July 3, 2023

Birth to Three Early Intervention Program Policies and Procedures Manual

DELAWARE HEALTH AND SOCIAL SERVICES

TABLE OF CONTENTS

Preface

Mission

Section 1: DEFINITIONS

Section 2: GENERAL SUPERVISION REQUIREMENTS

Section 3: PUBLIC PARTICIPATION

Section 4: INTERAGENCY COORDINATING COUNCIL

Section 5: FISCAL MANAGEMENT

Section 6: SYSTEM OF PAYMENTS

Section 7: DATA COLLECTION

Section 8: MONITORING

Section 9: CENTRAL DIRECTORY AND PUBLIC AWARENESS

Section 10: CHILD IDENTIFICATION

Section 11: REFERRAL

Section 12: SERVICE COORDINATION

Section 13: ELIGIBILITY FOR DELAWARE’S BIRTH TO THREE EARLY

INTERVENTION PROGRAM

Section 14: MULTIDISCIPLINARY EVALUATION AND ASSESSMENT

Section 15: INDIVIDUALIZED FAMILY SERVICE PLAN

Section 16: EARLY INTERVENTION SERVICES

Section 18: CHILD AND FAMILY OUTCOMES MEASUREMENTS

Section 19: TRANSITION

Section 20: PROCEDURAL SAFEGUARDS

Section 21: DISPUTE RESOLUTION

Birth to Three Early Intervention Program Policies and Procedures Manual.

Delaware Department of Health and Social Services, Division of Public Health, Birth to Three Early Intervention Program - July 3, 2023

PREFACE

Purpose

This document encompasses the comprehensive policies and procedures for the development and implementation of the Delaware Birth to Three Early Intervention Program that is the statewide, comprehensive, coordinated, multidisciplinary, interagency system that provides early intervention services for infants and toddlers with disabilities. The manual is based on the participation of Delaware in Part C of the Individuals with Disabilities Education Act (IDEA).

The Delaware Department of Health and Social Services (DHSS) is the lead agency for the Part C of IDEA program and the Secretary of DHSS has delegated to the Division of Public Health, Birth to Three Early Intervention Program, the responsibilities for assuring and implementing all components of the statewide system in compliance with policies under Part C of IDEA.

Annually, the DHSS submits a grant application to the Office of Special Education Programs (OSEP). By receiving federal grant dollars, DHSS agrees to:

• Develop and implement a statewide, comprehensive, coordinated, multidisciplinary, interagency system that provides early intervention services for infants and toddlers with disabilities and their families;

• Facilitate the coordination of payment for early intervention services from federal, state, local, and private sources (including public and private insurance coverage);

• Enhance statewide capacity to provide quality early intervention services and expand and improve existing early intervention services being provided to infants and toddlers with disabilities and their families;

• Enhance the capacity of State and local agencies and early intervention service providers to identify, evaluate, and meet the needs of all children, including historically underrepresented populations, particularly minority, low-income, inner-city, and rural children, and infants and toddlers in foster care;

• Encourage the expansion of opportunities for children under three years of age who would be at risk of having a substantial developmental delay if they did not receive early intervention services; and

• Ensure compliance with the requirements of Part C of IDEA.

Overview

The Individuals with Disabilities Education Act (IDEA 2004) was previously known as The

Education for All Handicapped Children Act, P.L. 94-142 (1975) and originally mandated that free appropriate public education and related services be provided to children with disabilities ages 6-21. Amendments to IDEA were passed in 1986 (P.L. 99-457) and included Part H, providing an incentive to states to develop a system of coordinated, comprehensive, multidisciplinary, interagency programs of services for infants and toddlers, birth through two years of age, and their families.

The U.S. Congress reauthorized IDEA in 1997 and what was known as Part H became Part C. Based on the reauthorization of IDEA in 2004, revisions to Part C regulations in 34 CFR Part 303 were initiated. Final federal regulations for states’ Part C services programs under

Part C of the IDEA were published in the Federal Register on September 28, 2011 and were made effective on October 28, 2011. They are available at https://sites.ed.gov/idea/statuteregulations/.

MISSION

The mission of Delaware’s Birth to Three Early Intervention Program is to enhance the development of infants and toddlers with disabilities and/or developmental delays, and to enhance the capacity of their families to meet the special needs of these young children.

This mission has been adopted by both the Interagency Coordinating Council (ICC) and DHSS. Guiding principles include:

• Family-centered focus - Delaware is committed to strengthening and supporting families, sensitivity to the family's right to privacy, and respect for multicultural preferences. As the primary influence in the child’s life, and the most valuable source of information about the needs of the child and family, family members are key participants in each step of early intervention design and delivery. A critical function of early intervention service providers should be to enhance and build the confidence and competency of the family so that the family can support their child’s development throughout the day as natural learning opportunities occur.

