California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 2 - Early Intervention Services › Subchapter 1 - General Provisions › Article 1 - Definitions › Section 52000 - Meaning of Words

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Words shall have their usual meaning unless the context of a definition clearly
					 indicates a different meaning. Words used in their present tense include the
					 future tense; words in the singular form include the plural form. Use of the
					 word "shall" denotes mandatory conduct; "may" denotes permissive
					 conduct.
(b) The following
					 definitions shall apply to the words used in this chapter:
(1) Acidemia means an excessive acidity of
					 the blood wherein the acid-base balance of the body is disturbed.
(2) Adaptive development means the
					 acquisition of skills that are required to meet environmental demands. Adaptive
					 development includes, but is not limited to, activities of self-care, such as
					 dressing, eating, toileting, self-direction, environmental problem-solving and
					 attention/arousal.
(3) Asphyxia
					 neonatorum means a condition caused by insufficient oxygen at or near the time
					 of birth.
(4) Assessment means the
					 ongoing procedures used by qualified personnel throughout the period of an
					 infant's or toddler's eligibility for early intervention services to identify
					 the infant's or toddler's unique strengths and needs and the services
					 appropriate to meet those needs. Assessment also includes the identification of
					 the family's resources, priorities, and concerns regarding the development of
					 the infant or toddler and the supports and services necessary to enhance the
					 family's capacity to meet the developmental needs of the eligible infant or
					 toddler. Initial assessment refers to the assessment of the child and the
					 family assessment conducted prior to the child's first individualized family
					 service plan (IFSP) meeting.
(5)
					 Assistive technology device means any 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
					 an infant or toddler with a disability. The term does not include a medical
					 device that is surgically implanted, including a cochlear implant, or the
					 optimization (e.g., mapping), maintenance, or replacement of that
					 device.
(6) Assistive technology
					 service means any service that directly assists an infant or toddler with a
					 disability in the selection, acquisition, or use of an assistive technology
					 device. The term includes:
(A) The evaluation
					 of the needs of an infant or toddler with a disability, including a functional
					 evaluation of the infant or toddler with a disability in the infant's or
					 toddler's customary environment;
(B) Purchasing, leasing, or otherwise
					 providing for the acquisition of assistive technology devices;
(C) Selecting, designing, fitting,
					 customizing, adapting, applying, maintaining, repairing, or replacing assistive
					 technology devices;
(D)
					 Coordinating and using other therapies, interventions, or services with
					 assistive technology devices, such as those associated with existing education
					 and rehabilitation plans and programs;
(E) Training or technical assistance for an
					 infant or toddler with a disability or, if appropriate, that infant's or
					 toddler's family; and
(F) Training
					 or technical assistance for professionals, including individuals providing
					 education or rehabilitation services, or other individuals who provide services
					 to or are otherwise substantially involved in the major life functions of,
					 infants and toddlers with disabilities.
(7) Authorized representative means the
					 parent or guardian of a minor, or person who is legally entitled to act on
					 behalf of the infant, toddler or family.
(8) Biomedical insult is a general term
					 referring to those biological or medical conditions such as infection or brain
					 injury which may result in developmental delay or disability.
(9) Cognitive development means the
					 acquisition of learning through ongoing interactions with the environment.
					 Cognitive development involves perceiving, thinking, problem solving and
					 remembering information.
(10)
					 Communication development means the acquisition of expressive and/or receptive
					 language skills which include understanding and/or using any of the following:
					 gestures, facial expressions, speech reading, sign language, body postures and
					 vocal and visual contacts with another person.
(11) Complainant means any individual or
					 organization filing a written complaint pursuant to the provisions of
					 Subchapter 5, Article 3.
(12)
					 Concerns means areas that family members identify as needs, issues or problems
					 they want to address as part of the individualized family service plan (IFSP)
					 or the evaluation and assessment process which are related to meeting the
					 developmental needs of the infant or toddler.
(13) Consent means:
(A) The parent has been fully informed of all
					 information relevant to the activity for which consent is sought in the
					 parent's native language;
(B) The
					 parent understands and agrees in writing to carry out the activity for which
					 the parent's consent is sought, and the consent describes that activity and
					 lists the early intervention records, if any, that will be released and to whom
					 they will be released; and
(C) The
					 parent understands that the granting of consent is voluntary and may revoke it
					 at any time. If a parent revokes consent, that revocation is not
					 retroactive.
(14) Day
					 means calendar day unless otherwise stated.
