reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3.1 - FIRST STEPS EARLY INTERVENTION SYSTEM › Rule 12 - Financial Administration › Section 12-1 - Payor of last resort; interim payments; nonreduction of benefits

Current through July 10, 2024
Authority: IC 12-13-2-3; IC 12-13-5-3
Affected: IC 12-17-15
Sec. 1.
(a) Except for interim payments described in subsection (b), funds provided by the United States Department of Education for early intervention services through Part C of the Act may not be used to satisfy a financial commitment for services that would otherwise have been paid for from another public or private source but for the provision of Part C funds by the United States Department of Education. Therefore, funds provided through state and federal Part C may be used only for early intervention services that an eligible child needs but is not currently entitled to receive under any other federal, state, local, or private source.
(b) In accordance with 34 CFR 303.527(b), if necessary to prevent a delay in the timely provision of services to an eligible child or the child's family, Part C funds may be used to pay a service provider, pending reimbursement from the agency or entity that has ultimate responsibility for the payment. Payment under this subsection may be made for the following:
(1) Required and individualized early intervention services.
(2) Eligible health services, as described in 34 CFR 303.13.
(3) Other functions and services authorized by Part C of the Act and 34 CFR 303.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3.1 - FIRST STEPS EARLY INTERVENTION SYSTEM › Rule 12 - Financial Administration › Section 12-2 - Funding sources

Current through July 10, 2024
Authority: IC 12-13-2-3; IC 12-13-5-3
Affected: IC 12-17-15
Sec. 2.
(a) The individualized services specified in 470 IAC 3.1-4-2, provided to eligible infants and toddlers and their families, shall be financed through multiple funding sources. Sources that may be available to finance individualized services, as appropriate, may include, but are not limited to, the following:
(1) Title XIX of the Social Security Act (Medicaid).
(2) Third party payors, including private health insurers.
(3) Any medical program administered by the Secretary of the United States Department of Defense.
(4) Cost participation by the parent of an eligible child that receives early intervention services, pursuant to and in accordance with IC  12-17-15 -17(b) through IC  12-17-15-17(e)
[IC  12-17-15 was repealed by P.L. 93-2006, SECTION 19, effective March 20, 2006.]
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Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3.1 - FIRST STEPS EARLY INTERVENTION SYSTEM › Rule 12 - Financial Administration › Section 12-3 - Service arrangements

Current through July 10, 2024
Authority: IC  12-13-2-3; IC  12-13-5-3
Affected: IC  12-17-15
Sec. 3.
The division shall establish policies and procedures pertaining to the contracting, or making of other arrangements, with public or private service providers to provide early intervention services. These policies shall include the following:
(1) A requirement that providers of all early intervention services meet established state standards, consistent with federal and state statutes, regulations, and rules directing the early intervention system.
(2) The mechanisms that will be used in arranging for services, including the process for awarding provider agreements.
(3) The basic requirements that must be met by any individual or organization seeking to provide early intervention services.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3.1 - FIRST STEPS EARLY INTERVENTION SYSTEM › Rule 12 - Financial Administration › Section 12-4 - Reports and records

Current through July 10, 2024
Authority: IC  12-13-2-3; IC  12-13-5-3
Affected: IC  12-17-15
Sec. 4.
(a) Service providers shall make reports and maintain records in such form and containing such information as may be required by the Secretary of the United States Department of Education, the office of the secretary of family and social services, and the division.
(b) Service providers shall maintain all reports and records, and afford access to those reports and records, as the Secretary of the United States Department of Education, the office of the secretary of family and social services, and the division may find necessary to assure the following:
(1) Compliance with the statutes, regulations, and rules directing the implementation of the early intervention system.
(2) Correctness and verification of reports.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3.1 - FIRST STEPS EARLY INTERVENTION SYSTEM › Rule 12 - Financial Administration › Section 12-5 - Fiscal controls; expenditures

Current through July 10, 2024
Authority: IC  12-13-2-3; IC  12-13-5-3
Affected: IC  12-17-15
Sec. 5.
(a) Service providers shall adopt fiscal control and fund accounting procedures to assure proper disbursement of, and accounting for, funds for early intervention services.
(b) Funds for early intervention services must be expended in accordance with the federal and state statutes, regulations, and rules established for each fund source.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3.1 - FIRST STEPS EARLY INTERVENTION SYSTEM › Rule 12 - Financial Administration › Section 12-6 - Reimbursement

Current through July 10, 2024
Authority: IC  12-13-2-3; IC  12-13-5-3
Affected: IC  12-17-15
Sec. 6.
The division shall establish and implement procedures to assure the timely reimbursement of the costs of early intervention services and methods and rates of reimbursement, if applicable, to reimburse early intervention service providers.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3.1 - FIRST STEPS EARLY INTERVENTION SYSTEM › Rule 12 - Financial Administration › Section 12-7 - Cost participation plan

Current through July 10, 2024
Authority: IC 12-13-2-3; IC 12-13-5-3
Affected: IC 12-17-15
Sec. 7.
(a) As used in this section, family of an eligible infant or toddler shall be composed of members who live in the same household as the eligible infant or toddler and include only the following members:
(1) Biological parent.
(2) Adoptive parent.
(3) Sibling.
(4) Half-sibling.
(5) Adoptive sibling.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3.1 - FIRST STEPS EARLY INTERVENTION SYSTEM › Rule 13 - Procedural Safeguards › Section 13-1 - Definitions

