Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-10 - Early Intervention Program › Section 5123-10-02 - Early intervention program - eligibility and services

Current through all regulations passed and filed through July 1, 2024
(A) Purpose
This rule sets forth the early intervention program
				requirements for eligibility, developmental screening, evaluation, assessment,
				individualized family service plan meetings and content, transition to
				preschool and other programs, service coordination, early intervention records,
				and exiting and transferring from the early intervention program.
(B) Definitions
For the purposes of this rule, the following definitions
				 apply:
(1) "Assessment of
			 the child" means the ongoing procedures used by qualified personnel
			  on a multidisciplinary team to identify a child's unique
			 strengths and needs, and the early intervention services appropriate to meet
			 those needs throughout the period of the child's eligibility.
(2)
									"Case notes"
			 means the documentation created or compiled by early intervention service
			 providers determining eligibility or providing services pursuant to this rule,
			 including but not limited to, early intervention service coordinators,
			 interventionists, intake coordinators, evaluators, and assessors. Documentation
			 includes, at a minimum, the early intervention activity including scheduling
			 and coordinating, the date, the purpose, the method of communication, and the
			 resolution of the activity, names and roles of those involved including the
			 provider, and all contacts and attempted contacts.
(3)
			 "Consent" means that a parent:
(a) Has been
			 informed of the information relevant to the activity for which consent is
			 sought, in the parent's native language;
(b) Agrees in writing to the carrying out of
			 the activity for which the parent's consent is sought; and
(c) Understands that the granting of consent
			 is voluntary on the part of the parent and may be revoked at any time and that
			 if the parent revokes consent, revocation is not retroactive.
(4) "Department" means
			 the Ohio department of developmental disabilities.
(5) "Developmental
			 delay" means that a child has not reached developmental milestones expected for
			 
									the
			 child's chronological age as measured by qualified personnel using
			 appropriate diagnostic instruments and/or procedures.
(6)
			 "Developmental screening" means activities carried out by, or under the
			 supervision of, an early intervention service provider to identify, at the
			 earliest possible age, children suspected of having a developmental delay or
			 disability.
(7) "Duration" means
			 projecting when a given service will no longer be provided (such as when a
			 child is expected to achieve the outcomes in 
									the individualized family service
			 plan or until a child turns three years of age).
(8) "Early intervention
			 program" means Ohio's statewide system that provides coordinated services to
			 parents of infants and toddlers with delays or disabilities in accordance with
			 part C.
(9) "Early intervention
			 records" means all records, in any format,
			 regarding a child that are collected, maintained, or used under part
			 C.
(10) "Early
			 intervention service coordinator" means a person who holds an early
			 intervention service coordinator credential or an early intervention service
			 coordination supervisor credential issued in accordance with rule
			 5123-10-04 of the Administrative
			 Code and assists and enables an infant or toddler with a developmental delay or
			 disability and the child's family to receive the services and rights, including
			 procedural safeguards, required under part C.
(11) "Early
			 intervention service provider" means an entity that, or an individual who,
			 provides early intervention services under part C, and may include, where
			 appropriate, the department and a public agency responsible for providing early
			 intervention services under part C.
(12) "Early
			 intervention services" means developmental services described in appendix A to
			 this rule, selected in collaboration with a parent of a child birth through age
			 two who is eligible for services under part C, and designed to meet the
			 developmental needs of the child and the needs of the child's family to assist
			 appropriately in the child's development as identified in the individualized
			 family service plan.
(13) "Evaluation"
			 means the procedures used by qualified personnel on a multidisciplinary team to
			 determine a child's eligibility for early intervention services. At least one
			 of the qualified personnel 
									will be trained to administer the
			 department-approved evaluation tool utilized.
(14)
									"Family-directed
			 assessment" means the ongoing procedures completed by qualified personnel or an
			 early intervention service coordinator to identify the family's resources,
			 priorities, and concerns.
(15) "Frequency" means
			 the number of days or sessions that an early intervention service will be
			 provided.
(16) "Individualized
			 family service plan" means the written plan for providing early intervention
			 services to an eligible child and the child's family.
(a) "Initial individualized family service
			 plan" means the first ever individualized family service plan developed by a
			 team for a child that must be completed within forty-five calendar days of the
			 program referral.
(b) "Annual
			 individualized family service plan" means the individualized family service
			 plan written once per year, no later than the anniversary of the initial
			 individualized family service plan.
