Wisconsin Legislature: DHS 90.11(6)(a)2.

3. Provision of consultation to and training of parents, other service providers and community agencies in regard to psychological services.

(L) Social work services. Social work services, to include:

1. Making home visits to evaluate a child’s living conditions and patterns of parent-child interactions;

2. Preparing a social and emotional developmental assessment of the child within the family context;

3. Providing individual and family group counseling with parents and other family members, and appropriate social skill-building within the family context;

4. Working with problems in a child’s and family’s living situation, at home, in the community and at any center where early intervention services are provided, that affect the child’s maximum utilization of early intervention services; and

5. Identifying, mobilizing and coordinating community resources and services to enable the child and family to receive maximum benefit from early intervention services; and

6. Provision of consultation to and training of parents, other service providers and community agencies in regard to social work services.

(m) Special instruction. Special instruction, to include:

1. Evaluation and assessment in all areas of development;

2. Designing learning environments and activities that promote the child’s acquisition of skills in a variety of developmental areas including cognitive processes, communication, motor skills and social interaction;

3. Curriculum planning, including the planned interaction of personnel, materials and time and space, that leads to achieving the outcomes in the child’s individualized family service plan;

4. Providing families with information, skills and support related to enhancing the skill development of the child;

5. Working with a child to enhance the child’s development;

6. Working with other providers to develop an understanding of the child’s disability and the impact of that disability on the child’s development;

7. Providing support and consultation to child care providers and others in integrated child care settings; and

8. Provision of consultation to and training of parents, other service providers and community agencies in regard to special instruction services.

(n) Transportation and related costs of travel. Transportation and related costs of travel, whether mileage or by taxi, common carrier or other means, and including tolls and parking, necessary to enable an eligible child and the child’s family to receive early intervention services.

(o) Vision services. Vision services, to include:

1. Evaluation and assessment of visual functioning, including the diagnosis and appraisal of specific visual disorders, delays and abilities;

2. Referral for medical and other professional services necessary for habilitation or rehabilitation of visual functioning disorders, or both;

3. Communication skills training for all environments, visual training, independent living skills training and additional training to activate visual motor abilities; and

4. Provision of consultation to and training of parents, other service providers and community agencies in regard to vision services.

(5) Service delivery.

(a) Location of services. To the maximum extent appropriate to the needs of the child, early intervention services shall be provided in the child’s natural environments, including home and community settings where children without disabilities participate. A setting other than a natural environment may be used only when early intervention outcomes cannot be satisfactorily achieved for the child in a natural environment. If reasons exist for providing services in settings other than the child’s natural environments, those reasons shall be documented in the child’s IFSP.

(b) Method of service delivery. Early intervention services shall be provided in ways that are most appropriate for meeting the needs of eligible children and their families. These may include parent and child activities, group activities, one-to-one sessions, and provision of a resource such as staff time.

(6) Qualified personnel.

(a) Early intervention services for eligible children and their families may only be provided by qualified personnel listed in this subsection who meet Wisconsin requirements for practice of their profession or discipline or other professionally recognized requirements, as follows:

1. Audiologists shall have at least a master’s degree in audiology from an accredited institution of higher education and be registered or licensed under ch. 459, Stats.;

2. Early intervention program assistants shall be at least 18 years of age and meet one of the following requirements:

a. Have at least 3 years of experience in supervising structured youth activities;

b. Have completed at least 3 years of college education;

c. Have a combination of education and experience under subds. 1. and 2. totaling 3 years; or

d. Have completed a 2-year program in child care and development approved by the Wisconsin department of public instruction.

