reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 8 - INDIVIDUALIZED FAMILY SERVICE PLAN › Section 8:17-8.7 - Discipline-specific therapy

Current through Register Vol. 56, No. 14, July 15, 2024
Discipline-specific therapies, including speech and language
				  pathology services and occupational and physical therapy, shall be provided
				  consistent with the individual needs of the eligible child and, to the extent the
				  needs of the family relate to the needs of the child, consistent with the family's
				  needs.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 8 - INDIVIDUALIZED FAMILY SERVICE PLAN › Section 8:17-8.8 - Determination of services for children with autism spectrum disorders

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department's
				recommended guidelines for addressing the service needs of children diagnosed with
				autism spectrum disorders are contained in a technical assistance manual entitled,
				"Service Guidelines for Children with Autism Spectrum Disorders," which publication
				is available upon request from the NJEIS.
(b) For a child diagnosed with an autism spectrum
				disorder, the composition of the assessment team shall include at least one member
				with knowledge and experience in the area of autism spectrum disorder.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 8 - INDIVIDUALIZED FAMILY SERVICE PLAN › Section 8:17-8.9 - Recommended guidelines for determination of services for children with speech and language disorders

Current through Register Vol. 56, No. 14, July 15, 2024
The Department's recommended guidelines for addressing the
				  service needs of a child with a diagnosed speech and language disorder are contained
				  in a technical assistance manual entitled, "Service Guidelines for Speech Therapy in
				  Early Intervention," which publication is available upon request from the NJEIS.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 8 - INDIVIDUALIZED FAMILY SERVICE PLAN › Section 8:17-8.10 - Responsibility and accountability

Current through Register Vol. 56, No. 14, July 15, 2024
Each practitioner who has a direct role in the provision of early
				  intervention services shall make a good faith effort to assist each eligible child
				  and family to achieve the outcomes in the IFSP, pursuant to Part C.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 9 - FINANCIAL MATTERS › Section 8:17-9.1 - Department responsibility for identifying and coordinating availability of resources

Current through Register Vol. 56, No. 14, July 15, 2024
Pursuant to New Jersey P.L. 1993, c. 309, the Department is the
				  lead agency responsible for establishing State policies related to the payment
				  process for services to eligible children and their families under Part C, including
				  the identification and coordination of all available resources for early
				  intervention services within the State, including those from Federal, State, local,
				  and private sources.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 9 - FINANCIAL MATTERS › Section 8:17-9.2 - Specific funding policies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall
				carry out the following functions at public expense and without fees being charged
				to parents:
1. Implementation of the Child Find
				requirements, in accordance with N.J.A.C. 8:17-2;
2. Evaluation and assessment in accordance with
				N.J.A.C. 8:17-6;
3. Service coordination
				in accordance with N.J.A.C. 8:17-3; and
4. Administrative and coordination activities
				related to:
i. The development, review and
				evaluation of an IFSP in accordance with N.J.A.C. 8:17-8; and
ii. The implementation of procedural safeguards in
				accordance with N.J.A.C. 8:17-13 through 16 and all other components of the early
				intervention system in accordance with this chapter.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 9 - FINANCIAL MATTERS › Section 8:17-9.3 - Timely provision of services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Provider agencies
				shall not delay the provision of early intervention services because of disputes
				between agencies regarding financial or other programmatic
				responsibilities.
(b) In the event of
				dispute among agencies, provider agencies, and/or the Department, services are to be
				provided to eligible children and their families in a timely manner as follows:
1. The service coordinator for the family shall
				contact the Procedural Safeguards Office, which shall determine the party that is to
				bear the financial responsibility for functions or services to be provided during
				the pendency of the dispute;
2. Upon
				resolution of an interagency dispute, in accordance with
				8:17-9.4, the Department shall notify
				the provider agency determined to have financial responsibility for the early
				intervention functions or services provided during the pendency of the
				dispute;
3. The written notification
				shall include:
i. The name of the financially
				responsible agency;
ii. The name of the
				eligible child for whom functions or services are to be provided;
iii. The type of each early intervention function
				or service to be provided;
iv. The
				date(s) on which each function or service is to be provided;
v. The frequency and intensity of the early
				intervention service to be provided, the cost of the service, and the total amount
				of reimbursement required for each service; and
vi. The name of the provider agency that is to be
				reimbursed for each function or service.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 9 - FINANCIAL MATTERS › Section 8:17-9.4 - Resolution of interagency disputes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall
				resolve disputes related to early intervention services pursuant to the procedures
				described in (b) below and shall permit each State agency to resolve its own
				internal disputes in accordance with the terms of its interagency
				agreements.
(b) The following procedures
				shall be enforced by the Procedural Safeguards Office to ensure that services are
				provided in a timely manner pending resolution:
1.
				Discussion between the concerned parties at the local level (such as between State
				agency field staff);
2. If the dispute
				is not resolved at the local level, transmission of a letter outlining the dispute
				and parties involved in the dispute to the Department representatives (Assistant
				Commissioner or Director, as appropriate);
3. If the dispute is not resolved within 20
				working-days by the Department representative, following the issuance of the letter
				described in (b)2 above, the representative shall forward the matter to the
				Commissioner at the Department's address provided at
				8:17-1.3;
4. Pursuant to the Interagency Agreement, the
				Commissioner has been assigned responsibility by the Governor to issue a final
				decision, in writing, within 30 days of his or her receipt of the dispute referred
				to in (b)3 above;
5. During the pendency
				of the dispute, the Department shall arrange for payment of services in accordance
				with 8:17-9.5 to assure that services
				continue to be provided without interruption to the child and family during the
				period that it takes for the dispute to be resolved; and/or
6. If, in resolving the dispute, it is determined
				that the assignment of financial responsibility was inappropriately made, the party
				reviewing the dispute shall reassign financial responsibility to the appropriate
				provider agency and arrangements for reimbursement of any expenditures incurred by
				that provider agency originally assigned responsibility shall be made by the party
				that is determined to be financially responsible.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 9 - FINANCIAL MATTERS › Section 8:17-9.5 - Payer of last resort

Current through Register Vol. 56, No. 14, July 15, 2024
(a) NJEIS funding shall not be used to satisfy a
				financial commitment for services that would have been paid for from another public
				or private source, including any medical program administered by the Secretary of
				Defense, but for the enactment of Part C.
(b) Whenever considered necessary by the
				Department to prevent delay in the receipt of appropriate early intervention
				services for a child or the child's family in a timely fashion, NJEIS funding may be
				used to pay for the services pending the reimbursement from the agency that has
				ultimate responsibility for payment.
(c)
				Funding described in (a) above shall not be applied to medical services or well-baby
				health care.
(d) NJEIS funding shall be
				used only for early intervention services that an eligible child needs but to which
				the child is not entitled from any other Federal, State, local, or private
				source.
(e) The availability of NJEIS
				funds shall not be construed to permit the State to reduce medical or other
				assistance available, or to alter eligibility pursuant to Title V of the Social
				Security Act, 42 U.S.C. §§ 7001-713 (relating to maternal and child
				health), or Title XIX of the Social Security Act, 42 U.S.C. §§ 1396-1396v
				(relating to Medicaid for children with disabilities) within the State.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 10 - SUSPENSION AND TERMINATION OF SERVICES › Section 8:17-10.1 - Suspension

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall
				suspend early intervention services for an eligible child or family if:
1. The family consistently fails to attend
				scheduled early intervention sessions, without providing prior notice to the
				provider agency or
2. The practitioner
				reasonably believes that his or her safety would be in jeopardy if he or she were to
				provide services to the child and/or family in the locations designated by the
				family.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 10 - SUSPENSION AND TERMINATION OF SERVICES › Section 8:17-10.2 - Termination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless a family
				appeals a suspension of services pursuant to
				8:17-10.1(c), then,
				pursuant to 8:17-10.1(a)1, a
				suspension of services will lead to termination of a child's services on the
				effective date indicated on the suspension and termination notice described at
				8:17-10.1(b).
1. A termination of services pursuant to (a) above
				shall not affect a family's ability to receive those early intervention services
				that are provided at public expense pursuant to
				8:17-9.2(a).
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 11 - TRANSITION › Section 8:17-11.1 - Procedures for implementation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To ensure a smooth
				transition for children receiving services pursuant to Part C who are eligible for
				preschool under Part B or other appropriate services, are otherwise exiting the
				NJEIS, or are transitioning from one county within the State to another, the parents
				and the staff of both the sending and receiving agencies, as applicable, shall
				participate in the transition, in accordance with (b) through (e) below.
(b) The service coordinator shall ensure that the
				child's IFSP addresses planning for transition as follows:
1. The service coordinator shall facilitate
				transition beginning at least 12 months prior to the child's third birthday by
				holding a transition information session with the family and early intervention
				practitioners as agreed to by the family;
2. At the transition information session, the
				participants shall discuss options for community transitions, the process, where
				appropriate, to notify the local school district that the child may be eligible for
				special education, and preparation for a transition planning conference, including
				an opportunity for record review; and
3.
				If the child is between 24 to 35 months of age when determined eligible for IFSP
				services, the transition information session shall occur as part of the child's
				initial IFSP.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 12 - CONFIDENTIALITY OF INFORMATION › Section 8:17-12.1 - Notice to parents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The service
				coordinator shall give notice that is adequate to fully inform parents about the
				requirements in this subchapter, including a description of:
1. The extent to which the notice is given in the
				primary languages of the various population groups in the State; and
2. The children about whom personally identifiable
				information is maintained; the types of information maintained and sought; the
				methods the State intends to use in gathering the information, including the sources
				from whom information is gathered; and the uses to be made of the
				information.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 12 - CONFIDENTIALITY OF INFORMATION › Section 8:17-12.2 - Access rights

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each provider agency
				shall permit a parent to inspect and review any early intervention record relating
				to the requesting parent's child that are collected, maintained, or used by the
				agency pursuant to Part C.
1. Each provider agency
				shall afford a parent of an eligible child the opportunity to inspect and review
				records relating to evaluations and assessments, eligibility determination,
				development and implementation of IFSPs, individual complaints related to the child,
				and any other subject matter area involving records about the child and the child's
				family pursuant to Part C.
2. Each
				provider agency shall comply with a parent's request to inspect and review records
				without unnecessary delay and prior to holding the IFSP meeting or hearing related
				to the child's identification, evaluation, or placement, or provision of early
				intervention services of the child, and, in no case, later than 45 days after the
				request has been made.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 12 - CONFIDENTIALITY OF INFORMATION › Section 8:17-12.3 - Record of access

Current through Register Vol. 56, No. 14, July 15, 2024
Each provider agency shall keep a record of parties obtaining
				  access to early intervention records collected, maintained or used pursuant to Part
				  C, except access by parents and authorized employees of the provider agency,
				  including the name of the party, the date of access, and the purpose for which the
				  party is authorized to use the record.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 12 - CONFIDENTIALITY OF INFORMATION › Section 8:17-12.4 - Records on more than one child

Current through Register Vol. 56, No. 14, July 15, 2024
If any early intervention record includes information on more
				  than one child, parents of those children have the right to inspect and review only
				  the information relating to their children or to be informed of that specific
				  information.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 12 - CONFIDENTIALITY OF INFORMATION › Section 8:17-12.5 - List of types and locations of information

Current through Register Vol. 56, No. 14, July 15, 2024
Each provider agency shall provide parents, on request, a list of
				  the types and locations of early intervention records collected, maintained, or used
				  by the agency.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 12 - CONFIDENTIALITY OF INFORMATION › Section 8:17-12.6 - Fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A provider agency
				may charge reasonable fees for copies of records if the fee does not prevent the
				parents from exercising their right to inspect and review those records.
(b) A provider agency shall not charge a fee to
				search for or to retrieve information pursuant to Part C.
(c) The fee for copying records shall not exceed $
				1.00 per page and for records that contain more than 100 pages, a copying fee of not
				more than $ 0.25 per page may be charged for pages in excess of the first 100 pages,
				up to a maximum of $ 200.00 for the entire record.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 12 - CONFIDENTIALITY OF INFORMATION › Section 8:17-12.7 - Amendment of records at parent's request

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A parent who
				believes that the information in early intervention records collected, maintained or
				used by the NJEIS is inaccurate or misleading or violates privacy or other rights of
				the child may request the provider agency that maintains the information to amend
				the information and provide supporting documents, where necessary, to effectuate the
				change.
(b) The provider agency shall
				decide whether to amend the information in accordance with the request within 30
				days of receipt of the request.
(c) If
				the provider agency decides not to amend the information in accordance with the
				request, it shall inform the parent, in writing, of its refusal and the right to a
				hearing pursuant to
				8:17-12.8.
(d) If a parent decides not to request a hearing,
				the provider agency shall inform the parent that he or she may place in the record
				it maintains on the child a statement commenting on the information or setting forth
				any reasons for disagreeing with the decision of the agency, and the statement will
				therefore accompany any copy of the child's record sent out in response to future
				requests.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 12 - CONFIDENTIALITY OF INFORMATION › Section 8:17-12.8 - Opportunity for a hearing

Current through Register Vol. 56, No. 14, July 15, 2024
The Department, upon receipt of a written request to the
				  Procedural Safeguards Office, shall provide an opportunity for a hearing to
				  challenge information in the early intervention record to insure that the
				  information is not inaccurate, misleading, or otherwise in violation of the privacy
				  or other rights of the child.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 12 - CONFIDENTIALITY OF INFORMATION › Section 8:17-12.9 - Hearing procedures

Current through Register Vol. 56, No. 14, July 15, 2024
A hearing held pursuant to
				  8:17-12.8 shall be conducted in
				  accordance with procedures in FERPA at
				  34 CFR
				  §
										99.22.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 12 - CONFIDENTIALITY OF INFORMATION › Section 8:17-12.10 - Result of hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If, as a result of a
				hearing conducted pursuant to
				8:17-12.8, the Department decides that
				the information is inaccurate, misleading or otherwise in violation of the privacy
				or other rights of the child, the Department or the provider agency shall amend the
				information accordingly and so inform the parent in writing.
(b) If, as a result of the hearing, the Department
				decides that the information is not inaccurate, misleading, or otherwise in
				violation of the privacy or other rights of the child, the Department shall inform
				the parent of the right to place in the records a provider agency maintains on the
				child a statement commenting on the information or setting forth any reasons for
				disagreeing with the decision of the Department.
(c) Any explanation placed in the early
				intervention record of the child shall:
1. Be
				maintained by the provider agency as part of the records of the child, as long as
				the record or contested portion is maintained by the provider agency; and
2. Be disclosed, if the record or contested part
				of the record is disclosed to any party.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 12 - CONFIDENTIALITY OF INFORMATION › Section 8:17-12.11 - Consent

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Parental consent
				shall be obtained before personally identifiable information is disclosed to anyone
				other than the officials of the provider agency collecting or using information
				under this section, subject to (b) below, or used for any purpose other than meeting
				requirements established pursuant to Part C.
(b) A provider agency shall not release
				information from the record to participating agencies without parental consent
				unless FERPA, at
				34
				CFR §
										99.31, authorizes the
				release.
(c) Should there be
				disagreement between the provider agency and/or the practitioner and the parent
				regarding release of personally identifiable information, the Department shall
				conduct a hearing pursuant to FERPA at
				34 CFR
				§
										99.22.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 12 - CONFIDENTIALITY OF INFORMATION › Section 8:17-12.12 - Safeguards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each provider agency
				shall protect confidentiality of personally identifiable information at collection,
				storage, disclosure and destruction stages.
(b) Each provider agency shall appoint a
				designated person to assume responsibility for insuring confidentiality of
				personally identifiable information.
(c)
				All persons collecting or using personally identifiable information shall receive
				training or instruction regarding this subchapter.
(d) Each provider agency shall maintain, for
				public inspection, a current listing of the names and positions of those employees
				within an agency who may have access to personally identifiable information.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 12 - CONFIDENTIALITY OF INFORMATION › Section 8:17-12.13 - Destruction of information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The provider agency
				shall inform parents when personally identifiable information collected, maintained
				or used pursuant to Part C is no longer needed to provide early intervention
				services to the child.
(b) Subject to
				(c) below, all personally identifiable information shall be destroyed at the request
				of the parents.
(c) The provider agency
				may maintain a permanent record of the child's name, address, telephone number,
				attendance, and year completed without time limitations.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 12 - CONFIDENTIALITY OF INFORMATION › Section 8:17-12.14 - Enforcement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each provider agency
				shall have written policies and procedures that address the compilation,
				maintenance, access to and confidentiality of records.
(b) If compliance deficiencies are identified by
				the Department during a monitoring visit to the provider agency, the Department
				shall notify the provider agency, in writing, of the deficiencies, the corrective
				actions the provider agency has to take, and the timeline for implementing the
				corrective measures.
(c) The provider
				agency shall submit a written plan of corrective action to the Department within 30
				days of receiving notification of the deficiencies from the Department, unless the
				Department specifies otherwise.
(d) If
				the provider agency does not undertake corrective action in the required period, the
				Department, at its discretion, shall terminate or not renew the grant, contract,
				subgrant, and/or consultant contract, with the provider agency, depending on the
				severity of the deficiency.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 13 - PROCEDURAL SAFEGUARDS › Section 8:17-13.1 - Department supervisory obligation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department holds
				general supervisory responsibility to administer and implement procedural safeguards
				that meet the requirements of Part C.
(b) The service coordinator shall provide the
				information concerning the dispute resolution options in this subchapter to parents
				in the written notice required pursuant to
				8:17-4.1.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 13 - PROCEDURAL SAFEGUARDS › Section 8:17-13.2 - Dispute resolution options

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Options for
				resolving disputes include mediation, impartial due process hearings, and
				administrative complaints (also referred to as "complaint
				investigations").
(b) The Procedural
				Safeguards Office shall administer a Statewide mediation system available to ensure
				voluntary access to a non-adversarial process that is consistent with
				34 CFR
				303.431 for the resolution of individual disputes
				regarding the Early Intervention System to address identification, evaluation and
				assessment, eligibility determination, placement, and the provision of appropriate
				early intervention services.
(c) Through
				referral of cases to the Office of Administrative Law, the Procedural Safeguards
				Office shall ensure voluntary access to a Statewide impartial due process hearing
				system that is consistent with
				34 CFR
				303.435 through
				303.438 for the
				resolution of individual disputes regarding the provision of early intervention
				services, including identification, evaluation and assessment, eligibility
				determination, placement , and the provision of appropriate early intervention
				services.
1. For a child above the age of three,
				an impartial due process hearing may only be requested with respect to the services
				provided or denied while the child is receiving compensatory early intervention
				services. Compensatory early intervention services are not approved for missed
				services as a result of family unavailability, provider agency closures, holidays,
				and practitioner illness.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 13 - PROCEDURAL SAFEGUARDS › Section 8:17-13.3 - Right to request mediation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each provider agency
				shall promptly notify the parent in writing of any provider agency decision
				affecting the child. A request for mediation shall be in writing, signed and dated
				by the parent, the parent's representative, the local or regional provider agency,
				or by an authorized representative of a participating agency seeking mediation.
1. A request for mediation on behalf of a parent
				that is signed by an entity other than the parent shall be accompanied by the
				written consent of the parents to engage in mediation, which consent shall be
				explained to the parent in the primary language of the parent and in a manner
				understandable to the parent.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 13 - PROCEDURAL SAFEGUARDS › Section 8:17-13.6 - Mediation proceeding content not to be recorded or introduced in subsequent proceedings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Neither the mediator
				nor any party to a mediation proceeding shall record or transcribe discussions held
				during mediation.
(b) No party to
				mediation shall introduce discussions held during mediation as evidence in a
				subsequent impartial due process hearing or civil proceeding.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 13 - PROCEDURAL SAFEGUARDS › Section 8:17-13.7 - Incorporation of mediation agreement into IFSP; agreement binding on EIS

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The service
				coordinator shall incorporate the terms of a written agreement negotiated as a
				result of mediation into the IFSP within five business-days of the service
				coordinator's receipt of the written agreement pursuant to
				8:17-13.4(a)7.
(b) Upon its incorporation into the IFSP pursuant
				to this section, a mediation agreement is binding on the early intervention system.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 13 - PROCEDURAL SAFEGUARDS › Section 8:17-13.8 - Impartial due process hearing request procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An impartial due
				process hearing is an administrative hearing conducted by an administrative law
				judge, who is an impartial person and who has knowledge about the Act and this
				chapter and the needs of and services available for eligible and potentially
				eligible children and their families.
1. As used
				in this section, "impartial person" means a person who:
i. Is not an employee of an entity involved in the
				provision of early intervention services;
ii. Is not involved in the care of the child;
				and
iii. Does not have a personal or
				professional interest that would impair the person's objectivity in implementing the
				hearing process.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 13 - PROCEDURAL SAFEGUARDS › Section 8:17-13.10 - Parties' response to impartial due process hearing request