(c) "Periodic review" means a review of an
			 individualized family service plan that takes place any time between an initial
			 individualized family service plan and an annual individualized family service
			 plan or between two annual individualized family service plans, but no later
			 than six months after the most recent individualized family service plan. A
			 periodic review occurs any time there is a need to change service delivery or
			 outcomes, the family requests a review, or a child transfers from one county to
			 another before the annual individualized family service plan is due.
(17) "Informed
			 clinical opinion" means the process used by qualified personnel in the
			 evaluation and assessment process to make a 
									determination as to initial  eligibility for services under part
			 C and as a basis for planning services to meet child and family needs. Informed
			 clinical opinion makes use of qualitative and quantitative information to
			 assist in forming a determination regarding difficult-to-measure aspects of
			 current developmental status .
(18) "Initial
			 assessment" means the assessment of a child and the family-directed assessment
			 conducted prior to the child's initial individualized family service plan
			 meeting.
(19)
			 "Length" means the length of time the early intervention service is provided
			 during each session of that service (such as an hour or other specified time
			 period).
(20) "Method" means how an
			 early intervention service is provided.
(21) "Multidisciplinary" means the
			 involvement of qualified personnel representing two or more separate
			 disciplines or professions and with respect to:
(a) Evaluation and assessment of a child,
			 which may include one individual who is qualified in more than one discipline
			 or profession; and
(b) The
			 individualized family service plan team, which 
										will include
			 the child's parent and two or more individuals from separate disciplines or
			 professions, one of whom 
										will be an early intervention service
			 coordinator.
(22)
			 "Native language" means the language or mode of communication normally used by
			 a child or a parent of the child.
(23) "Natural environment" means settings
			 that are natural or typical for a same- aged child without a developmental
			 delay or disability, including the home or community settings.
(24) "Parent" means a biological or adoptive
			 parent of a child, a guardian, a foster parent or person acting in place of a
			 biological parent or adoptive parent with whom the child lives, or an appointed
			 surrogate parent, consistent with
			 34 C.F.R.
			 303.27, as in effect on the effective date of
			 this rule.
(25) "Part B" means part
			 B of the Individuals with Disabilities Education Act,
			 20 U.S.C.
			 1411 through
			 1419, as in effect on the
			 effective date of this rule, and 34 C.F.R. parts 300 and 301, as in effect on
			 the effective date of this rule.
(26) "Part C" means part C of the Individuals
			 with Disabilities Education Act,
			 20 U.S.C.
			 1431 through
			 1445, as in effect on the
			 effective date of this rule, and 34 C.F.R. part 303, as in effect on the
			 effective date of this rule.
(27)
			 "Participating agency" means any individual, agency, entity, or institution
			 that collects, maintains, or uses personally identifiable information to
			 implement the requirements in part C with respect to a particular child. A
			 participating agency includes the lead agency, early intervention service
			 providers, and any individual or entity that provides any part C services
			 (including service coordination, evaluations and assessments, and other part C
			 services), but does not include primary referral sources or public agencies
			 (such as the Ohio department of medicaid) or private entities (such as private
			 insurance companies) that act solely as funding sources for part C
			 services.
(28)
									"Personally identifiable information" includes, but is
			 not limited to:
(a)
										A child's name;
(b)
										The name of a
			 child's parent or other family member;
(c)
										The address of a
			 child or the child's family;
(d)
										A personal
			 identifier, such as a child's social security number;
(e)
										An indirect
			 identifier, such as a child's date of birth, place of birth, or mother's maiden
			 name;
(f)
										Information that, alone or in combination, is linked or
			 linkable to a specific child that would allow a reasonable person, who does not
			 have personal knowledge of the relevant circumstances, to identify the child
			 with reasonable certainty; or
(g)
										Information
			 requested by a person who the early intervention service provider reasonably
			 believes knows the identity of the child to whom the early intervention record
			 relates.
(29) "Prior written
			 notice" means the written notification provided to a parent at least ten
			 calendar days before proposing or refusing to initiate or change the
			 identification, evaluation, or placement of a child, or the provision of early
			 intervention services to a child and that child's family, consistent with
			 paragraph (D) of rule
			 5123-10-01 of the Administrative
			 Code. A parent may waive the right to the ten-day prior notice.
(30)
			 "Qualified personnel" means personnel described in appendix B to this
			 rule.