Register February 2017 No. 734
Chapter DHS 90
EARLY INTERVENTION SERVICES FOR CHILDREN
FROM BIRTH TO AGE 3 WITH DEVELOPMENTAL NEEDS
Authority and purpose.
County administrative agency designation and responsibilities.
Identification and referral.
Development of service plan.
Procedural safeguards for parents.
Ch. DHS 90 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 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
Cr. Register, June, 1992, No. 438
, eff. 7-1-92.
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
Cr. Register, June, 1992, No. 438
, eff. 7-1-92.
DHS 90.03 Definitions.
In this chapter:
“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.
“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.
“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.
“Atypical development" means development that is unusual in its pattern, is not within normal developmental milestones, and adversely affects the child's overall development.
“Birth to 3" means from birth up to but not including age 3.
“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.
“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)
“Child find" means identifying, locating and evaluating children who may be eligible for the birth to 3 program.
“Consent" means, in reference to a parent, that the parent:
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;
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
Understands that the granting of consent is voluntary and may be revoked at any time.
“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.
“County administrative agency" means the s. 46.21
, 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.
“Department" means the Wisconsin department of health services.
“Developmental delay" means development that lags behind established developmental milestones as determined in accordance with the criteria under s. DHS 90.08 (5)
“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.
“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.
“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.
“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.
“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.
“Eligible child" means a child eligible for the birth to 3 program.
“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.
“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.
“IFSP" or “individualized family service plan" means a written plan for providing early intervention services to an eligible child and the child's family.
“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.
“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.
“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.
“Native language" means the language or other mode of communication normally used by the parent.
“Natural environment" means settings that are natural or normal for the child's age peers who have no disability.
“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.
“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.
“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
“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.