Wis. Admin. Code DHS § DHS 90.10

Current through October 28, 2024
Section DHS 90.10 - Development of service plan
(1) TIME LIMIT. Except as provided in sub. (2) (a), within 45 days after receiving a referral for initial evaluation of a child, the county administrative agency shall complete the evaluation under s. DHS 90.08 and the assessment under s. DHS 90.09 and the service coordinator shall convene a meeting to develop the initial IFSP.
(2) INTERIM IFSP.
(a)Delay in completing evaluation and assessment. If exceptional circumstances directly affecting the child or the child's family, such as illness of the child or a parent or the parent's refusal to consent to a procedure, make it impossible to complete the evaluation and assessment within 45 days, the county administrative agency shall:
1. Document the exceptional circumstances in the child's early intervention record;
2. Ensure that the service coordinator, the parent, at least one of the qualified personnel directly involved in the child's evaluation and assessment and, as appropriate, persons who will be providing services for the child and family develop and implement an interim IFSP which includes the service coordinator's name, the early intervention services that are needed immediately and the circumstances and reasons for development of the interim IFSP;
3. Obtain the parent's written consent to the services, and to a revised deadline for completion of the evaluation and assessment; and
4. Complete the evaluation within the extended period agreed upon by the family and EI team.
(b)Provision of services before completing evaluation and assessment. Provision of early intervention services to a child and the child's family may be started before the evaluation and assessment are completed if there is a clear and obvious need that can be addressed without waiting for completion of the formal evaluation and assessment and if the following conditions are met:
1. The parent gives written consent for the services;
2. An interim IFSP is developed and implemented by the service coordinator, parent, at least one of the qualified personnel directly involved in the child's evaluation and assessment and, as appropriate, persons who will be providing services for the child and family, which includes the service coordinator's name, the early intervention services that are needed immediately and the circumstances and reasons for development of the interim IFSP; and
3. The evaluation and assessment are completed within the time period prescribed in sub. (1).
(3) IFSP TEAM. The IFSP team shall consist of the parent, other family members requested by the parent, the service coordinator, an advocate if requested by the parent, at least one of the qualified personnel who took part in the evaluation and assessment of the child, at least one professional who has expertise in assessment of both typical and atypical development and expertise in child development and program planning, and appropriate service providers. If a professional who took part in the evaluation and assessment cannot be present at a meeting to develop the IFSP, the service coordinator shall ensure that the professional is involved through some other means.
(4) MEETING TO DEVELOP IFSP. The IFSP shall be developed on the basis of the evaluation and assessment by the IFSP team and with attention to the concerns and priorities of the parent. All meetings shall be conducted in settings and at times that are convenient to families, and the service coordinator shall ensure that written notice of a meeting is provided to all participants early enough before the meeting date so that they will be able to attend. If the parent wishes to attend but cannot attend at the scheduled time, the meeting shall be rescheduled.
(5) CONTENT. The IFSP may have several different sections that are completed at various times throughout the process. All sections of the IFSP shall be maintained in one file or binder. The parents shall be given a copy, the contents of which shall be fully explained to the parents and kept current. The IFSP shall contain:
(a) Information about the child's developmental status, including statements concerning the child's present levels of cognitive development, physical development, to include vision, hearing and health status, communication development, social and emotional development and adaptive development such as self-help skills, based on professionally acceptable objective criteria. This information shall be assembled from the initial evaluation and assessment reports and the results of any ongoing assessments.
(b) With the concurrence of the parent, a summary of the family's strengths, resources, concerns and priorities related to enhancing the development of the child;
(c) A statement of the outcomes expected to be achieved for the child and family, as identified by the IFSP team, and the criteria, procedures and timelines used to determine:
1. Progress being made toward achieving the outcomes; and
2. Whether modification of the outcomes or services is necessary;
(d) Identification of the specific early intervention services necessary to achieve the outcomes identified in par. (e), including:
1. The frequency and intensity of a service, to include the number of days or sessions it will be provided, the length of time the service will be provided during a session and whether the service will be provided on an individual or group basis;
2. The locations where early intervention services will be provided. This list shall be accompanied by a statement that describes the environments in which early intervention services are provided, with justification if a specific early intervention service will not be provided in a natural environment.
3. How a service will be provided;
4. Payment arrangements, if any;
5. If appropriate, medical and other services that the child needs that are not required under the birth to 3 program and the steps that will be taken to secure those services from public or private sources. This does not apply to routine medical services such as immunizations and well baby care unless a child needs those services and they are not otherwise available or being provided; and
6. The projected dates for initiating the services and the expected duration of the services;
(e) The name of the service coordinator who will be responsible for the implementation of the IFSP and coordination with other agencies and individuals. This may be the same service coordinator who was originally designated at the time the child was initially referred for evaluation or a new service coordinator;
(f) A written plan for the steps to be taken to support the child and family through transitions, including the transition upon reaching the age of 3 to a preschool program under subch. V of ch. 115, Stats., or to other appropriate services for children who may not be eligible for a preschool program under subch. V of ch. 115, Stats. These steps shall include:
1. Discussing a prospective transition in advance with the parents and giving them information about the new setting and other matters related to the child's transition including the role of the family;
2. Implementing procedures to prepare the child for changes in service delivery, including helping with adjustment to and functioning in the new setting;
3. With parental consent, forwarding of information about the child to the local educational agency or other service agency to assure continuity of services; and
4. In the case of a child who may be eligible for a preschool program under subch. V of ch. 115, Stats., convening, with the approval of the family, a conference involving the family, the county administrative agency and the local educational agency responsible for preschool programs under subch. V of ch. 115, Stats., at least 90 days before the child reaches the age of 3, in order to:
a. At least 90 days but not more than 9 months before the child reaches age 3, prepare a written transition plan to reflect decisions made at the conference and the roles of sending and receiving agencies; and
b. Review the child's program options for the period from the child's third birthday through the remainder of the school year.

