New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 1 - GENERAL PROVISIONS › Section 8:17-1.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, have the
				  following meanings, unless the context clearly indicates otherwise:
"Academy for Certification of Vision Rehabilitation and Education
				  Professionals" means the entity by that name for which the contact information is
				  Academy for Certification of Vision Rehabilitation and Education Professionals, 4380
				  Suite #200, Tucson, AZ 85718, (520) 887-6816, telefacsimile (520) 887-6826,
www.acvrep.org
.
"Act" means the Individuals with Disabilities Education Act
				  (IDEA) at
				  20 U.S.C. §§
										1431 through
				  1444
				  and the implementing regulations at 34 CFR Parts 300 and 303, incorporated herein by
				  reference, as amended and supplemented.
"Assessment" means ongoing procedures used by an appropriate
				  qualified practitioner throughout the period of a child's eligibility under
				  N.J.A.C.
				  8:17-7.1 to identify:
1. The child's unique strengths and needs and the early
				  intervention services appropriate to meet those needs; and
2. The resources, priorities and concerns of the family and the
				  supports and services necessary to enhance the capacity of the child's family to
				  meet the developmental needs of the child.
"At risk" means, a potentially eligible child that has biological
				  or environmental risk factors that place a child at a higher risk of developmental
				  delay than children without these factors.
"Battelle Developmental Inventory II" or "BDI" means the ongoing
				  progress-monitoring instrument utilized by practitioners within the NJEIS to conduct
				  evaluations and assessments of children to determine eligibility for early
				  intervention services based upon requirements set forth at
				  N.J.A.C.
				  8:17-7.1.
"Behavior specialist" means a person who:
1. Holds a bachelor's degree or higher from an accredited
				  institution in health, human service, or education field;
2. Has taken and completed coursework from an accredited
				  institution in behavioral methodology for children; and
3. Has at least one year of documented professional experience
				  implementing behavioral intervention programs for individuals from birth to five
				  years of age who have developmental delays and disabilities.
"Central directory" means a compilation of information and
				  resources, also known as the "Resource Directory," developed by the Department of
				  Human Services for public use in accessing services and assistance available in New
				  Jersey including procedures for making referrals.
"Child" means an infant or toddler from birth until the third
				  birthday.
"Child development specialist" means a person who has a
				  bachelor's degree or higher from an accredited institution in a health, human
				  service, or education field and:
1. At least one year of documented professional experience with
				  individuals from birth to five years of age who have developmental delays and
				  disabilities; or
2. At least six credits in infant or early childhood development
				  and/or special education coursework.
"Child Find System" means the program to locate children
				  potentially eligible to participate in the NJEIS, pursuant to Part B and the rules
				  of the DOE, at
				  N.J.A.C.
				  6A:14-3.3, that is jointly administered by the
				  Department and the DOE.
"Clinical Nutrition Certification Board" means the entity by that
				  name for which the contact information is Clinical Nutrition Certification Board,
				  400 Chisholm Place, Suite 303, Plano, TX 75075, (972) 250-2829, telefacsimile (972)
				  2500233,
www.cncb.org
.
"Commission on Dietetic Registration" means the entity by that
				  name for which the contact information is Commission on Dietetic Registration, 120
				  South Riverside Plaza, Suite 2190, Chicago, IL 60606-6995, (312) 899-0040 extension
				  5500 or toll-free (800) 877-1600 extension 5500, telefacsimile (312) 899-4772,
www.cdrnet.org
.
"Commissioner" means the Commissioner of the Department of
				  Health.
"Compensatory early intervention services" means services that
				  the NJEIS has approved for a child beyond age three to compensate for missed
				  services that occurred, at no fault of the child or his or her parent, as a result
				  of a failure of a practitioner to deliver such services during the child's
				  eligibility.
"Consent" means the parent of an eligible or potentially eligible
				  child:
1. Has been fully informed of all information relevant to the
				  activity for which consent is sought, in the parent's primary language or by means
				  of another appropriate mode of communication;
2. Understands and agrees in writing to the carrying out of the
				  activity for which consent is sought, and the consent describes that activity and
				  lists the records, if any, that may be released and to whom;
3. Understands that the granting of consent is voluntary on the
				  part of the parent and may be revoked at any time, thereby canceling consent for
				  services not yet rendered; and
4. Understands that he or she has the right to determine to accept
				  or decline any offered early intervention service on behalf of his or her child, or
				  other family members, and to decline such a service after first accepting it,
				  without jeopardizing other early intervention services.
"Corrected age" means, as used relative to a prematurely born
				  child, the age the child would be if the pregnancy had actually proceeded to term,
				  for a full 40-week gestation period.
"CSPD" means "comprehensive system of personnel
				  development."
"Day" means calendar day, unless business day is expressly
				  specified.
"Department" or "lead agency" means the New Jersey Department of
				  Health, of which the mailing address is:
1. New Jersey Department of Health, PO Box 360, Trenton, NJ
				  08625-0360; or
2. For NJEIS inquiries, New Jersey Early Intervention System, NJ
				  Department of Health, PO Box 364, Trenton, NJ 08625-0364.
"Department of Children and Families" or "DCF" means the New
				  Jersey Department of Children and Families.
"Department of Education" or "DOE" means the New Jersey
				  Department of Education.
"Department of Human Services" or "DHS" means the New Jersey
				  Department of Human Services.
"Destruction" means physical destruction or removal of personal
				  identifiers from information, so that information is no longer personally
				  identifiable.
"Developmental delay" means, at a minimum, a delay of either 33
				  percent in one developmental area or 25 percent in two or more developmental areas,
				  or, if appropriate standardized instruments are individually administered in the
				  evaluation process, a score of at least 2.0 standard deviations below the mean in
				  one functional area or a score of at least 1.5 standard deviations below the mean in
				  each of two functional areas.
"Early intervention services" means services provided through the
				  NJEIS that are:
1. Designed to meet the developmental needs of each eligible child
				  and the needs of the child's family, as identified by the Individualized Family
				  Service Plan team, related to enhancing the child's development;
2. Selected in collaboration with the parents;
3. Provided:
i. Under public supervision;
ii. By qualified personnel;
iii. In conformity with an IFSP; and
iv. At public expense, subject to the system of payments by
				  families, including a schedule of sliding fees established by the Department;
				  and
4. Based on peer-reviewed research, to the extent practicable.
"Eligible child" means a child who has one or more developmental
				  delays, as described at
				  N.J.A.C.
				  8:17-7.1, including diagnosed physical and or
				  mental conditions enumerated at
				  N.J.A.C.
				  8:17-7.1(d).
"Evaluation" means the multidisciplinary procedure to determine
				  the initial and continuing eligibility of children to receive early intervention
				  services.
"Extraordinary expenses" means monthly or yearly expenses a
				  household incurs to accommodate and/or address an eligible child's disability and/or
				  the disability or long-term health issue of a member of the child's household, for
				  which expenses the household has exhausted and/or been determined ineligible for
				  payment assistance and/or reimbursement from all alternative sources.
1. Examples of expenses that are eligible for consideration as
				  extraordinary expenses are current and/or ongoing expenses for equipment for, and
				  improvements, modifications, and alterations to, the family residence or vehicle
				  that a family has made within the previous month or year to accommodate the
				  long-term and/or additional needs of the eligible child or other household member
				  with a disability or long-term health issue.
2. The term "extraordinary expenses" excludes expenses:
i. That the household has not yet incurred;
ii. For which an application for payment assistance or
				  reimbursement is pending before another agency or funding resource;
iii. For which an application for payment assistance or
				  reimbursement may be made but has not been made; and/or
iv. For goods and/or services that another public or private
				  agency or entity, such as an insurer, an advocacy or support group, or the Federal
				  government can provide in a comparably suitable manner or condition at lesser or no
				  cost to the household.
"Family Educational Rights and Privacy Act" or "FERPA" means,
				  collectively,
				  20 U.S.C. §
										1232g and the implementing regulations at 34 CFR
				  Part 99 , as amended and supplemented.