2m. Marriage and family therapists shall be licensed [certified] under ch. 457, Stats.;

3. Nutritionists shall be registered or be eligible for registration as dietitians by the American dietetic association, and dietitian technicians shall have at least an associate degree from an accredited institution of higher education and be registered as dietitian technicians by the American dietetic association;

4. Occupational therapists shall be licensed under ch. 448, Stats.; and occupational therapy assistants shall be licensed under ch. 448, Stats.;

5. Orientation and mobility specialists shall have completed an orientation and mobility program approved by the association for education and rehabilitation of the blind and visually impaired;

6. Parent facilitators shall be parents of children with disabilities who are hired by county administrative agencies or service providers on the basis of their demonstrated skills in planning, communicating and providing support to the parents of eligible children;

7. Pediatricians and other physicians shall be licensed under ch. 448, Stats., and physician assistants shall be certified under s. 448.05 (5), Stats.;

8. Physical therapists shall be licensed under ch. 448, Stats., and physical therapist assistants shall have graduated from a 2-year college level program approved by the American physical therapy association;

9. Psychologists shall be licensed under ch. 455, Stats.;

10. Registered nurses shall be licensed under s. 441.06, Stats., and licensed practical nurses shall be licensed under s. 441.10, Stats.;

11. Rehabilitation counselors shall have at least a master’s degree in rehabilitation counseling or a related field;

12. School psychologists shall be licensed under ch. 115, Stats., and ch. PI 34;

13. Social workers shall be certified under ch. 457, Stats.;

14. Special education teachers, including early childhood special education teachers, vision teachers and hearing teachers, shall be licensed through the department of public instruction; and

15. Speech and language pathologists shall have at least a master’s degree in speech and language pathology from an accredited institution of higher education and be registered or licensed under ch. 459, Stats., or shall be licensed under ch. 115, Stats., and ch. PI 34.

(b) Early intervention personnel under par. (a) 2., 3., 4., 6., 7., 8. and 10. who are paraprofessionals shall work under supervision as defined by standards of the profession or standards developed by the department.

History: Cr. Register, June, 1992, No. 438, eff. 7-1-92; emerg. r. and recr. (1) (b), (2), (3), (4) (intro.), (a), (b), (e), (j), (n) and (o); am. (4) (c) (intro.), 3., (d) 1., (i) (intro.) and (5) (a), renum. (6) to be (6) (a) and am. (6) (a) 6., cr. (6) (b), eff. 1-1-93; r. and recr. (1) (b), (2), (3), (4) (intro.), (a), (b), (e), (h), (j), (n) and (o); am. (4) (c) (intro.), 3., (d) 1., (i) (intro.) and (5) (a), renum. (6) to be (6) (a) and am. (6) (a) 6., cr. (6) (b), Register, June, 1993, No. 450, eff. 7-1-93; am. (2) (b) 2., (4) (intro.) (6) (a) 13., r. (2) (b) 4., renum. (3) (intro.) to be (3) (a) (intro.) and am., cr. (3) (b) and (6) (a) 2m., Register, April, 1997, No. 496, eff. 5-1-97; am. (1) (c) 1. b., (2) (a) 1., 2., (b) 1. d., (4) (b) 5., 6., (c) 3., 4., (g) 2., 3., (i) 2., 3., (j) 2., 3., (k) 1., 2., (L) 4., 5., (m) 2., 6., 7., (o) 2., 3. and (5) (a), renum. (2) (b) 1. e. to be (2) (b) 1. f., cr. (2) (b) 1. e., (4) (b) 7., (c) 5., (g) 4., (i) 4., (j) 4., (k) 3., (L) 6., (m) 8., (o) 4., Register, September, 1999, No. 525, eff. 10-1-99; corrections in (2) (a) 2. and (4) (intro.) made under s. 13.93 (2m) (b) 7., Stats, Register, September, 1999, No. 525; emerg. am. (2) (a) 2. and (4) (intro.), eff. 10-1-01; correction in (6) (a) 4. made under s. 13.93 (2m) (b) 7., Stats., Register February 2002 No. 554; CR 01-106: am. (2) (a) 2. and (4) (intro.), Register February 2002 No. 554, eff. 3-1-02; CR 03-033: am. (1) (b) 7., (3) (b), (6) (a) 4., 10., 11. and 14. Register December 2003 No. 576, eff. 1-1-04; corrections in (6) (a) 12. and 15. made under s. 13.93 (2m) (b) 7., Stats., Register December 2004 No. 588.

