Chapter DHS 90

Ch. DHS 90 Note Note: Chapter HSS 90 was created as an emergency rule effective October 1, 1991. Chapter HSS 90 was renumbered Chapter HFS 90 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, April, 1997, No. 496. Chapter HFS 90 was renumbered to chapter DHS 90 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

DHS 90.01 DHS 90.01 Authority and purpose. This chapter is promulgated under the authority of s. 51.44 (5) (a), Stats., to implement a statewide program of services for children in the age group birth to 3 who are significantly delayed developmentally insofar as their cognitive development, physical development, including vision and hearing, communication development, social and emotional development or development of adaptive behavior and self-help skills is concerned, or are diagnosed as having a physical or mental condition which is likely to result in significantly delayed development.

DHS 90.01 History History: Cr. Register, June, 1992, No. 438, eff. 7-1-92.

DHS 90.02 DHS 90.02 Applicability. This chapter applies to the department, to county agencies administering the early intervention services program, to other county agencies providing services under that program, and to all providers of early intervention services who are under contract to or have entered into agreement with county agencies to provide those services.

DHS 90.02 History History: Cr. Register, June, 1992, No. 438, eff. 7-1-92.

DHS 90.03 DHS 90.03 Definitions. In this chapter:

DHS 90.03(1) (1) “Assessment” means the initial and ongoing procedures used by qualified personnel and family members, following determination of eligibility, to determine an eligible child’s unique strengths and needs and the nature and extent of early intervention services required by the child and the child’s family to meet those needs.

DHS 90.03(2) (2) “Assistive technology device” means an item, piece of equipment or product system, whether acquired commercially off the shelf, modified or customized, that is used to increase, maintain or improve the functional capability of an eligible child.

DHS 90.03(2m) (2m) “Assistive technology service” means a service that directly assists a child with a disability in the selection, acquisition or use of an assistive technology device.

DHS 90.03(3) (3) “Atypical development” means development that is unusual in its pattern, is not within normal developmental milestones, and adversely affects the child’s overall development.

DHS 90.03(4) (4) “Birth to 3” means from birth up to but not including age 3.

DHS 90.03(5) (5) “Birth to 3 program” means the effort in Wisconsin under s. 51.44, Stats., and this chapter that is directed at meeting the developmental needs of eligible children and meeting the needs of their families as these needs relate to the child’s individual development.

DHS 90.03(6) (6) “Child” means a person in the age group birth to 3 with a developmental delay or disability as determined in accordance with criteria under s. DHS 90.08 (5) or (6).

DHS 90.03(7) (7) “Child find” means identifying, locating and evaluating children who may be eligible for the birth to 3 program.

DHS 90.03(8) (8) “Consent” means, in reference to a parent, that the parent:

DHS 90.03(8)(a) (a) Has been fully informed of all information relevant to an activity for which consent is sought, in the parent’s language or other mode of communication;

DHS 90.03(8)(b) (b) Understands that information;

DHS 90.03(8)(c) (c) Agrees in writing to the activity for which consent is sought and the written consent describes that activity and lists the records, if any, that will be released in this connection, and to whom the records will be released; and

DHS 90.03(8)(d) (d) Understands that the granting of consent is voluntary and may be revoked at any time.

DHS 90.03(9) (9) “Core services” means the interdisciplinary evaluation of a child to determine eligibility, the identification of a service coordinator, provision of service coordination, development of an individualized family service plan, and the protection of rights under procedural safeguards.

DHS 90.03(10) (10) “County administrative agency” means the s. 46.21, 46.22, 46.23, 51.42 or 51.437, Stats., department, the local public health agency or any other public agency either designated by a county board of supervisors or acting under contract or agreement with the county board of supervisors to operate the birth to 3 program in the county and provide or contract for early intervention services for eligible children in that county.

DHS 90.03(11) (11) “Department” means the Wisconsin department of health services.

DHS 90.03(12) (12) “Developmental delay” means development that lags behind established developmental milestones as determined in accordance with the criteria under s. DHS 90.08 (5).

DHS 90.03(13) (13) “Developmental status” means the current functioning of a child in the areas of cognition, communication, vision and hearing, social interaction, emotional response, adaptive behavior and self-help skills, and the current physical condition and health of the child.

DHS 90.03(14) (14) “Diagnosed condition” means a physical or mental condition for which the probability is high, based on a physician’s diagnosis and documenting report, that the condition will result in a developmental delay.

DHS 90.03(15) (15) “Early intervention record” means information recorded in any way by the county administrative agency or service provider regarding a child’s screening, evaluation, assessment or eligibility determination, development and implementation of the IFSP, individual complaints dealing with the child or family and any other matter related to early intervention services provided to the child and the child’s family.

DHS 90.03(16) (16) “Early intervention services” means services provided under public supervision that are designed to meet the special developmental needs of an eligible child and the needs of the child’s family related to the child’s development and selected in collaboration with the parent.

DHS 90.03(17) (17) “EI team” or “early intervention team” means the interdisciplinary team consisting of the parent, service coordinator and appropriate qualified personnel that conducts the evaluation or assessment of a child.

DHS 90.03(18) (18) “Eligible child” means a child eligible for the birth to 3 program.

DHS 90.03(19) (19) “Evaluation” means the process used by qualified professionals to determine a child’s initial and continuing eligibility for early intervention services under s. 51.44, Stats., and this chapter.

DHS 90.03(20) (20) “Family-directed assessment” means the ongoing process by which the parent and service providers work together in partnership to identify and understand the family’s strengths, resources, concerns and priorities including relevant cultural factors, beliefs and values, in order to provide support and services to increase the family’s capacity to meet the developmental needs of the child.

DHS 90.03(21) (21) “IFSP” or “individualized family service plan” means a written plan for providing early intervention services to an eligible child and the child’s family.

DHS 90.03(22) (22) “IFSP planning process” means the process to develop the IFSP which begins with the family’s first contacts with the birth to 3 program, includes the evaluation of the child’s abilities to determine eligibility; identification and assessment of the eligible child’s unique needs; at a family’s option, family-directed assessment of the family’s strengths, resources, concerns and priorities; development of the written IFSP; implementation of the plan; planning for transition to other programs or services; and ongoing review and revision of the written plan.

DHS 90.03(23) (23) “IFSP team” means the team that develops and implements the IFSP consisting of the parent, service coordinator, service providers, at least one professional who served on the EI team and any other person identified by the parent.

DHS 90.03(24) (24) “Interdisciplinary” means drawing from different disciplines, specialties and perspectives, including perspectives of parents, and using formal channels of communication that encourage members or contributors to share information and discuss results.

DHS 90.03(24m) (24m) “Native language” means the language or other mode of communication normally used by the parent.

DHS 90.03(25) (25) “Natural environment” means settings that are natural or normal for the child’s age peers who have no disability.

DHS 90.03(26) (26) “Parent” means the biological parents with parental rights or, if there is only one, the biological parent with parental rights; the parents by adoption or, if there is only one, the parent by adoption; a person acting as a parent such as a grandparent or stepparent with whom the child lives; a guardian; or a surrogate parent.

DHS 90.03 Note Note: The term “parent” is being used in the singular throughout this chapter for reasons of convenience of expression.

DHS 90.03(27) (27) “Parent facilitator” means the parent of a child with a disability, who is hired by the county administrative agency or a service provider on the basis of demonstrated skills in planning and communicating and in providing support to other parents.

DHS 90.03(28) (28) “Part C” means the federal grant program to help states establish statewide comprehensive systems of early intervention services for children in the age group birth to 3 and their families, 20 USC 1471-1485, which was added to the Individuals with Disabilities Education Act, 20 USC ch. 33, by PL 99-457 and amended by PL 102-119 and PL 105-17.

DHS 90.03(28m) (28m) “Personally identifiable information” means the name of the child or the child’s parent or other family member, the address of the child or the child’s parent or other family member, any personal identifier such as the child’s or parent’s social security number, or a list of personal characteristics or other information that would make it possible to identify the child with reasonable certainty.

DHS 90.03(29) (29) “Procedural safeguards” means the requirements under ss. DHS 90.12 and 90.13 designed to protect the rights of children and families receiving services through the birth to 3 program.

DHS 90.03(30) (30) “Public health agency” means a health department, board or officer under ch. 251, Stats.

DHS 90.03(31) (31) “Qualified personnel” means persons who have met Wisconsin approved or recognized certification, licensing, registration or other comparable requirements set out in s. DHS 90.11 (6) for providing an early intervention service.

DHS 90.03(32) (32) “Screening” means the process for identifying children who need further evaluation because they may have a developmental delay or a diagnosed condition.

