8 Colo. Code Regs. § 1405-1-5.111

Current through Register Vol. 47, No. 18, September 25, 2024

Section 8 CCR 1405-1-5.111 - CHILD IDENTIFICATION

This rule is promulgated pursuant to section 26.5-3-404, C.R.S.

The Early Intervention Program shall have a comprehensive Child Find system, pursuant to 34 C.F.R. Section 303.302., that focuses on the early identification of infants and toddlers who have developmental delays or disabilities, including a system for making referrals so that timely and rigorous identification in accordance with Rules 5.111(A)-(G), shall occur.

A. Referral

1. The Early Intervention Colorado Program or a Certified Early Intervention Service Broker shall work collaboratively with community partners and primary referral sources to develop effective procedures for referral of children, birth through two (2) years of age, to the Early Intervention Program, to identify infants and toddlers in need of early intervention services.

2. Referral of a child, birth through two (2) years of age, means a verbal or written notification from a referral source to the Early Intervention Colorado Program or a Certified Early Intervention Service Broker about a child who:

a. Is known to have or suspected of having a developmental delay;

b. Has an established condition, as defined in Rule 5.111(E);

c. Lives with a parent with a developmental disability;

d. Has been identified as the subject of a substantiated case of child abuse or neglect; or

e. Is identified as directly affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure.

B. Post-Referral Process

1. The Early Intervention Colorado Program or a Certified Early Intervention Service Broker shall accept a referral from community sources, including, but not limited to, a family, health provider, child care provider, Administrative Unit, county department of social/human services, county department of health, and others.

2. A service coordinator will be assigned within three (3) working days from the date of a referral by the Early Intervention Colorado Program or an authorized Certified Early Intervention Service Broker.

3. The family shall be contacted as soon as possible after being assigned a service coordinator, but no longer than seven (7) calendar days from the date of the referral, to provide the service coordinator's contact information and inform the family of their procedural safeguards.

4. The Early Intervention Colorado Program or a Certified Early Intervention Service Broker shall:

a. Notify the referral source of the receipt of the referral using the state referral form;

b. Provide the contact information for the assigned service coordinator; and

c. With written parental consent, notify the referral source and the child's primary health provider of the results of the evaluation and/or assessment using the state referral form.

C. Eligibility Criteria

An infant or toddler, birth through two (2) years of age, shall be eligible for early intervention services if he or she has a developmental delay or atypical development as defined in Rule 5.103, an established diagnosed physical or mental condition as defined in Rule 5.103, or lives with a parent who has a developmental disability as defined in Rule 5.111(F).

D. Eligibility Determination for Developmental Delay and Atypical Development

1. Eligibility shall be based on a developmental delay and atypical development as defined in Rule 5.103.

2. Results derived solely from a single procedure shall not be used to determine eligibility or ineligibility.

3. The following shall be documented in an Individualized Family Service Plan:

a. Name and discipline of each team member who participated in the evaluation and assessment;

b. Evaluation instrument(s), child assessment tool(s), and methods and procedures used to conduct the evaluation and assessment;

c. The measurable results of the multidisciplinary evaluation and/or assessment in each of the developmental domains;

d. Eligibility or ineligibility determination;

e. Name and signature of the Evaluation Entity representative that conducts an evaluation, as defined in Rule 5.103, who verifies that the evaluation and assessment team gathered and provided diagnostic information to establish eligibility or ineligibility; and

f. Signature of a parent or guardian acknowledging that he or she has been informed of their child's eligibility determination.

4. If a child is determined ineligible for early intervention services based on evaluation procedures identified in Rule 5.111, the family shall be provided prior written notice to inform them of:

a. The right to dispute resolution procedures as defined in Rule 5.120;

b. A referral to the Early Intervention early start program if the child has an identified risk factor as defined in Rule 5.103, and with written parental consent and sufficient appropriations available; and

c. Other community resources that may assist their child.

E. Eligibility Determination Based on an Established Condition

1. There shall be supporting documentation from a qualified health professional maintained in the child's record for a diagnosed physical or mental condition.

2. The diagnosis or condition shall be included in the Established Conditions Database.

3. There shall be documentation in the Individualized Family Service Plan regarding the name of the diagnosed condition on which eligibility is based.

4. A child with an established condition does not have to be exhibiting delays in development at the time of diagnosis to be eligible for early intervention services.

F. An infant or toddler who lives with a parent who has been determined by a Community Centered Board to have a developmental disability is eligible to receive early intervention services using any funding source other than the federal Part C funds. Such services may include, but are not limited to, developmental intervention for parent education and monitoring child development.

G. Evaluation to Determine Extent of Child's Delay

1. Written notice shall be provided to the parent or guardian prior to the scheduling of an evaluation and a copy of the notice shall be maintained in the child's record.

2. Written parental consent shall be obtained prior to any evaluation being conducted and a copy of the consent shall be maintained in the child's record.

3. An evaluation shall include a multidisciplinary process by a team comprised of a minimum of two (2) appropriately licensed/qualified professionals, at least one (1) of whom is qualified in the primary area of developmental concern.

4. Child evaluation shall be conducted in the native language of the child, unless clearly not feasible to do so.

5. An evaluation shall be based on an informed opinion of delay and administered so that it is not racially or culturally discriminatory.

6. Procedures for the evaluation to determine if an infant or toddler has a developmental delay shall include:

a. Administering an evaluation instrument;

b. Documenting the child's history, including interviewing the parent or guardian(s);

c. Identifying the child's level of functioning in each of the following developmental domains:

(1) Adaptive development;

(2) Cognitive development;

(3) Communication development;

(4) Physical development, including vision and hearing; and

(5) Social or emotional development.

d. Gathering information from other sources such as family members, other caregivers, medical providers and other professionals working with the child and family.

H. Assessment

If a child is determined to be eligible for early intervention services because of a developmental delay, atypical development, or an established condition, a Certified Early Intervention Service Broker shall ensure that the following occurs:

1. Prior to conducting a child assessment, written notice shall be provided to the parent or guardian and parental consent for the assessment obtained. A copy of the notice and the consent shall be maintained in the child's record. For a child determined eligible due to a developmental delay, this notice may have been provided at the time of evaluation.

2. A child assessment, conducted by qualified personnel, shall be conducted in the native language of the child, unless clearly not feasible to do so (such as an interpreter is unable to be located), and may include the following:

a. A review of the results of the multidisciplinary evaluation, informed opinion of delay, and medical and other records used to establish eligibility, including the results of hearing and vision screening;

b. Personal observations of the child;

c. The identification of the child's strengths and needs in each developmental area; and

d. The identification of early intervention services that would meet the child's needs.

3. A family assessment is made available to any parent or guardian or other family member of an eligible child.

a. A family assessment is voluntary on the part of each family member participating in the assessment.

b. A family assessment shall be family-directed and designed to determine the resources, priorities and concerns of a parent or guardian or other family member related to the enhancement of their child's development.

c. A family assessment shall be conducted in the native language of the family member(s) participating in the family assessment, unless clearly not feasible to do so.

d. When completed, the family assessment shall be:

(1) Conducted by qualified personnel trained to utilize a department- approved family assessment tool, that is available on the early intervention Colorado website at www.eicolorado.org;

(2) Based on information provided by the parent or guardian or other family member through a personal interview and family assessment tool;

(3) Inclusive of a parent or guardian or other family member's description of their resources, priorities, and concerns related to enhancing their child's development; and

(4) Completed prior to the development of the initial individualized family service plan.

4. If an Individualized Family Service Plan is developed at the same meeting as the evaluation and assessment, the service coordinator shall ensure that prior written notice about the development of the Individualized Family Service Plan is provided to the parent or guardian.

5. If a second meeting is required, notification of the date, time, and location of that meeting needs to be coordinated with, and received by, the parent or guardian far enough in advance of the meeting date so that the parent or guardian will be able to attend the meeting. The meeting cannot occur without the parent. A copy of the notice shall be maintained in the child's record.

I. Eligibility for Early Intervention Early Start Program

1. Services under the Early Intervention early start program are only available if there are sufficient appropriations after funding early intervention services to children with a developmental delay or atypical development as defined in Rule 5.103.

2. When sufficient appropriations for the Early Intervention early start program exist, if a child does not meet the definition of developmental delay or atypical development and is, therefore, ineligible for early intervention services in accordance with Part C, he or she shall be evaluated for eligibility for the Early Intervention early start program.

3. To be eligible for the Early Intervention early start program, the child must meet the definition of risk factor in Rule 5.103.

4. If the child does not meet the definition of risk factor in Rule 5.103, and is, therefore, ineligible for the Early Intervention early start program, the family shall be provided written notice of:

a. The right to dispute resolution procedures as defined in Rule 5.120; and

b. Other community resources that may assist their child.

8 CCR 1405-1-5.111

46 CR 01, January 10, 2023, effective 1/1/2023

46 CR 06, March 25, 2023, effective 4/14/2023

47 CR 13, July 10, 2024, effective 7/30/2024