Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-10 - Early Intervention Program › Section 5123-10-01 - Early intervention program - procedural safeguards

Current through all regulations passed and filed through July 1, 2024
(A) Purpose
This rule sets forth the procedural safeguards in the early
				intervention program, including the provisions of parental consent and notice;
				retention, confidentiality, access to, and amendment of records; and dispute
				resolution.
(B) Definitions
For the purposes of this rule, the following definitions
				 apply:
(1) "Complainant" means an organization or
			 individual, including an organization or individual from another state.
			 "Complainant" does not include a parent.
(2) "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.
(3)
			 "Department" means the Ohio department of developmental disabilities.
(4) "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.
(5) "Early intervention records" means all
			 records, in any format, regarding a child that
			 are collected, maintained, or used under part C.
(6) "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.
(7) "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.
(8) "Early intervention
			 services" means developmental services described in appendix A to rule
			 5123-10-02 of the Administrative
			 Code, 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.
(9)
			 "Individualized family service plan" means the written plan for providing early
			 intervention services to an eligible child and the child's family.
(10) "Native language" means the language or
			 mode of communication normally used by a child or a parent of the
			 child.
(11) "Parent" means a
			 biological or adoptive parent of a child, a guardian, a foster parent or person
			 acting in place of a biological 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.
(12) "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.
(13)
			 "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.
(14) "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.