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 HistoryHistory: 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(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 90.05(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)(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)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)(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)(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.