Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part VII - Procedural Safeguards › Section 12VAC35-225-360 - Request to amend information in the early intervention record

Current through Register Vol. 40, No. 24, July 15, 2024
A. A parent who
				  believes that information in the early intervention records collected,
				  maintained, or used in the early intervention system is inaccurate, misleading,
				  or violates the privacy or other rights of the child or parent shall have the
				  right to request that the agency that maintains the information amend the
				  information.
B. When a parent
				  requests that information in a record be amended, the local lead agency or
				  early intervention service provider shall decide whether to amend the
				  information in accordance with the request within a reasonable period of time
				  after the request is received.
C.
				  If the local lead agency or early intervention service provider refuses to
				  amend the information in accordance with the request, the local lead agency or
				  early intervention service provider shall inform the parent of the refusal and
				  advise the parent of the right to a local hearing to challenge the information
				  in his child's early intervention record.
1.
				  A hearing shall be held within 30 days after the request is received by the
				  local lead agency or early intervention service provider from the
				  parent.
2. The parent shall be
				  given written notice of the date, place, and time of the hearing at least 15
				  days before the hearing.
3. The
				  hearing may be conducted by any person, including an official of the local lead
				  agency or early intervention service provider, who does not have a direct
				  interest in the outcome of the hearing.
4. The local lead agency or early
				  intervention service provider shall give the parent a full and fair opportunity
				  to present evidence relevant to the issues raised. The parent may, at his own
				  expense, be assisted or represented by persons of his own choice, including an
				  attorney.
5. The local lead agency
				  or early intervention service provider shall issue its decision in writing to
				  the parent within five business days after the conclusion of the
				  hearing.
6. The decision of the
				  local lead agency or early intervention service provider shall be based solely
				  on the evidence presented at the hearing and shall include a summary of the
				  evidence and the reasons for the decision.
7. If the hearing determines that the
				  information is inaccurate, misleading, or in violation of the privacy or other
				  rights of the child or parent, the local lead agency or early intervention
				  service provider shall amend the information accordingly and inform the parent
				  in writing.
8. If the hearing
				  determines that the information is accurate, not misleading, and not in
				  violation of the privacy or other rights of the child or parent, the local lead
				  agency or early intervention service provider shall inform the parent of the
				  right to place in the early intervention record a statement commenting on the
				  information or setting forth any reasons for disagreeing with the decision of
				  the local lead agency or early intervention service provider. Any such
				  explanation placed in the early intervention record shall be maintained as part
				  of the early intervention record as long as the record or contested portion is
				  maintained by the agency. If the early intervention record or the contested
				  portion of the record is disclosed by the local lead agency or early
				  intervention service provider to any party, the explanation shall also be
				  disclosed to the party.