DHS 90.03(33) (33) “Service coordinator” means the person designated by a county administrative agency and responsible to that agency for coordinating the evaluation of a child, the assessment of the child and family and the development of an individualized family service plan, and for assisting and enabling the eligible child and the child’s family to receive early intervention and other services and procedural safeguards under this chapter. A “service coordinator” is called a “case manager” for purposes of reimbursement for services under chs. DHS 101 to 108.

DHS 90.03(34) (34) “Service provider” means a public or private agency which by contract or agreement with a county administrative agency provides early intervention services under s. 51.44, Stats., and this chapter.

DHS 90.03(35) (35) “Surrogate parent” means a person who has been appointed in accordance with s. DHS 90.13 to act as a child’s parent in all matters relating to s. 51.44, Stats., and this chapter.

DHS 90.03 History History: Cr. Register, June, 1992, No. 438, eff. 7-1-92; emerg. am. (1), (2), (6), (10), (16), (19), (28) and (33), cr. (2g), (8) (b), (24g) and (28g), renum. (8) (b) to (d) to be (8) (c) to (e), r. and recr. (25), eff. 1-1-93; am. (1), (2), (6), (10), (16), (19), (28) and (33), cr. (2m), (24m) and (28m), renum. (8) (c) and (d) to be (8) (d) and (c) and am., r. and recr. (25), Register, June, 1993, No. 450, eff. 7-1-93; am. (15), Register, April, 1997, No. 496, eff. 5-1-97; am. (28), Register, September, 1999, No. 525, eff. 10-1-99; corrections in (11) and (33) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635.

DHS 90.04 DHS 90.04 Eligibility. A child shall be eligible for early intervention services under this chapter if the child is either:

DHS 90.04(1) (1) Determined by the EI team under s. DHS 90.08 to be developmentally delayed; or

DHS 90.04(2) (2) Determined by the EI team under s. DHS 90.08 to have a physician-diagnosed and documented physical or mental condition which has a high probability of resulting in a developmental delay.

DHS 90.04 History History: Cr. Register, June, 1992, No. 438, eff. 7-1-92.

DHS 90.05 DHS 90.05 Department responsibilities.

DHS 90.05(1) (1) General. The department is responsible for developing and supporting a statewide comprehensive system of services for children with disabilities in the age group birth to 3 and their families, and for supervising and monitoring local birth to 3 programs to ensure that they comply with 20 USC 1471-1485, 34 CFR Pt. 303, s. 51.44, Stats., and this chapter.

DHS 90.05(2) (2) Development and support. In developing and supporting the statewide system, the department shall:

DHS 90.05(2)(a) (a) Provide technical assistance to county administrative agencies on operation of a local birth to 3 program;

DHS 90.05(2)(b) (b) Enter into an interagency agreement with the Wisconsin department of public instruction related to operation of the birth to 3 program, including operation of child find and facilitating the transition at age 3 of a child with a disability from the birth to 3 program to the program for children with exceptional educational needs under ch. 115, Stats., and ch. PI 11, and such other state-level interagency and intra-agency agreements as are necessary to facilitate and coordinate the operation of birth to 3 programs. The interagency and intra-agency agreements shall cover assignment of financial responsibility and the resolution of disputes;

DHS 90.05(2)(c) (c) Undertake public awareness and other child find activities that focus on identification, location or evaluation of children who are eligible to receive early intervention services. The department shall endeavor to make the public aware of the rationale for early intervention services, the availability of those services, how to make referrals and how a family might obtain the services, through various means such as public service announcements and the distribution of brochures and other printed materials. Before undertaking any statewide child find activity that focuses on the identification, location or evaluation of children, the department shall ensure that adequate notice is published in newspapers or other media with circulation adequate to notify parents throughout the state of the activity;

DHS 90.05(2)(d) (d) Operate or arrange for operation of a central directory of services to provide information on request by mail or telephone about public and private early intervention resources, research and demonstration projects in the state and various professional and other groups providing assistance to children in the birth to 3 age group and their families; and

DHS 90.05(2)(e) (e) Develop a comprehensive system of personnel development, including a plan for the provision of both preservice and inservice training, conducted as appropriate on an interdisciplinary basis, for the many different kinds of personnel needed to provide early intervention services, including personnel from public and private providers, primary referral sources, paraprofessionals and service coordinators. The training shall be directed specifically at:

DHS 90.05(2)(e)1. 1. Understanding the basic components of early intervention services available in the state;

DHS 90.05(2)(e)2. 2. Meeting the interrelated social, emotional, health, developmental and educational needs of eligible children; and

DHS 90.05(2)(e)3. 3. Assisting parents of eligible children in furthering the development of their children and in participating fully in the development and implementation of the IFSP.

