N.H. Admin. Code § He-M 510.06

Current through Register No. 45, November 7, 2024

Section He-M 510.06 - Referral and Eligibility Determination

(a) A child as defined in He-M 510.02(g), who is a resident of New Hampshire shall be eligible for FCESS.

(b) Any person may make a referral to FCESS.

(c) When a referral is made by someone other than the parent, the FCESS program shall notify the parent immediately both verbally and in writing.

(d) Participation in FCESS shall be voluntary.

(e) The point of contact for referral to FCESS shall be the area agency.

(f) An area agency shall designate an intake coordinator to make initial contact with families who are referred for FCESS.

(g) The intake coordinator shall:

(1) Have at least 2 years' experience with children and their families;

(2) Demonstrate the capacity to develop rapport with families;

(3) Have knowledge of resources available in the community; and

(4) Act as an interim service coordinator for families applying for FCESS until eligibility is determined and a service coordinator identified.

(h) The intake coordinator shall:

(1) Document the date the referral was received;

(2) Provide information relative to FCESS and other community services;

(3) Inform the family of the process for the initiation of FCESS, including the family's rights under He-M 510 and He-M 310 and procedural safeguards under He-M 203;

(4) If the family decides to seek a determination of eligibility for FCESS:

a. Obtain parental consent for the initial evaluation and, if the applicant is eligible, IFSP development;

b. Request a release to obtain the applicant's medical records and a physician's referral for evaluation;

c. Request information about the applicant's insurance, including public and private insurance; and

d. Request consent to utilize private insurance pursuant to He-M 510.14 (b)-(f); and

(5) If the family decides not to seek a determination of eligibility for FCESS, make reasonable efforts to ensure the parent:

a. Is fully aware of the nature of the evaluation, the assessment, and the services that would be available; and

b. Understands that the applicant will not be able to receive the evaluation, the assessment, or other services unless consent is given pursuant to (4)a. above.

(i) If a family decides to seek a determination of eligibility for FCESS, the area agency shall conduct a multidisciplinary evaluation pursuant to (k) below and a family directed assessment.

(j) The purpose of the multidisciplinary evaluation shall be:

(1) To determine if the applicant is eligible for FCESS according to (a) above and He-M 510.02 (g); and

(2) To provide information that will form the basis of the IFSP if the applicant is eligible for FCESS.

(k) The multidisciplinary evaluation shall:

(1) Be based on informed clinical opinion;

(2) Be conducted by an evaluation team composed of the family, other persons requested by the family, and professionals from 2 or more different disciplines identified in He-M 510.11 (b)(1);

(3) Be conducted by professionals whose expertise most closely relates to the needs of the applicant and family;

(4) Be carried out in a setting that is convenient to the family;

(5) Include the completion of the IDA Institute's "Infant-Toddler Developmental Assessment-2 (IDA-2)", (Second Edition) or Shine Early Learning's "Hawaii Early Learning Profile (HELP) Strands 0-3" (1992-2013), available as noted in Appendix A;

(6) Include the components of the assessment as defined in He-M 510.02 (c);

(7) Include the applicant's medical and developmental history;

(8) Include information from others sources such as family members, other caregivers, medical providers, social workers, and educators, if necessary;

(9) Include a review of the applicant's medical, educational, or other records;

(10) Include an evaluation of the applicant's level of functioning in each of the following developmental domains:

a. Physical development, including vision, hearing, or both;

b. Cognitive development;

c. Communication development;

d. Social or emotional development; and

e. Adaptive development;

(11) Determined through the use of an assessment tool and a voluntary family-directed personal interview, include identification of:

a. The family's resources, priorities, and concerns; and

b. The supports and services necessary to enhance the family's capacity to meet the developmental needs of the applicant;

(12) Be conducted to:

a. Determine an applicant's eligibility or a child's progress;

b. Define or redefine services and expected outcomes; or

c. Plan for future needs;

(13) Be conducted in the applicant's, child's, or family's native language if determined by qualified personnel conducting the evaluation to be developmentally appropriate, given the applicant's or child's age and communication skills; and

(14) Be selected and administered so as not to be racially or culturally discriminatory.

(l) An applicant's medical and other records may be used to establish eligibility prior to conducting a multidisciplinary evaluation if those records contain information regarding the applicant's level of functioning in the developmental areas identified in (k)(10) above.

(m) Based on the results of the multidisciplinary evaluation pursuant to (k) above or medical records in (l) above, the evaluation team shall determine whether the applicant is a child as defined in He-M 510.02 (g) and is eligible for FCESS pursuant to (a) above.

(n) If the applicant is found eligible for FCESS, the area agency shall, in writing, advise the family of its eligibility status within 3 business days and include the name of, and contact information for, the service coordinator.

(o) If the applicant is found eligible based upon medical records in (l) above, the area agency shall do an assessment of the child and a family assessment as described in (k)(11) above.

(p) If the applicant is found not eligible for FCESS, the area agency shall, in writing, advise the family within 3 business days from date of eligibility determination pursuant to He-M 510.05 of the following:

(1) The findings of the evaluation and recommendations;

(2) Other specific supports and services that meet the needs of the family, including parent-to-parent networks, and an explanation of how to access those supports and services;

(3) The family's right to file a complaint pursuant to He-M 203; and

(4) The names, addresses, and telephone numbers of advocacy organizations, such as the Disabilities Rights Center, Inc., that the family can contact for assistance in challenging the determination.

(q) In the event of exceptional family circumstances that make it impossible to complete the initial evaluation and develop the IFSP within 45 calendar days of the referral, the FCESS program shall:

(1) Document the specific circumstances of the delay;

(2) Complete the multidisciplinary evaluation as soon as family circumstances allow;

(3) Proceed pursuant to (m)-(p) above; and

(4) Develop and implement an interim IFSP, to the extent appropriate and consistent with He-M 510.07 (a) and (g).

(r) Continued eligibility shall be determined as noted in He-M 510.08 (e) and (f).

N.H. Admin. Code § He-M 510.06

(See Revision Note at part heading for He-M 510) #5745, eff 12-1-93, EXPIRED: 12-1-99

New. #7234, eff 4-22-00; amd by #7822, eff 2-8-03; amd by #8065, eff 3-25-04; ss by #9135, INTERIM, eff 4-22-08, EXPIRED 10-19-08

New. #9594, eff 11-11-09 (from He-M 510.05 ); ss by #10325, eff 4-26-13

Amended by Number 41, Filed October 12, 2023, Proposed by #13753, Effective 9/27/2023, Expires 9/27/2033.