Ohio Admin. Code 5123-10-02 - Early intervention program - eligibility and services
(A) Purpose
This rule sets forth the early intervention program requirements for eligibility, developmental screening, evaluation, assessment, individualized family service plan meetings and content, transition to preschool and other programs, service coordination, early intervention records, and exiting and transferring from the early intervention program.
(B) Definitions
(2)(3)
"Consent" means that a parent:
(3)(4) "Department" means
the Ohio department of developmental disabilities.
(4)(5) "Developmental
delay" means that a child has not reached developmental milestones expected for
his or her
the
child's chronological age as measured by qualified personnel using
appropriate diagnostic instruments and/or procedures.
(5)(6)
"Developmental screening" means activities carried out by, or under the
supervision of, an early intervention service provider to identify, at the
earliest possible age, children suspected of having a developmental delay or
disability.
(6)(7) "Duration" means
projecting when a given service will no longer be provided (such as when a
child is expected to achieve the outcomes in his or
her
the individualized family service
plan or until a child turns three years of age).
(7)(8) "Early intervention
program" means Ohio's statewide system that provides coordinated services to
parents of infants and toddlers with delays or disabilities in accordance with
part C.
(8)(9) "Early intervention
records" means all records, in any format,
regarding a child that are collected, maintained, or used under part
C.
(9)(10) "Early
intervention service coordinator" means a person who holds an early
intervention service coordinator credential or an early intervention service
coordination supervisor credential issued in accordance with rule
5123-10-04 of the Administrative
Code and assists and enables an infant or toddler with a developmental delay or
disability and the child's family to receive the services and rights, including
procedural safeguards, required under part C.
(10)(11) "Early
intervention service provider" means an entity that, or an individual who,
provides early intervention services under part C, and may include, where
appropriate, the department and a public agency responsible for providing early
intervention services under part C.
(11)(12) "Early
intervention services" means developmental services described in appendix A to
this rule, selected in collaboration with a parent of a child birth through age
two who is eligible for services under part C, and designed to meet the
developmental needs of the child and the needs of the child's family to assist
appropriately in the child's development as identified in the individualized
family service plan.
(12)(13) "Evaluation"
means the procedures used by qualified personnel on a multidisciplinary team to
determine a child's eligibility for early intervention services. At least one
of the qualified personnel shall
will be trained to administer the
department-approved evaluation tool utilized.
(13)(15) "Frequency" means
the number of days or sessions that an early intervention service will be
provided.
(14)(16) "Individualized
family service plan" means the written plan for providing early intervention
services to an eligible child and the child's family.
(15)(17) "Informed
clinical opinion" means the process used by qualified personnel in the
evaluation and assessment process to make a recommendation
determination as to initial and continuing eligibility for services under part
C and as a basis for planning services to meet child and family needs. 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.
(16)(18) "Initial
assessment" means the assessment of a child and the family-directed assessment
conducted prior to the child's initial individualized family service plan
meeting.
(28)(29) "Prior written
notice" means the written notification provided to a parent at least ten
calendar days before proposing or refusing to initiate or change the
identification, evaluation, or placement of a child, or the provision of early
intervention services to a child and that child's family, consistent with
paragraph (D) of rule
5123-10-01 of the Administrative
Code. A parent may waive the right to the ten-day prior notice.
(29)(30)
"Qualified personnel" means personnel described in appendix B to this
rule.
For the purposes of this rule, the following definitions
shall apply:
(1) "Assessment of
the child" means the ongoing procedures used by qualified personnel
or an early intervention service
coordinator on a multidisciplinary team to identify a child's unique
strengths and needs, and the early intervention services appropriate to meet
those needs throughout the period of the child's eligibility.
It also refers to the family-directed assessment as
completed by qualified personnel to identify the family's resources,
priorities, and concerns.
(2)
"Case notes"
means the documentation created or compiled by early intervention service
providers determining eligibility or providing services pursuant to this rule,
including but not limited to, early intervention service coordinators,
interventionists, intake coordinators, evaluators, and assessors. Documentation
includes, at a minimum, the early intervention activity including scheduling
and coordinating, the date, the purpose, the method of communication, and the
resolution of the activity, names and roles of those involved including the
provider, and all contacts and attempted contacts.
(a) Has been
informed of the information relevant to the activity for which consent is
sought, in the parent's native language;
(b) Agrees in writing to the carrying out of
the activity for which the parent's consent is sought; and
(c) Understands that the granting of consent
is voluntary on the part of the parent and may be revoked at any time and that
if the parent revokes consent, revocation is not retroactive.
(14)
"Family-directed
assessment" means the ongoing procedures completed by qualified personnel or an
early intervention service coordinator to identify the family's resources,
priorities, and concerns.
(a) "Initial individualized family service
plan" means the first ever individualized family service plan developed by a
team for a child that must be completed within forty-five calendar days of the
program referral.
(b) "Annual
individualized family service plan" means the individualized family service
plan written once per year, no later than the anniversary of the initial
individualized family service plan.
(c) "Periodic review" means a review of an
individualized family service plan that takes place any time between an initial
individualized family service plan and an annual individualized family service
plan or between two annual individualized family service plans, but no later
than six months after the most recent individualized family service plan. A
periodic review occurs any time there is a need to change service delivery or
outcomes, the family requests a review, or a child transfers from one county to
another before the annual individualized family service plan is due.
(17) "Initial evaluation" means the
evaluation of a child to determine his or her initial eligibility for early
intervention services.
(18) "Intensity" means whether the
early intervention service is provided on an individual or group
basis.
(19)
"Length" means the length of time the early intervention service is provided
during each session of that service (such as an hour or other specified time
period).
(20) "Method" means how an
early intervention service is provided.