Current through July 10, 2024
Authority: IC  12-13-2-3; IC  12-13-5-3
Affected: IC  12-17-15
Sec. 1.
(a) As used in this rule, "native language", where used with reference to persons of limited English proficiency, means the language or mode of communication normally used by the parent of a child eligible for early intervention services. (b) As used in this rule, "personally identifiable" means information that includes any of the following:
(1) The name of the child, the child's parent, or other family member.
(2) The address of the child.
(3) A personal identifier, such as the child's or parent's Social Security number.
(4) A list of personal characteristics or other information that would make it possible to identify the child with reasonable certainty.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3.1 - FIRST STEPS EARLY INTERVENTION SYSTEM › Rule 13 - Procedural Safeguards › Section 13-2 - Prior notice; native language

Current through July 10, 2024
Authority: IC 12-13-2-3; IC 12-13-5-3
Affected: IC 12-17-15
Sec. 2.
(a) Written notice must be given to the parent of a child eligible for early intervention services at least ten (10) days before an early intervention service provider proposes, or refuses, to initiate or change:
(1) the identification, evaluation, or placement of the child; or
(2) the provision of appropriate early intervention services to the child and the child's family.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3.1 - FIRST STEPS EARLY INTERVENTION SYSTEM › Rule 13 - Procedural Safeguards › Section 13-3 - Development of procedural safeguards

Current through July 10, 2024
Authority: IC  12-13-2-3; IC  12-13-5-3
Affected: IC  12-17-15
Sec. 3.
(a) The division shall be responsible for the development of procedural safeguards and ensuring effective implementation of procedural safeguards by each service provider.
(b) The division shall widely disseminate the procedural safeguards to parents and other interested individuals, including parent training centers, protection and advocacy agencies, independent living centers, and other appropriate entities.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3.1 - FIRST STEPS EARLY INTERVENTION SYSTEM › Rule 13 - Procedural Safeguards › Section 13-4 - Parental consent

Current through July 10, 2024
Authority: IC  12-13-2-3; IC  12-13-5-3
Affected: IC  12-17-15
Sec. 4.
(a) Informed, written parental consent must be obtained before:
(1) conducting the initial evaluation and assessment of a child; and
(2) initiating the provision of early intervention services.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3.1 - FIRST STEPS EARLY INTERVENTION SYSTEM › Rule 13 - Procedural Safeguards › Section 13-5 - Surrogate parents

Current through July 10, 2024
Authority: IC  12-13-2-3; IC  12-13-5-3
Affected: IC  12-17-15
Sec. 5.
(a) The division shall be responsible to ensure that the rights of children eligible for early intervention services are protected if:
(1) no parent can be identified;
(2) the SPOE, after reasonable efforts, cannot discover the whereabouts of a parent; or
(3) the child is a ward of the state.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3.1 - FIRST STEPS EARLY INTERVENTION SYSTEM › Rule 13 - Procedural Safeguards › Section 13-6 - Confidentiality of personally identifiable information

Current through July 10, 2024
Authority: IC 12-13-2-3; IC 12-13-5-3
Affected: IC 12-17-15
Sec. 6.
(a) Except as provided in subsection (b), parental consent must be obtained before personally identifiable information is:
(1) disclosed to anyone other than the officials of the participating agency collecting or using early intervention information; or
(2) used for any purpose other than meeting the requirements of the early intervention system.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3.1 - FIRST STEPS EARLY INTERVENTION SYSTEM › Rule 13 - Procedural Safeguards › Section 13-7 - Notice to parents

Current through July 10, 2024
Authority: IC  12-13-2-3; IC  12-13-5-3
Affected: IC  12-17-15
Sec. 7.
(a) Participating agencies shall provide notice that is adequate to fully inform parents about the following:
(1) A description of the extent that the notice is given in the native languages of the various population groups in the state.
(2) A description of:
(A) the children on whom personally identifiable information is maintained;
(B) the types of information sought;
(C) the methods the participating agencies intend to use in gathering the information, including the sources from whom information is gathered; and
(D) the uses to be made of the information.
(3) A summary of the policies and procedures that participating agencies must follow regarding:
(A) storage;
(B) disclosure to third parties;
(C) retention; and
(D) destruction; of personally identifiable information.
(4) A description of all of the rights of parents and children regarding the information described in this section, including the rights provided through the Family Educational Rights and Privacy Act and the implementing regulations in 34 CFR 99.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3.1 - FIRST STEPS EARLY INTERVENTION SYSTEM › Rule 13 - Procedural Safeguards › Section 13-8 - Opportunity to examine records

Current through July 10, 2024
Authority: IC  12-13-2-3; IC  12-13-5-3
Affected: IC  12-17-15
Sec. 8.
(a) The parent of a child eligible for early intervention services must be afforded the opportunity to inspect and review records relating to:
(1) evaluations and assessments;
(2) eligibility determinations;
(3) development and implementation of IFSPs;
(4) individual complaints dealing with the child; and
(5) any other early intervention records about the child and the child's family.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3.1 - FIRST STEPS EARLY INTERVENTION SYSTEM › Rule 13 - Procedural Safeguards › Section 13-9 - Record of access; multiple records; location

