Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 30 - Kentucky Early Intervention System › Section 902 KAR 30:001 - Definitions for 902 KAR Chapter 30

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 200.650-200.676, 20 U.S.C. Chapter 33, 34
				C.F.R. Part 303
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				200.660 requires the Cabinet for Health and
				Family Services to administer all funds appropriated to implement provisions,
				to enter into contracts with service providers, and to promulgate
				administrative regulations necessary to implement
				KRS 200.650
				to
				200.676.
				This administrative regulation establishes the definitions for 902 KAR Chapter
				30 pertaining to First Steps, Kentucky's Early Intervention Program.
Section 1. Definitions.
(1) "Ability to pay" means a family has an
			 income at 200 percent of the poverty level or above.
(2) "Assessment" means the ongoing procedures
			 used by appropriate qualified service providers throughout the child's period
			 of eligibility in First Steps to identify:
(a)
			 The child's unique strengths and needs and the services appropriate to meet
			 those needs;
(b) The resources,
			 priorities, and concerns of the family; and
(c) The supports and services necessary to
			 enhance the family's capacity to meet the developmental needs of the family's
			 infant or toddler with a disability.
(3) "Assistive technology device" means any
			 item, piece of equipment, or product system:
(a) Whether acquired commercially off the
			 shelf, modified, or customized;
(b)
			 That is used to:
1. Increase, maintain, or
			 improve the functional capabilities of a child with a disability; and
2. Implement the individualized family
			 service plan; and
(c)
			 Except for a medical device that is surgically implanted, including a cochlear
			 implant, or the optimization (e.g. mapping), maintenance, or replacement of
			 that device.
(4)
			 "Assistive Technology Service" means a service that directly assists the child
			 with a disability in the selection, acquisition, or use of an assistive
			 technology device in accordance with
			 20
			 U.S.C. 1401(2).
(5) "Cabinet-approved criterion referenced
			 instrument" means any of the three (3) assessments, incorporated by reference
			 in
			 902 KAR
			 30:120, used to assess children from birth to three
			 (3) years of age.
(6)
			 "Cabinet-approved screening protocol" means a screening protocol that is:
(a) Designed to evaluate the developmental
			 status of children; and
(b) Used by
			 the cabinet.
(7) "Child
			 find" is defined by
			 KRS
			 200.654(3).
(8) "Consent" is defined by
			 34
			 C.F.R. 303.7.
(9) "Destruction" means the physical
			 destruction of the record or ensuring that personal identifiers are removed so
			 that the record is no longer personally identifiable under
			 34 C.F.R.
			 303.29.
(10) "Direct supervision" means the
			 continuous, on-site observation and guidance as activities are implemented with
			 children and families.
(11)
			 "District Early Intervention Committee" or "DEIC" is defined by
			 KRS
			 200.654(6).
(12) "Early intervention record" means all
			 records, electronic and hard copy, regarding a child that are required to be
			 collected, maintained, or used under part C of the Individuals with
			 Disabilities Education Act,
			 20 U.S.C.
			 1400-1482,
			 and
			 902
			 KAR Chapter 30.
(13) "Early
			 intervention service provider" is defined by
			 34 C.F.R.
			 303.12.
(14) "Early intervention services" is defined
			 by
			 34 C.F.R.
			 303.13(a)-(d) and
			 34 C.F.R.
			 303.16.
(15) "Established risk" means a diagnosed
			 physical or mental condition that has a high probability of resulting in a
			 developmental delay.
(16)
			 "Evaluation" means the use of procedures to determine eligibility for First
			 Steps services in accordance with
			 902 KAR
			 30:120.
(17) "Extraordinary family expenses" means
			 those out of pocket expenses, including purchases, medical care cost, and home
			 or automobile modifications to accommodate the needs related to the eligible
			 child's disability and to other family members with a disability, except for
			 medical services for other family members without a disability.
(18) "Family-centered" means practices that:
(a) Are driven by the family's priorities and
			 concerns;
(b) Support the family's
			 role as the constant in a child's life;
(c) Complement a family's natural activity
			 settings and daily routines; and
(d) Support, respect, encourage, and enhance
			 the strengths, competence, and confidence of the family.