(21) "Multidisciplinary" means the
involvement of qualified personnel representing two or more separate
disciplines or professions and with respect to:
(a) Evaluation and assessment of a child,
which may include one individual who is qualified in more than one discipline
or profession; and
(b) The
individualized family service plan team, which shall
will include
the child's parent and two or more individuals from separate disciplines or
professions, one of whom shall
will be an early intervention service
coordinator.
(22)
"Native language" means the language or mode of communication normally used by
a child or a parent of the child.
(23) "Natural environment" means settings
that are natural or typical for a same- aged child without a developmental
delay or disability, including the home or community settings.
(24) "Parent" means a biological or adoptive
parent of a child, a guardian, a foster parent or person acting in place of a
biological parent or adoptive parent with whom the child lives, or an appointed
surrogate parent, consistent with
34 C.F.R.
303.27, as in effect on the effective date of
this rule.
(25) "Part B" means part
B of the Individuals with Disabilities Education Act,
20 U.S.C.
1411 through
1419, as in effect on the
effective date of this rule, and 34 C.F.R. parts 300 and 301, as in effect on
the effective date of this rule.
(26) "Part C" means part C of the Individuals
with Disabilities Education Act,
20 U.S.C.
1431 through
1445, as in effect on the
effective date of this rule, and 34 C.F.R. part 303, as in effect on the
effective date of this rule.
(27)
"Participating agency" means any individual, agency, entity, or institution
that collects, maintains, or uses personally identifiable information to
implement the requirements in part C with respect to a particular child. A
participating agency includes the lead agency, early intervention service
providers, and any individual or entity that provides any part C services
(including service coordination, evaluations and assessments, and other part C
services), but does not include primary referral sources or public agencies
(such as the Ohio department of medicaid) or private entities (such as private
insurance companies) that act solely as funding sources for part C
services.
(28)
"Personally identifiable information" includes, but is
not limited to:
(a)
A child's name;
(b)
The name of a
child's parent or other family member;
(c)
The address of a
child or the child's family;
(d)
A personal
identifier, such as a child's social security number;
(e)
An indirect
identifier, such as a child's date of birth, place of birth, or mother's maiden
name;
(f)
Information that, alone or in combination, is linked or
linkable to a specific child that would allow a reasonable person, who does not
have personal knowledge of the relevant circumstances, to identify the child
with reasonable certainty; or
(g)
Information
requested by a person who the early intervention service provider reasonably
believes knows the identity of the child to whom the early intervention record
relates.
(C)
Referral of specific at-risk infants and toddlers
The Ohio department of children and youth will ensure that any child under the age of three years who is the subject of a substantiated case of child abuse or neglect or who is identified as directly affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure will be referred to the central intake site for early intervention referrals using form HEA 8021 ("Public Children Services Referral to Help Me Grow") or its successor.
(1) The following children are eligible for
early intervention services under part C:
(a)
Children who have a documented diagnosed physical or mental condition with a
high probability of resulting in a developmental delay, as listed in appendix C
to this rule.
(i) The early intervention
service coordinator shall
will ensure that documentation of the qualifying
diagnosed condition is requested and obtained.
(ii) Children for whom documentation of the
qualifying diagnosed condition is not obtained by the early intervention
service coordinator shall
will be offered an evaluation in accordance with
the timelines set forth in paragraph (D)
(E) of this rule and the procedures set forth in
paragraphs (F) and (G)
and (H) of this rule to determine eligibility to
receive early intervention services.
(b) Children who have a documented diagnosed
physical or mental condition which is not listed in appendix C to this rule.
(i) The early intervention service
coordinator shall
will ensure that documentation of the diagnosed
condition which is determined to have a high probability of resulting in a
developmental delay or disability is requested, obtained, and documented on
form EI-12 ("Documentation of Diagnosed Condition, " July 2019
). The form shall
will be filled out completely and signed by a
professional licensed to diagnose and treat mental or physical conditions for
the child to be eligible to receive early intervention services.
(ii) Children for whom documentation of the
diagnosed condition on completed form EI-12 ("Documentation of Diagnosed
Condition, " July 2019) is not obtained by the early
intervention service coordinator shall
will be offered an evaluation in accordance with
the timelines set forth in paragraph (D)
(E) of this rule and the procedures set forth in
paragraphs (F) and (G)
and (H) of this rule to determine eligibility for
early intervention services.
(iii) Children who are determined to
be eligible in accordance with paragraph (C)(1)(b) of this rule shall have
their eligibility determined annually.
(c) Children with a developmental delay of at
least one and one-half standard deviations below the mean, or the equivalent
determined through informed clinical opinion, in adaptive, cognitive,
communication, physical, or social and emotional development, as determined and
documented through an evaluation in accordance with the timelines set forth in
paragraph (D)
(E) of this rule and the procedures set forth in
paragraphs (F) and (G)
and (H) of this rule. Children for whom the developmental evaluation tool does not
indicate a developmental delay of at least one and one-half standard deviations
below the mean in adaptive, cognitive, communication, physical, or social and
emotional development, may be made eligible using informed clinical opinion
with a written explanation of the sources of information used and how those
sources of information support eligibility, including area or areas of
delay.
(i) Children for whom the
developmental evaluation tool does not indicate a developmental delay of at
least one and one-half standard deviations below the mean in adaptive,
cognitive, communication, physical, or social and emotional development, may be
made eligible using informed clinical opinion with a written explanation of the
sources of information used and how those sources of information support
eligibility.
(ii) Children who are determined to
be eligible in accordance with paragraph (C)(1)(c)(i) of this rule shall have
their eligibility determined annually.
(d) Children who move to Ohio with an
eligibility determination and/or individualized family service plan from
another state or United States territory shall
will have their
eligibility established in Ohio prior to proceeding to individualized family
service plan development and implementation. Existing information and documents
may be used to determine eligibility in accordance with paragraphs
(C)(1)(a) to (C)(1)(c)
(D)(1)(a) to (D)(1)(c) of this rule. Except for
documentation of a diagnosed physical or mental condition described in
paragraph (C)(1)(a)
(D)(1)(a) of this rule, all information and
documentation shall
will be dated within one hundred eighty days prior to
early intervention program referral.