(15) Early intervention records means
					 information that is directly related to an infant or toddler. These may
					 include, but are not limited to, records relating to identification, evaluation
					 and services.
(16) Early
					 intervention services means those services provided under public supervision,
					 designed to meet the developmental needs of each eligible infant or toddler and
					 the needs of the family related to the infant's or toddler's development. The
					 services include but are not limited to assistive technology device and
					 service; audiology; family training; counseling and home visits; health
					 services; medical services only for diagnostic or evaluation purposes; nursing
					 services; nutrition services, occupational therapy; physical therapy;
					 psychological services; service coordination; sign language and cued language
					 services; social work services; special instruction; speech-language pathology
					 services; transportation and related costs; and vision services. Early
					 intervention services may include such services as respite and other family
					 support services. The services are designed to meet the development needs of an
					 infant or a toddler with a disability as defined in Government Code, Chapter 4,
					 Eligibility §
												95014(a)(1) and
					 in §
												52082(b)(3) for
					 these regulations.
(17) Evaluation
					 means procedures used by qualified personnel to determine an infant's or
					 toddler's initial and continuing eligibility. An initial evaluation refers to
					 the child's evaluation to determine his or her initial eligibility for early
					 intervention services. The evaluation applies to infants and toddlers with a
					 disability as specified in §
												52020 and §
												52022 of these
					 regulations.
(18) Exceptional
					 family circumstances means events beyond the control of the regional center or
					 local educational agency (LEA). These include but are not limited to the
					 infant's or toddler's or parent's illness, the infant's or toddler's and
					 parent's absence from the geographical area, inability to locate the parent, or
					 a natural disaster. Delays caused by the failure to obtain copies of existing
					 records or other administrative events do not constitute exceptional
					 circumstances.
(19) Family means
					 the primary caregivers and others who assume major long-term roles in an
					 infant's or toddler's daily life.
(20) Fine motor means the use of muscles that
					 control small and detailed movements of the body, as an example, in the hand
					 related to manual dexterity and coordination.
(21) Funded Capacity means the number of
					 eligible infants, between 12 and 16 students per instructional unit, that the
					 California Department of Education requires LEAs to serve to maintain funding
					 for their classes/programs/services in a given year pursuant to Education Code
					 section
					 56728.8 as
					 it read on November 1, 1993.
(22)
					 Gross motor means the use of large muscle groups of the body, arms, or legs, as
					 in sitting up, walking, or balancing.
(23) Health services mean services necessary
					 to enable an otherwise eligible child to benefit from the other early
					 intervention services in Section
					 52000(b)(16)
					 during the time that the child is eligible to receive early intervention
					 services. Such services include clean intermittent catheterization,
					 tracheostomy care, tube feeding, the changing of dressings or colostomy
					 collection bags, and other health services. Such services also include
					 consultation by physicians with other service providers concerning the special
					 health care needs of infants and toddlers with disabilities that will need to
					 be addressed in the course of providing early intervention services. This term
					 does not include:
(A) Services that are
					 surgical in nature (such as cleft palate surgery, surgery for club foot, or the
					 shunting of hydrocephalus), purely medical in nature (such as hospitalization
					 for management of congenital heart ailments, or the prescribing of medicine or
					 drugs for any purpose), or related to the implementation, optimization (e.g.,
					 mapping), maintenance, or replacement of a medical device that is surgically
					 implanted, including a cochlear implant.
1.
					 Nothing in this section limits the right of an infant or toddler with a
					 disability with a surgically implanted device (e.g., cochlear implant) to
					 receive the early intervention services that are identified in the child's IFSP
					 as being needed to meet the child's developmental outcomes.
2. Nothing in this section prevents the early
					 intervention service provider from routinely checking that either the hearing
					 aid or the external components of a surgically implanted device (e.g., cochlear
					 implant) of an infant or toddler with a disability are functioning
					 properly;
(B) Devices
					 (such as heart monitors, respirators and oxygen, and gastrointestinal feeding
					 tubes and pumps) necessary to control or treat a medical condition;
					 and
(C) Medical-health services
					 (such as immunizations and regular "well-baby" care) that are routinely
					 recommended for all children.
(24) Health status means a description of the
					 physical and mental condition of an infant or toddler. Health status may
					 include current diagnoses, medications, required regular medical procedures,
					 current medical supplies and technological devices, primary and specialty care
					 providers, and immunization status, nutrition and oral health.
(25) Hearing impairment means a condition,
					 whether permanent or fluctuating, which impairs the processing of linguistic
					 information through hearing, even with amplification, and which adversely
					 affects an infant's or toddler's development. Processing linguistic information
					 includes speech and language reception and speech and language
					 discrimination.
(26)
					 Hyperbilirubinemia means a condition in which an excessive amount of bilirubin,
					 a bile pigment released from the breakdown of red blood cells, is in the
					 blood.
(27) Hypertonia means a
					 condition of excessive tone or tension in the skeletal muscles.
(28) Hypotonia means a condition of
					 diminished tone of the skeletal muscles.
(29) Hypoglycemia means a condition in which
					 the blood sugar is abnormally low.
(30) Immediate need means a situation in
					 which an infant or toddler requires early intervention services without delay
					 pursuant to a physician's order or written determination by the
					 multidisciplinary team specifying consequences of a delay in the provision of
					 services.
(31) Individual program
					 plan (IPP) means a plan developed for persons with developmental disabilities
					 to describe the provisions of services and supports to meet the written goals
					 and objectives pursuant to Welfare and Institutions Code sections
					 4646-
					 4648.
(32) Individualized education program (IEP)
					 means a written statement that is developed and implemented pursuant to Title
					 20 United States Code
					 Section
					 1401(b)(20).
(33) Individualized family service plan
					 (IFSP) means a written plan for providing early intervention services to
					 infants or toddlers and their families who have been determined eligible for
					 early intervention services. The plan must:
(A) Be developed in accordance with Sections
					 52100 through
					 52110; and,
(B) Be based on the evaluation and assessment
					 processes described in Sections
					 52082 through
					 52086 of these
					 regulations.
(34)
					 Informed clinical opinion means the judgment of a qualified professional who is
					 a member of the multidisciplinary team. Informed clinical opinion is based on
					 but is not limited to opinions derived from: a review of records, parental and
					 professional observation of the infant or toddler, and professional
					 knowledge.
(35) Language of the
					 parent's choice means a primary written or oral language or mode of
					 communication that the family chooses as a means of communication. Language of
					 the parent's choice may be the native language. 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.
(36) Local
					 educational agency (LEA) means the school district in which the infant or
					 toddler resides or the county office of education or the special education
					 local plan area (SELPA) that is responsible for providing early intervention
					 services to infants and toddlers with disabilities.
(37) Low incidence disability means a severe
					 disabling condition with an expected incidence rate of less than one percent of
					 the total statewide enrollment in kindergarten through grade 12. For purposes
					 of this definition, severe disabling conditions are hearing impairments, vision
					 impairments, and severe orthopedic impairments, or any combination
					 thereof.
(38) Mediation means a
					 voluntary resolution process in which an impartial third party may assist the
					 disagreeing parties to resolve issues prior to a due process hearing.
(39) Medical services means services provided
					 by a licensed physician for diagnostic or evaluation purposes to determine a
					 child's developmental status and need for early intervention
					 services.
(40) Multidisciplinary
					 team means two or more individuals from separate disciplines or professions,
					 and the parent, who participate in the provision of integrated and coordinated
					 services, including evaluation, assessment, and IFSP development. The
					 multidisciplinary team may include one individual who is qualified in more than
					 one discipline or profession.
(41)
					 Natural environments means settings that are natural or typical for the infant
					 or toddler's age peers who have no disability including the home and community
					 settings in which children without disabilities participate.
(42) Occupational therapy means services as
					 defined in Business and Professions Code, Division 2, Chapter 5.6. Occupational
					 Therapy, §
												2570.2
					 (
l
).
(43) Physical
					 therapy means services as defined in Business and Professions Code, Division 2,
					 Chapter 5.7. Physical Therapy, §
												2620(a).
(44) Parent means:
(A) A natural or adoptive parent of a
					 child;
(B) A guardian;
(C) A person acting in place of a parent
					 (such as a grandparent or stepparent with whom the child lives, or a person who
					 is legally responsible for the child's welfare);
(D) A surrogate parent who has been assigned
					 in accordance with 34 CFR
					 303.422 and
					 17 CCR 52175 of these regulations;
					 or
(E) A foster parent, when:
1. The foster parent has no interest that
					 would conflict with the interests of the child,
2. The natural parents' authority to make the
					 decisions required of parents has been limited or relinquished under State law,
					 and
3. The foster parent is willing
					 to make the decisions required of parents.
(45) Payor of last resort means the regional
					 center or LEA that is required to pay for early intervention services listed on
					 the IFSP when third party payers or other agencies do not have an obligation to
					 pay as required by 34 CFR
					 303.510.
