SS 110-15

The Governor approved this Statement of Scope on August 26, 2015.

Statement of Scope

DEPARTMENT OF HEALTH SERVICES

Rule No.:

DHS 90

Relating to:

Early intervention services for children from birth to age 3 with developmental needs

Rule Type:

Permanent

Type of Statement of Scope:   Original

1. Finding/nature of emergency (Emergency Rule only):

Not Applicable.

2. Detailed description of the objective of the proposed rule:

The objective of the proposed rulemaking is to update ch. DHS 90 to be consistent with federal regulations for early intervention services for infants and toddlers with disabilities and to clarify requirements for implementing Wisconsin’s early intervention services for children from birth to age 3 with developmental needs.

3. Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives:

The department, under ch. DHS 90, s. 51.44 (1m), Stats., and 34 CFR 303 implements Wisconsin’s early intervention services for children from birth to age 3 with developmental needs, also known as the Birth to 3 Program, using grant funds distributed under the federal Individuals with Disabilites Education Act. Effective October 28, 2011, 34 CFR 303 was revised including in areas of child find, screening, individualized family service plans, transition, conflict resolution, and parental rights. The department proposes to update ch. DHS 90 to be consistent with 34 CFR 303.

Chapter DHS 90 also includes requirements with respect to staff licensing, parental cost share, county responsibilities, and eligibility specifics. To clarify procedures and to reduce inconsistency of implementation, the department proposes to revise ch. DHS 90 to add provisions in the areas of evaluation and assessment, county responsibilities, transition, documentation, and fiscal.

There are no reasonable alternatives to rulemaking. The department is required under s. 51.44 (1m), Stats., to develop and implement early intervention services by rule.

4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):

Section 51.44 (1m) and (5) (a), (am), and (b), Stats., reads:

(1m) The department is the lead agency in this state for the development and implementation of a statewide system of coordinated, comprehensive multidisciplinary programs to provide appropriate early intervention services under the requirements of 20 USC 1431 to 1444.

(5) The department shall do all of the following:

(a) Promulgate rules for the statewide implementation of the program under this section that do all of the following:

1. Specify the population of children who would be eligible for services under the program.

2. Define the term "early intervention services".

3. Establish personnel standards and a comprehensive plan for the development of personnel providing services in the program.

4. Establish procedures for the resolution of complaints by clients in the program.

5. Specify data collection requirements, including a system for making referrals to service providers.

6. Establish monitoring and supervision authority.

7. Establish policies and procedures for the implementation of individual family services plans and case management services.

8. Develop requirements for local coordination and interagency agreements at state and local levels.

9. Establish requirements for public awareness activities and a statewide directory of services.

(am) Promulgate rules that define the term "service coordinator".

(b) Ensure that the children eligible for early intervention services under this section receive all of the following services:

1. A multidisciplinary evaluation.

2. An individualized family service plan.

3. Assignment of a service coordinator, as defined by the department by rule, to provide case management services.

Section 227.11 (2) (a), Stats., reads: Rule-making authority is expressly conferred on an agency as follows:

(a) Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation. All of the following apply to the promulgation of a rule interpreting the provisions of a statute enforced or administered by an agency:

1. A statutory or nonstatutory provision containing a statement or declaration of legislative intent, purpose, findings, or policy does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.

2. A statutory provision describing the agency's general powers or duties does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.

3. A statutory provision containing a specific standard, requirement, or threshold does not confer on the agency the authority to promulgate, enforce, or administer a rule that contains a standard, requirement, or threshold that is more restrictive than the standard, requirement, or threshold contained in the statutory provision.