• Integration of services - The needs of infants and toddlers and their families require the perspectives of various disciplines; thus, services and supports should be planned, using a collaborative, multidisciplinary, interagency approach. Existing services and programs, both public and private, should be supported with appropriate linkages promoted.

• Universal application - Families of infants and toddlers with disabilities in all areas of the state should receive comprehensive, multidisciplinary assessments of their young children, ages birth through two years, and have access to all necessary early intervention services and supports.

• Cost effectiveness - The system maximizes the use of third-party payment and avoids duplication of effort. Initial evaluation for eligibility and service coordination are provided at no cost to the family. Delaware has instituted a System of Payments policy to ensure financial sustainability of the program.

• High quality services - Service should be provided at the highest standards of quality with early intervention service providers being required to meet appropriate licensing and credentialing guidelines.

https://sites.ed.gov/idea/statuteregulations/

Section 1: DEFINITIONS

Policy Name:

1. Definitions

Authority:

Federal: 20 U.S.C §§1476, et seq.; 20 USC §1232g; 34 CFR Part 99; 34 CFR §§303.4- 37, §303.321(b)

State: Delaware Code Title 16, Chapter 2, Subchapter II, §212

Office:

Department of Health and Social Services, Birth to Three Early Intervention Program

Last Review Date:

July 1, 2023

OSEP Approval Date:

August 17, 2021

Effective Date:

January 3, 2022

To define the terms used throughout the policies and procedures, and to ensure consistent understanding and use of those terms.

Policy

As used in these policies and procedures, unless the context requires otherwise:

Abuse or abused child is defined in the Delaware Code, Title 10, §901(1), and means that a person:

A. Causes or inflicts sexual abuse on a child; or

B. Has care, custody or control of a child, and causes or inflicts:

1. Physical injury through unjustified force as defined in §468 of Title 11;

2. Emotional abuse;

3. Torture;

4. Exploitation; or

5. Maltreatment or mistreatment.

Access to records means the right of a parent to have the opportunity to inspect, review, and obtain copies of records related to evaluation, assessment, eligibility determination, development, and implementation of an Individualized Family Service Plan, individual complaints pertaining to the child, and any other relevant information regarding his or her child and family, unless restricted under authority of applicable state law governing such matters as guardianship, separation, adoption, or divorce.

Adaptive development means the development of self-help skills such as feeding and dressing.

At-risk infant or toddler means a child, birth through two years of age, who would be at risk of experiencing a developmental delay if early intervention services were not provided to the child.

Atypical development means development or behaviors that fall outside the expected range of development in one or more of the five domains referenced in Section 14:

Multidisciplinary Evaluation and Assessment of these policies and procedures and emerge in a way that is different from same age peers. They are not attributable to culture or personality and are different in quality, form, and function. Atypical development can be determined through informed clinical opinion of delay, even when evaluation tools do not establish eligibility.

Birth to Three Early Intervention Regional Programs (Regional Programs) refers to the two units within the Birth to Three Early Intervention Program in the Department of Health and Social Services (DHSS) that have the operational responsibility for the early intervention programs that carry out Part C in Delaware. These responsibilities are set forth in Section 12 of these policies and procedures and include:

A. Identification of Part C eligible children and their families;

B. Service coordination for Part C eligible families;

C. Evaluation for eligibility, assessment of the child, and family-directed assessment;

D. Developing and maintaining the Individualized Family Service Plan;

E. Arranging for the delivery of early intervention services; and

F. Preparing for and carry out early childhood transition activities.

Child Abuse Prevention and Treatment Act (CAPTA) means the CAPTA state grant program that provides states with flexible funds to improve their child protective service systems. Reauthorized by the Keeping Children and Families Safe Act of 2003, the program requires states to provide assurances in their five-year child and family services plan that the state is operating a statewide child abuse and neglect program. This program includes policies and procedures that address the needs of drug-exposed infants and provisions for referral of children under age three who are involved in a substantiated case of abuse and/or neglect to early intervention services under IDEA Part C.

Child Find means the activities under Part C of IDEA that ensure that infants and toddlers in the state who are eligible for services are identified, located, and evaluated.

Children experiencing homelessness means children who lack a fixed, regular, and adequate nighttime residence to include, but not be limited to:

A. Children who are sharing housing with other persons due to loss of housing, economic hardship, or a similar reason;

B. Living in motels, hotels, trailer parks, camping grounds, cars, parks, public spaces, abandoned buildings;

C. Substandard housing, such as emergency or transitional shelters or similar settings;

D. Abandoned in hospitals; or

E. Awaiting foster care placement.

Closed-loop referral process means the best practice to correspond to the primary referral source to acknowledge the receipt of referral of an infant and toddler to early intervention services.

Coaching means a relationship-based strategy used by appropriately trained personnel with a family member, other caregiver, or another provider to support what is already working to help a child develop and to increase their knowledge and use of new ideas to achieve child or family outcomes.

Cognitive development means a child’s mental processes of perception, memory, judgment, and reasoning, such as cause and effect, object permanence, or engaging in symbolic play.

Communication development means acquisition of communication skills, during pre-verbal or verbal phases of development; receptive and expressive language, including spoken and sign language means of expression; the use of augmentative communication devices; and speech production and perception. It also includes oral-motor development, specifically those neuromuscular and structural conditions affecting pre-speech oral-motor development, speech and sound productions, and feeding and swallowing processes. The term, when related to hearing, includes development of auditory awareness, auditory, visual, and kinesthetic skills, as well as auditory processing for speech or language development.

Complaint procedures means the Birth to Three Early Intervention Program’s procedures, as set forth in Section 21: Dispute Resolution of these policies and procedures, for receiving and resolving a complaint that the Birth to Three Early Intervention Program, a Regional Program, or an early intervention service provider has violated a requirement of Part C or of state early intervention policy. A complaint may be filed by a parent or another individual, or an organization.

Confidentiality means the protection of information that may identify a client to ensure privacy.

Co-payment means a specified dollar amount that an insured person must pay for covered health care services.

Criteria means standards on which a judgment or decision may be based.

Day means calendar day unless otherwise indicated.

Deductible means the amount that must be paid out-of-pocket before a health insurance company pays its share.

Destruction means the destruction of a child’s physical and/or electronic early intervention record or ensuring that personally identifiable information is removed from a child’s record so that the record is no longer personally identifiable.

Development refers to the progress and orderly changes in a child’s physical, cognitive, communication, social or emotional, and adaptive abilities that result in the organization of complex systems of competencies and increases with maturity, growth, and experience and interaction with the environment.

Developmental delay in Delaware’s Birth to Three Early Intervention Program is defined in Section 13: Eligibility (C) of these policies and procedures.

Due process hearing means the formal procedure carried out by an impartial hearing officer used to resolve a dispute involving an individual child or parent related to the proposal or refusal to initiate or change identification, evaluation, placement, and provision of early intervention services within 30 days of receipt of the request for a due process hearing. Delaware has adopted the Part C due process hearing procedures consistent with Part C of IDEA, §§303.435-438.

Duration means the specific and measurable period of time that a service is provided, specified by the actual service start and actual service end dates.

Early Head Start means a program funded under the Head Start Act, pursuant to 42 USC 9801, and carried out by a local agency or grantee that provides ongoing comprehensive child development services for pregnant women, infants, toddlers, and their families.

Early intervention service providers mean the local offices of the contracted providers who deliver early intervention services.

Early intervention record means the early intervention record that is directly related to a child referred to the Delaware Birth to Three Early Intervention Program and/or enrolled in early intervention services. The record is maintained by the early intervention program and/or its contractors for the purpose of evaluating and assessing a child referred to the program and for the delivery of services.

Early intervention service provider means an entity (public, private, or nonprofit) or individual that provides early intervention services under the Birth to Three Early Intervention Program.

EDFacts is a U.S. Department of Education initiative to govern, acquire, validate, and use high-quality performance data for education planning, policymaking, and management and budget decision-making to improve outcomes for infants and toddlers receiving early intervention services and school-age children and youth.

Educational Surrogate Parent means an individual appointed by the Birth to Three Early

Intervention Program to act in the place of a parent in safeguarding an infant’s or toddler’s rights in the decision-making process regarding the multidisciplinary evaluation, determination of eligibility, multidisciplinary assessment of the child, the family-directed assessment, development of the IFSP, delivery of early intervention services, and transition planning in accordance with Section 20: Procedural Safeguards (L) of these policies and procedures.

Established condition for an infant or toddler means a diagnosed physical or mental condition that has a high probability of resulting in significant delays in development and is included in the Established Conditions list posted on the state website, which includes examples but is not an exhaustive list of such conditions.

Everyday routines, activities, and places means routines that are customarily a part of families’ typical days including, but not limited to, mealtime, bath time, shopping, play time, and outdoor play. These include those activities a family does with the infant or toddler on a regular basis and places where the family participates on a regular basis, such as but not limited to home, place of worship, grocery store, and childcare.

Evidence-based practices mean practices that integrate research that has demonstrated efficacy and with consideration of the situation, goals, and values of the child, family, and professionals.

Evidence-informed strategies mean methods that use nationally recognized recommended practices to inform the effective delivery of early intervention services.

Family-directed assessment means a process using a Birth to Three Early Intervention

Program-approved family assessment tool and interview with family members of an eligible child prior to the development of an initial Individualized Family Service Plan, in accordance with Section 14: Multidisciplinary Evaluation and Assessment (A)(4) of these policies and procedures. The purpose of the family-directed assessment is, with those family members who elect to participate in the assessment, to identify the family’s resources, priorities, and concerns, and supports necessary to enhance the family’s capacity to meet the developmental needs of the child.

