RULE 12 CCR 2509-10
7.920 CHILD IDENTIFICATION
The Early Intervention Program shall have a comprehensive Child Find system, pursuant to 34 C.F.R. Section 303.302, which is incorporated by reference as defined in Section 7.900, A, 5, that focuses on the early identification of infants and toddlers who have developmental delays or disabilities, including a system for making referrals so that timely and rigorous identification in accordance with Section 7.920, B - F, shall occur.
A. Pre-Referral Public Awareness
1. A Community Centered Board shall work with special education Administrative Units, the Local Interagency Coordinating Council, and, other community members, as necessary in order to develop a coordinated program of public awareness that identifies infants and toddlers with disabilities who are eligible for early intervention services.
2. A Community Centered Board shall ensure that it has an Internet link on its website to the Early Intervention Colorado website at www.eicolorado.org and that families are informed of the website and the statewide toll free number 1-888-777-4041.
3. A Community Centered Board shall ensure that information on the Early Intervention Colorado Program is available via an Internet website, and in a written format, upon request of a family.
4. A Community Centered Board shall ensure that printed materials from the Department and other products are made available to families and the general public, as well as through state and local interagency efforts for outreach to primary referral sources, including hospitals, physicians, other health providers, child care providers and other public and non-profit agencies.
1. A Community Centered Board shall work collaboratively with community partners and primary referral sources to develop effective procedures for referral of children, birth through two (2) years of age, to the Early Intervention Program, in order to identify infants and toddlers who are in need of early intervention services.
2. Referral of a child, birth through two (2) years of age, means a verbal or written notification from a referral source to the Community Centered Board or Administrative Unit about a child who:
a. Is known to have or suspected of having a developmental delay; or,
b. Has an established condition, as defined in Section 7.920, H; or,
c. Lives with a parent with a developmental disability; or,
d. Has been identified as the subject of a substantiated case of child abuse or neglect; or,
e. Is identified as directly affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure.
C. Post-Referral Process
1. A Community Centered Board shall accept a referral from community sources, including, but not limited to, a family, health provider, child care provider, Administrative Unit, county department of social/human services, county department of health, and others.
2. A Community Centered Board shall use the state referral form and procedures as defined by the Department, and shall facilitate, to the extent possible, the use of the early intervention referral form by other referral sources in its designated service area.
3. A Community Centered Board shall assign a service coordinator within three (3) working days from the date of a referral.
4. The family shall be contacted as soon as possible after being assigned a service coordinator, but no longer than seven (7) calendar days from the date of the referral, to provide the service coordinator's contact information and inform the family of their procedural safeguards.
5. A Community Centered Board shall notify the appropriate Administrative Unit within three (3) working days of a child being referred for early intervention services for whom a Child Find evaluation needs to be conducted.
6. Community Centered Board shall:
a. Notify the referral source of the receipt of the referral using the state referral form; and,
b. Provide the contact information for the assigned service coordinator; and,
c. With written parent consent, notify the referral source and the child's primary health provider of the results of the evaluation and/or assessment using the state referral form.
7. Referral information sent to an Administrative Unit by a Community Centered Board shall contain at least the following:
a. The first, middle, and last name of the child; and,
b. Date of birth of the child; and,
c. Gender of the child; and,
d. Parent name, address, and telephone number; and,
e. Primary language spoken; and,
f. Name and telephone number of an assigned service coordinator; and,
g. Date of the referral.
D. Post-Referral Screening
1. A Community Centered Board shall work with the Administrative Unit(s) to identify in the interagency agreement if the Child Find process will include post-referral screening.
2. If post-referral screening is used, the Community Centered Board shall assure the following requirements are met:
a. A parent shall receive prior written notice of and provide consent to the post-referral screening, and be informed of the right to request evaluation in place of or in addition to post-referral screening; and,
b. Appropriate instruments shall be used by personnel trained to administer those instruments; and,
c. Written screening results are provided to a parent; and,
d. A parent shall receive prior written notice of the action that is being proposed or refused as a result of the post-referral screening, and the reasons for taking the action.
e. If the results of a post-referral screening reveal that the child is developing at age expected levels in all developmental domains the parent may request and is entitled to a timely, comprehensive, multidisciplinary evaluation under part c of the individuals with disabilities education act.
E. Eligibility Criterion
An infant or toddler, birth through two (2) years of age, shall be eligible for early intervention services if he or she has a developmental delay as defined in Section 7.901, an established diagnosed physical or mental condition as defined in Section 7.901, or lives with a parent who has a developmental disability as defined in Section 7.920, I.
F. Eligibility Determination for Developmental Delay
1. Eligibility shall be based on a developmental delay as defined in Section 7.901.
2. Results derived solely from a single procedure shall not be used to determine eligibility or ineligibility.
3. The following shall be documented in an Individualized Family Service Plan:
b. Evaluation instrument(s), child assessment tool(s) and methods and procedures used to conduct the evaluation and assessment; and,
c. The measurable results of the multidisciplinary evaluation and/or assessment in each of the developmental domains; and,
d. Eligibility or ineligibility determination; and,
e. Name and signature of the Community Centered Board representative who verifies that the evaluation and assessment team gathered and provided diagnostic information to establish eligibility or ineligibility; and,
f. Signature of a parent acknowledging that he or she has been informed of his or her child's eligibility determination.
4. If a child is determined ineligible for early intervention services, the family shall be provided prior written notice to inform them of:
a. The right to dispute resolution procedures as defined in Section 7.990; and,
b. Other community resources that may assist his or her child.
G. Eligibility Determination Based on an Established Condition
1. There shall be supporting documentation from a qualified health professional maintained in the child's record for a diagnosed physical or mental condition.
2. The diagnosis or condition shall be included in the Established Conditions Database.
3. There shall be documentation in the Individualized Family Service Plan regarding the name of the diagnosed condition on which eligibility is based.
4 A child with an established condition does not have to be exhibiting delays in development at the time of diagnosis to be eligible for early intervention services.
H. An infant or toddler who lives with a parent who has been determined by a Community Centered Board to have a developmental disability is eligible to receive early intervention services using any funding source other than the federal Part C funds. Such services may include, but are not limited to, developmental intervention for parent education and monitoring child development.
I. Evaluation to determine eligibility based on a developmental delay
1. A Community Centered Board shall work with Administrative Units, the Local Interagency Coordinating Council, and other community members, as necessary, to develop a local child identification process to ensure that:
a. Evaluation procedures, as identified in Section 7.920, are adhered to; and,
b. For each child, where parental consent for evaluation has been given, an evaluation is conducted by a multidisciplinary evaluation team and, if the child is eligible, a child and family assessment is completed, and an initial Individualized Family Service Plan meeting is convened within forty-five (45) calendar days of the date of the referral.
2. Written notice shall be provided to the parent prior to the scheduling of an evaluation and a copy of the notice shall be maintained in the child's record.
3. Written parental consent shall be obtained prior to any evaluation being conducted and a copy of the consent shall be maintained in the child's record.
4. An evaluation shall include a multidisciplinary process by a team comprised of a minimum of two (2) appropriately licensed/qualified professionals, at least one (1) of whom is qualified in the primary area of developmental concern.
5. Child evaluation shall be conducted in the native language of the child, unless clearly not feasible to do so.
6. An evaluation shall be based on an informed opinion of delay and shall be administered so that it is not racially or culturally discriminatory.
7. Procedures for the evaluation to determine if an infant or toddler has a developmental delay shall include:
a. Administering an evaluation instrument; and,
b. Documenting the child's history, including interviewing the parent; and,
c. Identifying the child's level of functioning in each of the following developmental domains:
1) Adaptive development; and,
2) Cognitive development; and,
3) Communication development; and,
4) Physical development, including vision and hearing; and,
5) Social or emotional development.
d. Gathering information from other sources such as family member, other caregivers, medical providers and other professionals working with the child and family.
If a child is determined to be eligible for early intervention services because of a developmental delay or an established condition, a community centered board shall ensure that the following occurs:
1. Prior to conducting a child assessment, written notice shall be provided to the parent and parental consent for the assessment obtained. A copy of the notice and the consent shall be maintained in the child's record. For a child determined eligible due to a developmental delay, this notice may have been provided at the time of evaluation.
2. A child assessment, conducted by qualified personnel, may include the following:
a. A review of the results of the multidisciplinary evaluation, informed opinion of delay, and medical and other records used to establish eligibility, including the results of hearing and vision screening;
b. Personal observations of the child;
c. The identification of the child's strengths and needs in each developmental area; and,
d. The identification of early intervention services that would meet the child's needs;
e. The child assessment is conducted in the native language of the child, unless clearly not feasible to do so.
3. A family assessment is made available to any parent or other family member of an eligible child.
a. A family assessment is voluntary on the part of each family member participating in the assessment.
b. A family assessment shall be family-directed and designed to determine the resources, priorities and concerns of a parent or other family member related to the enhancement of his or her child's development.
c. Family assessment shall be conducted in the native language of the family member(s) participating in the family assessment, unless clearly not feasible to do so.
d. When completed, the family assessment shall be:
1) Conducted by qualified personnel trained to utilize a Department-approved family assessment tool, that is available on the Early Intervention Colorado website at www.eicolorado.org; and,
2) Based on information provided by the parent or other family member through a personal interview and through a family assessment tool; and,
3) Inclusive of a parent's or other family member's description of his or her resources, priorities and concerns related to enhancing his or her child's development; and,
4) Completed prior to the development of the initial Individualized Family Service Plan.
4. If an Individualized Family Service Plan is developed at the same meeting as the evaluation and assessment, the service coordinator ensures that prior written notice about the development of the Individualized Family Service Plan is provided to the parent.
5. If a second meeting is required, notification of the date, time and location of that meeting needs to be received by the parent far enough in advance of the meeting date so that the parent will be able to attend the meeting. A copy of the notice shall be maintained in the child's record.
PROCEDURES - Child Identification
A. Pre-Referral Public Awareness
1. Information is made available through websites, newspaper articles, public service announcements, conducting public forums, presentations and training activities and distributed statewide to inform the public about:
a. The statewide early intervention system and the availability of early intervention services;
b. Information to inform parents, especially to inform parents with premature infants, or infants with other physical risk factors associated with learning or developmental complications, of the availability of early intervention services; and,
c. The child find system, including:
1) The purpose of the child find system;
2) How to make referrals;
3) How to gain access to a comprehensive, multidisciplinary evaluation and early intervention service; and,
4) Information specific to toddlers with disabilities and the availability of preschool special education services under the Individuals with Disabilities Education Act, Section 619.
2. The Early Intervention Colorado website serves as the Central Directory and contains information about, and provides links to:
a. Public and private local early intervention programs and professionals and other groups across the State who provide assistance to eligible children and their families, including contact information via telephone, fax, letter
b. Websites of service and advocacy agencies;
c. Laws and regulations; and,
d. Links to other websites that provide information on research and demonstration projects being conducted in the State.
3. The Central Directory is updated as needed by the Department and is available to the general public in each geographic region, including rural areas, and accessible to persons with disabilities through the website or direct mail.
4. The information contained within the Central Directory and on each Community Centered Board website shall be reviewed at least annually and updated, if necessary.
B. Community Centered Boards shall develop local procedures to inform primary referral sources of the requirement under 34 C.F.R., Section 303.303, which is incorporated by reference as defined in Section 7.900, A, 5 to refer a child as soon as possible, but in no case more than seven (7) days after the child has been identified with a suspected developmental delay or disability.
C. Post-Referral Process
1. Community Centered Boards, through collaboration with the Administrative Units and Local Interagency Coordinating Councils have responsibility for ensuring the local child identification process is:
a. Family centered;
b. Easily accessible;
c. Ongoing and available throughout the twelve (12) month calendar year;
d. Culturally and linguistically appropriate;
e. A collaborative, interagency effort that coordinates with other related community child identification activities;
f. Staffed by appropriately trained personnel at the post-referral screening level and appropriate, licensed personnel at the evaluation and assessment level;
g. Coordinated so that the completion of evaluation and assessment activities occurs early enough in the process to allow completion of the Individualized Family Service Plan within the forty-five (45) calendar-day timeline from the point of referral; and,
h. Planned to include the involvement of, at a minimum, one (1) representative of the evaluation and assessment team in the continued development of the Individualized Family Service Plan following the eligibility determination.
2. The Community Centered Board shall work collaboratively with the County department of social/human services located within their service area to develop and implement an interagency agreement pursuant to 12 CCR 2509-10, Section 7.910(B)(1)(b) of these policies to ensure the referral, under the Child Abuse Prevention and Treatment Act (CAPTA), as amended by the CAPTA Reauthorization Act of 2010 (P.L. 111-320), for a child who is less than three (3) years of age who is involved in a substantiated case of child abuse or neglect, or is identified as affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure.
3. Parental consent is not required for the referral to early intervention services; however, in order to proceed with a post-referral screening, multidisciplinary evaluation and assessment, and, if the child is determined eligible for early intervention services, a parent must provide written, informed consent.
4. If a Community Centered Board receives a referral for a toddler within forty-five (45) days of the toddler's third birthday, with written parental consent, the referral shall be made directly to the Administrative Unit and the Department of Education for screening and evaluation for services within the Part B preschool special education system and the referral is not entered into the statewide early intervention data system.
D. Post Referral Screening
Post-referral screening is designed to identify infants and toddlers who are in need of more intensive evaluation and assessment in order to determine eligibility for early intervention services. A Community Centered Board shall:
1. Work collaboratively with the Administrative Unit to determine when post referral screening shall be used;
2. Document the screening procedures in the interagency agreement; and,
3. Ensure that all requirements for post-referral screening are adhered to.
E. Evaluation and Assessment
1. A child's medical and other records may be used to establish eligibility without conducting a multidisciplinary evaluation of the child if these records indicate that the child's level of functioning in one or more areas of development constitutes a developmental delay or established condition as defined in Section 7.901.
2. The measurable results of the multidisciplinary evaluation and assessment in all developmental domains shall be documented in the Individualized Family Service Plan to document the eligibility determination in an initial plan and the results of the assessment that support the ongoing need for early intervention services in an annual Individualized Family Service Plan.
3. A multidisciplinary evaluation team may use information provided by a norm-referenced instrument, if it is appropriate, considering a child, the child's development and the limitations of norm-referenced instruments for young children whose development may vary from typical development; however, this information is to be used in conjunction with, not in isolation of, information gathered through other appropriate methods and procedures and cannot be used as the sole source of information in making a decision about the presence of a significant delay in development.
F. Eligibility Criterion
If a referral is received for a child who has a diagnosis that has not yet been reviewed by the panel of experts who maintain the conditions that meet Colorado's rigorous definition of high probability for developmental delay, the Community Centered Board shall submit the name of the diagnosis and other pertinent information to the Department for review.
G. Eligibility Determination for Developmental Delay
1. A multidisciplinary team, including a qualified professional(s) in the primary area(s) of concern uses methods, procedures and conclusions to make a determination regarding a child's levels of functioning in each area of development to inform eligibility determination.
2. The final eligibility determination rests with the Community Centered Board based on information from the multidisciplinary evaluation team or medical documentation.
H. Eligibility Determination Based on an Established Condition
A Community Centered Board shall be responsible for conducting a multidisciplinary assessment, including hearing and vision screening, for an infant or toddler who is eligible due to an established condition but may work collaboratively with an Administrative Unit to conduct part or all of the assessment.
I. An infant or toddler found eligible solely because they live with a parent who has a developmental delay, may have an Individualized Family Service Plan developed.
Other Child Identification Documents
"Family Guide Book I: Referral and Eligibility for Colorado Early Intervention Services"
"Established Conditions Database"
"Referral and Release Form (English and Spanish)"
"Referral Status Update Form"
"Notice and Consent for Post-Referral Screening Form"
"Prior Written Notice and Consent for Initial Evaluation and/or Assessment Form"
"Prior Written Notice Form"
"Colorado Individualized Family Service Plan Form (English and Spanish)
"Instruction Manual: Completing Colorado's Individualized Family Service Plan"`