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 14
				calendar-days of the filing of a request for a impartial due process hearing with
				the Procedural Safeguards Office and issuance of notice pursuant to
				8:17-13.8(c)2, the
				party against whom a request for an impartial due process hearing is directed shall:
1. Provide a written response to the party that
				requested the impartial due process hearing specifically addressing the issues
				raised in the request for an impartial due process hearing.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 13 - PROCEDURAL SAFEGUARDS › Section 8:17-13.11 - Postponement or continuance of impartial due process hearings

Current through Register Vol. 56, No. 14, July 15, 2024
Persons requesting postponements or continuances of scheduled
				  hearings shall direct such requests to the Office of Administrative Law, which
				  requests shall be governed by
				  1:6A-9.2.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 13 - PROCEDURAL SAFEGUARDS › Section 8:17-13.12 - Conduct of hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An impartial due process hearing shall be
				closed to the public unless the parent requests an open hearing, which request shall
				be determined in the discretion of the administrative law judge.
(b) Impartial due process hearings shall be
				conducted pursuant to the Administrative Procedure Act,
				N.J.S.A. 52:14B-1 et seq.,
				and 52:14F-1 et seq., the Uniform Administrative Procedure Rules, N.J.A.C. 1:1, and
				the Special Rules for Special Education Program, N.J.A.C. 1:6A, except that the
				following rules shall not apply:
				N.J.A.C.
				1:6A-1.1(b), 4.1, 5.1(a), 12.1,
				13.1, 14.2, 14.4, 18.1, and 18.2(b); provided that the term "Procedural Safeguards
				Office" shall be substituted for "Special Education Program of the Department of
				Education" and "Department of Education," and "N.J.A.C. 8:17" shall replace
				references to "N.J.A.C. 6A:14" in those provisions at N.J.A.C. 1:6A, which are
				incorporated by reference.
(c) Upon
				conclusion of the impartial due process hearing and within 30 days of the receipt of
				the hearing notice, the decision, consistent with
				N.J.A.C.
				1:1-18.3, shall contain:
1. Findings of fact and conclusions of
				law;
2. A determination regarding the
				matters in dispute; and 3. An order of implementation of the
				determination.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 13 - PROCEDURAL SAFEGUARDS › Section 8:17-13.13 - Incorporation of written decision of impartial due process hearing into IFSP; agreement binding on EIS

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The service
				coordinator shall incorporate the terms of a written decision of the impartial due
				process hearing into the IFSP within seven days of the service coordinator's receipt
				of the written decision pursuant to
				8:17-13.12(d).
(b) Upon on its incorporation into the IFSP, the
				written decision is binding on the early intervention system.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 13 - PROCEDURAL SAFEGUARDS › Section 8:17-13.14 - Appeal of impartial due process hearing decision

Current through Register Vol. 56, No. 14, July 15, 2024
Pursuant to Section 639(a)(1) of the IDEA, any party may appeal
				  an impartial due process hearing decision to the Superior Court of New Jersey, or to
				  a district court of the United States.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 13 - PROCEDURAL SAFEGUARDS › Section 8:17-13.15 - Procedure to request a complaint investigation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Persons who wish to
				file a complaint shall file the complaint in writing with the Procedural Safeguards
				Office, subject to (d) below.
(b) A
				complaint shall:
1. Identify the requirement of
				Federal or State early intervention law that an individual, program, or agency has
				violated;
2. Identify the individual,
				program, or agency that is alleged to have made the violation;
3. State the facts on which the complaint is
				based; and
4. Contain the signature of
				the individual filing the complaint, or the signature of an individual authorized to
				act on behalf of an organization.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 13 - PROCEDURAL SAFEGUARDS › Section 8:17-13.16 - Procedural Safeguards Office complaint process responsibilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Procedural
				Safeguards Office shall investigate any complaint it receives including individual
				child complaints and those that are systemic in nature.
(b) Upon receipt of a complaint that generally
				affects only a single child or the child's family, and that is not directed against
				a policy, pattern, or practice that is alleged to be a violation of Part C of IDEA
				or State early intervention law or guidelines, the Procedural Safeguards Office
				shall notify the parent and/or the parent's authorized representative as to the
				availability of mediation and/or impartial due process hearing proceedings, and the
				procedures to request such proceedings.
(c) If a complaint addresses matters that are also
				the subject of a pending impartial due process hearing, or contains multiple issues,
				among which, one or more is the subject of a pending impartial due process hearing,
				the Procedural Safeguards Office shall sever the part of the complaint that is the
				subject of the impartial due process hearing until the conclusion of the hearing.
1. Issues in a complaint that are not the subject
				of the pending impartial due process hearing, including any allegations of systemic
				violations, shall be resolved within 60 calendar days.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 13 - PROCEDURAL SAFEGUARDS › Section 8:17-13.17 - Incorporation of written decision of complaint investigation into IFSP; agreement binding on EIS

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As appropriate, the
				service coordinator shall incorporate the terms of a written decision of a complaint
				investigation into the IFSP within seven days of the service coordinator's receipt
				of the written decision pursuant to
				8:17-13.16(j).
(b) Upon on its incorporation into the IFSP, the
				written decision of a complaint investigation is binding on the early intervention
				system.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 14 - COMPREHENSIVE SYSTEM OF PERSONNEL DEVELOPMENT › Section 8:17-14.1 - General requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department has
				established and implemented a Comprehensive System of Personnel Development (CSPD)
				through a Statewide network of regional training and technical assistance
				coordinators who work at the regional and/or local practitioner level.
(b) The goal of the CSPD for early intervention is
				to enable children with special needs and their families to participate in high
				quality early intervention services by ensuring that services are provided by
				qualified, personnel in all disciplines listed in N.J.A.C. 8:17-15.
(c) The term "personnel" in this context does not
				refer to employees of the Department, but instead, refers to individuals who are
				employees, contractors and/or subcontractors of private and/or public entities that
				receive funding from the Department for the delivery of early intervention
				services.
(d) The CSPD shall:
1. Provide for pre-service and in-service training
				to be conducted on an interdisciplinary basis to the extent appropriate;
2. Provide for the training of a variety of
				professionals and paraprofessionals needed to meet the requirements of this chapter,
				including:
i. Public and private
				practitioners;
ii. Primary referral
				sources;
iii. Paraprofessionals;
				and
iv. Professionals who serve as
				service coordinators; and
3.
				Ensure that training provided relates specifically to:
i. Understanding the basic components of early
				intervention services available in New Jersey;
ii. Assisting families to enhance development of
				their child and to participate fully in the development and implementation of IFSPs;
				and
iii. Assisting families to
				understand their rights, procedural safeguards, and the process for accessing
				services through the early intervention system.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 14 - COMPREHENSIVE SYSTEM OF PERSONNEL DEVELOPMENT › Section 8:17-14.2 - Needs assessment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The monitoring and
				needs assessment process for the NJEIS, as described at
				8:17-14.1(e), shall
				include both formal and informal techniques that are responsive to the geographic,
				personnel and organizational differences that may exist within the State.
(b) Priority training topics for provider agencies
				and practitioners are identified by analyzing data obtained from:
1. State CSPD needs assessments;
2. The SICC;
3. The Statewide Parent Advocacy Network
				assessment of needs;
4. Local agencies'
				interdisciplinary needs assessments;
5.
				Regional needs assessments;
6. Reports
				from time-limited work groups and task forces;
7. Evaluations from Statewide technical assistance
				and/or in-service meetings; and
8.
				Information from quality assurance activities, including self-assessment, data
				collection, monitoring, family and practitioner surveys.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 14 - COMPREHENSIVE SYSTEM OF PERSONNEL DEVELOPMENT › Section 8:17-14.3 - CSPD activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) CSPD activities
				shall include:
1. Implementing innovative
				strategies and activities for the recruitment and retention of early intervention
				practitioners;
2. Promoting the
				preparation of early intervention practitioners, including paraprofessionals and
				assistants fully and appropriately qualified to provide early intervention services;
				and
3. Training personnel to coordinate
				transition services for children with disabilities from an early intervention
				program established pursuant to Part C and pursuant to Part B, other than §619
				of Part B, to a preschool program receiving funds pursuant to §619 of Part B,
				or another appropriate program.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 15 - PERSONNEL STANDARDS › Section 8:17-15.1 - Standards to serve as a practitioner within the NJEIS

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				requirements are applicable to personnel that work for provider agencies and are
				employed as practitioners to fulfill the early intervention service needs described
				in this subchapter.
1. The term "personnel" in
				this context does not refer to employees of the Department.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 15 - PERSONNEL STANDARDS › Section 8:17-15.2 - Criminal background checks

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Existing staff
				members of provider agencies and individuals seeking employment therein shall be
				permanently disqualified from providing early intervention services, if, after
				criminal history record background checks, conducted at the expense of provider
				agencies, it is revealed that the individuals have been convicted of crimes listed
				in (b)1 through 3 below.
(b) An agency
				or business is prohibited from serving or "is ineligible to serve" the NJEIS as a
				provider agency if the owner has a criminal record that reveals a conviction for any
				of the following crimes and offenses:
1. In New
				Jersey, any of the following crimes or disorderly persons offenses:
i. A crime against a child, including endangering
				the welfare of a child and child pornography pursuant to
				N.J.S.A.
				2C:24-4; and child molestation as set forth in
				N.J.S.A. 2C:14-1 et
				seq.;
ii. Abuse, abandonment or neglect
				of a child pursuant to
				N.J.S.A.
				9:6-3;
iii. Endangering the welfare of an incompetent
				person pursuant to
				N.J.S.A. 2C:24-7;
iv. Sexual assault, criminal sexual contact or
				lewdness pursuant to
				N.J.S.A. 2C:14-2
				through 14-4;
v. Murder pursuant to
				N.J.S.A. 2C:11-3 or
				manslaughter pursuant to
				N.J.S.A.
				2C:11-4;
vi. Stalking pursuant to
				N.J.S.A.
				2C:12-10;
vii. Kidnapping and related offenses, including
				criminal restraint, false imprisonment, interference with custody, criminal
				coercion, or enticing a child into a motor vehicle, structure or isolated area
				pursuant to
				N.J.S.A. 2C:13-1 through
				6;
viii. Arson pursuant to
				N.J.S.A.
				2C:17-1, or causing or risking widespread injury
				or damage that would con stitute a crime of the second degree pursuant to
				N.J.S.A.
				2C:17-2;
ix. Terroristic threats pursuant to
				N.J.S.A. 2C:12-3;
				and
x. An attempt or conspiracy to
				commit any of the crimes or offenses listed in (a)1i through ix
				above.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 15 - PERSONNEL STANDARDS › Section 8:17-15.3 - Temporary licensure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may
				permit the hiring of individuals who possess a temporary license issued by a State
				licensing board to address the immediate needs of eligible children and their
				families.
(b) Personnel who are subject
				to State licensure, registration, and/or certification standards to provide services
				as professionals listed at
				8:17-15.1(e)  and who
				hold only temporary or conditional licensure, registration, and/or certification,
				and who otherwise satisfy
				8:17-15.1, are eligible to provide early
				intervention services pursuant to their licensed, registered, and/or certified scope
				of practice and subject to any conditions the State licensing, registering, and/or
				certifying entity imposes, unless and until the earlier of either of the following
				occur:
1. The State licensing, registering, and/or
				certifying entity that issues the professional's temporary and/or conditional
				licensure, registration, and/or certification suspends or revokes the temporary
				and/or conditional licensure, registration, and/or certification; or
2. The temporary and/or conditional licensure,
				registration, and/or certification expires.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 15 - PERSONNEL STANDARDS › Section 8:17-15.4 - Paraprofessionals and assistants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Minimum
				qualifications of various paraprofessionals and assistants are as follows:
1. A child development associate shall have a high
				school diploma or GED and documented experience working with persons with
				disabilities from birth to five years of age;
2. An occupational therapy assistant shall meet
				the licensure requirements at N.J.S.A. 45:937.62;
3. A physical therapy assistant shall meet the
				licensure requirements at
				N.J.S.A. 45:9-37.11
				through
				45:9-37.34f;
				and
4. A service coordinator associate
				shall have a high school diploma or GED.
i. With
				Department approval, immediate family members, that is, parents or siblings, of a
				child with special needs or community members of an underserved population, who do
				not meet the education requirement at (a)4 above may be hired in accordance with a
				written plan for the education requirement to be met within a specified
				time.
ii. The service coordinator
				associate's roles, responsibilities, and level of supervision shall be commensurate
				with his or her experience.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 16 - CENTRAL DIRECTORY AND PUBLIC AWARENESS › Section 8:17-16.1 - Central directory

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The central directory for New Jersey,
				available on the Department of Health, Parent Link website at
http://www.state.nj.us/njparentlink/about/eccs.html
.
1. Public and private early intervention services,
				resources, and experts in the State;
2.
				Research and demonstration projects being conducted in the State; and
3. Practitioner and other groups that assist
				eligible children and their families pursuant to Part C.