(19) "First Steps" means Kentucky's early
			 intervention system, which is defined by
			 KRS
			 200.654(8).
(20) "First Steps data management system"
			 means the online data system that consists of each child's early intervention
			 record and financial management data.
(21) "Homeless child" means a child who meets
			 the federal definition of homeless children and youths established in
			 42
			 U.S.C. 11434a(2).
(22) "Inability to pay" means a family's
			 income is below 200 percent of the poverty level.
(23) "Indirect supervision" means the
			 regular, periodic, on-site observation and guidance as activities are
			 implemented with children and families.
(24) "Individualized family service plan" or
			 "IFSP" means an individual family service plan as defined by
			 34 C.F.R.
			 303.340.
(25) "Initial assessment" means the
			 assessment of the child and family assessment conducted prior to the child's
			 first IFSP meeting.
(26) "Kentucky
			 Early Childhood Data System" or "KEDS" means the internet based data collection
			 system to provide data for analysis to determine the degree to which Kentucky's
			 children are meeting the major child outcomes and learning standards required
			 by the Office of Special Education Programs (OSEP) in the United States
			 Department of Education and the state early childhood standards.
(27) "Multidisciplinary team" is defined by
			 34 C.F.R.
			 303.24
(28) "Natural environments" is defined by
			 34 C.F.R.
			 303.26.
(29) "Parent" means:
(a) A natural, adoptive, or foster parent of
			 a child;
(b) A guardian, except for
			 the state if the child is a ward of the state;
(c) An individual acting in the place of a
			 natural 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
(d) An
			 individual assigned as a surrogate parent pursuant to
			 20 U.S.C.
			 1439(a)(5).
(30) "Part C Coordinator" means the
			 individual designated by the cabinet to be Kentucky's liaison with the federal
			 Department of Education, Office of Special Education Programs (OSEP), to
			 oversee the state's implementation of the early intervention system.
(31) "Participating provider or agency" is
			 defined by
			 34
			 C.F.R. 303.403(c).
(32) "Period of eligibility" means the time
			 from referral to First Steps to termination of services due to:
(a) Failure to meet initial program
			 eligibility requirements;
(b)
			 Attainment of age three (3);
(c)
			 Documented refusal of service by the child's parent or legal guardian,
			 inclusive of disappearance; or
(d)
			 Change of residence to another state.
(33) "Personally identifiable" means
			 information that contains:
(a) The name of
			 the child, the child's parent, or other family member;
(b) The address of the child;
(c) A personal identifier, such as the
			 child's social security number or TOTS number; or
(d) A list of personal characteristics or
			 other information that would make it possible to identify the child with
			 reasonable certainty.
(34) "Point of entry" or "POE" is defined by
			 KRS
			 200.654(12).
(35) "Prematurity" means a gestational age,
			 at birth, of less than thirty-seven (37) weeks.
(36) "Primary referral source" is defined by
			 34 C.F.R.
			 303.302(c) and
			 34 C.F.R.
			 303.303(c).
(37) "Primary service provider" means a
			 professional who is a member of the IFSP team and is selected by the parent as
			 the team lead to provide regular support to the family.
(38) "Qualified service provider" means a
			 provider who meets the qualifications listed in
			 902 KAR
			 30:150.
(39) "Record review team" means a group of
			 early intervention experts representing each discipline of early intervention
			 providers as listed in
			 902 KAR
			 30:150, Section 2(1)(a)-(r), who are utilized by the
			 state lead agency to review complex cases for eligibility and service
			 provision, and make recommendations to IFSP teams.
(40) "Referral" means a child identified
			 between birth and three (3) years of age who is:
(a) A Kentucky resident or a homeless child
			 within the boundaries of the Commonwealth; and
(b) Suspected of having an established risk
			 diagnosis or a developmental delay.
(41) "State Lead Agency" means the designated
			 staff in the Department for Public Health who are responsible for implementing
			 the First Steps Program in accordance with
			 34
			 C.F.R. 303.22, 20 U.S.C. Chapter 33, and
			 KRS 200.650
			 to
			 200.676.
(42) "Ward of the state" means a child
			 declared by a circuit court judge to be a ward of the state pursuant to
			 KRS
			 625.043(2) or
			 625.100(2).