Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 140 - EARLY INTERVENTION SERVICES FOR INFANTS AND TODDLERS › Section 11-140-2 - Definitions

Current through June, 2024
As used in this chapter: "Assessment" means the ongoing
				  procedures used by appropriate and qualified personnel throughout the period of
				  the child' s eligibility to identify the child' s unique strengths and needs
				  and the Services appropriate to meet those needs; the resources, priorities,
				  and concerns of the family; and the support and Services necessary to enhance
				  the family' s capacity to meet the developmental needs of their child with
				  delayed development.
"Biological risk" means the prenatal, perinatal, neonatal,
				  or early developmental events suggestive of biological insults to the central
				  nervous System that increase the probability of delayed development. Also
				  referred to as "physical or mental conditions that have a high probability of
				  resulting in a developmental delay".
"Case management" means an ongoing service of shared
				  responsibility between families and Professionals that identifies needs and
				  assists in obtaining coordinated, appropriate Services and resources. Also
				  referred to as 'service coordination" or as "care coordination".
"Case manager" means a person who provides case management.
				  Also referred to as a 'service coordinator" or as a "care coordinator".
"Child with special needs" means an infant or toddler from
				  birth to the age of three years with delayed development or with a biological
				  risk.
"Consent" means that the parent has agreed in writing to
				  carrying out a specific activity pursuant to section
				  11-140-8(d).
"Delayed development" means a significant delay in one or
				  more of the following areas of development: Cognition, speech, language,
				  physical, motor, vision, hearing, psychosocial, or self-help skills. Also
				  referred to as "developmental delay".
"Department" means the department of health.
"Early Intervention Services" means Services that:
(1) Are provided under public supervision;
(2) Are selected in collaboration with parents;
(3) Are provided at no cost to families, except where federal
				  or State law provides for a System of payments by families, including a
				  schedule of sliding fees;
(4) Are designed to meet the developmental needs of Part C
				  eligible children and the needs of the family to assist appropriately in the
				  child' s development, as identified by the IFSP team;
(5) Are provided by qualified personnel;
(6) Are provided to the maximum extent possible in natural
				  environments; and
(7) Are provided in conformity with an individual family
				  support plan and include but are not limited to: assistive technology device
				  and Service; audiology Services; family training, counseling, and home Visits;
				  health Services; medical Services to determine a child' s developmental Status
				  and need for early Intervention Services; 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.
"Evaluation" means the procedures used by qualified
				  personnel to determine a child' s initial and continuing eligibility under this
				  chapter.
"Exceptional family circumstances" means the allowable
				  circumstances that make it impossible to complete the evaluation or the
				  individual family support plan within the federally and State required
				  forty-five day timeline after the Part C referral date. Exceptional family
				  circumstances include but are not limited to: child or family illness; family
				  on vacation; family schedule conflict; and missed or cancelled
				  appointment.
"FERPA" means the Family Educational Rights and Privacy Act,
				  2 0 United States Code section 1232g and 34 C.F.R. part 99, that ensures the
				  protection of the confidentiality of any personally identifiable data,
				  Information, and records collected or maintained by educational agencies,
				  including the department and early Intervention providers from the time the
				  child is referred for early Intervention Services until the later of when the
				  department or early Intervention Provider is no longer required to maintain or
				  no longer maintains that Information under applicable federal and State
				  laws.
"Home school" means the elementary school within the
				  geographical attendance area which the child would attend, if of school age,
				  according to the child' s legal residence or the school of origin, if residing
				  in a homeless Situation.
"IDEA" or "Act" means the Individuals with Disabilities
				  Education Act,
				  20 United States Code section
				  1400 et seq., and its regulations.
"Impartial" means that the person appointed to implement the
				  due process hearing is not an employee of the department or an early
				  Intervention provider involved in the Provision of early Intervention Services
				  or care of the child, and does not have a personal or professional interest
				  that would conflict with the person' s objectivity in implementing the process.
				  A person who otherwise qualifies is not an employee of an agency solely because
				  the person is paid by the agency to implement the due process hearing
				  procedures or mediation procedures.
"Individual family support plan" or "IFSP" means a written
				  plan of action for providing early Intervention Services and supports to Part C
				  eligible children and their families. The plan, developed by families and
				  Professionals, emanates from the families' expressions of needs and goals and
				  is based on the multidisciplinary evaluation of the child and an assessment of
				  the child' s family. Also referred to as "individualized family support plan"
				  or "individualized family Service plan".
"Interim individual family support plan" means an individual
				  family support plan that is developed prior to the completion of the evaluation
				  and assessment because early Intervention Services have been determined by the
				  multidisciplinary team to be needed immediately by the child and the child' s
				  family.
"Multidisciplinary team" means two or more Service providers
				  from separate professions or disciplines who are qualified Professionals and
				  are identified by the case manager in collaboration with the family.
"Native language" means the language or mode of
				  communication normally used by the parent of a child eligible under this
				  chapter.
"Natural environments" means settings that are natural or
				  normal for the child' s same age peers who have no disabilities.
"Parent" means a biological or adoptive parent, a foster
				  parent who meets State requirements, a guardian (but not the State if the child
				  is a ward of the State), an individual acting in the place of a biological or
				  adoptive parent (including a grandparent, stepparent, or other relative) with
				  whom the child lives or an individual who is legally responsible for the
				  child's welfare, or a Surrogate parent who has been appointed in accordance
				  with section
				  11-140-3.
"Part B" means the sections of the IDEA that refer to the
				  responsibilities of the Department of Education in serving children from age
				  three to twenty-one with special needs (Part B of
				  P.L.
				  108-446, and its regulations).
"Part C" means the sections of the IDEA that refer to early
				  Intervention Services for infants and toddlers (Part C of
				  P.L.
				  108-446;
				  20 United States Code sections
				  1431 to
				  1444;
				  34 C.F.R. part 303 ).
"Part C eligible child" means a child under three years of
				  age who needs early Intervention Services because the child is experiencing
				  delayed development, as measured by appropriate diagnostic Instruments and
				  procedures, in one or more of the following areas: cognitive development,
				  physical development including vision and hearing, communication development,
				  social or emotional development and adaptive development. A Part C eligible
				  child may also include a child who has a diagnosed physical or mental condition
				  that has a high probability of resulting in developmental delay.
"Part C program" means the department' s program for early
				  Intervention Services.
"Part C referral date" means the date the Part C program
				  receives the referral of the child.
"Profession or discipline" means a specific occupational
				  category that provides early Intervention Services to children eligible under
				  this chapter and their families, has been established or designated by the
				  department, and has a required scope of responsibility and degree of
				  supervision.
"Psychologist" means an individual who meets the licensure
				  requirements of chapter 465, HRS.
"Psychosocial development" means the psychological and
				  social aspects in the development of a child (e.g., laughs, smiles, interacts
				  with other children, etc.). Also referred to as 'social emotional
				  development".
"Qualified provider" means a person who has met State
				  approved or recognized certification, licensing, registration, or other
				  comparable requirements that apply to the area in which the individual is
				  conducting evaluations or assessments or providing early Intervention
				  Services.
"Self-help development" means the development of skills for
				  caring for oneself (e.g., dressing, toileting, feeding self). Also referred to
				  as "adaptive development".
"Speech or language development" means the child' s ability
				  to speak or use language to communicate. Also referred to as "communication
				  development".