(2) For every child under the age of three
who is referred to the early intervention program or screened in accordance
with paragraphs (D) and (E)
and (F) of this rule, there is no requirement to:
(a) Provide an evaluation of the child unless
the child is suspected of having a developmental delay or disability or the
parent requests an evaluation in accordance with paragraph
(E)(2)(b)
(F)(2)(b) of this rule; or
(b) Make early intervention services
available to the child unless a determination is made that the child is
eligible in accordance with paragraph (C)
(D) of this rule.
(3) For every child who is referred to the
early intervention program fewer than forty- five calendar days before that
child's third birthday, there is no requirement to conduct an
initial evaluation, initial assessment, or
an initial individualized family service
plan meeting.
(4)
The early intervention service coordinator will provide
prior written notice of a child's eligibility to the child's parent at no cost
using form EI-03 ("Prior Written Notice of Eligibility Determination") within
five calendar days of eligibility determination.
(1) Except as provided in paragraph
(D)(2) of this rule, the early intervention service coordinator shall ensure
any developmental screening conducted in accordance with paragraph (E) of this
rule, determination of eligibility in accordance with paragraph (C) of this
rule, initial evaluation and initial assessment of the child and family in
accordance with paragraphs (F), (G), and (I) of this rule, and initial
individualized family service plan meeting in accordance with paragraph (J) of
this rule, are completed within forty-five calendar days from the date the
child is referred to the early intervention program.
(1)
Except as
provided in paragraph (E)(2) of this rule, the early intervention service
coordinator will ensure the following are completed within forty-five calendar
days from the date a child is referred to the early intervention program:
(a)
Determination of
eligibility conducted in accordance with paragraph (D) of this
rule;
(b)
Developmental screening conducted in accordance with
paragraph (F) of this rule;
(c)
Evaluation and
initial assessment of the child conducted in accordance with paragraphs (G) and
(H) of this rule;
(d)
Family-directed assessment conducted in accordance with
paragraphs (G) and (I) of this rule; and
(e)
Initial
individualized family service plan meeting conducted in accordance with
paragraph (J) of this rule.
(2) Subject to paragraph
(D)(2)(b)
(E)(2)(b) of this rule, the forty-five-day timeline
described in paragraph (D)(1)
(E)(1) of this rule does not apply when:
(a) The child or parent is unavailable to
complete the developmental screening, initial evaluation, initial assessment of the child
and family, initial
family- directed assessment, or initial individualized family service
plan meeting due to exceptional family circumstances that are documented in the
child's early intervention records; or
(b) The early intervention service
coordinator is unable to locate the parent to provide consent for the
developmental screening, initial
evaluation, or initial assessment of the child, despite documented, repeated
attempts, using more than one medium when available.
(3) In the event that the circumstances
described in paragraph (D)(2)(a) or (D)(2)(b)
(E)(2)(a) or (E)(2)(b) exist, the early
intervention service coordinator shall
will ensure:
(a) Documentation in the child's early
intervention records of the exceptional family circumstances or repeated
attempts by the early intervention service coordinator to obtain the parent's
consent; and
(b) Completion of the
developmental screening, initial
evaluation, initial assessment of the child and
family, initial family-directed
assessment, and initial individualized family service plan meeting as
soon as possible after the documented exceptional family circumstances no
longer exist or the parent's consent is obtained for the developmental
screening, initial evaluation, and initial
assessment of the child.
(1) If an early
intervention participating agency proposes to screen a child under the age of
three who has been referred to the early intervention program to determine
whether he or she
the child is suspected of having a developmental delay
or disability, the early intervention participating agency
shall
will
ensure:
(a) Prior written notice of the intent
to screen the child is provided to the parent using form EI-01 ("Prior Written
Notice and Consent for Developmental Screening, " July 2019
);
(b) The parent's consent is
obtained using form EI-01 ("Prior Written Notice and Consent for Developmental
Screening, " July 2019) before conducting the developmental
screening procedures; and
(c)
Department-approved screening instruments are administered.
(2) If the developmental screening
or other available information indicates that the child is:
(a) Suspected of having a developmental delay
or disability, an evaluation and assessment of the child
shall
will be
conducted in accordance with paragraphs (D), (F),
(G), and (I)
(E), (G), (H), and (I) of
this rule; or
(b) Not suspected of
having a developmental delay or disability, the early intervention service
coordinator shall
will ensure that prior written notice of that
determination is provided to the parent using form EI-10 ("Prior Written Notice
of Exiting, " July 2019). If the parent of the child requests an
evaluation at any time during the developmental screening process, evaluation
of the child shall
will be conducted in accordance with paragraphs
(D), (F), and (G)
(E), (G), and (H) of this rule, even if the early
intervention service provider has determined in accordance with this paragraph,
that the child is not suspected of having a developmental delay or
disability.
(1) Each child under the age of three who is
referred for evaluation for early intervention services and suspected of having
a developmental delay or disability shall
will receive:
(a) A timely, comprehensive,
multidisciplinary evaluation of the child in accordance with paragraphs
(D) and (G)
(E) and
(H) of this rule unless eligibility is established in accordance with
paragraph (C)(1)(a), (C)(1)(b), or
(C)(1)(d)
(D)(1)(a), (D)(1)(b), or
(D)(1)(d) of this rule; and
(b) If the child is determined eligible:
(i) A multidisciplinary child assessment in
accordance with paragraphs (D)
(E) and (I) of this rule; and
(ii) A family-directed assessment in
accordance with paragraphs (D)
(E) and (I) of this rule.
