conditions will be met:
(I) The families of toddlers will be included in the transition plans required by clause (C).
(II) The legal entity shall:
(-a-) Notify the local educational agency for the area in which the child resides that the child will shortly reach the age of eligibility for preschool services under Part B, of IDEA as determined in accordance with State law.
(-b-) In the case of a child who may be eligible for preschool services, with the approval of the family of the child, convene a conference among the legal entity, the family, and the local educational agency at least 90 days (and at the discretion of all of the parties, up to 6 months) before the child is eligible for the preschool services, to discuss services that the child may receive.
(-c-) In the case of a child who may not be eligible for preschool services, with the approval of the family, make reasonable efforts to convene a conference among the legal entity, the family, and providers of other appropriate services for children who are not eligible for preschool services to discuss the services the child may receive.
(B) Review the child's program options for the period from the child's 23rd birthday through the remainder of the school year.
(C) Establish a transition plan.
(ii) The local educational agency, which is responsible for providing preschool programs under the Early Intervention Services System Act (11 P. S. §§ 875-101--875-502), and the legal entity providing early intervention programs for infants and toddlers will develop interagency agreements between the two agencies to ensure coordination on transition matters.
§ 4226.75. Provision of services before evaluation and assessment are completed.
Early intervention services for an eligible child and the child's family may commence before the completion of the evaluation and assessment in § 4226.62 (relating to MDE), if the following conditions are met:
(1) Parental consent is obtained.
(2) An interim IFSP is developed that includes the following:
(i) The name of the service coordinator who will be responsible, consistent with § 4226.74(7) (relating to content of IFSP), for implementation of the interim IFSP and coordination with other agencies and persons.
(ii) The early intervention services that have been determined to be needed immediately by the child and the child's family.
(3) The evaluation and assessment are completed within the time period required in § 4226.62(d).
PROCEDURAL SAFEGUARDS § 4226.91. General responsibility of legal entity for procedural safeguards.
A legal entity is responsible for the following:
(1) Adopting procedural safeguards that shall include, at a minimum, conflict resolution, mediation and administrative hearings as set forth in this chapter.
(2) Ensuring effective implementation of the safeguards by providers of early intervention services.
§ 4226.92. Notice of rights.
The legal entity shall inform parents of their right to request conflict resolution, mediation or an administrative hearing as described in this chapter.
§ 4226.93. Conflict resolution.
The legal entity shall establish an internal system of conflict resolution to facilitate the prompt, amicable resolution of disagreements and conflicts among parents, legal entities, agencies or other parties. Conflict resolution shall be a process whereby parents, legal entity staff and providers, as appropriate, or other representatives, may request a meeting to discuss and resolve issues relating to the provision of services to an infant or toddler eligible for services under this chapter. The conflict resolution process shall ensure that the following are met:
(1) Parents can request conflict resolution either orally or in writing.
(2) When a parental request for mediation under § 4226.94 (relating to mediation) or a request for an impartial administrative hearing under § 4226.100 (relating to administrative resolution of individual child complaints by an impartial decisionmaker) is received, a meeting with the parents and the legal entity administrator or designee shall be held, unless the parents do not agree to participate, within 7-calendar days following a parental request. This meeting may not delay the processing of parental requests for mediation or an impartial hearing.
(3) When a resolution or agreement is reached at the meeting, the IFSP or other appropriate documents shall be revised.
(4) If the conflict resolution meeting is unsuccessful, all other due process rights and procedures continue to be available.
(5) The conflict resolution process will not impede or deny other child and family rights under this chapter.
§ 4226.94. Mediation.
(a) The legal entity shall adopt procedures that afford a party who presents a complaint with respect to any matter relating to the identification, evaluation, or the placement of the child, or the provision of appropriate early intervention services, the opportunity to resolve disputes through a mediation process, which, at a minimum, shall be available whenever a hearing is requested under § 4226.100 (relating to administrative resolution of individual child complaints by an impartial decisionmaker).
(b) The procedures shall ensure that the mediation process is:
(1) Voluntary on the part of the parents.