"Homeless child" means a child who is homeless within the meaning
				  of section 725 of the McKinney-Vento Homeless Assistance Act at
				  42 U.S.C.
				  §
										11434a.
"Individualized Family Service Plan" or "IFSP" means a written
				  plan that is developed jointly by the family and appropriate qualified professionals
				  providing early intervention services to a child determined to be an eligible child
				  and his or her family that is based on a multidisciplinary evaluation and assessment
				  of the child and the child's family and includes services necessary to enhance the
				  development of the child and the capacity of the child's family to meet the child's
				  developmental needs.
"Informed clinical opinion" means a judgment made by a qualified
				  practitioner, acting within his or her authorized scope of practice regarding the
				  developmental status of a child, based upon the practitioner's education and
				  experience, using methods and techniques that have earned mainstream recognition as
				  valid within the practitioner's particular discipline or area of expertise, taking
				  into consideration the child's overall development and involving a multidisciplinary
				  approach to determining the child's developmental status.
"Multidisciplinary" means the involvement of two or more
				  disciplines or professions in the provision of integrated and coordinated services
				  including evaluation and assessment activities and the development of the
				  IFSP.
"Natural environments" means settings, that are natural or normal
				  for an eligible child's age peers who have no disabilities, such as the child's home
				  and community.
"New Jersey Early Intervention System" or "NJEIS" means the
				  Statewide system for locating and determining the eligibility of children
				  potentially eligible to receive early intervention services, and for providing early
				  intervention services to eligible children and their families pursuant to Part
				  C.
"Occupational therapist" means a person licensed as an
				  occupational therapist by the Occupational Therapy Advisory Council of the Division
				  of Consumer Affairs in the New Jersey Department of Law and Public Safety, pursuant
				  to N.J.S.A. 45:9-37.51 et seq. and N.J.A.C. 13:44K, who preferably has at least one
				  year of documented professional experience with individuals from birth to five years
				  of age who have developmental delays and disabilities.
"Orientation and mobility specialist" means a person who is
				  certified as an orientation and mobility specialist by the Academy for Certification
				  of Vision Rehabilitation and Education Professionals.
"Parent" means:
1. A biological or adoptive parent;
2. A foster parent of a child, pursuant to the definition of a
				  "resource parent," as defined at N.J.S.A. 30:4C-26.4;
3. A guardian generally authorized to act as the child's parent,
				  or authorized to make early intervention decisions for the child (but not the State
				  if the child is a ward of the State);
4. An individual acting in the place of a biological or adoptive
				  parent (including a grandparent, stepparent, or other relative) with whom the child
				  lives, or an individual who is legally responsible for the child's welfare;
5. An individual appointed by a court having jurisdiction over the
				  child, pursuant to
				  34 CFR §
										300.30(b)(2); or
6. A surrogate parent assigned pursuant to N.J.A.C. 8:17-5.
"Part B" means service requirements under Part B of the Act
				  administered by the New Jersey Department of Education pursuant to N.J.A.C.
				  6A:14.
"Part C" means service requirements under Part C of the Act
				  administered by the Department pursuant to this chapter.
"Participating agency" means any agency or institution that
				  collects, maintains, or uses personally identifiable information or from which
				  information is obtained under the NJEIS, and includes the Department.
"Personally identifiable" means:
1. The name of a child, a child's parent, or other family
				  member;
2. The address of the child or the child's family;
3. A personal identifier, such as the child's or parent's social
				  security number; or
4. Any list of personal characteristics or other information that
				  would make it possible to identify the child or the child's parents with reasonable
				  certainty.
"Physical therapist" means a person licensed as a physical
				  therapist by the Board of Physical Therapy of the Division of Consumer Affairs in
				  the New Jersey Department of Law and Public Safety, pursuant to N.J.S.A. 45:9-37.11
				  et seq. and N.J.A.C. 13:39A, who preferably has at least one year of documented
				  professional experience with individuals from birth to five years of age who have
				  developmental delays and disabilities.
"Practitioner" means a person who provides service coordination,
				  evaluation, assessment, or services contained in an IFSP, to children and their
				  families.
"Primary language" when used with reference to persons with
				  limited English proficiency, means the language or mode of communication normally
				  used by the parent of a child.
"Primary referral source" means an entity that refers children
				  potentially eligible for early intervention services to an SPOE and includes those
				  entities identified at
				  34 CFR
				  §
										303.321(d)(3) and also
				  includes:
1. Hospitals, including prenatal and postnatal care
				  facilities;
2. Physicians;
3. Parents;
4. Child care programs;
5. Local education agencies;
6. Local early intervention programs and practitioners;
7. Public health agencies;
8. Other social service agencies;
9. Other health care practitioners; and
10. Parent and practitioner organizations.
"Private programs" means services that a family accesses outside
				  of the New Jersey Early Intervention System for an eligible child.
"Procedural Safeguards Office" means the office within the NJEIS
				  designated to coordinate dispute resolution processes involving allegations of Part
				  C violations, for which the mailing address is Procedural Safeguards Office, NJEIS,
				  Division of Family Health Services, Public Health Services Branch, New Jersey
				  Department of Health PO Box 364, Trenton, NJ 08625-0364.
"Provider agency" means an entity receiving funds from the
				  Department for purposes of carrying out activities under Part C.
"Public awareness program" means the total continuous ongoing
				  Statewide effort by the Department to prepare and disseminate materials to all
				  primary referral sources, major State organizations and the public that focuses on
				  the early identification of eligible children and informs the public about the
				  NJEIS, Child Find, referrals, multidisciplinary evaluations, availability of early
				  intervention services, family rights, and the central directory.
"Qualified" means that a person has met State-approved or
				  recognized certification, licensing, registration, or other comparable requirements
				  that apply to the area in which the person is providing early intervention services,
				  consistent with the provisions of N.J.A.C. 8:17-15.
"Registered dietitian" means a person who is:
1. Registered by the Commission of Dietetic Registration;
2. Board-certified as a specialist in pediatric nutrition by the
				  Commission on Dietetic Registration; or
3. Certified as a clinical nutritionist by the Clinical Nutrition
				  Certification Board.
"Service coordinator" means a practitioner assigned to serve as
				  the primary point of contact with families to arrange and manage necessary service
				  delivery to children and families served by the NJEIS.
"Special educator" means a person who has at least a bachelor's
				  degree certified by the New Jersey Department of Education as a Teacher with an
				  endorsement pursuant to N.J.A.C. 6A:9-11.3as a Teacher of Students with
				  Disabilities, a Teacher of the Deaf or Hard of Hearing, and/or a Teacher of the
				  Blind or Visually Impaired, and who has:
1. At least one year of documented professional experience with
				  individuals from birth to five years of age who have developmental delays and
				  disabilities; or
2. At least six credits in infant and toddler development or early
				  childhood development.
"Speech and language pathologist" means a person who is licensed
				  as a speech-language pathologist by the Audiology and Speech-Language Pathology
				  Advisory Committee of the Division of Consumer Affairs in the New Jersey Department
				  of Law and Public Safety, pursuant to N.J.S.A. 45:3B and N.J.A.C. 13:44C, who
				  preferably has at least one year of documented professional experience with
				  individuals from birth to five years of age who have developmental delays and
				  disabilities.
"State Interagency Coordinating Council" or "SICC" means the
				  entity established pursuant to Executive Order No. 94 (Governor Florio, May 21,
				  1993), as continued pursuant to Executive Order No. 27 (Governor Corzine, August 17,
				  2006).
"Surrogate parent" means an individual assigned, pursuant to
				  N.J.A.C. 8:17-5.1, to serve as parent for a child served by the NJEIS.
"System point of entry" or "SPOE" means one or more entities
				  identified by the Department through a grant process to serve as a point of entry
				  for families into the New Jersey Early Intervention System.
"Ward of the State" means a child who, pursuant to an order of a
				  court of competent jurisdiction, is under the guardianship of an agency of the
				  State, is a foster child for whom the foster parent is not the child's parent or is
				  a child who, pursuant to an order of a court of competent jurisdiction, is in the
				  custody of the DCF.