New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter H - Family Health › Part 69 - Family Health › Subpart 69-4 - Early Intervention Program › Section 69-4.26 - Content and retention of child records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Municipalities shall maintain an early
					 intervention record for each child referred to the program which documents the
					 performance of all activities required to be completed by early intervention
					 officials or their designees on behalf of eligible children under Article 25 of
					 Title II-A of Public Health Law. The early intervention record shall be
					 maintained in a confidential manner in accordance with section
					 69-4.17(c)  of
					 this s ubpart. The early intervention record shall include the following:
(1) the original or a copy of intake and
					 referral documents, which must include the date the child's referral was
					 received by the municipality;
(2)
					 Medicaid and third party payor information required for claiming, including the
					 date such information was obtained and updated;
(3) documentation signed by the parent
					 acknowledging receipt of information regarding the rights afforded parents
					 under the Early Intervention Program;
(4) copies of all required written notices to
					 the parent, which shall set forth the date the notice was sent to the
					 parent;
(5) original or copy of
					 signed and dated consent from the parent for the child's and family's
					 participation in the Early Intervention Program;
(6) documentation identifying the child's and
					 family's initial service coordinator and the date on which the such service
					 coordinator was assigned to the child and family;
(7) where applicable, documentation of the
					 designation of a surrogate parent for a child, including the date assigned, the
					 surrogate parent's name and contact information, and circumstances leading to
					 the designation of a surrogate parent;
(8) any evaluation and diagnostic reports,
					 including family -directed assessments and any medical records and
					 correspondence to/from primary care physician(s) that are part of the
					 evaluation record and demonstrate ongoing physician involvement;
(9) the child's and family's individualized
					 family service plan and related documentation, including required six-month
					 reviews, annual evaluations, amendments to the plan and any progress notes and
					 other reports and documentation used at individualized family service plan
					 meetings;
(10) originals or copies
					 of all correspondence to/from the municipality regarding the child and family.
					 Municipalities shall also maintain in the child's record notations of any
					 relevant discussions with parents, providers or others regarding the child and
					 the child's family and their participation in the Early Intervention Program,
					 except as otherwise prohibited by law;
(11) for children in the care and custody or
					 custody and guardianship of the local social services commissioner, originals
					 or copies of any correspondence with the commissioner or designee of the local
					 social services districts. Municipalities shall also maintain in the child's
					 record notations of any relevant discussions with the commissioner or designee
					 of the local social services district regarding the child's participation in
					 the EIP;
(12) all records
					 pertaining to any due process proceedings, except as otherwise prohibited by
					 law, related to the child's and family's participation in the Early
					 Intervention Program;
(13) original
					 or copies of all correspondence with the local school district regarding the
					 child's transition from the Early Intervention Program to services under
					 section 4410  of the Education Law. Municipalities must also maintain in the
					 child's record notations of all actions taken to ensure a smooth transition for
					 the child from the Early Intervention Program to services under section 4410  of
					 the Education Law;
(14) reasons for
					 a municipalities closure of a child's case in the Early Intervention Program
					 and date of the closure;
(15) any
					 other documentation and records pertaining to municipal actions and
					 responsibilities pertaining to the child's and family's participation in the
					 Early Intervention Program.