“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.
“Procedural safeguards" means the requirements under ss. DHS 90.12
designed to protect the rights of children and families receiving services through the birth to 3 program.
“Public health agency" means a health department, board or officer under ch. 251, Stats.
“Qualified personnel" means persons who have met Wisconsin approved or recognized certification, licensing, registration or other comparable requirements set out in s. DHS 90.11 (6)
for providing an early intervention service.
“Screening" means the process for identifying children who need further evaluation because they may have a developmental delay or a diagnosed condition.
“Service coordinator" means the person designated by a county administrative agency and responsible to that agency for coordinating the evaluation of a child, the assessment of the child and family and the development of an individualized family service plan, and for assisting and enabling the eligible child and the child's family to receive early intervention and other services and procedural safeguards under this chapter. A “service coordinator" is called a “case manager" for purposes of reimbursement for services under chs. DHS 101
“Service provider" means a public or private agency which by contract or agreement with a county administrative agency provides early intervention services under s. 51.44
, Stats., and this chapter.
“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 History
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.
, Stats., Register November 2008 No. 635
DHS 90.04 Eligibility.
A child shall be eligible for early intervention services under this chapter if the child is either:
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 90.04 History
Cr. Register, June, 1992, No. 438
, eff. 7-1-92.
DHS 90.05 Department responsibilities. DHS 90.05(1)
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.
(2) Development and support.
In developing and supporting the statewide system, the department shall:
Provide technical assistance to county administrative agencies on operation of a local birth to 3 program;
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;
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;
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
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:
Understanding the basic components of early intervention services available in the state;
Meeting the interrelated social, emotional, health, developmental and educational needs of eligible children; and
Assisting parents of eligible children in furthering the development of their children and in participating fully in the development and implementation of the IFSP.
(3) Supervision and monitoring.
In supervising and monitoring local birth to 3 programs, the department shall:
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;
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;
Make an independent on-site investigation if the department determines it is necessary;
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
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.
(4) Procedures for receiving and resolving complaints about operation of the program. 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.
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.
DHS 90.05 Note
Note: A complaint under this subsection should be sent to the Birth to 3 Program, Division of Disability and Elder Services, P.O. Box 7851, Madison, WI 53707.
DHS 90.05 Note
Processes for resolution of disputes between parents and county administrative agencies are described in s. DHS 90.12 (5)
The department in response to a complaint filed under par. (a)
shall appoint a complaint investigator who shall do the following:
Interview the complainant or the complainant's representative as part of fact-finding if that seems useful;
Conduct an independent on-site investigation at the county administrative agency or of a service provider if the department considers that necessary;
Except as provided under subd. 2.
, within 60 days after receiving a complaint under this subsection the department shall prepare a written decision stating the reasons for the decision and forward the decision to the affected agency or agencies with a copy to the complainant.
The department may extend the time limit for resolving a complaint by an additional 60 days if it determines that exceptional circumstances exist with respect to a particular complaint.
DHS 90.05 History
Cr. Register, June, 1992, No. 438
, eff. 7-1-92; emerg. am. (2) (c) and (4) (a), renum. (2) (e) 1. and 2. and (3) (c) to be (2) (e) 2. and 3. and (3) (d) and am. (3) (d), cr. (2) (e) 1. and (3) (c), eff. 1-1-93; am. (2) (c), (3) (b) and (4) (a), renum. (2) (e) 1. and 2. and (3) (c) to be (2) (e) 2. and 3. and (3) (d) and am. (3) (d), cr. (2) (e) 1., (3) (c) and (e), Register, June, 1993, No. 450
, eff. 7-1-93;
am. (4) (a), Register, April, 1997, No. 496
, eff. 5-1-97; am. (4) (a), Register, September, 1999, No. 525
, eff. 10-1-99; CR 03-033
: am. (4) (a) and (c) 1. Register December 2003 No. 576
, eff. 1-1-04.
DHS 90.06 County administrative agency designation and responsibilities. DHS 90.06(1)(a)
“Annual income after disability deductions" means the annual parental income less a deduction of $3,300 for each member of the family participating in the birth to 3 program and each child under 19 years of age with a disability as defined in s. DHS 65.02 (5)
DHS 90.06 Note
Note: Section 46.985, Stats., was repealed by 2015 Wis. Act 55 rendering Chapter DHS 65 unenforceable and without effect. Chapter DHS 65 will be repealed in future rulemaking.
“Annual parental income" means total income of the legally responsible parent or parents as reported on the parent's most recent federal individual tax return.
“Family" means people who share a residence and are any of the following:
Any minor in the residence for whom a person in subd. 2.
is legally responsible.
“Federal poverty guidelines" means the administrative version of the federal poverty measure, adjusted for families of different size, that are issued annually by the U.S. Department of Health and Human Services.