Current through July 10, 2024
Authority: IC  12-13-2-3; IC  12-13-5-3
Affected: IC  12-17-15
Sec. 9.
(a) Each SPOE shall keep a record of authorized parties obtaining access to early intervention records collected, maintained, or used by the SPOE, except access by parents and authorized employees of the SPOE, including:
(1) the name of the party requesting access;
(2) the date access was given; and
(3) the purpose for which the party is authorized to use the records.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3.1 - FIRST STEPS EARLY INTERVENTION SYSTEM › Rule 13 - Procedural Safeguards › Section 13-10 - Amendment of records at parent's request

Current through July 10, 2024
Authority: IC 12-13-2-3; IC 12-13-5-3
Affected: IC 12-17-15
Sec. 10.
(a) A parent who believes information in his or her child's early intervention records is inaccurate or misleading, or violates the privacy or other rights of the child, may request the SPOE maintaining the records to amend the information.
(b) The SPOE shall decide whether to amend the records in accordance with the request, within a reasonable period of time of the receipt of the request, but in no case later than forty-five (45) days from the receipt of the request.
(c) If the SPOE decides to refuse to amend the information in accordance with the request, it must inform the parent of the refusal, and advise the parent of the right to a hearing, in accordance with 470 IAC 3.1-15 regarding the refusal.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3.1 - FIRST STEPS EARLY INTERVENTION SYSTEM › Rule 13 - Procedural Safeguards › Section 13-11 - Opportunity for and result of hearing

Current through July 10, 2024
Authority: IC 12-13-2-3; IC 12-13-5-3
Affected: IC 12-17-15
Sec. 11.
(a) Participating agencies shall, on request, provide a parent the opportunity for a hearing, in accordance with 470 IAC 3.1-15, to challenge information contained in his or her child's early intervention records that the parent believes is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child.
(b) If, as a result of a hearing, it is determined that the information is inaccurate, misleading, or violates the privacy or other rights of the child, the participating agency shall amend the information accordingly and inform the parent in writing.
(c) If, as a result of a hearing, it is determined that the information is not inaccurate, misleading, or violates the privacy or other rights of the child, the participating agency shall inform the parent of the right to place in the child's records a statement commenting on the information or setting forth any reasons for disagreeing with the decision of the participating agency. Any explanation placed in the child's records must:
(1) be maintained by the participating agency as part of the records of the child, as long as the records or the contested portion is maintained by the participating agency; and
(2) be disclosed, if the records of the child are, or the contested portion is, disclosed by the participating agency to any party.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3.1 - FIRST STEPS EARLY INTERVENTION SYSTEM › Rule 13 - Procedural Safeguards › Section 13-12 - Safeguards

Current through July 10, 2024
Authority: IC  12-13-2-3; IC  12-13-5-3
Affected: IC  12-17-15
Sec. 12.
(a) Each participating agency shall protect the confidentiality of personally identifiable information at collection, storage, disclosure, and destruction stages.
(b) One (1) official of each participating agency shall assume responsibility for ensuring the confidentiality of personally identifiable information.
(c) All persons collecting or using personally identifiable information must receive training or instruction regarding the state's policies and procedures concerning the confidentiality of personally identifiable information.
(d) Each participating agency shall maintain, for public inspection, a current listing of the names and positions of those employees within the agency who may have access to personally identifiable information.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3.1 - FIRST STEPS EARLY INTERVENTION SYSTEM › Rule 13 - Procedural Safeguards › Section 13-13 - Destruction of information

Current through July 10, 2024
Authority: IC  12-13-2-3; IC  12-13-5-3
Affected: IC  12-17-15
Sec. 13.
The SPOE shall maintain a child's early intervention records for at least five (5) years after the child leaves the early intervention system unless the family requests the destruction of the records prior to that time.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3.1 - FIRST STEPS EARLY INTERVENTION SYSTEM › Rule 13 - Procedural Safeguards › Section 13-14 - Enforcement

Current through July 10, 2024
Authority: IC  12-13-2-3; IC  12-13-5-3
Affected: IC  12-17-15
Sec. 14.
(a) The LPCC and the division shall collect and maintain information. The division shall ensure that all requirements governing the confidentiality of records and early intervention information maintained by participating agencies are being implemented by the participating agencies.
(b) In the event that compliance deficiencies are identified, the division shall report the deficiency, in writing, to the responsible participating agency. This report shall:
(1) describe the unmet requirement or requirements leading to the deficiency;
(2) specify the action necessary to correct the deficiency; and
(3) establish a timeline for implementing the corrective action.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3.1 - FIRST STEPS EARLY INTERVENTION SYSTEM › Rule 14 - Due Process Procedures for Violations of Federal and State Laws, Regulations, and Rules › Section 14-1 - Complaints; violations of law

Current through July 10, 2024
Authority: IC 12-13-2-3; IC 12-13-5-3
Affected: IC 12-17-15
Sec. 1.
(a) Any individual or organization may file a complaint against a participating agency alleging violations of federal or state laws, regulations, and rules that apply to the early intervention system.
(b) The complaint shall:
(1) be in writing;
(2) indicate the allegations of violation or violations and the factual circumstances on which the allegations are based;
(3) be signed by the complainant or complainants;
(4) be submitted to the division no later than one (1) year after the date of the alleged violation, unless:
(A) a longer period is reasonable because the violation is continuing; or
(B) the individual or organization is requesting compensatory services, reimbursement, or corrective action for an alleged violation that occurred no longer than three (3) years prior to the date the division receives the complaint;
(5) indicate the name of the child and the address of the residence of the child; and
(6) indicate a proposed resolution of the problem to the extent known and available to the parents at the time.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3.1 - FIRST STEPS EARLY INTERVENTION SYSTEM › Rule 14 - Due Process Procedures for Violations of Federal and State Laws, Regulations, and Rules › Section 14-2 - Complaint investigator responsibilities

