NY Pub Health L § 2541 (2021)
2021 New York Laws PBH - Public Health Article 25 - Maternal and Child Health Title 2-A - Early Intervention Program for Infants and Toddlers With Disabilities and Their Families 2541 - Definitions.

§  2541.  Definitions. As used in this title the following terms shall have  the  following  meanings,  unless  the  context  clearly  requires otherwise:   1.  "Children  at risk" means children who may experience a disability because of  medical,  biological  or  environmental  factors  which  may produce  developmental  delay, as determined by the commissioner through regulation.   2.  "Coordinated  standards  and  procedures"  means   standards   and procedures  developed  by  state  early  intervention  service  agencies pursuant to section twenty-five hundred fifty-one of this title.   3.  "Council"  means  the  early  intervention  coordinating   council established under section twenty-five hundred fifty-three of this title.   4.   "Developmental  delay"  means  that  a  child  has  not  attained developmental milestones expected for the child's chronological age,  as measured   by   qualified  professionals  using  appropriate  diagnostic instruments and/or procedures and informed clinical opinion, in  one  or more  of  the  following  areas  of  development:  cognitive,  physical, communication, social or emotional, or adaptive.   5. "Disability" means:  (a) a developmental delay; or  (b)  a  diagnosed  physical  or  mental  condition  that  has  a  high probability  of  resulting in developmental delay, such as Down syndrome or other chromosomal abnormalities, sensory impairments,  inborn  errors of metabolism or fetal alcohol syndrome.   6.  "Early  intervention  official"  means  an  appropriate  municipal official designated by the chief executive officer of a municipality and an appropriate designee of such official.   7. "Early intervention services" means developmental services that:  (a) are provided under public supervision;  (b) are selected in collaboration with the parents;  (c) are designed to meet a child's developmental needs in any  one  or more of the following areas:  (i) physical development, including vision and hearing,  (ii) cognitive development,  (iii) communication development,  (iv) social or emotional development, or  (v) adaptive development;  (d) meet the coordinated standards and procedures;  (e) are provided by qualified personnel;  (f) are provided in conformity with an IFSP;  (g)  are,  to  the  maximum  extent  appropriate,  provided in natural environments, including the home and community settings  where  children without disabilities would participate;  (h) include, as appropriate:  (i)  family  training,  counseling,  home  visits  and  parent support groups,  (ii) special instruction,  (iii) speech pathology and audiology,  (iv) occupational therapy,  (v) physical therapy,  (vi) psychological services,  (vii) case management  services,  hereafter  referred  to  as  service coordination services,  (viii) medical services for diagnostic or evaluation purposes, subject to  reasonable  prior  approval requirements for exceptionally expensive services, as prescribed by the commissioner,  (ix) early identification, screening, and assessment services,  (x) health services necessary to  enable  the  infant  or  toddler  to benefit from the other early intervention services,  (xi) nursing services,  (xii) nutrition services,  (xiii) social work services,  (xiv) vision services,  (xv) assistive technology devices and assistive technology services,  (xvi)  transportation and related costs that are necessary to enable a child and the child's family to receive early intervention services, and  (xvii) other appropriate services approved by the commissioner.  (i) are cost-effective.   8. (a) "Eligible child" means an infant or toddler from birth  through age two who has a disability; provided, however, that any toddler with a disability  who  has been determined to be eligible for program services under section forty-four hundred ten of the education law and:  (i) who turns three years of age on or before the thirty-first day  of August  shall,  if requested by the parent, be eligible to receive early intervention services contained in  an  IFSP  until  the  first  day  of September of that calendar year; or  (ii)  who  turns  three  years  of  age  on  or after the first day of September shall, if requested by the parent  and  if  already  receiving services  pursuant to this title, be eligible to continue receiving such services until the second day of January of the following calendar year.  (b)  Notwithstanding  the  provisions  of  paragraph   (a)   of   this subdivision,   a   child  who  receives  services  pursuant  to  section forty-four hundred ten of the education law shall  not  be  an  eligible child.   9.  "Evaluation"  means  a  multidisciplinary  professional, objective assessment conducted by appropriately qualified personnel and  conducted pursuant  to  section  twenty-five  hundred  forty-four of this title to determine a child's eligibility under this title.   10. "Evaluator" means a team of two  or  more  professionals  approved pursuant  to  section  twenty-five  hundred  fifty-one  of this title to conduct screenings and evaluations.   11. "IFSP" means the individualized family  service  plan  adopted  in accordance with section twenty-five hundred forty-five of this title.   12.  "Lead  agency"  means the department of health, the public agency responsible for the administration of the early intervention  system  in collaboration with the state early intervention service agencies.   13.  "Municipality" means a county outside the city of New York or the city of New York in the case of a county contained within  the  city  of New York.   13-a. Subject to federal law and regulations, "natural environment" or "natural  setting"  means  a  setting  that is natural or normal for the child's age peers who have no disability.   14. "Parent" means parent or person in parental relation to the child. With respect to a child who has  no  parent  or  person  in  a  parental relation, "parent" shall mean the person designated to serve in parental relation  for the purposes of this title, pursuant to regulations of the commissioner promulgated in consultation with the commissioner of social services for children in foster care.   15. "Qualified personnel" means:  (a) persons  holding  a  state  approved  or  recognized  certificate, license or registration in one of the following fields:  (i) special education teachers;  (ii) speech and language pathologists and audiologists;  (iii) occupational therapists;  (iv) physical therapists;  (v) social workers;  (vi) nurses;  (vii) dieticians or nutritionists;  (viii)   other   persons  designated  by  the  commissioner  who  meet requirements that apply to the area in which  the  person  is  providing early  intervention  services,  where  not  in  conflict  with  existing professional licensing, certification and/or registration requirements.  (b) persons holding a state approved license in one of  the  following fields:  (i) psychologists; or  (ii) physicians.   16. "Service coordinator" means a person who:  (a) meets the qualifications established in federal law and regulation and demonstrates knowledge and understanding of:  (i)  infants  and toddlers who may be eligible for services under this title;  (ii) principles of family-centered services;  (iii) part H of the federal individuals  with  disabilities  education act and its corresponding regulations;  (iv) the nature and scope of services available under this title; and  (v)  the requirements for authorizing and paying for such services and other pertinent information;  (b) is responsible for:  (i) assisting eligible children and their families in  gaining  access to services listed on the IFSP;  (ii) coordinating early intervention services with other services such as medical and health services provided to the child;  (iii) coordinating the performance of evaluations and assessments;  (iv)  participating  in  the development, monitoring and evaluation of the IFSP;  (v) assisting the parent in identifying available service providers;  (vi) coordinating service delivery;  (vii) informing the family of advocacy services;  (viii) where appropriate, facilitating the transition of the child  to other appropriate services; and  (ix)  assisting  in resolving any disputes which may arise between the family and service providers, as necessary and appropriate; and  (c) meets such other standards as are specified  pursuant  to  section twenty-five hundred fifty-one of this title.   17.  "State early intervention service agencies" means the departments of health, education and social  services  and  the  offices  of  mental health  and  alcoholism  and substance abuse services and the office for people with developmental disabilities.   18. "Year" shall mean the twelve-month period  commencing  July  first unless otherwise specified.