8 Colo. Code Regs. § 1405-1-5.103

Current through Register Vol. 47, No. 20, October 25, 2024

Section 8 CCR 1405-1-5.103 - EARLY INTERVENTION PROGRAM DEFINITIONS

This rule is promulgated pursuant to section 26.5-3-402, C.R.S.

A. Abuse or child abuse and/or neglect as used in these rules and regulations has the same meaning as defined in section 19-1-103(1)(a), C.R.S.

B. Access to records means the right for a parent or guardian 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 their child and family, unless restricted under authority of applicable state law governing such matters of guardianship, separation, or divorce.

C. Administrative unit means, as defined in section 26.5-3-402(1), C.R.S., a school district, a board of cooperative services, a charter school network, a charter school collaborative, or the State Charter School Institute that is providing educational services to exceptional children and that is responsible for the local administration of the education of exceptional children pursuant to article 20 of title 22.

D. Assessment means the ongoing procedures used throughout the period of a child's eligibility for early intervention services to identify:

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

2. The resources, priorities, and concerns of a parent or guardian and the supports needed to enhance the capacity of a parent or guardian or other caregiver to meet the developmental needs of the eligible child within everyday routines, activities, and places.

E. Atypical Development means development or behaviors that fall within the expected range of development in one or more of the five (5) domains referenced in Rule 5.111, and emerge in a way that is significantly different from same age peers. They are not attributable to culture or personality and are different in quality, form, and function. This can be determined through informed opinion of delay, even when evaluation tools do not establish a twenty-five percent (25%) delay in two (2) or more domains or a thirty-three percent (33%) delay in one (1) domain.

F. Certified Early Intervention Service Broker means as defined in section 26.5-3-402(3), C.R.S.

G. Child Abuse Prevention and Treatment Act (CAPTA) means the CAPTA state grant program at 42 U.S.C. Section 5106A that provides states with flexible funds to improve their child protective service systems. Last reauthorized by the CAPTA Reauthorization Act of 2010, the program requires states to provide assurances in their five (5) 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 (3) who are involved in a substantiated case of abuse and neglect to early intervention services under Part C.

H. Child Find means as defined in section 26.5-3-402(4)(a), C.R.S. Part C child find, which is the program component of IDEA that requires states to find, identify, locate, evaluate, and serve children with disabilities, from birth through two years of age.

I. Child Find program means the multidisciplinary team within an administrative unit that conducts screening and/or evaluation activities for young children.

J. Children experiencing homelessness means children who lack a fixed, regular, and adequate nighttime residence, in accordance with the McKinney-Vento Homeless Assistance Act, as defined in 42 U.S.C. Section 11434a(2)(A) and Rule 5.104(A)(4).

K. Coaching means a relationship-based strategy used by 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.

L. Consent means that the parent or guardian has been fully informed of all information relevant to the activity for which consent is sought in the parent or guardian's native language and the parent or guardian understands and agrees in writing to the carrying out of the activity.

M. Co-payment means a specified dollar amount that an insured person must pay for covered health care services. The insured person pays this amount to the provider at the time of service.

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

O. Days means calendar days unless otherwise indicated.

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

Q. Developmental delay when referenced in these regulations, means a significant delay, defined as the equivalence of a twenty-five percent (25%) delay in two (2) or more domains, or a thirty-three percent (33%) or greater delay in one (1) or more of the five (5) domains of development as defined in Rule 5.111, when compared with chronological age; or, presence of atypical development, as defined in Rule 5.103.

R. Developmental disability means as defined in section 25.5-10-202(26)(a), C.R.S.

S. Due process procedures means formal procedures used to resolve a dispute involving an individual child or parent or guardian related to any matter described in 34 C.F.R. Section 303.435-438, which are incorporated by reference in Rule 5.104.

T. Duration means the specific and measurable period of time a service is provided, specifying the start and end dates.

U. Early Intervention early start program means a program separate from early intervention services provided in accordance with Part C that, if the department determines appropriations are adequate, may provide services to children who meet the definition of risk factor and do not meet eligibility criteria as defined in Rule 5.111(C).

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

W. Early Intervention Provider Database means the state database located at www.eicolorado.org that contains information, and Certified Early Intervention Service Broker affiliation, about all early intervention providers, including personnel qualifications.

X. 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 listed in the Established Conditions Database.

Y. Established Conditions Database means the state database located at www.eicolorado.org that includes the state-approved list of established conditions.

