Chapter DHS 90

DHS 90.11(4)(h)2. 2. “Nutrition services” does not include coverage of the cost of food supplements, vitamins or prescription formulations designed to improve or maintain a child’s nutritional status.

DHS 90.11(4)(i) (i) Occupational therapy services. Occupational therapy services that address the functional needs of a child related to the performance of self-help skills or to adaptive development, and to adaptive behavior and play, and sensory, motor and postural development. These services are designed to improve the child’s functional ability in home and community settings and include:

DHS 90.11(4)(i)1. 1. Identification, assessment and intervention;

DHS 90.11(4)(i)2. 2. Adaptation of the environment, and selection, design and fabrication of assistive and orthotic devices to facilitate development and promote the acquisition of functional skills;

DHS 90.11(4)(i)3. 3. Prevention or minimization of the impact of initial or future impairment, delay in development or loss of functional ability; and

DHS 90.11(4)(i)4. 4. Provision of consultation to and training of parents, other service providers and community agencies in regard to occupational therapy services.

DHS 90.11(4)(j) (j) Physical therapy. Physical therapy services to promote sensorimotor functions through the enhancement of musculoskeletal status, neurobehavioral organization, perceptual and motor development, cardiopulmonary status and effective environmental adaption. These services include:

DHS 90.11(4)(j)1. 1. Screening, evaluation and assessment of infants and toddlers to identify movement dysfunction;

DHS 90.11(4)(j)2. 2. Obtaining, interpreting and integrating information appropriate to program planning, to prevent, alleviate or compensate for movement dysfunctions and related functional problems;

DHS 90.11(4)(j)3. 3. Providing individual and group services and treatment to prevent, alleviate or compensate for movement dysfunction and related functional problems; and

DHS 90.11(4)(j)4. 4. Provision of consultation to and training of parents, other service providers and community agencies in regard to physical therapy services.

DHS 90.11(4)(k) (k) Psychological services. Psychological services, to include:

DHS 90.11(4)(k)1. 1. Administering psychological and developmental tests and other assessment procedures, interpreting results, and obtaining, integrating and interpreting information about child behavior and child and family conditions related to learning, mental health and development;

DHS 90.11(4)(k)2. 2. Planning and managing a program of psychological services, including psychological counseling for children and parents, family counseling, consultation on child development, and parent education; and

DHS 90.11(4)(k)3. 3. Provision of consultation to and training of parents, other service providers and community agencies in regard to psychological services.

DHS 90.11(4)(L) (L) Social work services. Social work services, to include:

DHS 90.11(4)(L)1. 1. Making home visits to evaluate a child’s living conditions and patterns of parent-child interactions;

DHS 90.11(4)(L)2. 2. Preparing a social and emotional developmental assessment of the child within the family context;

DHS 90.11(4)(L)3. 3. Providing individual and family group counseling with parents and other family members, and appropriate social skill-building within the family context;

DHS 90.11(4)(L)4. 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

DHS 90.11(4)(L)5. 5. Identifying, mobilizing and coordinating community resources and services to enable the child and family to receive maximum benefit from early intervention services; and

DHS 90.11(4)(L)6. 6. Provision of consultation to and training of parents, other service providers and community agencies in regard to social work services.

DHS 90.11(4)(m) (m) Special instruction. Special instruction, to include:

DHS 90.11(4)(m)1. 1. Evaluation and assessment in all areas of development;

DHS 90.11(4)(m)2. 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;

DHS 90.11(4)(m)3. 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;

DHS 90.11(4)(m)4. 4. Providing families with information, skills and support related to enhancing the skill development of the child;

DHS 90.11(4)(m)5. 5. Working with a child to enhance the child’s development;

DHS 90.11(4)(m)6. 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;

DHS 90.11(4)(m)7. 7. Providing support and consultation to child care providers and others in integrated child care settings; and

DHS 90.11(4)(m)8. 8. Provision of consultation to and training of parents, other service providers and community agencies in regard to special instruction services.

DHS 90.11(4)(n) (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.

DHS 90.11(4)(o) (o) Vision services. Vision services, to include:

DHS 90.11(4)(o)1. 1. Evaluation and assessment of visual functioning, including the diagnosis and appraisal of specific visual disorders, delays and abilities;

DHS 90.11(4)(o)2. 2. Referral for medical and other professional services necessary for habilitation or rehabilitation of visual functioning disorders, or both;

DHS 90.11(4)(o)3. 3. Communication skills training for all environments, visual training, independent living skills training and additional training to activate visual motor abilities; and

DHS 90.11(4)(o)4. 4. Provision of consultation to and training of parents, other service providers and community agencies in regard to vision services.