(2) The evaluation described in
paragraph (F)(1)(a)
(G)(1)(a) of this rule and the assessments described
in paragraph (F)(1)(b)
(G)(1)(b) of this rule may occur simultaneously
provided that the requirements in paragraphs (D) and
(G)
(E) and (H) of this rule are
met.
(3) An early intervention
service coordinator shall
will ensure prior written notice is provided and
the parent's consent is obtained using form EI-02 ("Prior Written Notice and
Consent for Developmental Evaluation and Assessment,
Assessments" July 2019) prior to conducting an evaluation or
assessment of the child or using form EI-03 ("Prior
Written Notice and Consent for the Family- Directed Assessment," July
2019)
and prior to conducting a
family-directed assessment in accordance with paragraphs
(G)
(H) and
(I) of this rule.
(4) Qualified
personnel shall
will use informed clinical opinion when conducting an
evaluation and assessment of a child.
(5) All evaluations and assessments of a
child and the family-directed assessmentshall
will be
conducted in settings and at times that are convenient for the
parent.
(6) All evaluations and
assessments of a child and the family-directed assessmentshall
will be
conducted by qualified personnel, in a nondiscriminatory manner, and selected
and administered so as not to be racially or culturally
discriminatory.
(7) Unless clearly
not feasible to do so, all evaluations and assessments of a child
shall
will be
conducted in the native language of the child.
(8) Unless clearly not feasible to do so,
family-directed assessments shall
will be conducted in the native language of the
family members being assessed.
Evaluation of a child shall
will include:
(1) Administering a department-approved
evaluation tool where at least one of the qualified personnel administering the
tool has received department-approved training in administration of the
tool;
(2) Reviewing the child's
history through parent interview and medical, educational, or other
records;
(3) Identifying the
child's level of functioning in adaptive, cognitive, communication, physical
(including fine and gross motor, vision, and hearing), and social and emotional
developmental domains; and
(4)
Gathering information from other sources such as family members, other care-
givers, medical providers, social workers, and educators, as necessary, to
understand the full scope of the child's unique strengths,
and needs, and participation in family routines and activities.
(H) Determination that a child is
not eligible If, based on the evaluation conducted in accordance with paragraph
(G) of this rule, an early intervention service provider determines that a
child is not eligible to receive early intervention services, the early
intervention service coordinator shall ensure that prior written notice is
provided to the child's parent using form EI-09 ("Prior Written Notice of
Determination of Ineligibility," July 2019).
(I) Procedures for assessment of
the child and family-directed assessment
(1) A multidisciplinary assessment of each
eligible child shall
will be conducted by qualified personnel in order
to identify the child's unique strengths and needs,
including the child's participation in family routines and activities and the
parent's ability to successfully engage the child in family routines and
activities, and the early intervention services appropriate to meet those
needs.
(2) An assessment of each
child shall
will be conducted initially and at least annually
prior to, but not more than ninety calendar days before, the annual
individualized family service plan due date. An assessment may be conducted
more frequently when appropriate. An annual
reassessment of a child is not required within ninety calendar days of the
child's third birthday. Timelines and requirements in the individualized family
service plan must be met.
(3)
When an evaluation is required in accordance with paragraph
(C)
(D) of
this rule, the assessment of a child shall
will include:
(a) A review of the results of the
evaluation;
(b) Personal
observations of the child; and
(c)
Identification of the child's level of functioning in adaptive, cognitive,
communication, physical (including fine and gross motor, vision, hearing, and
nutrition), and social and emotional developmental domains
within the context of the family's daily routines and
activities.
(4)
When an evaluation is not required in accordance with paragraph
(C)
(D) of
this rule, the assessment of a child shall
will include:
(a) A review of the child's history through
parent interview and medical, educational, or other records;
(b) Gathering information from other sources
such as family members, other care-givers, medical providers, social workers,
and educators, as necessary, to understand the full scope of the child's unique
strengths and needs, including participation in family
routines and activities;
(c)
Personal observations of the child; and
(d) Identification of the child's level of
functioning in adaptive, cognitive, communication, physical (including fine and
gross motor, vision, hearing, and nutrition), and social and emotional
developmental domains within the context of the
family's daily routines and activities.
(5) The early intervention service
coordinator shall
will ensure the family is offered a family-directed
assessment. A family-directed assessment shall
will be
conducted by qualified personnel or an early intervention service coordinator
in order to identify the family's resources, priorities, and concerns and the
supports and services necessary to enhance the family's capacity to meet the
developmental needs of the child. The family-directed assessment
shall
will:
(a) Be voluntary on the part of each family
member participating in the assessment;
(b) Be based on information obtained through
a department-approved family- directed
assessment tool and also through an interview with those family members who
elect to participate in the assessment; and
(c) Be conducted initially and at least
annually prior to, but not more than ninety calendar days before, the annual
individualized family service plan due date. An annual
family-directed assessment is not required within ninety calendar days of the
child's third birthday. Timelines and requirements in the individualized family
service plan must be met.
(J) Individualized family service plan
meetings
(1) For a child referred to the early
intervention program determined to be eligible to receive early intervention
services in accordance with paragraph (C)
(D) of this rule and assessed in accordance with
paragraphs (F)
(G) and (I) of this rule, a meeting to develop the
initial individualized family service plan shall
will be
conducted within the forty-five-day time period described in paragraph
(D)(1)
(E)(1)
of this rule.
(2) A periodic review
of the individualized family service plan for a child and the child's family
shall
will be
conducted every six months, or more frequently if conditions warrant, or if the
parent requests such a review.
(a) The purpose
of the periodic review is to determine:
(i)
The degree to which progress toward achieving the outcomes identified in the
individualized family service plan is being made; and
(ii) Whether modification or revision of the
outcomes or early intervention services identified in the individualized family
service plan is necessary.
(b) The periodic review may be carried out by
a meeting or by other means that are acceptable to the parent and other
participants.
(c) Each periodic
review shall
will provide for the participation of persons in
paragraphs (J)(6)(a) to (J)(6)(d) of this rule. If conditions warrant,
provisions shall
will be made for the participation of other
representatives identified in paragraph (J)(6) of this rule. All persons
participating in the periodic review may participate via technology from a
remote location while maintaining the confidentiality of personally
identifiable information and consistent with any participant's relevant
licensure requirements.
(3) A meeting shall
will be
conducted on at least an annual basis to evaluate and revise as appropriate,
the individualized family service plan for a child and the child's family. The
results of any current evaluations and other information available from the
assessments of the child and family conducted in accordance with paragraphs
(F), (G), (H), and (I) of this rule shall
will be used in
determining the early intervention services that are needed and will be
provided.
(4) Individualized family
service plan meetings shall
will be conducted:
(a) In settings and at times that are
convenient for the parent; and
(b)
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.
(5) Meeting arrangements
shall
will be
made with the parent and other participants. Written notice of the meeting
arrangements using form EI-13 ("Individualized Family Service Plan Meeting
Notice, " July
2019) shall
will be provided to the parent and other
participants early enough to ensure they will be able to attend.
(6) Each initial and annual individualized
family service plan meeting shall
will include:
(a) The parent of the child;
(b) Other family members, as requested by the
parent, if feasible to do so;
(c)
An advocate or person outside of the family, if the parent requests that the
person participate;
(d) The
designated early intervention service coordinator responsible for implementing
the individualized family service plan;
(e) A person directly involved in conducting
the evaluations and assessments described in paragraphs
(F), (G), (H), and (I) of this rule; and
(f) As appropriate, persons who will be
providing early intervention services to the child or family.
(7) The parent of the child and
the early intervention service coordinator shall
will be
physically present at the initial and annual individualized family service plan
meeting.
(8) If a person listed in
paragraph (J)(6)(b), (J)(6)(c), or (J)(6)(f) of this rule is unable to be
physically present at the initial or annual individualized family service plan
meeting, the person may participate via technology from a remote location while
maintaining the confidentiality of personally identifiable information and
consistent with any participant's relevant licensure requirements.
(9) If a person listed in paragraph (J)(6)(e)
of this rule is unable to be physically present at the initial or annual
individualized family service plan meeting, arrangements
shall
will be
made for the person's involvement through other means, including:
(a) Participating via technology from a
remote location while maintaining the confidentiality of personally
identifiable information and consistent with any participant's relevant
licensure requirements;
(b) Having
a knowledgeable authorized representative attend the meeting; or
(c) Making pertinent records available at the
meeting.
(K)
Content of an individualized family service plan
(1) The early intervention service
coordinator shall
will ensure that form EI-04 ("Individualized Family
Service Plan, " July 2019) is completed.
(2) The individualized family service plan
shall
will
include a statement of the child's present levels of physical development
(including fine and gross motor, vision, hearing, nutrition, and health
status), cognitive development, communication development, social and emotional
development, and adaptive development, including child outcome statements,
based on the information from the child's evaluation and assessments conducted
in accordance with paragraphs (F), (G),
(H), and (I) of this rule.
(3) If the family agrees, the individualized
family service plan shall
will include a statement of the family's
resources, priorities, and concerns related to enhancing the development of the
child as identified through the assessment of
the family- directed assessment in
accordance with paragraph (I) of this rule.
(4) The individualized family service plan
shall
will
include a statement of the measurable outcomes expected to be achieved for the
child (including pre- literacy and language skills as developmentally
appropriate for the child) and family, and the criteria, procedures, and
timelines used to determine:
(a) The degree to
which progress toward achieving the outcomes identified in the individualized
family service plan is being made; and
(b) Whether modification or revision of
outcomes or early intervention services identified in the individualized family
service plan is necessary.
(5) The individualized family service plan
shall
will
include a statement of the specific early intervention services that are
necessary to meet the unique needs of the child and the family to achieve the
outcomes identified in accordance with paragraph (K)(4) of this rule,
including:(b)(c)
The location where the early intervention services
will be provided. A statement that each early intervention service is
provided in the natural environment for that child or service, or a statement
that an early intervention service will not be provided in the natural
environment with an explanation as to why the early intervention service cannot
be achieved in the natural environment, the steps the family, the early
intervention service coordinator, and the early intervention service provider
will take to move the early intervention service into the natural environment,
and the projected date the early intervention service will be moved into the
natural environment. The determination of the appropriate setting for providing
early intervention services to an eligible child shall
will be:
(c)(d) The payment
arrangements. When the provider will be a department- contracted early
intervention service provider, the early intervention service coordinator
shall
will
submit, within thirty
fourteen calendar days of the signed
individualized family service plan, form EI-04 ("Individualized Family Service
Plan, " July
2019), form EI-05 ("Consent to Use
Insurance for Early Intervention Services," July 2019), form EI-15
("Determination of Parent Ability to Pay for Early Intervention Services," July
2019), and form EI-16 ("Payment for Early Intervention Services, " July 2019
).
(a) The length, duration,
frequency, intensity, and method of
delivering the early intervention services.
(b)
The location
where the early intervention services will be provided.
(i) Made by the individualized family service
plan team; and
(ii) Based on the
child and family outcomes that are identified by the individualized family
service plan team in accordance with paragraph (K)(4) of this rule.
(6) To the extent
appropriate, the individualized family service plan shall
will:
(a) Identify the medical and other services
that the child or family needs or is receiving through other sources, but that
are neither required nor funded by the early intervention program and if those
services are not currently being provided, include a description of the steps
the early intervention service coordinator or family will take to assist the
child and family in securing those services; and
(b) Describe the steps the early intervention
service coordinator will take to assist the child and family in securing the
early intervention services which are identified as needed to achieve outcomes,
but are not yet coordinated.
