8 Colo. Code Regs. § 1405-1-5.113

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

Section 8 CCR 1405-1-5.113 - INDIVIDUALIZED FAMILY SERVICE PLAN (IFSP)

This rule is promulgated pursuant to section 26.5-3-403, C.R.S.

A. An IFSP shall serve as the Individualized Plan for a child, from birth through two (2) years of age, receiving early intervention services in accordance with Part C. Children receiving services through the Early Intervention early start program will not have an IFSP.

B. A service coordinator shall ensure that an IFSP is:

1. With prior written notice given to the parent or guardian, developed within a reasonable time after an eligibility determination has been made, but no later than forty-five (45) calendar days from the date of the referral, unless a delay is due to documented exceptional family circumstances;

2. Developed with all required participants as set forth in Rule 5.113(E);

3. Based on, and contains the results of, the Evaluation and Assessment, and the family's concerns and priorities;

4. Inclusive of early intervention services to be provided in natural environments that are necessary to meet the unique needs of the child and parent or guardian or other caregiver, and implement the strategies to achieve the developmental outcomes of the child;

5. Culturally sensitive;

6. With prior written notice given to the parent or guardian, reviewed every six (6) months, or more frequently if necessary or if requested by the parent or guardian, to:

a. Determine progress toward achieving the identified outcomes;

b. Revise or add an outcome, if needed; and

c. Determine if a change in early intervention services is necessary to meet the identified outcomes.

7. With prior written notice given to the parent or guardian, updated annually through a meeting of the IFSP team and the parent or guardian to:

a. Discuss and document the child's current developmental levels in all developmental domains gathered through assessment methods as defined by the Department;

b. Determine progress towards achieving the identified outcomes;

c. Determine the child's ongoing need for early intervention services;

d. Revise or add an outcome, if needed; and

e. Determine the early intervention services necessary to meet the identified outcomes.

C. If it is determined during an IFSP annual review that a child is functioning at age-expected levels when compared with chronological age, as documented in current assessment results, the following shall occur:

1. The IFSP team shall determine whether one (1) or more early intervention services are no longer needed for the child to continue to progress; and

2. If the IFSP team determines that early intervention services are no longer needed and the child is no longer eligible to receive services, the following shall occur:

a. The service coordinator shall explain to the parent or guardian the dispute resolution procedures, as defined in Rule 5.120;

b. The service coordinator shall provide prior written notice to the parent or guardian that the members of the IFSP team have determined the child no longer has any identified need for early intervention services, and the child has completed the IFSP;

c. The child's record shall remain open for ten (10) calendar days from the prior written notice date; and

d. Following the ten (10) calendar day period from the prior written notice date, if there is no dispute resolution request from the parent or guardian, the early intervention services shall cease, and the child's record shall be closed.

D. Completion of an IFSP

1. If future concerns arise about the child's development and the child is still less than three (3) years of age, the family shall contact the Certified Early Intervention Service Broker to conduct an evaluation and determine whether the child meets the eligibility criteria. If the child meets the eligibility criteria, the Community Centered Board shall re-initiate an IFSP.

2. An infant or toddler found eligible due to an established condition, as defined in Rules 5.103 and 5.111, shall not have his/her early intervention services ended unless the parent or guardian chooses to withdraw from services.

E. An initial, annual, or periodic review meeting to evaluate an IFSP shall include the following participants:

1. Parent or guardian of a child;

2. Service coordinator;

3. Persons directly involved in conducting the evaluations and assessments;

4. As appropriate, a person or persons who will be providing early intervention services to a child or family; and

5. Additional participants may include, but are not limited to, the following:

a. Other family members, as requested by a parent or guardian; and

b. An advocate or person outside of a family, as requested by a parent or guardian.

F. If any person who conducted an evaluation and/or assessment is unable to participate in person, he or she shall participate by:

1. Telephone or Internet web conference;

2. A knowledgeable authorized representative attending the meeting in their place; or

3. The provision of appropriate reports for use at the meeting.

G. If the evaluation and assessment report is provided and there is no authorized representative at the meeting, the Certified Early Intervention Service Broker shall ensure that at least one qualified early intervention professional reviews and interprets the developmental information in the report to inform the team completing the IFSP.

H. An IFSP shall be conducted in accordance with 34 C.F.R. Sections 303.340- 303.345, which are incorporated by reference in Rule 5.104 (A)(5):

1. In a setting and at a time that is convenient to the parent or guardian; and

2. In the language or mode of communication normally used by the parent or guardian, unless clearly not feasible to do so.

I. The content of an IFSP shall, at a minimum, meet the requirements of 34 C.F.R. Section 303.344, which is incorporated by reference in Rule 5.104, and be completed using the department required IFSP form available at the Early Intervention Program website at www.eicolorado.org, and shall include the following:

1. The type of model for each service shall be one of the following, as defined in Rule 5.103:

a. Primary service provider;

b. Multidisciplinary service providers;

c. Single provider; or

d. Other model approved by the state.

2. The type of method for each service shall be one of the following, as defined in Rule 5.103:

a. Individual;

b. Co-visit;

c. Teaming;

d. Supervision; or

e. Telehealth, with parental consent.

J. A parent or guardian may withhold consent for an early intervention service without jeopardizing the delivery of any other early intervention service for which consent is given.

K. If a parent or guardian and an IFSP team member(s) do not agree on an aspect of an early intervention service, a service coordinator shall implement the sections of the plan that are not in dispute.

L. A parent or guardian may exercise their rights, as defined in Rule 5.120, to resolve a dispute while continuing to receive those services in an IFSP that are not subject to a dispute.

M. An interim IFSP shall be developed to provide a temporary early intervention service prior to completion of an evaluation and assessment, only when the service is determined by qualified professionals to be immediately necessary and when the following conditions are met:

1. A child has been determined to be eligible for early intervention services;

2. Written parental consent is obtained; and

3. An evaluation and assessment are completed within forty-five (45) calendar days of the date of the referral.

8 CCR 1405-1-5.113

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