Note: A child with exceptional educational needs, as defined in s. 115.76(3), Stats., on reaching age 3 is entitled to a free appropriate public education in accordance with ch. PI 11.

5. In the case of a child who may not be eligible for preschool programs under subch. V of ch. 115, Stats., making reasonable efforts to convene, with the approval of the family, a conference involving the family, the county administrative agency and other agencies providing services for children not eligible for preschool programs assisted under subch. V of ch. 115, Stats., in order to:
a. Discuss the appropriate services the child may receive; and
b. At least 90 days but not more than 9 months before the child reaches age 3, prepare a written transition plan to reflect decisions made at the conference and the role of sending and receiving agencies.

Note: While subds. 4. and 5. require a conference for a child's transition at age 3 from the Birth to 3 program to a preschool program under subch. V of ch. 115, Stats., or to other appropriate services, the county administrative agency is encouraged, whenever there is a change in an agency providing services to the child and the child's family, to convene a conference with the family and the sending and receiving agencies to develop a plan to support the child and family and define the role of the agencies.

(g) Provision in accordance with sub. (7) for ongoing review, evaluation and, as necessary, revision of the plan.
(h) The projected dates for the periodic review and annual evaluation of the plan in accordance with sub. (7).
(6) CONSOLIDATED PLAN. If an eligible child is required to have both an IFSP and an individualized service plan under another federal or state program, the county administrative agency may develop a single consolidated document provided that the document contains all of the information required for the contents of the IFSP under sub. (5) and is developed in accordance with the requirements of this chapter.
(7) REVIEW AND EVALUATION.
(a)Periodic review. A review of an IFSP shall take place every 6 months or more frequently if warranted or a parent requests it. The review shall be carried out at a meeting or by other means acceptable to the parent and other participants and shall involve at least the parent or parents and the service coordinator, other family members if requested by a parent, and an advocate or other person from outside the family if requested by a parent. If conditions warrant, provision shall be made to include persons directly involved in conducting the evaluation and assessment and, as appropriate, persons providing services to the child or family. The purpose of the review is to determine:
1. The progress being made toward achieving the planned outcomes; and
2. Whether modification or revision of the planned outcomes or services is necessary.
(b)Annual meeting.
1. At least annually the service coordinator shall convene a meeting at which the IFSP shall be evaluated and, as appropriate, revised. To the extent possible, participants shall be those persons who participated in the development of the IFSP or reviews under par. (a) and, in addition, a person or persons directly involved in conducting the evaluation and assessment and, as appropriate, persons providing services to the child or family. If a professional who was directly involved in the evaluation and assessment cannot be present at the annual meeting to evaluate the IFSP, the service coordinator shall ensure that the professional is involved through other means such as participating in a conference call, having a knowledgeable representative attend the meeting or making pertinent records available for the meeting.
2. The meeting shall be conducted in a setting and at a time that is convenient to families, and written notice of a meeting shall be provided to all participants early enough before the meeting date to ensure that they will be able to attend.
3. To ensure that parents fully understand and are active participants in the IFSP process, all meetings shall be conducted with someone present who can interpret for the family if the family's native language is different from the language at the meeting, unless this is not feasible.

Wis. Admin. Code Department of Health Services DHS 90.10

Cr. Register, June, 1992, No. 438, eff. 7-1-92; emerg. r. and recr. (2) (a) 2. and (5) (h), am. (2) (b) 2., (3), (5) (intro.), (g), (7) (a) (intro.) and (b) 1., cr. (7) (b) 3., eff. 1-1-93; r. and recr. (2) (a) 2. and (5) (h), am. (2) (b) 2., (3), (5) (intro.), (g), (7) (a) (intro.) and (b) 1., cr. (7) (b) 3., Register, June, 1993, No. 450, eff. 7-1-93; am. (5) (a) and (7) (a) (intro.), r. (5) (b), (c) and (h), renum. (5) (d) to (g) to be (5) (b) to (e) and (5) (i) to be (5) (g), cr. (5) (f) and (h), Register, April, 1997, No. 496, eff. 5-1-97; r. and recr. (5) (d) 2., am. (5) (f) (intro.) and 4. (intro.), cr. (5) (f) 5., Register, September, 1999, No. 525, eff. 10-1-99; CR 03-033: am. (2) (b) (intro.) Register December 2003 No. 576, eff. 1-1-04.
Amended by, CR 20-039: am. (5) (f) 4. a., 5. b. Register October 2021 No. 790, eff. 11/1/2021