Chapter DHS 90

DHS 90.09 History History: Cr. Register, June, 1992, No. 438, eff. 7-1-92; am. (2) (a), Register, June, 1993, No. 450, eff. 7-1-93; am. (1) (a), 2., Register, April, 1997, No. 496, eff. 7-1-97.

DHS 90.10 DHS 90.10 Development of service plan.

DHS 90.10(1) (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.

DHS 90.10(2) (2) Interim ifsp.

DHS 90.10(2)(a) (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:

DHS 90.10(2)(a)1. 1. Document the exceptional circumstances in the child’s early intervention record;

DHS 90.10(2)(a)2. 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;

DHS 90.10(2)(a)3. 3. Obtain the parent’s written consent to the services, and to a revised deadline for completion of the evaluation and assessment; and

DHS 90.10(2)(a)4. 4. Complete the evaluation within the extended period agreed upon by the family and EI team.

DHS 90.10(2)(b) (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:

DHS 90.10(2)(b)1. 1. The parent gives written consent for the services;

DHS 90.10(2)(b)2. 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

DHS 90.10(2)(b)3. 3. The evaluation and assessment are completed within the time period prescribed in sub. (1).

DHS 90.10(3) (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.

DHS 90.10(4) (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.

DHS 90.10(5) (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:

DHS 90.10(5)(a) (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.

DHS 90.10(5)(b) (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;

DHS 90.10(5)(c) (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:

DHS 90.10(5)(c)1. 1. Progress being made toward achieving the outcomes; and

DHS 90.10(5)(c)2. 2. Whether modification of the outcomes or services is necessary;

DHS 90.10(5)(d) (d) Identification of the specific early intervention services necessary to achieve the outcomes identified in par. (e), including:

DHS 90.10(5)(d)1. 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;

DHS 90.10(5)(d)2. 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.

DHS 90.10(5)(d)3. 3. How a service will be provided;

DHS 90.10(5)(d)4. 4. Payment arrangements, if any;

DHS 90.10(5)(d)5. 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

DHS 90.10(5)(d)6. 6. The projected dates for initiating the services and the expected duration of the services;

DHS 90.10(5)(e) (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;

DHS 90.10(5)(f) (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:

DHS 90.10(5)(f)1. 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;

DHS 90.10(5)(f)2. 2. Implementing procedures to prepare the child for changes in service delivery, including helping with adjustment to and functioning in the new setting;

DHS 90.10(5)(f)3. 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

DHS 90.10(5)(f)4. 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:

DHS 90.10(5)(f)4.a. 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

DHS 90.10(5)(f)4.b. b. Review the child’s program options for the period from the child’s third birthday through the remainder of the school year.

DHS 90.10 Note 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.

DHS 90.10(5)(f)5. 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:

DHS 90.10(5)(f)5.a. a. Discuss the appropriate services the child may receive; and

DHS 90.10(5)(f)5.b. 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.

DHS 90.10 Note 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.

DHS 90.10(5)(g) (g) Provision in accordance with sub. (7) for ongoing review, evaluation and, as necessary, revision of the plan.

DHS 90.10(5)(h) (h) The projected dates for the periodic review and annual evaluation of the plan in accordance with sub. (7).

DHS 90.10(6) (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.

DHS 90.10(7) (7) Review and evaluation.

DHS 90.10(7)(a) (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:

DHS 90.10(7)(a)1. 1. The progress being made toward achieving the planned outcomes; and

DHS 90.10(7)(a)2. 2. Whether modification or revision of the planned outcomes or services is necessary.

DHS 90.10(7)(b) (b) Annual meeting.

DHS 90.10(7)(b)1. 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.

DHS 90.10(7)(b)2. 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.

DHS 90.10(7)(b)3. 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.

DHS 90.10 History History: 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; CR 20-039: am. (5) (f) 4. a., 5. b. Register October 2021 No. 790, eff. 11-1-21.

DHS 90.11 DHS 90.11 Service provision.

DHS 90.11(1) (1) Coordination.

DHS 90.11(1)(a) (a) Role of the service coordinator. The service coordinator shall coordinate the delivery of all services across agency lines and serve as the single point of contact in helping a family obtain the services the child and family need as described in the IFSP.

DHS 90.11(1)(b) (b) Functions of the service coordinator. Service coordination activities include:

DHS 90.11(1)(b)1. 1. Coordinating the performance of evaluation and assessments as described in ss. DHS 90.08 and 90.09;

DHS 90.11(1)(b)2. 2. Facilitating and participating in development, review and evaluation of the IFSP;

DHS 90.11(1)(b)3. 3. Assisting parents in identifying available service providers;

DHS 90.11(1)(b)4. 4. Facilitating access to services and coordinating and monitoring the timely provision of services;

DHS 90.11(1)(b)5. 5. Informing parents of the availability of advocacy services;

DHS 90.11(1)(b)6. 6. Coordinating with medical and other health care providers; and

DHS 90.11(1)(b)7. 7. Facilitating the development of transition plans under s. DHS 90.10 (5) (f).

DHS 90.11(1)(c) (c) Qualifications of the service coordinator.

DHS 90.11(1)(c)1. 1. A service coordinator shall have at least one year of supervised experience working with families with special needs, and have demonstrated knowledge and understanding about:

DHS 90.11(1)(c)1.a. a. Children in the age group birth to 3 who are eligible for the program;

DHS 90.11(1)(c)1.b. b. Part C and the federal implementing regulations, 34 CFR Pt. 303, and this chapter; and

DHS 90.11(1)(c)1.c. c. The nature and scope of services available under the birth to 3 program and how these are financed.

DHS 90.11(1)(c)2. 2. The service coordinator may be a person from the list of qualified personnel in s. DHS 90.08 (3) (b), another person with experience and training indicated under subd. 1. or a parent facilitator.

DHS 90.11(2) (2) Early intervention services—general conditions and general role of providers.

DHS 90.11(2)(a) (a) General conditions for early intervention services.

DHS 90.11(2)(a)1. 1. Appropriate early intervention services for an eligible child and the child’s family, provided to the maximum extent appropriate to the needs of the child in natural environments, including the home and community settings in which children without disabilities participate, shall be based on the developmental needs of the child and shall be provided with the written consent of the parent. Services shall be provided in collaboration with the parent, by qualified personnel, and in compliance with this chapter and Part C requirements.

DHS 90.11(2)(a)2. 2. The county administrative agency shall provide or arrange for the provision of early intervention core services at no cost to the child’s parent and shall provide or arrange for the provision of other early intervention services identified in the child’s IFSP. The county administrative agency shall determine the parental cost share of early intervention services costs not met by third party payers in accordance with s. DHS 90.06 (2) (i).

DHS 90.11(2)(a)3. 3. Funds allocated for the birth to 3 program may not be used to satisfy a financial commitment for services that would have been paid for from another public or private source if it were not for the establishment of the program. Funds allocated for the birth to 3 program may only be used for early intervention services that an eligible child needs but is not currently entitled to under any other federal, state, local government or private funding source.

DHS 90.11 Note Note: Federal law at 20 USC 1479 permits the use of birth to 3 program funds to provide a free and appropriate public education, in accordance with the requirements of 20 USC 1411 to 1420, to children with disabilities from their third birthday to the beginning of the following school year.

DHS 90.11(2)(b) (b) General role of early intervention service providers.

DHS 90.11(2)(b)1. 1. A provider of early intervention services shall do all of the following:

DHS 90.11(2)(b)1.a. a. Follow the requirements of this chapter;

DHS 90.11(2)(b)1.b. b. Consult with parents, other service providers and community agencies to ensure that the service is effective;

DHS 90.11(2)(b)1.c. c. Educate parents, other service providers and community agencies in regard to the provision of that type of service;

DHS 90.11(2)(b)1.d. d. When a member of the team, participate in the EI team’s assessment of a child, any family-directed assessment of the family and development of integrated goals and outcomes for the IFSP;

DHS 90.11(2)(b)1.e. e. When a member of the team, train other team members to implement aspects of his or her discipline according to standards of practice of the discipline; and

DHS 90.11(2)(b)1.f. f. Make a good faith effort to assist each eligible child in achieving the outcomes of the child’s IFSP.

DHS 90.11(2)(b)2. 2. Service providers, including service coordinators, shall attend or otherwise avail themselves of 5 hours of training each year related to early intervention. For service providers without previous experience with Wisconsin’s early intervention program, the 5-hour training requirement in the first year of service provision shall include a basic orientation to the program. Training may be inservice training, conferences, workshops, earning of continuing education credits or earning of higher education credits.

DHS 90.11(2)(b)3. 3. A service provider is not liable if an eligible child does not achieve the growths projected in the child’s IFSP.

DHS 90.11(3) (3) Early intervention core services.

DHS 90.11(3)(a) (a) County administrative agencies shall make the following core services available at no cost to all families that have a child who is eligible or may be eligible for the birth to 3 program:

DHS 90.11(3)(a)1. 1. Identification and referral;