Current through July 10, 2024
Authority: IC  12-13-2-3; IC  12-13-5-3
Affected: IC  12-17-15
Sec. 2.
(a) The complaint investigator shall do the following:
(1) Carry out an independent, on-site investigation, if the investigator determines an on-site investigation is necessary, including contacting the complainant and the participating agency named in the complaint to clarify the issues if necessary.
(2) Give the complainant the opportunity to submit additional information, either orally or in writing, about the allegations in the complaint.
(3) Review all relevant information and make an independent determination as to whether the participating agency violated, or is violating, the laws, regulations, and rules directing the early intervention system.
(4) Issue a written decision that addresses each allegation in the complaint, and contains findings of fact and conclusions, and the reasons for the complaint investigator's final decision. The written decision shall be provided to the following:
(A) The complainant.
(B) The director or chief executive officer of the participating agency involved.
(C) The director of the division.
(5) Facilitate procedures for effective implementation of the written decision, if needed, including:
(A) technical assistance activities;
(B) negotiations; and
(C) corrective actions to achieve compliance.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3.1 - FIRST STEPS EARLY INTERVENTION SYSTEM › Rule 14 - Due Process Procedures for Violations of Federal and State Laws, Regulations, and Rules › Section 14-3 - Failure to comply

Current through July 10, 2024
Authority: IC  12-13-2-3; IC  12-13-5-3
Affected: IC  12-17-15
Sec. 3.
(a) The failure of the participating agency to comply with orders issued by a complaint investigator may result in the withholding by the state of federal and state funds to the agency.
(b) A complaint alleging a participating agency's failure to implement a due process decision must be resolved by the division.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3.1 - FIRST STEPS EARLY INTERVENTION SYSTEM › Rule 15 - Impartial Procedures for Resolving Individual Child Complaints; Due Process Hearings › Section 15-1 - Rights to an impartial hearing

Current through July 10, 2024
Authority: IC  12-13-2-3; IC  12-13-5-3
Affected: IC  12-17-15
Sec. 1.
(a) The parents of an eligible child and a participating agency have the right to initiate an impartial hearing prior to:
(1) the proposal, or refusal, to initiate or change the:
(A) identification;
(B) evaluation; or
(C) placement; of a child; or
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3.1 - FIRST STEPS EARLY INTERVENTION SYSTEM › Rule 15 - Impartial Procedures for Resolving Individual Child Complaints; Due Process Hearings › Section 15-2 - Impartial hearing officer

Current through July 10, 2024
Authority: IC  12-13-2-3; IC  12-13-5-3
Affected: IC  12-17-15
Sec. 2.
(a) The assignment of an impartial hearing officer shall be made by the division or its designee.
(b) The person assigned to conduct an impartial hearing must have knowledge about the statutes, regulations, and rules directing the early intervention system and the needs of, and services available for, eligible infants and toddlers and their families. The impartial hearing officer shall do the following:
(1) Listen to the presentation of relevant viewpoints about the complaint, examine all information relevant to the issues, and seek to reach a timely resolution of the complaint.
(2) Provide a record of the proceedings, including a written decision which contains findings of fact and conclusions and the reasons for the decision.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3.1 - FIRST STEPS EARLY INTERVENTION SYSTEM › Rule 15 - Impartial Procedures for Resolving Individual Child Complaints; Due Process Hearings › Section 15-3 - Hearing rights

Current through July 10, 2024
Authority: IC  12-13-2-3; IC  12-13-5-3
Affected: IC  12-17-15
Sec. 3.
(a) Any party to a hearing conducted under this rule shall have a right to the following:
(1) Disclosure to all other parties of all evaluations and recommendations, based on the offering party's evaluation, that the party intends to use at the hearing, that have been completed by five (5) business days prior to the hearing.
(2) Be accompanied and advised by counsel and by individuals with special knowledge or training with respect to early intervention services for eligible infants and toddlers with disabilities.
(3) Present evidence and confront, cross-examine, and compel the attendance of witnesses.
(4) Prohibit the introduction of any evidence at the hearing that has not been disclosed to that party at least five (5) days before the hearing.
(5) Obtain a written or, at the option of the parents, electronic verbatim transcription of the hearing.
(6) Obtain written, or at the option of the parents, electronic verbatim transcription, findings of fact, and decisions.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3.1 - FIRST STEPS EARLY INTERVENTION SYSTEM › Rule 15 - Impartial Procedures for Resolving Individual Child Complaints; Due Process Hearings › Section 15-4 - Convenience of proceedings

Current through July 10, 2024
Authority: IC  12-13-2-3; IC  12-13-5-3
Affected: IC  12-17-15
Sec. 4.
Any proceeding for implementing the impartial hearing process must be carried out at a time and place that is reasonably convenient to the parent of an eligible child.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3.1 - FIRST STEPS EARLY INTERVENTION SYSTEM › Rule 15 - Impartial Procedures for Resolving Individual Child Complaints; Due Process Hearings › Section 15-5 - Hearing decision; appeal for impartial review