DHS 90.05(3) (3) Supervision and monitoring. In supervising and monitoring local birth to 3 programs, the department shall:

DHS 90.05(3)(a) (a) Collect from county administrative agencies information on use of funds, system development, number of children needing and receiving early intervention services, types of services needed, types of services provided and such other information the department requires to describe and assess the operation of local programs;

DHS 90.05(3)(b) (b) Have ready access to county administrative agency files and staff, and the files and staff of service providers under contract or agreement with the county administrative agency;

DHS 90.05(3)(c) (c) Make an independent on-site investigation if the department determines it is necessary;

DHS 90.05(3)(d) (d) Ensure that deficiencies identified through monitoring are corrected by means that may include technical assistance, negotiations, corrective action plans and the threat or imposition of sanctions as allowed by law to achieve compliance including withholding of funds under s. 46.031 (2r), Stats.; and

DHS 90.05(3)(e) (e) Resolve disputes between local agencies that cannot be resolved locally. One or both parties may ask the department, in writing, to resolve a dispute or, if the department determines that a dispute between local agencies adversely affects or threatens to adversely affect the delivery of services to families, the department may, on its own initiative, act to resolve the dispute.

DHS 90.05(4) (4) Procedures for receiving and resolving complaints about operation of the program.

DHS 90.05(4)(a) (a)

DHS 90.05(4)(a)1. 1. Any individual or organization having reason to believe that one or more requirements of this chapter or Part C and its implementing regulations, 34 CFR Pt. 303, are not being met by the department or a county administrative agency or by any other public agency or private provider involved in the early intervention system under agreement with the county administrative agency may complain to the department. The complaint shall be in writing and be signed and shall consist of a statement setting forth the complaint and the facts upon which the complaint is based. The department shall develop procedures to inform parents and other interested individuals and organizations about their right to file a complaint and how to file a complaint.

DHS 90.05(4)(a)2. 2. Complaints under subd. 1. shall not concern events that occurred more than one year before the complaint is made, except if the complainant could not have reasonably known about the event any earlier.

DHS 90.05 Note Note: Processes for resolution of disputes between parents and county administrative agencies are described in s. DHS 90.12 (5) and (6).

DHS 90.05(4)(b) (b) The department in response to a complaint filed under par. (a) shall appoint a complaint investigator who shall do the following:

DHS 90.05(4)(b)1. 1. Find out the facts related to the complaint;

DHS 90.05(4)(b)2. 2. Interview the complainant or the complainant’s representative as part of fact-finding if that seems useful;

DHS 90.05(4)(b)3. 3. Conduct an independent on-site investigation at the county administrative agency or of a service provider if the department considers that necessary;

DHS 90.05(4)(b)4. 4. Consider the merits of the complaint; and

DHS 90.05(4)(b)5. 5. Recommend resolution of the complaint.

DHS 90.05(4)(c) (c)

DHS 90.05(4)(c)1. 1. Except as provided under subd. 2., within 60 days after receiving a complaint under this subsection the department shall prepare a written decision stating the reasons for the decision and forward the decision to the affected agency or agencies with a copy to the complainant.

DHS 90.05(4)(c)2. 2. The department may extend the time limit for resolving a complaint by an additional 60 days if it determines that exceptional circumstances exist with respect to a particular complaint.

DHS 90.05 History History: Cr. Register, June, 1992, No. 438, eff. 7-1-92; emerg. am. (2) (c) and (4) (a), renum. (2) (e) 1. and 2. and (3) (c) to be (2) (e) 2. and 3. and (3) (d) and am. (3) (d), cr. (2) (e) 1. and (3) (c), eff. 1-1-93; am. (2) (c), (3) (b) and (4) (a), renum. (2) (e) 1. and 2. and (3) (c) to be (2) (e) 2. and 3. and (3) (d) and am. (3) (d), cr. (2) (e) 1., (3) (c) and (e), Register, June, 1993, No. 450, eff. 7-1-93; am. (4) (a), Register, April, 1997, No. 496, eff. 5-1-97; am. (4) (a), Register, September, 1999, No. 525, eff. 10-1-99; CR 03-033: am. (4) (a) and (c) 1. Register December 2003 No. 576, eff. 1-1-04.

DHS 90.06 DHS 90.06 County administrative agency designation and responsibilities.

DHS 90.06(1) (1) Definitions. In this section: