Chapter DHS 90

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:

DHS 90.06(1)(a) (a) “Annual income after disability deductions” means the annual parental income less a deduction of $3,300 for each member of the family participating in the birth to 3 program and each child under 19 years of age with a disability as defined in s. 46.272 (1) (b), Stats.

DHS 90.06(1)(b) (b) “Annual parental income” means total income of the legally responsible parent or parents as reported on the parent’s most recent federal individual tax return.

DHS 90.06(1)(c) (c) “Family” means people who share a residence and are any of the following:

DHS 90.06(1)(c)1. 1. A child eligible for the Birth to 3 Program.

DHS 90.06(1)(c)2. 2. A parent of a person in subd. 1.

DHS 90.06(1)(c)3. 3. Any minor in the residence for whom a person in subd. 2. is legally responsible.

DHS 90.06(1)(d) (d) “Federal poverty guidelines” means the administrative version of the federal poverty measure, adjusted for families of different size, that are issued annually by the U.S. Department of Health and Human Services.

DHS 90.06(1)(e) (e) “Full financial information” means information about parental income, expenses, and assets that the county administrative agency requests to determine the parental cost share.

DHS 90.06(1)(f) (f) “Parent” means a child’s adoptive or biological mother or father who has legal responsibility for the child.

DHS 90.06(1)(g) (g) “Parental cost share” means an annual amount of money the county administrative agency determines to be due and payable currently from the parents.

DHS 90.06(1m) (1m) Designation by county board. The county board of each county shall designate a county department under s. 46.21, 46.22, 46.23, 51.42 or 51.437, Stats., a local public health agency or any other county agency or enter into a contract or agreement with any other public agency to be the administrative agency in the county for the birth to 3 program. That designation or notice of other arrangement shall be made by letter to the department.

DHS 90.06(2) (2) Responsibilities. A county administrative agency shall ensure that all of the following are done:

DHS 90.06(2)(a) (a) Parents, representatives of agencies that refer, evaluate or provide services to young children and their families in the community and other interested persons are involved in planning, development and operation of the early intervention service system;

DHS 90.06(2)(b) (b) A comprehensive child find system is established in accordance with s. DHS 90.07, including activities to make the public aware of the local birth to 3 program and development of a formal system of communication and coordination among pertinent agencies operating in the county that may have contact with eligible children and their families;

DHS 90.06(2)(c) (c) A service coordinator is designated for every child referred for evaluation. The service coordinator need not be an employee of the county administrative agency but shall be accountable to the county administrative agency;

DHS 90.06(2)(d) (d) The parents are informed orally and in writing about the purposes of the birth to 3 program, the process and the procedural safeguards;

DHS 90.06(2)(e) (e) The parents are collaborators in the IFSP planning process;

DHS 90.06(2)(f) (f) Written consent of the child’s parents is obtained, in accordance with s. DHS 90.12 (2) (a), before the initial evaluation and assessment are conducted;

DHS 90.06(2)(g) (g) Core services are provided at no cost to the parent;

DHS 90.06(2)(h) (h) Other early intervention services as identified in s. DHS 90.11 (4) are provided in accordance with the IFSP. County administrative agencies shall determine the parental cost share of early intervention services costs not met by third party payers in accordance with par. (i). Parental cost share for early intervention services shall begin with services designated in IFSPs developed or reviewed on or after March 1, 2002.

DHS 90.06(2)(i) (i)

DHS 90.06(2)(i)1. 1. Parental cost shares are determined. The county administrative agency shall have billing, revenue collection and revenue tracking responsibility for the parental cost share unless the county administrative agency delegates these responsibilities to a service provider by written agreement specifying the conditions of the delegation. A county administrative agency shall make an assessment of the parental cost share for services to an eligible child in the following manner:

DHS 90.06(2)(i)1.a. a. Determine the annual income of the parents. When the legally responsible parents live in separate households and the child eligible for the birth to 3 program resides in both households, the family size is determined for each household. There is a separate parental cost share determined for each household.

DHS 90.06(2)(i)1.b. b. Determine the annual income after disability deduction.

DHS 90.06(2)(i)1.c. c. Determine the federal poverty guidelines for the annual income after disability deduction and family size.

DHS 90.06(2)(i)1.d. d. Determine the percent above or below the federal poverty guidelines determined in subd. 1. c., the family’s annual income after disability deduction determined in subd. 1. b., and assign the parental cost share according to Table DHS 90.06.