(2) Not used to deny or delay a parent's right to a due process hearing under §§ 4226.100--4226.104, or to deny other rights afforded under this chapter.
(3) Conducted by a qualified and impartial mediator who is trained in effective mediation techniques.
(c) The legal entity shall establish procedures whereby parents who choose not to use the mediation process may request a meeting, at a time and location convenient to the parents, unless the parents do not agree to participate, with a disinterested party who is under contract with one of the following:
(1) A parent training and information center or community parent resource center.
(2) An alternative dispute resolution entity to encourage the use, and explain the benefits, of the mediation process to the parents.
(d) Each session in the mediation process shall be scheduled in a timely manner and shall be held in a location that is convenient to the parties to the dispute.
(e) An agreement reached by the parties to the dispute in the mediation process shall be set forth in a written mediation agreement.
(f) Discussions that occur during the mediation process shall be confidential and may not be used as evidence in any subsequent due process hearings or civil proceedings and the parties to the mediation process may be required to sign a confidentiality pledge prior to the commencement of this process.
§ 4226.95. Consent and native language information.
(a) The following requirements apply for consent from parents:
(1) The parent shall be fully informed of all information relevant to the activity for which consent is sought, in the parent's native language or other mode of communication.
(2) The parent shall be informed and agree in writing to the carrying out of the activity for which consent is sought, and the consent shall describe that activity and list the records (if any) that will be released and to whom.
(3) The parent shall be informed that the granting of consent is voluntary on the part of the parent and may be revoked at any time.
(b) Native language, when used with reference to persons of limited English proficiency, is the language or mode of communication normally used by the parent of an eligible child.
§ 4226.96. Opportunity to examine records.
In accordance with the confidentiality procedures in Federal regulations at 34 CFR 300.560--300.576 (relating to Family Educational Rights and Privacy Act--FERPA), the parents of a child eligible under this chapter shall be afforded the opportunity to inspect and review records relating to evaluations and assessments, eligibility determinations, development and implementation of IFSPs, individual complaints dealing with the child, and any other records about the child and the child's family.
§ 4226.97. Prior notice; native language.
(a) Written prior notice shall be given to the parents of a child eligible under this chapter before a legal entity proposes, or refuses, to initiate or change the identification, evaluation or placement of the child, or the provision of appropriate early intervention services to the child and the child's family.
(b) The notice shall be in sufficient detail to inform the parents about the following:
(1) The action that is being proposed or refused.
(2) The reasons for taking the action.
(3) The procedural safeguards that are available under this chapter.
(c) The notice shall be:
(1) Written in language understandable to the general public.
(2) Provided in the native language of the parents, unless it is not feasible to do so.
(d) If the native language or other mode of communication of the parent is not a written language, the legal entity shall take steps to ensure that:
(1) The notice is translated orally or by other means to the parent in the parent's native language or other mode of communication.
(2) The parent understands the notice.
(3) There is written evidence that the requirements of this subsection have been met.
(e) If a parent is deaf or blind, or has no written language, the mode of communication shall be that normally used by the parent (such as sign language, braille or oral communication).
§ 4226.98. Parent consent.
(a) Written parental consent shall be obtained on the standardized parents right agreement before:
(1) Conducting the initial evaluation and assessment of a child under § 4226.62 (relating to MDE).
(2) Initiating the provision of early intervention services under § 4226.72(e) (relating to procedures for IFSP development, review and evaluation).
(b) If consent is not given, the legal entity shall make reasonable efforts to ensure that the parent:
(1) Is fully aware of the nature of the evaluation and assessment or the services that would be available.
(2) Understands that the child will not be able to receive the evaluation and assessment or services unless consent is given.
§ 4226.99. Parental right to decline service.
The parents of a child eligible under this chapter may determine whether they, their child, or other family members will accept or decline an early intervention service and may decline a service after first accepting it, without jeopardizing other early intervention services provided under this chapter.
§ 4226.100. Administrative resolution of individual child complaints by an impartial decisionmaker.
Each legal entity shall implement procedures for the timely administrative resolution of individual child complaints by parents concerning any of the matters in § 4226.97(a) (relating to prior notice; native language).