Family Educational Rights and Privacy Act (FERPA) means the federal law that protects the privacy of students’ “education records” under 20 USC, §1232g; 34 CFR Part 99.

FERPA requirements apply to educational agencies and institutions that receive funds under any program administered by the U.S. Department of Education. It protects the privacy of early intervention records, including access to, and disclosure of, personally identifiable information, and a parent’s right to review, copy, and/or request amendments of their child’s record.

Family Service Coordinator is the term Delaware uses as the name for the early intervention staff who delivers service coordination as defined in 34 CFR §303.34, in this policy, and in Section 12: Service Coordination of these policies and procedures.

Frequency means the number of days or sessions an early intervention service is provided, such as physical therapy provided two sessions per month or one time per week.

Guardian means a person appointed by the court or named in a will and charged with limited, temporary, or full guardian power and duties, pursuant to Delaware’s Code, Title 12, Chapter 39, §3982(2).

Health Insurance Portability and Accountability Act (HIPAA) means the privacy rule that establishes national standards and requirements for electronic health care transactions and protects the privacy and security of individually identifiable health information.

Individualized Family Service Plan (IFSP) means a written plan for providing early intervention services to eligible children and their families that is:

A. Based on the evaluation and assessment;

B. Implemented with the informed written parental consent for any new service, update, refusal, or removal of a service or goal;

C. Developed in accordance with IDEA, Part C, and its implementing regulations at 34

CFR:

1. §303.342 — Procedures for IFSP development, review, and evaluation;

2. §303.343 — IFSP Team meeting and periodic review; and

3. §303.344 — Content of the IFSP.

D. Includes early intervention services that are implemented as soon as possible, but no later than 30 days from the date informed written parental consent is obtained for each of the early intervention services in the IFSP.

Individuals with Disabilities Education Act (IDEA) is the federal statute (Public Law 108-

446) that governs states’ provision of early intervention and special education services to children with developmental delays or disabilities, ages birth through twenty-one. IDEA has four “parts.” Part C of IDEA specifically defines requirements for early intervention services.

Infant or toddler with a disability means a child, birth through two years of age, who, in accordance with the criteria described in Section 13: Eligibility of these policies and procedures, needs early intervention because s/he is:

A. Diagnosed with a physical or mental condition that has a high probability of resulting in a developmental delay, in Delaware referred to as “established condition;” or

B. Experiencing a developmental delay in one or more of the following areas:

1. Cognitive development;

2. Physical development, including vision and hearing;

3. Communication development;

4. Social-emotional development; or

5. Adaptive development.

Informed clinical opinion means the knowledgeable judgement of the evaluation team who use professional expertise and experience to determine the presence of a significant delay in one or more of the five domains of development referenced in Sections 13:

Eligibility for Delaware’s Birth to Three Early Intervention Program and 14: Multidisciplinary Evaluation and Assessment of these policies and procedures. Informed opinion of delay may be used as an independent basis to establish a child’s eligibility and may be especially useful in situations where a clear developmental level cannot be gained through the typical evaluation process. Informed clinical opinion may not be used to negate the results of evaluation instruments used to establish eligibility.

Informed written parental consent, in accordance with Section 20: Procedural

Safeguards (J), means that the parent has been fully informed, in the parent’s native language, of all information relevant to the activity for which consent is sought, and the consent form describes that activity and lists the early intervention records (if any) that will be released and to whom they will be released. Informed written parental consent also means that the parent understands and agrees in writing to the carrying out of the activity.

Parental consent is voluntary and may be revoked in writing at any time. If parental consent is revoked by a parent, the revocation is effective on that day and does not apply to any actions that occurred before consent was revoked.

Initial assessment means the assessment of the child and the family-directed assessment conducted before a child’s first IFSP meeting, in accordance with Section 14:

Multidisciplinary Evaluation and Assessment of these policies and procedures.

Intensity means whether an early intervention service is provided on an individual or group basis.

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Interagency Coordinating Council (ICC) is the Governor-appointed council required under Part C of IDEA that is charged with advising and assisting the lead agency (i.e., the Department of Health and Social Services (DHSS)).

Lead agency means the DHSS as the agency designated by the Governor that receives funds and administers the state’s responsibilities under Part C of IDEA.

Length means the length of time that a service is provided during each session, such as physical therapy for 60 minutes per session.

Local Education Agency (LEA) means the public education authority legally constituted within the state to perform the functions of public education in a city, county, township, school district, or other administration agency for its public elementary schools or secondary schools.

Maintenance of Effort (MOE), also referred to as “non-supplant,” means that the total amount of public state and local funds budgeted for expenditures in a current fiscal year for early intervention services shall at least be equal to the total amount of public state and local funds actually expended for early intervention services in the most recent preceding fiscal year for which information is available.

Mediation means voluntary procedures used by any party to resolve a complaint or dispute about the early intervention system, including matters arising prior to the filing of a due process complaint, as defined in Section 21: Dispute Resolution of these policies and procedures.

Method means how an early intervention service is provided that is appropriate for the individual child and family.

Multidisciplinary assessment means the procedures used, following the evaluation and/or the determination that the child is eligible for early intervention services, by qualified personnel before the child’s first IFSP meeting and continuously throughout the child’s period of eligibility for early intervention services, to identify:

A. The unique strengths and needs of the child and the early intervention services appropriate to meet those needs; and

B. The early intervention services appropriate to meet those needs throughout the period of the child's eligibility for early intervention; and

The multidisciplinary assessment includes the assessment of the child and the family-directed assessment, consistent with Section 14: Multidisciplinary Evaluation and Assessment (A) and (D)-(F) of these policies and procedures.

Multidisciplinary assessment team means a group that is made up of two or more qualified personnel who have different training and experience and who conduct the assessment, as defined in this policy, of a Part C eligible infant or toddler.

Multidisciplinary evaluation for early intervention services means the comprehensive, multidisciplinary procedures used by appropriate qualified personnel to determine an infant’s or toddler’s initial and continuing eligibility for participation in early intervention services, in accordance with Section 14: Multidisciplinary Evaluation and Assessment (A)-

(C) of these policies and procedures. The multidisciplinary evaluation must include:

A. Administration of an evaluation instrument;

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B. Taking the child’s history, including information from the parent;

C. Identifying the child’s level of functioning in each of the five developmental areas;

D. Gathering information from other sources; and

E. A review of pertinent medical, educational, or other records.

Multidisciplinary evaluation team means a group that is made up of two or more qualified personnel who have different training and experience and who conduct the evaluation, as defined in this policy, to determine the Part C eligibility of an infant or toddler.

Native language, when used with respect to an individual who has limited English proficiency, means:

A. The language normally used by that individual or, in the case of a child, the language normally used by the parents of the child, except as provided below in “B;” and

B. For evaluations and assessments conducted pursuant to Section 14:

Multidisciplinary Evaluation and Assessment of these policies and procedures, the language normally used by the child, if determined developmentally appropriate for the child by qualified personnel conducting the evaluation and assessment.

Native language, when used with respect to an individual who is deaf or hard of hearing, blind, or visually impaired, or for an individual with no written language, means the mode of communication that is normally used by the individual, such as sign language, Braille, or oral communication.

Natural environments mean settings that are natural or typical for a same-aged infant or toddler without a disability and may include the home or community settings, in accordance with Section 15: Individualized Family Service Plan (B)(9)(h) and (i) of these policies and procedures.

Neglect or neglected child is defined in Delaware Code, Title 10, §901(18), and means a child who is in the care of a person who:

A. Is responsible for the care, custody, and/or control of the child; and

B. Has the ability and financial means to provide for the care of the child; and

1. Fails to provide necessary care with regards to food, clothing, shelter, education, health, medical, or other care necessary for the child’s emotional, physical, or mental health, or safety and general well-being; or

2. Chronically and severely abuses alcohol or a controlled substance, is not active in treatment for such abuse, and the abuse threatens the child’s ability to receive care necessary for that child’s safety and general well-being; or

3. Fails to provide necessary supervision appropriate for a child when the child is unable to care for that child’s own basic needs or safety after considering such factors as the child’s age, mental ability, physical condition, the length of the caretaker’s absence, and the context of the child’s environment.

Parent, within early intervention services, A. Means:

1. The biological or adoptive parent of a child; or

2. A guardian in a parental relation to the child authorized to act as the child’s parent or authorized to make early intervention, educational, health, or developmental decisions, but not the State if the child is under the jurisdiction of a court; or

3. An individual acting in the place of a biological or adoptive parent who is an adult relative caregiver who by blood, marriage, or adoption, is the great grandparent, grandparent, step grandparent, great aunt, aunt, great uncle, uncle, step parent, brother, sister, step brother, step sister, half-brother, half-sister, niece, nephew, first cousin, or first cousin once removed of a minor and with whom the minor resides, but who is not the legal custodian or guardian of the minor, in accordance with Delaware Code Title 13, §707(a)(3), or an individual who is legally responsible for the child’s welfare; or

4. An educational surrogate parent who has been appointed in accordance with 34 CFR §303.422 and Section 20: Procedural Safeguards (L) of these policies and procedures, including a foster parent who has been appointed as an educational surrogate parent.

B. Except as provided in (C) of this definition, the biological or adoptive parent, when attempting to act as the parent under Part C/early intervention and when more than one party is qualified under (A) of this definition to act as a parent, must be presumed to be the parent for purposes unless the biological or adoptive parent does not have legal authority to make early intervention service decisions for the child.

C. If a judicial decree or order identifies a specific person or persons under (A) of this definition to act as the “parent” of a child or to make early intervention service decisions on behalf of a child, then the person or persons must be determined to be the “parent” for purposes of Part C/early intervention.

D. Under no circumstances may an early intervention service provider or an employee of a public agency that provides any services to a child or any family member of that child act as the “parent” or educational surrogate parent for that child for the purposes of making Part C/early intervention service decisions, including providing consent for evaluation for early intervention services, on behalf of the child. A foster parent is not considered an employee of an agency solely because he or she is paid by the agency to provide foster care for the child.

Part C means the part of IDEA of 2004 that addresses infants and toddlers, birth through two years of age, with developmental delays or disabilities, or physical or mental conditions with a high probability of resulting in significant delays in development, in accordance with 34 CFR §303, et seq.

Participating agency means, as used in early intervention services, any individual, agency, program or entity that collects, maintains, or uses personally identifiable information to implement the requirements and regulations of Part C of IDEA with respect to a particular child.

A. This includes:

1. The DHSS, Birth to Three Early Intervention Program – Administration and

Birth to Three Early Intervention Regional Program (operations);

2. The DHSS, Division of Medicaid and Medical Assistance;

https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=af030cf9a15f7dab444483e77c7a533f&term_occur=999&term_src=Title%3A34%3ASubtitle%3AB%3AChapter%3AIII%3APart%3A303%3ASubpart%3AA%3ASubjgrp%3A102%3A303.27 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=d1a3238de485407b34a43edbcf809e66&term_occur=999&term_src=Title%3A34%3ASubtitle%3AB%3AChapter%3AIII%3APart%3A303%3ASubpart%3AA%3ASubjgrp%3A102%3A303.27 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=af030cf9a15f7dab444483e77c7a533f&term_occur=999&term_src=Title%3A34%3ASubtitle%3AB%3AChapter%3AIII%3APart%3A303%3ASubpart%3AA%3ASubjgrp%3A102%3A303.27 https://www.law.cornell.edu/cfr/text/34/303.27#a https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=d1a3238de485407b34a43edbcf809e66&term_occur=999&term_src=Title%3A34%3ASubtitle%3AB%3AChapter%3AIII%3APart%3A303%3ASubpart%3AA%3ASubjgrp%3A102%3A303.27 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=af030cf9a15f7dab444483e77c7a533f&term_occur=999&term_src=Title%3A34%3ASubtitle%3AB%3AChapter%3AIII%3APart%3A303%3ASubpart%3AA%3ASubjgrp%3A102%3A303.27 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=af030cf9a15f7dab444483e77c7a533f&term_occur=999&term_src=Title%3A34%3ASubtitle%3AB%3AChapter%3AIII%3APart%3A303%3ASubpart%3AA%3ASubjgrp%3A102%3A303.27 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=af030cf9a15f7dab444483e77c7a533f&term_occur=999&term_src=Title%3A34%3ASubtitle%3AB%3AChapter%3AIII%3APart%3A303%3ASubpart%3AA%3ASubjgrp%3A102%3A303.27 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=8e2e3a85ecc12e1b1dcb019a9c0ca35f&term_occur=999&term_src=Title%3A34%3ASubtitle%3AB%3AChapter%3AIII%3APart%3A303%3ASubpart%3AA%3ASubjgrp%3A102%3A303.27 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=d1a3238de485407b34a43edbcf809e66&term_occur=999&term_src=Title%3A34%3ASubtitle%3AB%3AChapter%3AIII%3APart%3A303%3ASubpart%3AA%3ASubjgrp%3A102%3A303.27 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=8e2e3a85ecc12e1b1dcb019a9c0ca35f&term_occur=999&term_src=Title%3A34%3ASubtitle%3AB%3AChapter%3AIII%3APart%3A303%3ASubpart%3AA%3ASubjgrp%3A102%3A303.27 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=8e2e3a85ecc12e1b1dcb019a9c0ca35f&term_occur=999&term_src=Title%3A34%3ASubtitle%3AB%3AChapter%3AIII%3APart%3A303%3ASubpart%3AA%3ASubjgrp%3A102%3A303.27

3. The Department of Education, Office of Early Learning; and

4. Any individual or entity that provides any Part C services, including service coordination, evaluations, and assessments, and other Part C services.

B. This does not include:

1. Primary referral sources; or

2. Public agencies, such as private entities or private health insurance carriers that act solely as funding sources for early intervention services.

Personally identifiable information, as used in early intervention services means, but is not limited to:

A. The infant’s or toddler’s name or that of the parent or other family member;

B. The address of the infant or toddler or their family;

C. A personal identifier, such as a Social Security number or other biometric record;

D. Other indirect identifiers, such as the child’s date of birth, place of birth, or mother’s maiden name;

E. A list of personal characteristics or other information that would make it possible to identify the child with reasonable certainty;

F. Other information that, alone or in combination, is linked or linkable to a specific child that would allow a reasonable person in the early intervention community, who does not have personal knowledge of the relevant circumstances, to identify the child with reasonable certainty; or

G. Information requested by a person who the early intervention agency or institution reasonably believes knows the identity of the child to whom the early intervention record relates.

