Chapter DHS 90

Register November 2008 No. 635

Chapter DHS 90

EARLY INTERVENTION SERVICES FOR CHILDREN
FROM BIRTH TO AGE 3 WITH DEVELOPMENTAL NEEDS

DHS 90.01   Authority and purpose.

DHS 90.02   Applicability.

DHS 90.03   Definitions.

DHS 90.04   Eligibility.

DHS 90.05   Department responsibilities.

DHS 90.06   County administrative agency designation and responsibilities.

DHS 90.07   Identification and referral.

DHS 90.08   Evaluation.

DHS 90.09   Assessment.

DHS 90.10   Development of service plan.

DHS 90.11   Service provision.

DHS 90.12   Procedural safeguards for parents.

DHS 90.13   Surrogate parent.

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;