Current through July 10, 2024
Authority: IC  12-13-2-3; IC  12-13-5-3
Affected: IC  12-17-15
Sec. 5.
A decision made in a hearing conducted under this rule is final unless a party to the hearing appeals the decision under sections 6 and 7 of this rule.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3.1 - FIRST STEPS EARLY INTERVENTION SYSTEM › Rule 15 - Impartial Procedures for Resolving Individual Child Complaints; Due Process Hearings › Section 15-6 - Administrative appeal; impartial review

Current through July 10, 2024
Authority: IC  12-13-2-3; IC  12-13-5-3
Affected: IC  12-17-15
Sec. 6.
(a) Any party aggrieved by the findings and decision of the impartial hearing officer may appeal to the division.
(b) If there is an appeal, the division shall conduct an impartial review of the hearing. The official conducting the review shall do the following:
(1) Examine the entire hearing record.
(2) Ensure that the procedures at the hearing were consistent with the requirements of due process.
(3) Seek additional evidence if necessary.
(4) If a hearing is held to receive additional evidence, provide the hearing rights specified in section 3 of this rule.
(5) Afford the parties an opportunity for oral or written argument, or both, at the discretion of the reviewing official.
(6) Make an independent decision on completion of the review.
(7) Give a copy of the written findings of fact and decision to the parties.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3.1 - FIRST STEPS EARLY INTERVENTION SYSTEM › Rule 15 - Impartial Procedures for Resolving Individual Child Complaints; Due Process Hearings › Section 15-7 - Civil action

Current through July 10, 2024
Authority: IC  12-13-2-3; IC  12-13-5-3
Affected: IC  12-17-15
Sec. 7.
Any party aggrieved by the findings and decision made in a hearing who does not have the right to appeal under section 6 of this rule, and any party aggrieved by the decision of a reviewing officer under section 6 of this rule, has the right to bring a civil action in any court of competent jurisdiction or in a district court of the United States without regard to the amount in controversy.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3.1 - FIRST STEPS EARLY INTERVENTION SYSTEM › Rule 15 - Impartial Procedures for Resolving Individual Child Complaints; Due Process Hearings › Section 15-8 - Timelines and convenience of hearings and reviews

Current through July 10, 2024
Authority: IC  12-13-2-3; IC  12-13-5-3
Affected: IC  12-17-15
Sec. 8.
(a) The division shall ensure that not later than forty-five (45) days after the receipt of a request for a hearing:
(1) a final decision is reached in the hearing; and
(2) a copy of the decision is mailed to each of the parties.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3.1 - FIRST STEPS EARLY INTERVENTION SYSTEM › Rule 15 - Impartial Procedures for Resolving Individual Child Complaints; Due Process Hearings › Section 15-9 - Mediation

Current through July 10, 2024
Authority: IC  12-13-2-3; IC  12-13-5-3
Affected: IC  12-17-15
Sec. 9.
(a) Mediation is a voluntary option that can be used when a parent and a participating agency cannot agree on matters related to the identification, evaluation, or provision of services to a child or the child's family, as an alternative to the procedures found in this rule.
(b) Mediation may be requested when both parties agree to the mediation process.
(c) Mediation may occur prior to or concurrent with a request for an impartial hearing. A request for mediation shall not preclude or delay an impartial hearing, the timelines required to be met when an impartial hearing is conducted, nor deny any other rights afforded under Part C.
(d) Persons who serve as mediators shall:
(1) be trained in effective mediation techniques;
(2) have no conflicts of interest concerning the parties or issues involved in the mediation process;
(3) be impartial; and
(4) have knowledge of the early intervention system and the needs of infants and toddlers with disabilities and their families.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3.1 - FIRST STEPS EARLY INTERVENTION SYSTEM › Rule 15 - Impartial Procedures for Resolving Individual Child Complaints; Due Process Hearings › Section 15-10 - Status of a child during proceedings

Current through July 10, 2024
Authority: IC  12-13-2-3; IC  12-13-5-3
Affected: IC  12-17-15
Sec. 10.
(a) During the pendency of any proceedings involving complaints initiated under this rule, unless the division and the parent of a child otherwise agree, the child must continue to receive the appropriate early intervention services currently being provided.
(b) If the complaint involves an application for initial services, the child must receive those services that are not in dispute.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3.1 - FIRST STEPS EARLY INTERVENTION SYSTEM › Rule 16 - Waiver › Section 16-1 - Waiver process

Current through July 10, 2024
Authority: IC  12-13-2-3; IC  12-13-5-3
Affected: IC  12-17-15
Sec. 1.
(a) When, under an unusual circumstance, an LPCC or a participating agency requests a waiver of this article, a written request must be submitted to the division which includes the following:
(1) The specific rule or provision for which a waiver is requested.
(2) The length of time for which a waiver is requested.
(3) Justification for the waiver request, including:
(A) the need;
(B) the circumstances; and
(C) the benefit; to the applicable county or to the children or families served.
(4) The projected fiscal or program implications.
(5) A plan for achieving compliance with the specified rule.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 4 - CRIPPLED CHILDREN'S SERVICES › Rule 1 - General Provisions › Section 1-2 - Regular access authority to division of services for crippled children personal information system (Transferred)