“Full financial information" means information about parental income, expenses, and assets that the county administrative agency requests to determine the parental cost share.
“Parent" means a child's adoptive or biological mother or father who has legal responsibility for the child.
“Parental cost share" means an annual amount of money the county administrative agency determines to be due and payable currently from the parents.
(1m) Designation by county board.
The county board of each county shall designate a county department under s. 46.21
, Stats., a local public health agency or any other county agency or enter into a contract or agreement with any other public agency to be the administrative agency in the county for the birth to 3 program. That designation or notice of other arrangement shall be made by letter to the department.
DHS 90.06 Note
Note: The letter identifying the county administrative agency should be sent to Birth to 3 Program Coordinator, Division of Disability and Elder Services, P.O. Box 7851, Madison, WI 53707.
A county administrative agency shall ensure that all of the following are done:
Parents, representatives of agencies that refer, evaluate or provide services to young children and their families in the community and other interested persons are involved in planning, development and operation of the early intervention service system;
A comprehensive child find system is established in accordance with s. DHS 90.07
, including activities to make the public aware of the local birth to 3 program and development of a formal system of communication and coordination among pertinent agencies operating in the county that may have contact with eligible children and their families;
A service coordinator is designated for every child referred for evaluation. The service coordinator need not be an employee of the county administrative agency but shall be accountable to the county administrative agency;
The parents are informed orally and in writing about the purposes of the birth to 3 program, the process and the procedural safeguards;
The parents are collaborators in the IFSP planning process;
Written consent of the child's parents is obtained, in accordance with s. DHS 90.12 (2) (a)
, before the initial evaluation and assessment are conducted;
Other early intervention services as identified in s. DHS 90.11 (4)
are provided in accordance with the IFSP. County administrative agencies shall determine the parental cost share of early intervention services costs not met by third party payers in accordance with par. (i)
. Parental cost share for early intervention services shall begin with services designated in IFSPs developed or reviewed on or after March 1, 2002.
Parental cost shares are determined. The county administrative
agency shall have billing, revenue collection and revenue tracking responsibility for the parental cost share unless the county administrative agency delegates these responsibilities to a service provider by written agreement specifying the conditions of the delegation. A county administrative agency shall make an assessment of the parental cost share for services to an eligible child in the following manner:
Determine the annual income of the parents. When the legally responsible parents live in separate households and the child eligible for the birth to 3 program resides in both households, the family size is determined for each household. There is a separate parental cost share determined for each household.
Determine the federal poverty guidelines for the annual income after disability deduction and family size.
Determine the percent above or below the federal poverty guidelines determined in subd. 1. c.
, the family's annual income after disability deduction determined in subd. 1. b.
, and assign the parental cost share according to Table DHS 90.06.
The maximum parental cost share is $1,800 per year without regard to the number of children in the birth to 3 program in the family. When the legally responsible parents live in separate households and the child eligible for the birth to 3 program resides in both households, combined cost shares may not exceed $1,800. The cost shares shall be divided between the parents based on the parents' relative income.
Table DHS 90.06
Assignment of Parental Cost Share
- See PDF for table
DHS 90.06 Note
Note: The Federal Poverty Guidelines are adjusted yearly and are published annually in the Federal Register. The Department will distribute the applicable Federal Poverty Guidelines information that is effective each year. To receive the current Federal Poverty Guidelines, contact the Birth to 3 Program Coordinator at the Division of Disability and Elder Services, P.O. Box 7851, Madison, WI 53707, or call 608-266-8276, or fax 608-261-6752.
A parent who is informed of his or her rights and who knowingly refuses to provide full financial information is held liable for the maximum parental cost share.
A parental cost share for early intervention services is assessed unless the parents have financial liability for other services subject to the uniform fee system that are provided to the eligible child.
Parents are informed of their right to request a waiver of the parental cost share in part or in whole if the request is based on unique circumstances of the child or family.
Parents are informed as early as is administratively feasible of the parents' rights and responsibilities under the cost share system. The department shall provide sample brochures to county administrative agencies to assist the agencies in informing parents.
Revenue received from payments of the parental cost share is used only for early intervention services within the county and do not supplant county funds required under s. 51.44 (3) (c)
Written consent of the child's parent is obtained, in accordance with s. DHS 90.12 (2) (b)
, for provision of early intervention services for the child and family to implement the IFSP;
Interagency agreements are entered into with other local agencies to identify respective roles and responsibilities in the delivery of early intervention services, coordinate service delivery, ensure the timely delivery of services and identify how disputes will be resolved when there is disagreement about the agency responsible for provision of a particular service;
The confidentiality of personally identifiable information about a child, a parent of the child or other member of the child's family, in accordance with s. DHS 90.12 (3)
, is maintained;