(46) Personally identifiable means
					 information that includes:
(A) The full name
					 of the infant or toddler, infant's or toddler's parent, or other family
					 member;
(B) The address of the
					 infant or toddler;
(C) A personal
					 identifier, such as the infant's, toddler's or parent's social security number;
					 or
(D) A list of personal
					 characteristics or other information that would make it possible to identify
					 the infant or toddler with reasonable certainty.
(47) Physical development means the
					 acquisition of fine and gross motor skills involved in functional movement.
					 Physical development includes vision, hearing and health status.
(48) Priorities means a family's choice for
					 the focus of early intervention services as well as for the ways in which early
					 intervention services will be incorporated into the family's day-to-day
					 organization, routine and planning.
(49) Qualified means that a person meets
					 state certification, licensing, credentialing, registration, or other
					 comparable requirements for the area in which he or she is providing early
					 intervention services, or, in the absence of such approved or recognized
					 requirements, meets the Department of Developmental Services or California
					 Department of Education requirements. Qualified personnel who provide early
					 intervention services specifically include but are not limited to those listed
					 in Subchapter 2. Vendorization, Article 3, §
												54342 of these regulations, and
					 ophthalmologists; optometrists; orientation specialists; pediatricians;
					 psychologists; special educators; and speech and language
					 pathologists.
(50) Record means the
					 documentation in the infant's or toddler's regional center client file and/or
					 the LEA's cumulative file.
(51)
					 Regional center means a diagnostic, counseling and service coordination center
					 for persons with developmental disabilities and their families which is
					 established and operated pursuant to Chapter 5 of Division 4.5 of the Welfare
					 and Institutions Code, Sections
					 4620
					 through
					 4669,
					 by a private nonprofit community agency/corporation acting as a contractor for
					 the Department of Developmental Services.
(52) Referral means the receipt of oral or
					 written information that causes a record to be opened for an infant or toddler
					 who may be eligible for early intervention services.
(53) Resources means the strengths,
					 abilities, formal and informal supports of the family available to meet the
					 developmental needs of the infant or toddler.
(54) Severe orthopedic impairment means a
					 condition which adversely affects an infant's or toddler's development. Such
					 orthopedic impairments include impairments caused by congenital anomaly,
					 impairments caused by disease and impairments from other causes which may
					 affect functional movement and/or growth.
(55) Sign language and cued language services
					 include teaching sign language, cued language, and auditory/oral language,
					 providing oral transliteration services (such as amplification), and providing
					 sign and cued language interpretation.
(56) Speech-language pathology services
					 include identification of children with communication or language disorders and
					 delays in development of communication skills as defined in CCR, Title 16,
					 Division 13.4, Article 1, §
												1399.150.2(b),
					 referral for medical or other professional services necessary for the
					 habilitation or rehabilitation of children with communication or language
					 disorders and delays in development of communication skills; and provision of
					 services for the habilitation, rehabilitation, or prevention of communication
					 or language disorders and delays in development of communication skills. The
					 requirements for classification of vendors providing such services are as
					 defined in §
												54342(a)(31), (38), and
					 (75).
(57) Social or emotional development means
					 the acquisition of capacities for human relationships, emotional expression,
					 communication and learning. Social or emotional development is based on the
					 motivation to engage in positive interaction and to sustain personal
					 relationships and precedes the development of effective coping skills, self
					 esteem and the ability to take advantage of opportunities for learning.
					 Differences in temperament, self regulation, range and intensity of affect and
					 modulating one's response to the environment are additional factors influencing
					 social or emotional development.
(58) Solely low incidence disability means
					 one or a combination of low incidence disabilities which are vision impairment,
					 severe orthopedic impairment, and hearing impairment which is the primary
					 disability and has a significant impact on learning and development of the
					 infant or toddler as determined by the IFSP team of the LEA. The infant or
					 toddler who has a solely low incidence disability shall not be eligible for
					 services from a regional center.
(59) Teratogen means an agent or factor that
					 causes the production of physical defects in the developing embryo.
(60) Transportation and related costs include
					 the cost of travel and other costs that are necessary to enable an infant or
					 toddler with a disability and the child's family to receive early intervention
					 services.
(61) Vision impairment
					 means a visual condition which, even with correction, adversely affects the
					 infant's or toddler's development.
(62) Vision services mean evaluation and
					 assessment of visual functioning, referral for medical or other professional
					 services necessary for the habilitation or rehabilitation of visual functioning
					 disorders, or both; and communication skills training, orientation and mobility
					 training for all environments, visual training, and additional training
					 necessary to activate visual motor abilities.