§ 4226.101. Parent rights in administrative proceedings.
(a) Each legal entity shall ensure that the parents of children eligible under this chapter are afforded the rights in subsection (b) in administrative proceedings carried out under § 4226.100 (relating to administrative resolution of individual child complaints by an impartial decisionmaker).
(b) A parent involved in an administrative proceeding has the following rights:
(1) To be accompanied and advised by counsel and by individuals with special knowledge or training with respect to early intervention services for children eligible under this chapter.
(2) To present evidence and confront, cross-examine and compel the attendance of witnesses.
(3) To prohibit the introduction of any evidence at the proceeding that has not been disclosed to the parent at least 5 days before the proceeding.
(4) To obtain a written or electronic verbatim transcription of the proceeding.
(5) To obtain written findings of fact and decisions.
§ 4226.102. Impartial hearing officer.
(a) The legal entity shall ensure that the person appointed to implement the administrative resolution process meets the following:
(1) Is not an employe of an agency or other entity involved in the provision of early intervention services or care of the child.
(2) Does not have a personal or professional interest that would conflict with the person's objectivity in conducting the hearing and rendering a decision.
(b) A person who otherwise qualifies under this section tion is not an employe of an agency solely because the person is paid by the agency to implement the administrative resolution process.
§ 4226.103. Convenience of proceedings; timelines.
A proceeding for implementing the administrative resolution process shall be carried out at a time and place that is reasonably convenient to the parents.
§ 4226.104. Status of a child during proceedings.
(a) During the pendency of a proceeding involving a complaint under this chapter, unless the legal entity and parents of a child otherwise agree, the child shall continue to receive the early intervention services currently being provided.
(b) If the complaint involves an application for initial services under this chapter, the child shall receive those services that are not in dispute.
(c) Parents have the right to accept or decline services. The rejection of one service does not jeopardize other early intervention services or activities. During a child/family resolution process the services or activities not in dispute will be initiated or continued.
§ 4226.105. Surrogate parents.
(a) Each legal entity shall ensure that the rights of children eligible under this chapter are protected if one of the following apply:
(1) A parent, as defined in § 4226.5 (relating to definitions), cannot be identified.
(2) The legal entity, after reasonable efforts, cannot discover the whereabouts of a parent.
(3) The child is in the legal custody of the county children and youth agency and the birth parents are ''unknown or unavailable,'' which includes situations when the birth parents are deceased or parental rights have been terminated.
(b) The duty of the legal entity under subsection (a) includes the assignment of an individual to act as a surrogate for the parent. This shall include a method for:
(1) Determining whether a child needs a surrogate parent.
(2) Assigning a surrogate parent to the child.
(c) The legal entity shall select a surrogate parent.
(d) The legal entity shall ensure that a person selected as a surrogate parent:
(1) Has no interest that conflicts with the interests of the child the surrogate represents.
(2) Has knowledge and skills that ensure adequate representation of the child.
(3) Is not an employe of an agency involved in the provision of early intervention or other services to the child.
(e) A person who otherwise qualifies to be a surrogate parent under subsection (d) is not an employe solely because the surrogate is paid by a public agency to serve as a surrogate parent.
(f) A foster parent qualifies under this part if the following apply:
(1) The natural parents' authority to make early intervention or educational decisions on the child's behalf has been relinquished under State law.
(2) The county children and youth agency has been given the custody of the child and approves the recommendation that the foster parent would be the most appropriate surrogate parent.
(3) The foster parent has an ongoing, long-term parental relationship with the child.
(4) The foster parent is willing to participate in making early intervention or educational decisions on the child's behalf.
(5) The foster parent has no interest that would conflict with the interests of the child.
(g) A surrogate parent may represent a child in all matters related to the following:
(1) The evaluation and assessment of the child.
(2) Development and implementation of the child's IFSPs, including annual evaluations and periodic reviews.
(3) The ongoing provision of early intervention services to the child.
(4) Other rights established under this chapter.
[Pa.B. Doc. No. 00-941. Filed for public inspection June 2, 2000, 9:00 a.m.]