Current through July 10, 2024
Transferred from Division of Family and Children 470 IAC
					 4-1-2 to Indiana State Board of Health ( 410 IAC 3.1-1-1 ) by P.L. 344-1989
					 (ss), SECTION 29, effective July 1,
					 1990.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 4 - CRIPPLED CHILDREN'S SERVICES › Rule 2 - Placement of Crippled Children › Section 2-2 - Crippled children's program; legal base; responsibility of county departments; state and federal funds (Transferred)

Current through July 10, 2024
Transferred from Division of Family and Children 470 IAC
					 4-2-2 to Indiana State Board of Health ( 410 IAC 3.1-2-1 ) by P.L. 344-1989
					 (ss), SECTION 29, effective July 1,
					 1990.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 4 - CRIPPLED CHILDREN'S SERVICES › Rule 2 - Placement of Crippled Children › Section 2-3 - Child eligible for services for crippled children; definition; exceptions (Transferred)

Current through July 10, 2024
Transferred from Division of Family and Children 470 IAC
					 4-2-3 to Indiana State Board of Health ( 410 IAC 3.1-2-2 ) by P.L. 344-1989
					 (ss), SECTION 29, effective July 1,
					 1990.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 4 - CRIPPLED CHILDREN'S SERVICES › Rule 2 - Placement of Crippled Children › Section 2-4 - Purposes of crippled children's services; administration; supervision; medical director (Transferred)

Current through July 10, 2024
Transferred from Division of Family and Children 470 IAC
					 4-2-4 to Indiana State Board of Health ( 410 IAC 3.1-2-3 ) by P.L. 344-1989
					 (ss), SECTION 29, effective July 1,
					 1990.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 4 - CRIPPLED CHILDREN'S SERVICES › Rule 2 - Placement of Crippled Children › Section 2-5 - The application process (Transferred)

Current through July 10, 2024
Transferred from Division of Family and Children 470 IAC
					 4-2-5 to Indiana State Board of Health ( 410 IAC 3.1-2-4 ) by P.L. 344-1989
					 (ss), SECTION 29, effective July 1,
					 1990.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 4 - CRIPPLED CHILDREN'S SERVICES › Rule 2 - Placement of Crippled Children › Section 2-6 - Right to apply (Transferred)

Current through July 10, 2024
Transferred from Division of Family and Children 470 IAC
					 4-2-6 to Indiana State Board of Health ( 410 IAC 3.1-2-5 ) by P.L. 344-1989
					 (ss), SECTION 29, effective July 1,
					 1990.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 4 - CRIPPLED CHILDREN'S SERVICES › Rule 2 - Placement of Crippled Children › Section 2-7 - Initial interview; information provided to and obtained from applicant (Transferred)

Current through July 10, 2024
Transferred from Division of Family and Children 470 IAC
					 4-2-7 to Indiana State Board of Health ( 410 IAC 3.1-2-6 ) by P.L. 344-1989
					 (ss), SECTION 29, effective July 1,
					 1990.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 4 - CRIPPLED CHILDREN'S SERVICES › Rule 2 - Placement of Crippled Children › Section 2-8 - Application; notification of changes; registration and assignment (Transferred)

Current through July 10, 2024
Transferred from Division of Family and Children 470 IAC
					 4-2-8 to Indiana State Board of Health ( 410 IAC 3.1-2-7 ) by P.L. 344-1989
					 (ss), SECTION 29, effective July 1,
					 1990.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 4 - CRIPPLED CHILDREN'S SERVICES › Rule 2 - Placement of Crippled Children › Section 2-9 - Eligibility study (Transferred)

Current through July 10, 2024
Transferred from Division of Family and Children 470 IAC
					 4-2-9 to Indiana State Board of Health ( 410 IAC 3.1-2-8 ) by P.L. 344-1989
					 (ss), SECTION 29, effective July 1,
					 1990.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 4 - CRIPPLED CHILDREN'S SERVICES › Rule 2 - Placement of Crippled Children › Section 2-10 - Verification of age; delay in county action (Transferred)

Current through July 10, 2024
Transferred from Division of Family and Children 470 IAC
					 4-2-10 to Indiana State Board of Health ( 410 IAC 3.1-2-9 ) by P.L. 344-1989
					 (ss), SECTION 29, effective July 1,
					 1990.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 4 - CRIPPLED CHILDREN'S SERVICES › Rule 2 - Placement of Crippled Children › Section 2-11 - Residence and verification of residence (Transferred)

Current through July 10, 2024
Transferred from Division of Family and Children 470 IAC
					 4-2-11 to Indiana State Board of Health ( 410 IAC 3.1-2-10 ) by P.L. 344-1989
					 (ss), SECTION 29, effective July 1,
					 1990.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 4 - CRIPPLED CHILDREN'S SERVICES › Rule 2 - Placement of Crippled Children › Section 2-12 - Medical information (Transferred)

Current through July 10, 2024
Transferred from Division of Family and Children 470 IAC
					 4-2-12 to Indiana State Board of Health ( 410 IAC 3.1-2-11 ) by P.L. 344-1989
					 (ss), SECTION 29, effective July 1,
					 1990.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 4 - CRIPPLED CHILDREN'S SERVICES › Rule 2 - Placement of Crippled Children › Section 2-13 - County action on application (Transferred)

Current through July 10, 2024
Transferred from Division of Family and Children 470 IAC
					 4-2-13 to Indiana State Board of Health ( 410 IAC 3.1-2-12 ) by P.L. 344-1989
					 (ss), SECTION 29, effective July 1,
					 1990.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 4 - CRIPPLED CHILDREN'S SERVICES › Rule 2 - Placement of Crippled Children › Section 2-14 - State action on application (Transferred)

Current through July 10, 2024
Transferred from Division of Family and Children 470 IAC
					 4-2-14 to Indiana State Board of Health ( 410 IAC 3.1-2-13 ) by P.L. 344-1989
					 (ss), SECTION 29, effective July 1,
					 1990.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 4 - CRIPPLED CHILDREN'S SERVICES › Rule 2 - Placement of Crippled Children › Section 2-15 - Continuing eligibility; specialized medical supervision; reevaluation; changes; supplemental application; closure (Transferred)

Current through July 10, 2024
Transferred from Division of Family and Children 470 IAC
					 4-2-15 to Indiana State Board of Health ( 410 IAC 3.1-2-14 ) by P.L. 344-1989
					 (ss), SECTION 29, effective July 1,
					 1990.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 4 - CRIPPLED CHILDREN'S SERVICES › Rule 2 - Placement of Crippled Children › Section 2-16 - Re-application (Transferred)

Current through July 10, 2024
Transferred from Division of Family and Children 470 IAC
					 4-2-16 to Indiana State Board of Health ( 410 IAC 3.1-2-15 ) by P.L. 344-1989
					 (ss), SECTION 29, effective July 1,
					 1990.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 4 - CRIPPLED CHILDREN'S SERVICES › Rule 2 - Placement of Crippled Children › Section 2-17 - Transfer procedure for referrals from another Indiana county (Transferred)

Current through July 10, 2024
Transferred from Division of Family and Children 470 IAC
					 4-2-17 to Indiana State Board of Health ( 410 IAC 3.1-2-16 ) by P.L. 344-1989
					 (ss), SECTION 29, effective July 1,
					 1990.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 4 - CRIPPLED CHILDREN'S SERVICES › Rule 2 - Placement of Crippled Children › Section 2-18 - Right of appeal (Transferred)

Current through July 10, 2024
Transferred from Division of Family and Children 470 IAC
					 4-2-18 to Indiana State Board of Health ( 410 IAC 3.1-2-17 ) by P.L. 344-1989
					 (ss), SECTION 29, effective July 1,
					 1990.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 4 - CRIPPLED CHILDREN'S SERVICES › Rule 2 - Placement of Crippled Children › Section 2-19 - Confidentiality (Transferred)

Current through July 10, 2024
Transferred from Division of Family and Children 470 IAC
					 4-2-19 to Indiana State Board of Health ( 410 IAC 3.1-2-18 ) by P.L. 344-1989
					 (ss), SECTION 29, effective July 1,
					 1990.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 4 - CRIPPLED CHILDREN'S SERVICES › Rule 2 - Placement of Crippled Children › Section 2-20 - Indiana University Medical Center or Indianapolis Methodist Hospital (Transferred)

Current through July 10, 2024
Transferred from Division of Family and Children 470 IAC
					 4-2-20 to Indiana State Board of Health ( 410 IAC 3.1-2-19 ) by P.L. 344-1989
					 (ss), SECTION 29, effective July 1,
					 1990.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 4 - CRIPPLED CHILDREN'S SERVICES › Rule 2 - Placement of Crippled Children › Section 2-21 - Forms used for authorizing payment of services (Transferred)

Current through July 10, 2024
Transferred from Division of Family and Children 470 IAC
					 4-2-21 to Indiana State Board of Health ( 410 IAC 3.1-2-20 ) by P.L. 344-1989
					 (ss), SECTION 29, effective July 1,
					 1990.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 4 - CRIPPLED CHILDREN'S SERVICES › Rule 2 - Placement of Crippled Children › Section 2-22 - County obligation; effective date for payment of services; individual record; auditing claim; form; payment of fees and charges (Transferred)

Current through July 10, 2024
Transferred from Division of Family and Children 470 IAC
					 4-2-22 to Indiana State Board of Health ( 410 IAC 3.1-2-21 ) by P.L. 344-1989
					 (ss), SECTION 29, effective July 1,
					 1990.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 4 - CRIPPLED CHILDREN'S SERVICES › Rule 2 - Placement of Crippled Children › Section 2-23 - Financial eligibility (Transferred)

Current through July 10, 2024
Transferred from Division of Family and Children 470 IAC
					 4-2-23 to Indiana State Board of Health ( 410 IAC 3.1-2-22 ) by P.L. 344-1989
					 (ss), SECTION 29, effective July 1,
					 1990.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 4 - CRIPPLED CHILDREN'S SERVICES › Rule 2 - Placement of Crippled Children › Section 2-24 - Resources available for payment (Transferred)

Current through July 10, 2024
Transferred from Division of Family and Children 470 IAC
					 4-2-24 to Indiana State Board of Health ( 410 IAC 3.1-2-23 ) by P.L. 344-1989
					 (ss), SECTION 29, effective July 1,
					 1990.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 4 - CRIPPLED CHILDREN'S SERVICES › Rule 2 - Placement of Crippled Children › Section 2-25 - Guide for computation of monthly net income as standard of eligibility (Transferred)