DHS 90.06(2)(i)1.e. e. The maximum parental cost share is $1,800 per year without regard to the number of children in the birth to 3 program in the family. When the legally responsible parents live in separate households and the child eligible for the birth to 3 program resides in both households, combined cost shares may not exceed $1,800. The cost shares shall be divided between the parents based on the parents’ relative income.

Table DHS 90.06

Assignment of Parental Cost Share

DHS 90.06 Note Note: The federal poverty guidelines are adjusted yearly and are published annually in the Federal Register. The department will distribute the applicable federal poverty guidelines information that is effective each year.

DHS 90.06(2)(i)2. 2. A parent who is informed of his or her rights and who knowingly refuses to provide full financial information is held liable for the maximum parental cost share.

DHS 90.06(2)(i)3. 3. A parental cost share for early intervention services is assessed unless the parents have financial liability for other services subject to the uniform fee system that are provided to the eligible child.

DHS 90.06(2)(i)4. 4. Parents are informed of their right to request a waiver of the parental cost share in part or in whole if the request is based on unique circumstances of the child or family.

DHS 90.06(2)(i)5. 5. Parents are informed as early as is administratively feasible of the parents’ rights and responsibilities under the cost share system. The department shall provide sample brochures to county administrative agencies to assist the agencies in informing parents.

DHS 90.06(2)(i)6. 6. Revenue received from payments of the parental cost share is used only for early intervention services within the county and do not supplant county funds required under s. 51.44 (3) (c), Stats.

DHS 90.06(2)(j) (j) Written consent of the child’s parent is obtained, in accordance with s. DHS 90.12 (2) (b), for provision of early intervention services for the child and family to implement the IFSP;

DHS 90.06(2)(k) (k) Interagency agreements are entered into with other local agencies to identify respective roles and responsibilities in the delivery of early intervention services, coordinate service delivery, ensure the timely delivery of services and identify how disputes will be resolved when there is disagreement about the agency responsible for provision of a particular service;

DHS 90.06(2)(L) (L) The confidentiality of personally identifiable information about a child, a parent of the child or other member of the child’s family, in accordance with s. DHS 90.12 (3), is maintained;

DHS 90.06(2)(n) (n) The need of a child for a surrogate parent is determined, and a surrogate parent is appointed in accordance with s. DHS 90.13 if the child needs one;

DHS 90.06(2)(o) (o)

DHS 90.06(2)(o)1. 1. An early intervention record is maintained for each child which includes the individualized family service plan for the child, all records of core services and other early intervention services received by the child, parental consent documents and other records pertaining to the child or the child’s family required by this chapter, and these are made available for inspection by the child’s parents and representatives of the department;

DHS 90.06(2)(o)2. 2. The early intervention record is kept separate from other records on the child maintained by the agency unless the parent specifically agrees in writing that another record and the early intervention record be kept together. Records that might be kept with the early intervention record include an individual service plan under the programs established in ss. 46.011 (1g) and 46.272, Stats.

DHS 90.06(2)(p) (p) Local birth to 3 program records are maintained, including interagency agreements, records of how funds were budgeted and expended, records of personnel qualifications, records related to state training plan implementation and copies of contracts and agreements with service providers, and these are made available for inspection by representatives of the department; and

DHS 90.06(2)(q) (q) The department is provided, on request, with 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 the local program.

DHS 90.06 History History: Cr. Register, June, 1992, No. 438, eff. 7-1-92; emerg. am. (1), (2) (c), (g) and (n), renum. (2) (m) to be (2) (m) 1., cr. (2) (m) 2., eff. 1-1-93; am. (1), (2) (c), (g) and (n), renum. (2) (m) to be (2) (m) 1., cr. (2) (m) 2., Register, June, 1993, No. 450, eff. 7-1-93; am. (2) (g), renum. (2) (h) to (o) to be (2) (i) to (p), cr. (2) (h), Register, April, 1997, No. 496, eff. 5-1-97; corrections in (2) (h) and (n) made under s. 13.93 (2m) (b) 7., Register, September, 1999, No. 525; emerg. renum. (1) to be (1m) and (2) (i) to (p) to be (2) (j) to (q), cr. (1) and (2) (i), am. (2) (h), eff. 10-1-01. CR 01-106: renum. (1) to be (1m) and (2) (i) to (p) to be (2) (j) to (q), cr. (1) and (2) (i), am. (2) (h), Register February 2002 No. 554, eff. 3-1-02; CR 03-033: r. (2) (m) Register December 2003 No. 576, eff. 1-1-04; corrections in (1) (a) and (2) (o) 2. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 20-039: am. (1) (a), (2) (o) 2. Register October 2021 No. 790, eff. 11-1-21.

DHS 90.07 DHS 90.07 Identification and referral.

DHS 90.07(1) (1) Establishment of child find system. Each county administrative agency shall establish a comprehensive child find system to ensure that all children who may be eligible for the birth to 3 program are identified and referred for screening or for evaluation to determine eligibility for the birth to 3 program. The system shall include public awareness activities and an informed referral network.

DHS 90.07(2) (2) Informed referral network.

DHS 90.07(2)(a) (a) A county administrative agency shall establish a formal system of communication and coordination among agencies and others within the community serving young children. This referral network shall identify and include local providers of services related to early intervention, enhance each provider’s knowledge of eligibility criteria under this chapter and coordinate referrals to the local birth to 3 program.

DHS 90.07(2)(b) (b) The informed referral network shall be made up of all primary referral sources. Primary referral sources include but are not limited to:

DHS 90.07(2)(b)1. 1. Parents;

DHS 90.07(2)(b)2. 2. All agencies which receive funds directly or through a subcontract under relevant federal programs;

DHS 90.07(2)(b)3. 3. Health care providers such as neonatal intensive care units, perinatal follow-through clinics, hospitals, physicians, public health agencies and facilities, and rehabilitation agencies and facilities;

DHS 90.07(2)(b)4. 4. Day care providers;

DHS 90.07(2)(b)5. 5. Schools; and

DHS 90.07(2)(b)6. 6. Other qualified personnel and local providers of services to young children and their families.

DHS 90.07(3) (3) Screening and referral for evaluation.

DHS 90.07(3)(a) (a) If the primary referral source suspects that an infant or toddler has a developmental delay, the primary referral source shall conduct or request a formal screening to determine if there is reason to refer the child for an evaluation.

DHS 90.07(3)(b) (b) If the primary referral source has reasonable cause to believe that a child has a diagnosed physical or mental condition which has a high probability of resulting in a developmental delay or has a developmental delay, the primary referral source shall refer the child for an evaluation. The primary referral source shall ensure that referral for evaluation is made no more than 2 working days after a child has been identified.

DHS 90.07 Note Note: Referral sources should differentiate between a request or need for a formal screening and referral for an evaluation.

DHS 90.07(3)(c) (c)

DHS 90.07(3)(c)1. 1. A service provider may do informal or formal screening of a child as part of the service provider’s routine observations or intake procedures.

DHS 90.07(3)(c)2. 2. Following either a formal or informal screening, the primary referral source or the service provider shall inform the parent of the reason, procedures and results of the screening.

DHS 90.07 History History: Cr. Register, June, 1992, No. 438, eff. 7-1-92; am. (1), (3) (b) 2., Register, April, 1997, No. 496, eff. 5-1-97; am (1), r. and recr. (3), Register, September, 1999, No. 525, eff. 10-1-99.

DHS 90.08 DHS 90.08 Evaluation.

DHS 90.08(1) (1) Designation of service coordinator. When a child is referred to the birth to 3 program for evaluation and possible early intervention services, the county administrative agency shall as soon as possible designate a service coordinator for that child and the child’s family.

DHS 90.08(2) (2) Determination of eligibility. A referred child shall be evaluated in accordance with the criteria under sub. (4) to determine the child’s eligibility for early intervention services under the program.

DHS 90.08(3) (3) EI team.

DHS 90.08(3)(a) (a) In consultation with the parent and based on the child’s suspected needs, the service coordinator shall select at least 2 qualified personnel from those under par. (b) who, with the parent and service coordinator, will make up the EI team to perform the evaluation and make the determination of eligibility. Qualified personnel may be from different agencies and shall be from at least 2 different disciplines in areas of suspected need. The service coordinator may be one of the qualified personnel if the service coordinator is qualified as required under par. (b). At least one of the qualified personnel shall have expertise in the assessment of both typical and atypical development and expertise in child development and program planning.

DHS 90.08(3)(b) (b) Qualified personnel who are qualified to serve on the EI team are the following:

DHS 90.08(3)(b)1. 1. Audiologists with at least a master’s degree in audiology from an accredited institution of higher education who are registered or licensed under ch. 459, Stats.;

DHS 90.08(3)(b)2. 2. Nutritionists registered as dietitians by or eligible for registration as dietitians by the American dietetic association;

DHS 90.08(3)(b)3. 3. Occupational therapists licensed under ch. 448, Stats.;

DHS 90.08(3)(b)4. 4. Physical therapists licensed under ch. 448, Stats.;