Physical development means a child’s vision, hearing, gross and fine motor development, quality of movement, and health status.

Potentially eligible for Part B preschool special education means that for any child whose eligibility for Part C early intervention services has been determined, is over 26 months old and has an active IFSP, he or she shall be referred to the state education agency and local education agency in which the toddler resides to inform the receiving agency that the toddler, on his or her third birthday, will reach the age of eligibility for services under Part B of the Act, as determined in accordance with Section 19: Transition of these policies and procedures.

Prior written notice for early intervention services means written notice, in accordance with Section 20: Procedural Safeguards (K) that is given to parents a reasonable time before a proposal or refusal to initiate or change the identification, evaluation, placement of the infant or toddler, or the provision of appropriate early intervention services to the child and family.

Qualified personnel means personnel who have met the state approved or recognized certification, licensing, registration, or other comparable requirements that apply to the areas in which the individuals are conducting evaluations, assessments, or early https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=cbca4f2f9894093edf7875bbb32eb10f&term_occur=999&term_src=Title%3A34%3ASubtitle%3AA%3APart%3A99%3ASubpart%3AA%3A99.3 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=cbca4f2f9894093edf7875bbb32eb10f&term_occur=999&term_src=Title%3A34%3ASubtitle%3AA%3APart%3A99%3ASubpart%3AA%3A99.3 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=5b65f2df6a11e7fb7880c380c1c1f3e9&term_occur=999&term_src=Title%3A34%3ASubtitle%3AA%3APart%3A99%3ASubpart%3AA%3A99.3 intervention services in accordance with Section 17: Comprehensive System of Personnel Development and Personnel Standards of these policies and procedures.

Referral for early intervention services means a verbal or written notification from a referral source to the Birth to Three Early Intervention Regional Program for the county in which a child lives for the provision of information regarding an infant or toddler, birth through two years of age, for evaluation and assessment, in order to identify those who are in need of early intervention services, in accordance with Section 11: Referral of these policies and procedures.

Service coordination means the activities carried out by a family service coordinator to assist and enable a child and their family to determine eligibility for Delaware’s Birth to Three Early Intervention Program, and to receive the rights, procedural safeguards, and services that are authorized to be provided in accordance with Section 12: Service Coordination of these policies and procedures.

Social or emotional development means a child’s ability to form secure relationships with others, experience and handle their own feelings, regulate their emotions, and get along with children and adults.

Statewide data system is the data collection system used to capture the electronic record data for a child referred to the Birth to Three Early Intervention Program. If eligible, information about their eligibility, multidisciplinary evaluation and assessment, early intervention services, transition, and other required data, is also captured.

Telehealth, also known as teleintervention, means a method of service provision that utilizes secure interactive videoconferencing to deliver early intervention services.

Ward of the State means any dependent, neglected, or abused child in the custody of the Department of Services for Children, Youth, and their Families.

Section 2: GENERAL SUPERVISION REQUIREMENTS

2. General Supervision Requirements

Authority:

Federal: 20 USC §1401, §1419, §§1431-1441, §1476, et seq.; GEPA §427; 34 CFR Part §303, et seq.

State: Delaware Code Title 16, Chapter 2, Subchapter II, §210 and §214

Office:

Department of Health and Social Services, Birth to Three Early Intervention Program

Last Review Date:

July 1, 2023

OSEP Approval Date:

August 17, 2021

January 3, 2021

To define the responsibilities of the Birth to Three Early Intervention Program within the

Department of Health and Social Services (DHSS), the lead agency under Part C of IDEA, and the governance structure that the Division of Public Health, Birth to Three Early Intervention Program implements to provide a system of statewide early intervention services.

Policy

A. It is the policy of the State of Delaware to provide services for an infant or toddler, birth through two years of age, with a disability and his or her family through a statewide, comprehensive, coordinated, multidisciplinary, interagency system of early intervention services. The DHSS, designated as the lead agency by the State’s Governor and Delaware Code Title 16, Chapter 2, Subchapter II, §210, et seq., receives the federal Part C funds to administer the State’s responsibilities of the federal Part C statute and regulations.

B. The Secretary of the DHSS designates the Division of Public Health, Birth to Three Early Intervention Program to carry out the functions and activities of administering Delaware’s statewide system for Part C of IDEA.

C. The Director of Community Health Services, within DHSS’s Division of Public Health, has overall single line of authority over all components of the Birth to Three Early Intervention Program, and overall responsibility for ensuring DHSS’ compliance with all requirements of Part C of the IDEA and state early intervention policies and procedures.

All the components of the Birth to Three Early Intervention Program are under the supervision of the Director of Community Health, including:

1. Birth to Three Administration;

2. The Regional Program – Kent and Sussex Counties; and

3. The Regional Program – New Castle County.

Part of the Director of Community Health Services’ overall responsibility and authority is to require that the Regional Programs comply with early intervention policies and procedures developed by Birth to Three – Administration and correct any findings of noncompliance identified by Birth to Three – Administration.

D. The Birth to Three Early Intervention Program shall provide services consistent with the following requirements:

1. The Delaware Code, Title 16, Chapter 2, Subchapter II.

2. The United States Code (USC), Title 20, Parts 1232, as amended January 2, 2013, 1401, 1419, 1431-1441 (the federal Individuals with Disabilities Education Act (IDEA) of 2004), USC Title 42, Part 1320, as amended (the Public Health Service Act), and Title 42, Part 9801 (the Head Start Act), and Title 42, Part 11431, as amended (McKinney-Vento Homeless Assistance Act) published by Office of the Law Revision Counsel of the U.S. House of Representatives, which are incorporated by reference; no later amendments or editions are included.

These documents are for sale by the Superintendent of Documents, U.S Government Printing Office, Washington, D.C., 20402 and can be found at www.gpo.gov. The documents may also be examined at any state publications depository library and at the Birth to Three Early Intervention Program’s Office.

3. The Code of Federal Regulations (CFR), Title 34, Part 303 published by the

Office of the Federal Register, National Archives and Records Administration, which is incorporated by reference; no later amendments or editions are included.

The document is for sale by the Superintendent of Documents, U.S Government Printing Office, Washington, D.C., 20402 and can be found on the Government Printing Office website at www.gpo.gov. The document may also be examined at any state publications depository library and at the Birth to Three Early Intervention Program’s Office.

4. The General Education Provisions Act (GEPA), §427 of the Improving America's

Schools Act of 1994 that applies to applicants for new grant awards under the federal Department of Education which is incorporated by reference; no later amendments or editions are included. The document is for sale by the Superintendent of Documents, U.S Government Printing Office, Washington, D.C., 20402, and can be found on the Government Printing Office website at www.gpo.gov. The document may also be examined at any state publications depository library and at the Birth to Three Early Intervention Program’s Office.

E. The Birth to Three Early Intervention Program is responsible for the general administration and supervision of programs and activities administered by agencies, institutions, organizations, and early intervention service providers receiving assistance under Part C of IDEA. These responsibilities include:

1. The monitoring of programs and activities to carry out Part C of IDEA (whether or not the programs or activities are administered by agencies, institutions, organizations, and early intervention service providers that are receiving http://www.gpo.gov/ http://www.gpo.gov/ http://www.gpo.gov/ assistance under Part C of the Act), to ensure that the State complies with Part C of IDEA, including:

a. Monitoring agencies, institutions, organizations, and early intervention service providers to carry out activities included in Part C of IDEA;

b. Enforcing any obligations imposed on those agencies, institutions, organizations, and early intervention service providers under Part C of

IDEA;

c. Providing technical assistance, if necessary, to those agencies, institutions, organizations, and early intervention service providers;

d. Correcting any noncompliance identified through monitoring as soon as possible and in no case later than one year after the lead agency’s identification of the noncompliance; and

e. Conducting the above activities, consistent with federal and state monitoring and enforcement, as outlined in 34 CFR §303.700, et seq., and any other activities required under those sections.

2. The identification and coordination of all available resources for early intervention services within the State, including those from federal, state, local, and private sources;

3. The assignment of financial responsibility and fiscal management;

4. The development of procedures to ensure that early intervention services are provided to infants and toddlers with disabilities and their families under Part C of IDEA in a timely manner, pending the resolution of any disputes among public agencies or early intervention service providers;

5. The entry into formal interagency agreements or other written methods of establishing financial responsibility that define the financial responsibility of each agency for paying for early intervention services (consistent with State law) and procedures to resolve disputes, and procedures to ensure timely provision of early intervention services pending resolution of disputes among public agencies or service providers; and

6. The implementation of eligibility requirements of Part C of IDEA.

F. The Birth to Three Early Intervention Program has the operational responsibility for implementing the early intervention services to infants and toddlers, and their families, with developmental delays or disabilities in Delaware.

G. In accordance with these policies and procedures, the Birth to Three Early Intervention Program’s responsibilities include oversight of the Birth to Three Early Intervention Regional Programs and their contractors for the following, in accordance with these policies:

1. Identification of, potentially, Part C eligible children and their families;

2. Referral and intake;

3. Service coordination services for Part C eligible children and their families;

4. Provision of procedural safeguards;

5. Evaluation for eligibility, if eligible, the child assessment and family assessment;

6. If eligible, development and implementation of the Individualized Family Service

Plan (IFSP);

7. Provision of and/or referral for early intervention services;

8. Transition planning and related activities;

9. Engagement in informal and formal dispute resolution;

10. Data and fiscal…