Rhode Island Code of Regulations › Title 210 - Executive Office of Health and Human Services › Chapter 30 - Medicaid for Children, Families, and Affordable Care Act (ACA) Adults › Subchapter 15 - Early Intervention › Part 1 - Early Intervention Program (210-RICR-30-15-1) › Section 210-RICR-30-15-1.3 - Definitions

Current through June 14, 2024
A. For the purposes of this rule, the
				  following definitions apply:
1. "Act" means
				  R.I. Gen. Laws Chapter 23-13, as amended.
2. "Children" means infants and toddlers from
				  birth through age two (2), who need early intervention services.
3. "Council" means the state Interagency
				  Coordinating Council.
4. "Days"
				  means calendar days.
5.
				  "Department" means the Rhode Island Executive Office of Health and Human
				  Services.
6. "Developmental delay"
				  means significant delay in the developmental areas of cognition, communication
				  development, and physical development, including vision and hearing, social or
				  emotional development, and/or adaptive behavior.
7. "Early Intervention System" means the
				  total effort in the state that is directed at identifying and meeting the needs
				  of eligible children and families.
8. "Early Intervention provider" means an
				  entity (whether public, private or nonprofit) or an individual that provides
				  early intervention services.
9.
				  "Early Intervention services" (here and after referred to as "EIS") means
				  services that are designed to meet the unique developmental needs of the
				  eligible child and the needs of the family related to enhancing the child's
				  development.
10. "Evaluation" means
				  the procedures used by qualified personnel to determine the child's
				  eligibility.
11. "Infants and
				  toddlers with disabilities" means individuals from birth through age two (2)
				  who:
a. Have a diagnosed physical or mental
				  condition that has a high probability of resulting in developmental
				  delay;
b. Are experiencing
				  developmental delays as measured by a norm- referenced standardized tool that
				  identifies a delay that is 2 standard deviations below the mean in at least one
				  area of development, or 1.5 standard deviations below the mean in two or more
				  areas of development. Areas of development include: cognitive development,
				  physical development (including vision and hearing), communication development,
				  social or emotional development, adaptive development; or
c. Through the use of informed clinical
				  opinion, the multidisciplinary team identifies a significant delay not captured
				  by test scores, significant, atypical behaviors, or significant
				  circumstance.
d. In order to be
				  eligible under informed clinical opinion, there must be an impact on
				  child/family functioning to the degree that without intervention developmental
				  delay would result.
12.
				  "Lead agency" means the Rhode Island Executive Office of Health and Human
				  Services (EOHHS).
13.
				  Multidisciplinary" means involvement of two or more disciplines or professions
				  in the provision of integrated and coordinated services, including evaluation
				  and assessment and development of an IFSP (Individualized Family Service
				  Plan).
14. "Parent" means:
a. General:
(1) A biological or adoptive parent of a
				  child;
(2) A guardian generally
				  authorized to act as the child's parent, or authorized to make early
				  intervention, educational, health or developmental decisions for the child (but
				  not if the child is ward of the state);
(3) A person acting in the place of a
				  biological or adoptive parent (such as a grandparent or stepparent with whom
				  the child lives, or a person who is legally responsible for the child's
				  welfare);
(4) A surrogate parent
				  who has been assigned in accordance with existing state law and procedures
				  outlined in the Rhode Island Early Intervention Certification Standards. The
				  term does not include the state if the child is a ward of the state.
(5) Foster parent. If the biological parents'
				  authority to make the decisions required of parent under the Act has been
				  extinguished under state law.
b. The term does not include the state if the
				  child is a ward of the state.
15. "Part C" means Part C of the Individuals
				  with Disabilities Education Improvement ACT of 2004 that addresses infants and
				  toddlers, birth through two (2) years of age with developmental delays or
				  disabilities or physical or mental conditions with a high probability of
				  resulting in significant delay in development in accordance with  34 C.F.R. 303.
16. Person" means any
				  individual, trust or estate, partnership, corporation (including associations,
				  joint stock companies), limited liability companies, state or political
				  subdivision or instrumentality of a state.
17. "Qualified personnel" means personnel who
				  provide Early Intervention services and who have met state approved or
				  recognized certification, licensing, registration, or other comparable
				  requirements that apply to the area in which the person is providing EIS as
				  outlined in the Rhode Island Early Intervention Certification
				  Standards.
18. "Rhode Island EI
				  Certification Standards" means the policies and procedures defined by the EOHHS
				  to ensure compliance with Part C of IDEA (Individuals with Disabilities
				  Education Act), state regulations and to ensure the provision of quality
				  services and supports to eligible families of infants and toddlers with
				  developmental disabilities and delays in Rhode Island.
19. "Secretary" means the Secretary of the
				  Rhode Island Executive Office of Health and Human Services.