Current through July 10, 2024
Transferred from Division of Family and Children 470 IAC
					 4-2-25 to Indiana State Board of Health ( 410 IAC 3.1-2-24 ) by P.L. 344-1989
					 (ss), SECTION 29, effective July 1,
					 1990.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 4 - CRIPPLED CHILDREN'S SERVICES › Rule 2 - Placement of Crippled Children › Section 2-26 - Exclusions from income (Transferred)

Current through July 10, 2024
Transferred from Division of Family and Children 470 IAC
					 4-2-26 to Indiana State Board of Health ( 410 IAC 3.1-2-25 ) by P.L. 344-1989
					 (ss), SECTION 29, effective July 1,
					 1990.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 4 - CRIPPLED CHILDREN'S SERVICES › Rule 2 - Placement of Crippled Children › Section 2-27 - Partial payment agreements (Transferred)

Current through July 10, 2024
Transferred from Division of Family and Children 470 IAC
					 4-2-27 to Indiana State Board of Health ( 410 IAC 3.1-2-26 ) by P.L. 344-1989
					 (ss), SECTION 29, effective July 1,
					 1990.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 4 - CRIPPLED CHILDREN'S SERVICES › Rule 2 - Placement of Crippled Children › Section 2-28 - Medical eligibility (Transferred)

Current through July 10, 2024
Transferred from Division of Family and Children 470 IAC
					 4-2-28 to Indiana State Board of Health ( 410 IAC 3.1-2-27 ) by P.L. 344-1989
					 (ss), SECTION 29, effective July 1,
					 1990.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 4 - CRIPPLED CHILDREN'S SERVICES › Rule 2 - Placement of Crippled Children › Section 2-30 - Diagnostic services (Transferred)

Current through July 10, 2024
Transferred from Division of Family and Children 470 IAC
					 4-2-30 to Indiana State Board of Health ( 410 IAC 3.1-2-28 ) by P.L. 344-1989
					 (ss), SECTION 29, effective July 1,
					 1990.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 4 - CRIPPLED CHILDREN'S SERVICES › Rule 2 - Placement of Crippled Children › Section 2-31 - Authorized diagnostic and treatment services (Transferred)

Current through July 10, 2024
Transferred from Division of Family and Children 470 IAC
					 4-2-31 to Indiana State Board of Health ( 410 IAC 3.1-2-29 ) by P.L. 344-1989
					 (ss), SECTION 29, effective July 1,
					 1990.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 4 - CRIPPLED CHILDREN'S SERVICES › Rule 2 - Placement of Crippled Children › Section 2-35 - Medical care in local community (Transferred)

Current through July 10, 2024
Transferred from Division of Family and Children 470 IAC
					 4-2-35 to Indiana State Board of Health ( 410 IAC 3.1-2-30 ) by P.L. 344-1989
					 (ss), SECTION 29, effective July 1,
					 1990.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 4 - CRIPPLED CHILDREN'S SERVICES › Rule 2 - Placement of Crippled Children › Section 2-36 - Prescriptions (Transferred)

Current through July 10, 2024
Transferred from Division of Family and Children 470 IAC
					 4-2-36 to Indiana State Board of Health ( 410 IAC 3.1-2-31 ) by P.L. 344-1989
					 (ss), SECTION 29, effective July 1,
					 1990.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 4 - CRIPPLED CHILDREN'S SERVICES › Rule 2 - Placement of Crippled Children › Section 2-37 - Dental program (Transferred)

Current through July 10, 2024
Transferred from Division of Family and Children 470 IAC
					 4-2-37 to Indiana State Board of Health ( 410 IAC 3.1-2-32 ) by P.L. 344-1989
					 (ss), SECTION 29, effective July 1,
					 1990.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 4 - CRIPPLED CHILDREN'S SERVICES › Rule 2 - Placement of Crippled Children › Section 2-38 - Special appliances and equipment; equipment loan pool program (Transferred)

Current through July 10, 2024
Transferred from Division of Family and Children 470 IAC
					 4-2-38 to Indiana State Board of Health ( 410 IAC 3.1-2-33 ) by P.L. 344-1989
					 (ss), SECTION 29, effective July 1,
					 1990.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 4 - CRIPPLED CHILDREN'S SERVICES › Rule 2 - Placement of Crippled Children › Section 2-39 - Audio and speech therapy (Transferred)

Current through July 10, 2024
Transferred from Division of Family and Children 470 IAC
					 4-2-39 to Indiana State Board of Health ( 410 IAC 3.1-2-34 ) by P.L. 344-1989
					 (ss), SECTION 29, effective July 1,
					 1990.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 4 - CRIPPLED CHILDREN'S SERVICES › Rule 2 - Placement of Crippled Children › Section 2-40 - Physical and occupational therapy (Transferred)

Current through July 10, 2024
Transferred from Division of Family and Children 470 IAC
					 4-2-40 to Indiana State Board of Health ( 410 IAC 3.1-2-35 ) by P.L. 344-1989
					 (ss), SECTION 29, effective July 1,
					 1990.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 4 - CRIPPLED CHILDREN'S SERVICES › Rule 2 - Placement of Crippled Children › Section 2-41 - Transportation, meals, lodging allowances (Transferred)

Current through July 10, 2024
Transferred from Division of Family and Children 470 IAC
					 4-2-41 to Indiana State Board of Health ( 410 IAC 3.1-2-36 ) by P.L. 344-1989
					 (ss), SECTION 29, effective July 1,
					 1990.