§ 23-13-22 - Early intervention program for developmentally disabled infants.
SECTION 23-13-22
§ 23-13-22 Early intervention program fordevelopmentally disabled infants. – (a) The director of the department of human services shall ensure that alldevelopmentally disabled infants from birth to three (3) years of age shall beenrolled in the early intervention program. Regulations governing the deliveryof services under this program, including eligibility criteria, shall bepromulgated by the department of human services, with the advice of theinteragency coordinating council; provided, however, that all regulationspromulgated by the department of health shall remain in full force and effectuntil the time they are replaced by regulations promulgated by the departmentof human services. The regulations shall stipulate, at a minimum, the followingprovisions that are consistent with the intent of this chapter:
(1) The director shall develop and maintain a procedure forthe earliest possible identification and efficient referral of alldevelopmentally disabled infants;
(2) The director shall ensure that every infant identifiedand referred to this program is enrolled as soon as possible after birth; andfurther, that for infants placed on a waiting list for facility based groupprogramming, an early intervention program shall be made available within athirty (30) day period from the time a need is identified in the individualprogram plan;
(3) Unless parents refuse the service, the home visitingcomponent of the program shall commence as soon as the infant has beenidentified as having a possible developmental disability;
(4) Any parent(s) who is/are dissatisfied with decisions ortermination of service or with practices and procedures of a particular agencyor the department of human services shall notify the director of the departmentof human services in writing within thirty (30) calendar days and the complaintshall be reviewed in accordance with department of health policy andprocedures, as amended, and the Administrative Procedures Act, chapter 35 oftitle 42.
(5) An early intervention program for purposes of thissection shall mean a comprehensive array of educational, developmental, health,and social services provided on a calendar year basis to eligible infants,children, and their families as specified in program regulations.
(b) Within ninety (90) days after October 1, 2004, anevaluation plan describing outcome measures that document the program'ssuccesses and shortcomings from the previous fiscal year shall be submitted tothe speaker of the house of representatives, the president of the senate andthe house oversight committee and the governor and the interagency coordinatingcouncil. Development of the plan shall be made in consultation with theentities with expertise in this area and the interagency coordinating council.The plan shall include a memorandum of understanding between the department ofhealth, department of human services and the department of elementary andsecondary education that demonstrates coordination and continuity of earlyintervention services among these departments.
(c) Within six (6) months after January 1, 2005 whereprescribed outcomes documented in the evaluation plan have not beenaccomplished the responsible agencies shall submit written explanations for theshortfalls, together with their proposed remedies. The report shall alsoinclude evaluation of the progress of the coordination efforts between thedepartment of health and the department of human services and the department ofelementary and secondary education and the interagency coordinating council andshall include any recommendations regarding modifications of the reimbursementmechanisms of this chapter.
(d) Within twelve (12) months after August 1, 2005 a finalreport shall include the progress of the coordination efforts between thedepartment of health and the department of human services and department ofelementary and secondary education, interagency coordinating council and shallinclude any recommendations regarding modifications to the comprehensive arrayof educational, developmental, health and social services provided on acalendar year basis to eligible infants, children and their families asspecified in an early intervention system.
(e) All reports or documents required to be produced pursuantto 20 U.S.C. § 1471 et seq., shall be submitted to the speaker of thehouse, president of the senate and the chairpersons of the appropriate house ofrepresentatives and senate oversight committees and the governor and theinteragency coordinating council. Adherence to such plans and reportingrequirements, and budgets and the timely achievement of goals contained thereinshall be considered by the oversight committees of the house of representativesand senate, among other relevant factors, in determining appropriations orother systemic changes.