DHS 90.12 Procedural safeguards for parents.

(1) Prior notice.

(a) A reasonable time before a county administrative agency or service provider proposes or refuses to initiate or change any of the following, the county administrative agency or service provider shall provide written notice to the parent and ensure that the parent understands the notice:

1. Identification, evaluation or placement of a child; or

2. Provision of early intervention services to the child and the child’s family.

(b) The notice under par. (a) shall provide sufficient detail to inform the parent about:

1. The proposed or refused action;

2. The reasons for taking the action, including a description of other options considered and reasons for rejecting them;

3. The information upon which the proposed or refused action is based;

4. Their right to refuse consent to an evaluation or a service; and

5. All procedural safeguards the parent has under this chapter, including the right to file a complaint under s. DHS 90.05 (4), the right to participate in mediation and the right to request a hearing regarding the proposed or refused action.

(c)

1. The notice under par. (a) shall be in language understandable to the general public.

2. If the parent’s proficiency in English is limited, the notice under par. (a) shall also be provided in the language normally used by the parent unless this is clearly not feasible.

3. If the language or other mode of communication normally used by the parent is not written, the county agency or service provider shall take steps to ensure that:

a. The notice is translated orally or by other means into the language the parent normally uses or other mode of communication;

b. The parent understands the notice; and

c. There is written evidence of notice that complies with this subsection.

4. If a parent is deaf or blind, the mode of notifying the parent shall be the mode of communication normally used by the parent, such as sign language, braille or oral communication.

(2) Consent.

(a) For evaluation and assessment.

1. The county administrative agency shall obtain the parent’s written consent before conducting the initial evaluation and assessment of a child. This consent shall continue in effect until revoked by the parent or until the child is no longer receiving early intervention services.

2. The county administrative agency requesting a parent’s written consent to the evaluation and assessment shall inform the parent of the following:

a. The purpose of the evaluation and assessment, the procedures to be employed and the types of professionals who will be involved;

b. Any likely effects on the parents of the evaluation or assessment such as need to provide transportation for the child; and

c. If consent is not given, the child will not receive the evaluation or assessment.

3. The parent may refuse to give consent for a particular evaluation or assessment procedure. If a parent refuses consent, the county administrative agency may not carry out that procedure. The county administrative agency may not limit or deny the use of a particular procedure because the parent has refused to consent to another procedure. If the county administrative agency believes that a particular evaluation or assessment procedure to which a parent has refused consent would provide important information to assist in determining appropriate service needs, the agency shall develop a timeline and procedure with the parent for how consent would again be requested. The county shall keep written documentation of efforts to obtain consent as well as written documentation of the agreed timeline and procedure.

4. If a parent refuses consent for evaluation or assessment and the refusal falls within the scope of s. 48.981 (2), Stats., the county administrative agency or service provider may take action in accordance with s. 48.981 (2), Stats.

(b) For services.

1. The county administrative agency shall develop the IFSP in collaboration with the parent and obtain the parent’s written consent for the delineated services before early intervention services are provided to the eligible child and family. This consent shall continue in effect until revoked by the parent or until the child is no longer receiving early intervention services.

2. The county administrative agency requesting a parent’s written consent for services shall inform the parents of the following:

a. The purpose of each service to be provided and the manner in which the service will be provided. The parent’s written consent shall specify each service the parent has authorized;

b. The known cost to the parents of the services, if there are any costs, whether direct or indirect;

c. Any likely effects on the parents of each service;

d. The possible consequences of not consenting to each proposed service; and

e. If consent is not given, the child will not receive the services.

3. A parent may consent to some services and reject others. If the parent objects to a proposed service, the program may not provide that service. The county administrative agency may not limit or deny the provision of a particular service because the parent has refused to consent to another service.

(c) For billing a third party. With the parent’s consent, a third party may be billed for early intervention services. The service coordinator shall ensure that the parent, prior to giving consent, is informed of and understands that because of third party billing the parent may incur financial loss, including but not limited to a decrease in benefits or increase in premiums or discontinuation of the policy.

(3) Confidentiality.