(7) The individualized family service plan
shall
will
include the projected date for the initiation of each early intervention
service identified in accordance with paragraph (K)(5) of this rule, which date
shall
will be
as soon as possible after the parent consents to the service, but
shall
will
not exceed thirty calendar days, and the anticipated duration of each
service.
(8) The individualized
family service plan shall
will include the name of the early intervention
service coordinator who will be responsible for ensuring the implementation of
the early intervention services identified in the individualized family service
plan, including transition services and coordination with other agencies and
persons.
(9) The contents of the
individualized family service plan shall
will be explained and prior written notice of the
proposed services using form EI-11 ("Prior Written
Notice for Proposed Change to Services," July 2019) given to the
parent.
and
the
The parent's written consent
shall
will be
obtained using form EI-04 ("Individualized Family Service Plan, " July 2019)
prior to the provision of early intervention services described in the
individualized family service plan.
(10) After the parent signs the
individualized family service plan, the early intervention service coordinator
shall
will
ensure that the parent, early intervention service providers, and with the
parent's consent using form EI-06 ("Consent for
Release of Records and Consent for Release and/or Exchange of Information,"
July 2019)
("Consent for Release or Exchange
of Information"), other participants are provided with a copy of the
individualized family service plan at no cost and
within ten calendar days.
(L) Transition to preschool and other
programs
(1) Disclosure of personally
identifiable information to the local educational agency and the Ohio
department of education and workforce
(c)(b) If a child is
determined eligible for early intervention services in accordance with
paragraph (C)
(D) of this rule more than forty-five calendar days
and fewer than ninety calendar days before the child's third birthday and the
child may be eligible for preschool services under part B, as soon as possible
after determining the child's eligibility, the early intervention service
coordinator shall ensure the parent's consent is
obtained using form EI-07 ("Consents for Transition," July 2019) before the
disclosure of personally identifiable information to the local educational
agency and the Ohio department of education as required in accordance with
paragraph (F)(2)(b) of rule 5123-10-01 of the Administrative Code and
notifying
will notify the local
educational agency that the child will reach the age of eligibility for
services under part B on the child's third birthday. The notification will include only the child's name, date of
birth, statewide student identifier, and the parent contact information.
The department shall
will make a corresponding notification to the
Ohio department of education and
workforce.
(d)(c) If a child is
referred to the early intervention program forty-five or fewer calendar days
before the child's third birthday and that child may be eligible for preschool
services under part B, the early intervention services central intake site
and/or early intervention service coordinator
shall
will ensure referral of the child
to the local educational agency after obtaining the parent's consent using form
EI-08 ("Consent to Refer Child to the Local Educational Agency and the Ohio
Department of Education and Workforce, " July 2019
). The department shall
will make a corresponding notification to the
Ohio department of education and workforce. Under
these circumstances, the early intervention program is not required to conduct
an evaluation, assessment, or initial individualized family service plan
meeting.
(a) The early intervention service
coordinator shall explain the role of the local educational agency in
determining eligibility for preschool services under part B and ensure the
parent's consent is obtained using form EI-07 ("Consents for Transition," July
2019) before the disclosure of personally identifiable information to the local
educational agency and the Ohio department of education as required in
accordance with paragraph (F)(2)(b) of rule 5123-10-01 of the Administrative
Code either:
(i) At the individualized family
service plan meeting closest to the child's second birthday; or
(ii) Whenever a child is determined
eligible at or after twenty-four months of age.
(b) For a child who may be eligible
for preschool services under part B and for whom the parent has given consent
to share personally identifiable information using form EI-07 ("Consents for
Transition," July 2019):
(i) An early intervention service
provider responsible for service coordination shall notify the local education
agency where the child resides at least ninety calendar days prior to the
child's third birthday. The department shall make a corresponding notification
to the Ohio department of education.
(ii) An early intervention service
provider responsible for service coordination shall on or before, but not more
than ten calendar days in advance of, the first day of February, May, August,
and November of each year, identify each child turning three years of age
within one year from the first day of the respective month and notify the local
education agency where the child resides. The department shall make a
corresponding notification to the Ohio department of education.
(a)
For a
child who may be eligible for preschool services under part B, an early
intervention service provider responsible for service coordination will on or
before, but not more than ten calendar days in advance of, the first day of
February, May, August, and November of each year, identify each child turning
three years of age within one year from the first day of the respective month
and notify the local educational agency where the child resides. The
notification will include only the child's name, date of birth, statewide
student identifier, and the parent contact information. The department will
make a corresponding notification to the Ohio department of education and
workforce.
(d)
If a child is referred to the early intervention
program ninety or fewer calendar days but more than forty-five calendar days
before the child's third birthday, a transition planning conference is not
required but the early intervention service coordinator will coordinate the
eligibility determination process. If the child is eligible for early
intervention services, the early intervention service coordinator will:
(i)
Coordinate
assessment of the child and the family-directed assessment and the development
of the initial individualized family service plan with transition plan
(including steps and services).
(ii)
Notify the local
educational agency that the child will reach the age of eligibility for
services under part B on the child's third birthday. The notification will
include only the child's name, date of birth, statewide student identifier, and
the parent contact information. The department will make a corresponding
notification to the Ohio department of education and workforce.
(2) Individualized
family service plan transition planning
(a)
Not fewer than ninety calendar days, but not more than nine months before a
child's third birthday, the individualized family service plan
shall
will
include at least one transition outcome to create a plan to support a smooth
transition of the child from early intervention services under part C to
preschool services under part B or to other appropriate services. The early
intervention service coordinator shall
will ensure that transition outcomes include the
steps that will be taken and the services that will be provided for:
(i) Needed discussions with, and training of,
the parent, as appropriate, regarding future
placements and other matters related to the child's transition;
(ii) Procedures to prepare the child for
changes in service delivery, including steps to help the child adjust to and
function in a new setting;
(iii)
The identification of the transition services, steps, or activities that the
individualized family service plan team determines are necessary to support the
transition of the child; and
(iv)
Confirmation that, with parent consent,
child find information about the child,
including
and with parent consent, a
copy of the most recent evaluation and assessments of the child and the family
and the most recent individualized family service plan, has been transmitted to
the local educational agency.
