Chapter DHS 90

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

DHS 90.12(2)(a)2.c. c. If consent is not given, the child will not receive the evaluation or assessment.

DHS 90.12(2)(a)3. 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.

DHS 90.12(2)(a)4. 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.

DHS 90.12(2)(b) (b) For services.

DHS 90.12(2)(b)1. 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.

DHS 90.12(2)(b)2. 2. The county administrative agency requesting a parent’s written consent for services shall inform the parents of the following:

DHS 90.12(2)(b)2.a. 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;

DHS 90.12(2)(b)2.b. b. The known cost to the parents of the services, if there are any costs, whether direct or indirect;

DHS 90.12(2)(b)2.c. c. Any likely effects on the parents of each service;

DHS 90.12(2)(b)2.d. d. The possible consequences of not consenting to each proposed service; and

DHS 90.12(2)(b)2.e. e. If consent is not given, the child will not receive the services.

DHS 90.12(2)(b)3. 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.

DHS 90.12(2)(c) (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.

DHS 90.12(3) (3) Confidentiality.

DHS 90.12(3)(a) (a) Personally identifiable information about a child, a parent of the child or other member of the child’s family is confidential at all stages of record development and maintenance, including information collection, storage, disclosure and destruction.

DHS 90.12(3)(b) (b) The county administrative agency is responsible for maintaining the confidentiality of a child’s early intervention records wherever those records are located. Any interagency agreement or contract with a service provider shall set forth the service provider’s responsibility to keep early intervention records confidential. One staff member at each agency maintaining early identification records shall be designated to ensure that personally identifiable information is kept confidential. The county administrative agency shall provide training to staff concerning the policies of early intervention record maintenance and confidentiality.

DHS 90.12(3)(c) (c) Parents may review the early intervention records of their child.

DHS 90.12(3)(d) (d) A county administrative agency or service provider may disclose confidential information from early intervention records, without parental consent, only to those of its employees who have a legitimate need for the information in the performance of their duties and to representatives of the department who require the information for purposes of supervising and monitoring services provision and enforcing this chapter. Each county administrative agency shall maintain a list attached to the early intervention record which identifies by name the parents and by name and title those employees of the agency and service providers who are identified in the child’s IFSP as having a legitimate need for access to the early intervention record and who will have unrestricted access to that record. Each county administrative agency shall also maintain a log as part of an early intervention record, on which the name of any other employee or representative given access to the record or to whom information from the record was disclosed shall be recorded, along with the date of access or disclosure and the purpose of the access or disclosure.

DHS 90.12(3)(e) (e) The parent’s written consent consistent with s. 51.30 (2), Stats., is required to disclose confidential information except as authorized in par. (d). If a parent refuses consent to release confidential information and the refusal falls within the scope of s. 48.981, Stats., the county administrative agency or service provider may take action in accordance with s. 48.981, Stats.

DHS 90.12(3)(f) (f) The county administrative agency shall annually give notice to fully inform parents about the types of personally identifiable information that will be collected, maintained and distributed about participants in the early intervention system or information compiled during child find activities. This notice shall:

DHS 90.12(3)(f)1. 1. Be given in the native languages of the various population groups and list the languages in which the notice is available;

DHS 90.12(3)(f)2. 2. Contain a description of the children on whom personally identifiable information is maintained, the types of information sought, the methods the agency intends to use in gathering the information, including the sources from whom information is gathered, and the uses to be made of the information;

DHS 90.12(3)(f)3. 3. Contain information regarding storage, disclosure to third parties and retention and destruction of personally identifiable information; and

DHS 90.12(3)(f)4. 4. Contain a description of all the rights of parents and children regarding this information, including rights under 34 CFR 99.

DHS 90.12(3)(g) (g) The county administrative agency shall inform the parent when personally identifiable information contained in the early intervention record is no longer needed to provide early intervention services. The information shall be destroyed at the request of the parent except that a permanent record of the child’s name, date of birth, the parent’s address, the parent’s phone number, names of service coordinators and service providers, and exit data, including year and age upon exit and any programs entered into upon exiting, may be maintained. In this paragraph, “destruction” means physical destruction or removal of personally identifiable information from the early intervention record.

DHS 90.12 Note Note: For the information of interested persons, the confidentiality provisions of ch. DHS 90 meet the confidentiality requirements of Part B of the Individuals with Disabilities Education Act, 20 USC ch. 33, and 34 CFR 300.560 to 300.576 and the requirement of 34 CFR Pt. 99, with the following modifications: