12 Colo. Code Regs. § 2509-10-7.901
As used in these rules and regulations, unless the context requires otherwise: "Abuse or child abuse and/or neglect" is defined in Section 19-1-103(1), C.R.S.
"Access to records" means the right for a parent to have the opportunity to inspect, review and obtain copies of records related to evaluation, assessment, eligibility determination, development and implementation of an Individualized Family Service Plan, individual complaints pertaining to the child, and any other relevant information regarding his or her child and family, unless restricted under authority of applicable state law governing such matters of guardianship, separation, or divorce.
"Administrative unit", as defined in Colorado Department of Education rules in 1 CCR 301-8, 2220-R-2.02, means a school district, board of cooperative services, multi-district administrative unit, or the State Charter School Institute, that is providing educational services to exceptional children.
"Assessment" means the ongoing procedures used throughout the period of eligibility of a child for early intervention services to identify:
"Atypical Development" means development or behaviors that fall outside the expected range of development in one or more of the five (5) domains referenced in 7.920, I, and emerge in a way that is different from same age peers. They are not attributable to culture or personality and are different in quality, form and function. This can be determined through informed opinion of delay, even when evaluation tools do not establish a thirty-three percent (33%) delay.
"Certified Early Intervention Service Broker" is defined in Section 27-10.5-702(3), C.R.S.
"Child Abuse Prevention and Treatment Act" (CAPTA) means the CAPTA state grant program at 42 U.S.C. Section 5106A that provides states with flexible funds to improve their child protective service systems. Last reauthorized by the CAPTA Reauthorization Act of 2010, the program requires states to provide assurances in their five (5) year child and family services plan that the state is operating a statewide child abuse and neglect program. This program includes policies and procedures that address the needs of drug-exposed infants and provisions for referral of children under age three (3) who are involved in a substantiated case of abuse and neglect to early intervention services under Part C.
"Child Find" is defined in Sections 27-10.5-702(4) and 22-20-103(4), C.R.S. that ensures that infants and toddlers in the state who are eligible for services under Part C, are identified, located and evaluated.
"Child Find program" means the multidisciplinary team within an administrative unit that conducts screening and/or evaluation activities for young children.
"Children experiencing homelessness" means children who lack a fixed, regular, and adequate nighttime residence, in accordance with the McKinney-Vento Homeless Assistance Act, which is defined in Section 7.900, A, 4 and 34 C.F.R. Section 303.17, which is incorporated by reference in Section 7.900, A, 5.
"Coaching" means a relationship-based strategy used by trained personnel with a family member, other caregiver, or another provider to support what is already working to help a child develop and to increase their knowledge and use of new ideas to achieve child or family outcomes.
"Consent" means that the parent has been fully informed of all information relevant to the activity for which consent is sought in the parent's native language and the parent understands and agrees in writing to the carrying out of the activity.
"Co-payment" means a specified dollar amount that an insured person must pay for covered health care services. The insured person pays this amount to the provider at the time of service.
"Criteria" means standards on which a judgment or decision may be based. "Days" means calendar days unless otherwise indicated.
"Deductible" means the amount that must be paid out-of-pocket before a health insurance company pays its share.
"Developmental delay", when referenced in these regulations, means a significant delay, defined as the: equivalence of thirty-three percent (33%) or greater delay in one (1) or more of the five (5) domains of development as defined in Section 7.920, I, 7, c, when compared with chronological age; or, presence of atypical development or behavior, as defined in section 7.901.
"Developmental disability" is defined in Section 27-10.5-102(11), C.R.S..
"Due process procedures" means formal procedures used to resolve a dispute involving an individual child or parent related to any matter described in 34 C.F.R., Sections 303.435-438, which are incorporated by reference in Section 7.900, A, 5.
"Duration" means the specific and measurable period of time a service is provided, specifying the start and end date.
"Early Intervention early start program" means a program separate from early intervention services provided in accordance with Part C that, if the department determines appropriations are adequate, may provide services to children who meet the definition of risk factor and do not meet eligibility criterion as defined in section 7.920, E.
"Early Head Start" means a program funded under the Head Start Act, pursuant to 42 U.S.C. SECTION 9801, incorporated by reference in Section 7.900, A, 4, and carried out by a local agency or grantee that provides ongoing comprehensive child development services for pregnant women, infants, toddlers, and their families.
"Early Intervention Provider Database" means the state database located at www.eicolorado.org that contains information, and Community Centered Board affiliation, about all early intervention providers, including personnel qualifications.
"Established condition" for an infant or toddler means a diagnosed physical or mental condition that has a high probability of resulting in significant delays in development and is listed in the Established Conditions Database.
"Established Conditions Database" means the state database located at www.eicolorado.org that includes the state approved list of established conditions.
"Evaluation" for early intervention services means the procedures used to determine initial and continuing eligibility. Evaluation includes administration of an evaluation tool(s), observation of the child, parent report and a review of pertinent medical records.
"Everyday routines, activities and places" means routines that are customarily a part of a family's typical day including, but not limited to: meal time; bath time; shopping; play time; outdoor play; activities a family does with its infant or toddler on a regular basis; and, places where the family participates on a regular basis, such as, but not limited to, home, place of worship, store, and child care.
"Evidence-based practices" mean practices that integrate research that has demonstrated efficacy and with consideration of the situation, goals, and values of the child, family and professionals.
"Evidence-informed strategies" mean methods that use nationally recognized recommended practices to inform the effective delivery of early intervention services.
"Family assessment" means a process using a Department-approved assessment tool and parent interview prior to the development of an initial Individualized Family Service Plan.
"Family Educational Rights and Privacy Act (FERPA)" means the federal law that protects the privacy of students' education records under 20 U.S.C. Section 1232g and 34 C.F.R. Part 99, which is incorporated by reference in Section 7.900, A, 4. FERPA requirements apply to educational agencies and institutions that receive funds under any program administered by the United States Department of Education.
"Frequency" means how often an early intervention service is provided.
"Guardian" means a person appointed by the court or named in a will and charged with limited, temporary, or full guardian's power and duties, pursuant to Section 15-14-312, C.R.S
"Health Insurance Portability and Accountability Act (HIPAA)" means the privacy rule that establishes national standards and requirements for electronic health care transactions and protects the privacy and security of individually identifiable health information, which is defined in Section 7.900, A, 4.
"Individualized Family Service Plan (IFSP)" means a written plan for providing early intervention services to eligible children and their families, in accordance with 34 C.F.R. Section 303.340, et seq., which is incorporated by reference in section 7.900, A, 5.
"Informed opinion of delay" means the knowledgeable opinion of the evaluation team who use professional expertise and experience to determine the presence of a significant delay in one or more of the five (5) domains of development referenced in Section 7.920, I, 7. Informed opinion of delay may be used as an independent basis to establish a child's eligibility and may be especially useful in situations where a clear developmental level cannot be gained through the typical evaluation process. Informed opinion may not be used to negate the results of evaluation instruments used to establish eligibility.
"Initial assessment" means the assessment of the child and the family conducted before a child's first IFSP meeting.
"Intensity" means the length of time that a service is provided each session.
"Mediation" means voluntary procedures used to resolve a dispute involving any matter described in 34 C.F.R. Sections 303.430-437, which are incorporated by reference in Section 7.900, A, 5.
"Method" means how an early intervention service is provided. The type of method may be one of the following:
"Model" means one of the following constructs in which a child's and family's early intervention services shall be provided:
"Multidisciplinary evaluation team" means a group that is made up of two (2) or more qualified personnel who have different training and experience.
"Multidisciplinary Service Providers Model" means a model in which two (2) or more qualified providers who have different training and experience provide ongoing services as identified in an IFSP. In this model the providers work independently of each other with minimal interaction with other team members, and perform interventions separately from others while working on discipline-specific goals.
"Native language", means:
"Natural environments" means the day-to-day routines, activities and places that promote learning opportunities for an individual child and family, in settings such as the family's home and community that are natural or typical for the child's peer who have no disabilities.
"Neglect" means an act or failure to act by a person who is responsible for another's well-being so that inadequate food, clothing, shelter, psychological care, physical care, medical care, or supervision is provided. This may include, but is not limited to, denial of meals, medication, habilitation, or other treatment necessities and which is not otherwise within the scope of Article 10.5 of Title 27, C.R.S., or these rules and regulations.