(b) If a child may be eligible for preschool
services under part B, after obtaining the parent's consent using form EI-07
("Consents for Transition," July 2019)
("Consent for Transition Planning Conference"),
the early intervention service coordinator shall
will ensure
that a transition planning conference is conducted during an individualized
family service plan meeting in accordance with paragraphs (J)(4) to (J)(9) and
(K) of this rule. The transition planning conference shall
will occur not
fewer than ninety calendar days and not more than nine months prior to the
child's third birthday and shall
will include the local educational agency to
discuss any services the child may receive under part B.
(c) If a child is determined not to be
potentially eligible for preschool services under part B, or a parent has
chosen not to share personally identifiable
information with the local educational agency
not consented to inviting the local educational agency to
the transition planning conference, after obtaining the parent's consent
using form EI-07 ("Consents for Transition," July
2019)
("Consent for Transition Planning
Conference"), the early intervention service coordinator
shall
will
ensure that a transition planning conference is conducted during an
individualized family service plan meeting in accordance with paragraphs (J)(4)
to (J)(9) of this rule. The transition planning conference
shall
will
occur not fewer than ninety calendar days and not more than nine months prior
to the child's third birthday.
(M) Interim individualized family service
plan
(1) An interim individualized family
service plan may be developed on form EI-04 ("Individualized Family Service
Plan, " July
2019) after written notice is provided to the parent using form EI-13
("Individualized Family Service Plan Meeting Notice, " July 2019)
and exceptional family circumstances make it impossible to complete the child
assessment before the needed services begin.
(2) An interim individualized family service
plan is available for a child who is eligible because of a diagnosed physical
or mental condition listed in appendix C to this
rule when:
.
(a) The contents of the interim
individualized family service plan are
will be explained and prior written notice of the
proposed services using form EI-11 ("Prior Written
Notice for Proposed Change to Services," July 2019) given to the
parent.
and
the
The parent's written consent
is
will be
obtained using form EI-04 ("Individualized Family Service Plan, " July 2019)
prior to the provision of early intervention services described in the interim
individualized family service plan.
(b) An interim individualized family service
plan is
will
be developed that includes:
(i) The name
of the service coordinator who will be responsible for implementing the interim
individualized family service plan and coordinating with other agencies and
persons; and
(ii) The early
intervention outcomes and services that have been determined to be needed
immediately by the child and the child's family.
(c) Assessments are
will be completed
within the forty-five-day timeline in accordance with paragraph
(D)(1)
(E)(1)
of this rule.
(N) Service coordination
(14)(15) Referring the
child and the child's family to "Help Me Grow Home Visiting" and other programs
in which the parent is interested and for which the child and family may be
eligible after obtaining parent permission; and
(15)(16) Documenting the
performance of the activities described in paragraphs (N)(1) to
(N)(14)
(N)(15) of this rule and any other early intervention
program activities.
A child referred to the early intervention program and the
child's family shall
will be provided with one early intervention
service coordinator who is responsible for:
(1) Serving as the single point of contact
for the child's family for carrying out the activities described in paragraphs
(N)(2) to (N)(15)
(N)(16) of this rule;
(2) Assisting the parent of the child in
obtaining access to needed early intervention services and other services
identified in the individualized family service plan, including making
referrals to providers for needed services and scheduling appointments for the
child and the child's family;
(3)
Coordinating the provision of early intervention services and other services
(such as educational, social, and medical services that are not provided for
diagnostic or evaluation purposes) that the child needs or is being
provided;
(4) Coordinating
evaluations and assessments and providing results to
the parent as summarized on form EI-03 ("Prior Written Notice of Eligibility
Determination") and form EI-04 ("Individualized Family Service
Plan");
(5) Facilitating and
participating in the development, review, and evaluation of individualized
family service plans;
(6)
Conducting referral and other activities to assist families in identifying
available early intervention service providers;
(7) Coordinating, facilitating, and
monitoring the delivery of needed early intervention services and other
services identified in the individualized family service plan to ensure that
the services are provided in a timely manner;
(8) Conducting follow-up activities to
determine that appropriate early intervention services are being
provided;
(9) Informing families of
their rights and procedural safeguards as set forth in rule
5123-10-01 of the Administrative
Code;
(10) Coordinating the funding
sources for needed early intervention services in accordance with rule
5123-10-03 of the Administrative
Code and other services identified in the individualized family service
plan;
(11) Facilitating the
development of a transition plan to preschool, school, or, if appropriate,
other services in accordance with paragraph (L) of this rule;
(12) Coordinating the information gathering
and completion of the child outcomes summary information to assess the child's
development at the initial individualized family service plan meeting, annual
individualized family service plan meeting, and at the time of the child's exit
from the early intervention program;
(13) Providing follow-up, after obtaining the
parent's consent, to a professional referral source on form EI-14
("Professional Referral Follow-Up, "
July 2019) within
sixty
ten
calendar days after receiving the early intervention
program referral
the initial individualized
family service plan meeting or after the child is exited, whichever comes
first;
(14)
Providing a copy of the initial and annual
individualized family service plans, or a summary of the assessment of the
child, the family-directed assessment, and the early intervention services, to
the child's pediatrician or primary care provider after obtaining parent
consent;
(O)
Maintaining early intervention records
(1) An
early intervention service coordinator shall
will maintain
one record for each child in the early intervention program, which includes, as
applicable:
(a) Copies of required forms and
all early intervention program correspondence;
(b) Early intervention service coordination
case notes that document all early intervention
program activities in accordance with paragraph (N)(15)
(N)(16) of
this rule and are completed within thirty calendar days
of the activity;
(c)
Documentation of eligibility, including form EI-12 ("Documentation of Diagnosed
Condition, " July 2019); and
(d) All individualized family service plans
on form EI-04 ("Individualized Family Service Plan, " July 2019
), signed by the individualized family service plan team, including the
parent.
(2)
Early
Other
early intervention service providers, other
than early intervention service coordinators, shall
will maintain early
intervention case notes that are completed within thirty calendar days of the
activity as well as the following records for each child
in the early intervention program
that they serve:
(b)(a) Current
individualized family service plan;
(c)(b) Copies of relevant
forms and all early intervention program correspondence; and
(d)(c)
Documentation of the early intervention services provided, including the date,
length, duration, frequency, intensity,
method of delivery, location, and all activities related to
implementing the individualized family service
plan outcomes.
(a) Documentation of
eligibility;
(3) Within ten business days of a request by
an early intervention service coordinator, an early intervention service
provider shall
will provide a copy of a child's early intervention
record.
(P) Exiting and
transferring from the early intervention program
(1) The early intervention service
coordinator shall
will exit a child from the early intervention program
when:
(a) The child is deceased; or
(b) The child reached three years of
age.
(2) The early
intervention service coordinator shall
will provide prior written notice using form
EI-10 ("Prior Written Notice of Exiting, "
July 2019) and then exit a child from the
early intervention program when any one of the following occurs:
(f)(d) The parent
determined that the family is not in need of individualized family service plan
outcomes at this time;
(g)(e) The child's
individualized family service plan outcomes were met and
the child's individualized family service plan team
agreed the child does not need additional outcomes
no additional individualized family service plan
outcomes are needed;
(i)(g) The parent could
not be located, including in order to provide required consent in accordance
with paragraph (P)(3) of this rule;
(j)(h) The child moved out
of the state of Ohio; or
(k)(i) The child
transitioned to part B services with an individualized education program prior
to three years of age.
(a) The child was screened in accordance with
paragraphs (D) and (E)
and (F) of this rule and not suspected of having
a developmental delay or disability and the parent did not request an
evaluation in accordance with paragraphs (D), (F),
and (G)
(E), (G), and (H) of this rule;
(b) The parent did not provide
consent required in accordance with paragraph (F) of this rule;
(b)
The evaluation for eligibility and/or the initial or
annual assessment of the child was not completed in accordance with paragraphs
(D) and (F) of this rule;
(c)
The child was determined not to be eligible to receive early intervention
services in accordance with paragraph (C)
(D) of this rule;
(d) The required re-determination of
eligibility was not completed in accordance with paragraphs (C)(1)(b)(iii) and
(C)(1)(c)(ii) of this rule;
(e) The annual child assessment
procedures were not completed in accordance with paragraphs (D), (F), and (I)
of this rule;
(h) The parent terminated
participation in the early intervention program;
(f)
The parent is no
longer interested in or able to participate in early
intervention;
(3) When the early intervention service
coordinator cannot locate a parent to obtain required consent, the early
intervention service coordinator shall
will use form EI-10 ("Prior Written Notice of
Exiting, " July
2019) to provide prior written notice to the parent that the child
will be exited if the parent does not contact the early intervention service
coordinator within ten calendar days from the date of the notice.
(4) If a child in the early intervention
program transfers to another Ohio county, the current early intervention
service coordinator shall
will retain the child's original early
intervention record kept in accordance with paragraph (O)(1) of this rule and
provide an electronic or paper copy of the child's early intervention record to
the new county within ten calendar days from the date of record request from
the new county of residence. Information kept in the statewide data system
shall
will be
updated by the current early intervention service coordinator before transfer
of the child's record. The receiving early intervention service coordinator
shall
will,
within forty-five calendar days of the transfer, ensure completion of:
(a) A review of existing eligibility and
assessment information;
(b) Updated
assessments as necessary; and
(c) A
review of the individualized family service plan.
(Q) Authority of director to waive
or modify provisions of this rule During the COVID-19 state of emergency
declared by the governor, the director of the department may:
(1) Waive requirements set forth in
this rule to complete specified early intervention forms if the required
information, notice, or consent described in a form is otherwise provided or
secured and documented in writing;
(2) Waive the requirement in
paragraph (B)(14)(c) of this rule for a periodic review to change the methods
of delivering early intervention services or the locations of early
intervention services;
(3) Waive the requirement in
paragraph (C)(1)(b)(iii) of this rule that children who are determined to be
eligible in accordance with paragraph (C)(1)(b) of this rule have their
eligibility determined annually when doing so is not feasible;
(4) Waive the requirement in
paragraph (C)(1)(c)(ii) of this rule that children who are determined to be
eligible in accordance with paragraph (C)(1)(c)(i) of this rule have their
eligibility determined annually when doing so is not feasible;
(5) Waive the requirement in
paragraph (J)(7) of this rule that the parent of the child and the early
intervention service coordinator shall be physically present at the initial and
annual individualized family service plan meeting and instead allow parents and
early intervention service coordinators to participate by telephone or video
conference; and/or
(6) Modify the limitation in
paragraph (M)(2) of this rule that restricts availability of an interim
individualized family service plan to a child who has a diagnosed physical or
mental condition listed in appendix C to this rule so that an interim
individualized family service plan is also available to a child for whom
documentation of the diagnosed condition is listed on form EI-12
("Documentation of Diagnosed Condition," July 2019).
Notes
Promulgated Under: 119.03
Statutory Authority: 5123.04, 5123.0421
Rule Amplifies: 5123.04, 5123.0421
Prior Effective Dates: 07/01/2019, 06/11/2020 (Emer.), 11/19/2020
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