DHS 90.11(5) (5) Service delivery.

DHS 90.11(5)(a) (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.

DHS 90.11(5)(b) (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.

DHS 90.11(6) (6) Qualified personnel.

DHS 90.11(6)(a) (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:

DHS 90.11(6)(a)1. 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.;

DHS 90.11(6)(a)2. 2. Early intervention program assistants shall be at least 18 years of age and meet one of the following requirements:

DHS 90.11(6)(a)2.a. a. Have at least 3 years of experience in supervising structured youth activities;

DHS 90.11(6)(a)2.b. b. Have completed at least 3 years of college education;

DHS 90.11(6)(a)2.c. c. Have a combination of education and experience under subds. 1. and 2. totaling 3 years; or

DHS 90.11(6)(a)2.d. d. Have completed a 2-year program in child care and development approved by the Wisconsin department of public instruction.

DHS 90.11(6)(a)2m. 2m. Marriage and family therapists shall be licensed [certified] under ch. 457, Stats.;

DHS 90.11(6)(a)3. 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;

DHS 90.11(6)(a)4. 4. Occupational therapists shall be licensed under ch. 448, Stats.; and occupational therapy assistants shall be licensed under ch. 448, Stats.;

DHS 90.11(6)(a)5. 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;

DHS 90.11(6)(a)6. 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;

DHS 90.11(6)(a)7. 7. Pediatricians and other physicians shall be licensed under ch. 448, Stats., and physician assistants shall be certified under s. 448.05 (5), Stats.;

DHS 90.11(6)(a)8. 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;

DHS 90.11(6)(a)9. 9. Psychologists shall be licensed under ch. 455, Stats.;

DHS 90.11(6)(a)10. 10. Registered nurses shall be licensed under s. 441.06, Stats., and licensed practical nurses shall be licensed under s. 441.10, Stats.;

DHS 90.11(6)(a)11. 11. Rehabilitation counselors shall have at least a master’s degree in rehabilitation counseling or a related field;

DHS 90.11(6)(a)12. 12. School psychologists shall be licensed under ch. 115, Stats., and ch. PI 34;

DHS 90.11(6)(a)13. 13. Social workers shall be certified under ch. 457, Stats.;

DHS 90.11(6)(a)14. 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

DHS 90.11(6)(a)15. 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.

DHS 90.11(6)(b) (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.

DHS 90.11 History 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 DHS 90.12 Procedural safeguards for parents.

DHS 90.12(1) (1) Prior notice.

DHS 90.12(1)(a) (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:

DHS 90.12(1)(a)1. 1. Identification, evaluation or placement of a child; or

DHS 90.12(1)(a)2. 2. Provision of early intervention services to the child and the child’s family.

DHS 90.12(1)(b) (b) The notice under par. (a) shall provide sufficient detail to inform the parent about:

DHS 90.12(1)(b)1. 1. The proposed or refused action;

DHS 90.12(1)(b)2. 2. The reasons for taking the action, including a description of other options considered and reasons for rejecting them;

DHS 90.12(1)(b)3. 3. The information upon which the proposed or refused action is based;

DHS 90.12(1)(b)4. 4. Their right to refuse consent to an evaluation or a service; and

DHS 90.12(1)(b)5. 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.

DHS 90.12(1)(c) (c)

DHS 90.12(1)(c)1. 1. The notice under par. (a) shall be in language understandable to the general public.

DHS 90.12(1)(c)2. 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.

DHS 90.12(1)(c)3. 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:

DHS 90.12(1)(c)3.a. a. The notice is translated orally or by other means into the language the parent normally uses or other mode of communication;

DHS 90.12(1)(c)3.b. b. The parent understands the notice; and

DHS 90.12(1)(c)3.c. c. There is written evidence of notice that complies with this subsection.

DHS 90.12(1)(c)4. 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.

DHS 90.12(2) (2) Consent.

DHS 90.12(2)(a) (a) For evaluation and assessment.

DHS 90.12(2)(a)1. 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.

DHS 90.12(2)(a)2. 2. The county administrative agency requesting a parent’s written consent to the evaluation and assessment shall inform the parent of the following:

DHS 90.12(2)(a)2.a. a. The purpose of the evaluation and assessment, the procedures to be employed and the types of professionals who will be involved;

DHS 90.12(2)(a)2.b. b. Any likely effects on the parents of the evaluation or assessment such as need to provide transportation for the child; and