"Parent", within early intervention services, means:
"Part C" means Part C of the IDEA 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 delays in development, in accordance with 34 C.F.R. Part 303, which is incorporated by reference in Section 7.900, A, 5.
"Participating agency" means, as used in early intervention services, any individual, agency, program or entity that collects, maintains, or uses personally identifiable information to implement the requirements and regulations of Part C with respect to a particular child.
"Personally Identifiable Information (PII)" as used in early intervention services means, but is not limited to:
"Physician" means a person licensed to practice medicine under Section 12-36-101, C.R.S., et seq., the Colorado Medical Practice Act.
"Post-referral screening" means the early intervention activities that take place after a child is referred to the Early Intervention Program and the administrative unit to identify infants and toddlers who are in need of more intensive evaluation and assessment in order to determine eligibility due to a developmental delay.
"Primary Service Provider Model" means a model of service delivery that utilizes one main qualified provider from any discipline that is the best fit to address the child and family outcomes as identified in an IFSP. Other team members support the primary service provider through teaming and may provide co-visits under this model.
"Prior written notice" for early intervention services means written notice that is given to parents a reasonable time before a Community Centered Board or other Certified Early Intervention Service Broker proposes or refuses to initiate or change the identification, evaluation, or placement of the infant or toddler, or the provision of appropriate early intervention services to the child and family.
"Qualified personnel" means personnel who have met the state approved or recognized certification, licensing, registration, or other comparable requirements, to provide evaluations, assessments or early intervention services.
"Referral" for early intervention services means a verbal or written notification from a referral source to the Community Centered Board or administrative unit for the provision of information regarding an infant or toddler, birth through two (2) years of age, in order to identify those who are in need of early intervention services.
"Risk factor" means a 25% delay in two or more domains and, if sufficient appropriations are available, a 25% delay in one domain, or other factors determined by the department to have research that supports the potential for impact on development at a later age such as, but not limited to, a substantiated case of abuse or neglect, neonatal abstinence syndrome (NAS), fetal alcohol spectrum disorders (FASD), lead poisoning, global developmental delays and perinatal mood and anxiety disorders.
"Service coordination" means the activities carried out by a service coordinator to assist and enable a child eligible for early intervention services, and the child's family, to receive the rights, procedural safeguards, and services that are authorized to be provided under section 7.900, et seq.
"Single Provider Model" means a model of early intervention service provision in which one provider is utilized to meet the child's and family's needs as identified in an IFSP.
"State complaint procedures" mean actions taken by the Department to resolve a complaint lodged by an individual or organization regarding any agency or local service provider participating in the delivery of early intervention services that is violating a state or federal requirement.
"Surrogate parent" means an individual appointed by the local Early Intervention Services Program to act in the place of a parent in safeguarding an infant's or toddler's rights in the decision-making process regarding screening, evaluation, assessment, development of the IFSP, delivery of early intervention services and transition planning.
"Targeted case management services" means those case management services which are provided as a Medicaid benefit for a specific target group of Medicaid recipients who have a developmental disability and who meet the program eligibility criteria identified in the Medical Assistance rules at 10 CCR 2505-10 Section 8.761.2 (May 30, 2020) published by the Colorado Department of Health Care Policy and Financing. These Department of Health Care Policy and Financing Rules are herein incorporated by reference and do not include any later amendments or editions of these rules. These rules are available for public inspection at the Colorado Department of Human Services, Office of Early Childhood, 1575 Sherman St., Denver, CO 80203 or at www.sos.state.co.us. Copies of these rules are available for reasonable cost during normal business hours at the Colorado Department of Human Services, Office of
Early Childhood, 1575 Sherman St., Denver, CO 80203 or the Colorado Department of Health Care Policy and Financing, 1570 Grant St., Denver, CO 80203.
"Telehealth" means a method of service provision that utilizes secure interactive videoconferencing to deliver early intervention services.
"Waiver Services" means those optional Medicaid services defined in the current federally approved Home and Community Based Services (HCBS) waiver document and do not include Medicaid State Plan services.
12 CCR 2509-10-7.901