Z. Evaluation for early intervention services means the procedures used to determine initial and continuing eligibility. Evaluation includes administration of an evaluation tool(s), observation of the child, parent or guardian report, and a review of pertinent medical records.

AA. Everyday routines, activities and places means routines that are customarily part of a family's typical day including, but not limited to: meal time; bath time; shopping; play time; outdoor play; activities a family does with its 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, store, and child care.

BB. 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.

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

DD. Family assessment means a process using a department-approved assessment tool and parent or guardian interview prior to the development of an initial Individualized Family Service Plan.

EE. Family Educational Rights and Privacy Act (FERPA) means the federal law that protects the privacy of students' education records under 20 U.S.C. Section 1232g and 34 C.F.R. Part 99, which is incorporated by reference in Rule 5.104. FERPA requirements apply to educational agencies and institutions that receive funds under any program administered by the United States Department of Education.

FF. Frequency means how often an early intervention service is provided.

GG. Guardian means a person appointed by the court or named in a will and charged with limited, temporary, or full guardian's power and duties.

HH. Individuals with Disabilities Education Act (IDEA) means as defined in section 26.5-3-402(13), C.R.S.

II. Individualized Family Service Plan (IFSP) means a written plan for providing early intervention services to eligible children and their families, in accordance with 34 C.F.R. Section 303.340, et seq., which is incorporated by reference in Rule 5.104(A)(5).

JJ. Informed opinion of delay means the knowledgeable opinion 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 (5) domains of development referenced in Rule 5.111. 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.

KK. Initial assessment means the assessment of the child and family conducted before a child's first IFSP meeting.

LL. Intensity means the length of time that a service is provided each session.

MM. Method means how an early intervention service is provided. The type of method may be one of the following:

1. Individual service provided to a child and family;

2. Co-visit during which services are provided by two professionals during a session;

3. Teaming through regularly scheduled meetings as the formal time for provider-to-provider information sharing and support to develop strategies designed to build the capacity of parents or guardians and other caregivers to meet child and family outcomes;

4. Supervision by a qualified provider who oversees the work of a student or paraprofessional through observation and guidance, including direction and evaluation of the activities performed by the supervisee; or

5. Telehealth.

NN. Model means one of the following constructs in which a child and family's early intervention services shall be provided:

1. Primary service provider;

2. Multidisciplinary service providers;

3. Single provider; or

4. Other model approved by the state.

OO. Multidisciplinary evaluation team means a group that is made up of two (2) or more qualified personnel who have different training and experience.

PP. Multidisciplinary Service Providers Model means a model in which two (2) or more qualified providers who have different training and experience provide ongoing services as identified in an IFSP. In this model the providers work independently of each other with minimal interaction with other team members, and perform interventions separately from others while working on discipline-specific goals.

QQ. Native language means:

1. When used with respect to an individual who has limited English proficiency:

a. The language normally used by that individual, or, in the case of a child, the language normally used by the parents or guardians of the child, except as provided below in subsection 2; and

b. For evaluations and assessments conducted pursuant to Rules 5.111-(H), the language normally used by the child, if determined developmentally appropriate for the child by qualified personnel conducting the evaluation and assessment.

2. 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:

a. The mode of communication that is normally used by the individual, such as sign language, Braille, or oral communication.

RR. Natural environments means the day-to-day routines, activities, and places that promote learning opportunities for an individual child and family, in settings such as the family's home and community that are natural or typical for the child's peer who has no disabilities.

SS. Neglect means an act or failure to act by a person who is responsible for another's well-being so that inadequate food, clothing, shelter, psychological care, physical care, medical care, or supervision is provided. This may include, but is not limited to, denial of meals, medication, habilitation, or other treatment necessities.

TT. Parent within early intervention services, means:

1. The biological or adoptive parent;

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;

3. A foster parent;

4. An individual acting in the place of a biological or adoptive parent, including a grandparent, stepparent, or other relative with whom the child lives, or an individual who is legally responsible for the child's welfare; or

5. A surrogate parent who has been appointed in accordance with 34 CFR Section 303.422, incorporated by reference in Rule 5.104(A)(5).

UU. Part C means Part C of the IDEA that addresses infants and toddlers, birth through two (2) 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 C.F.R. Part 303, which is incorporated by reference in Rule 5.104(A)(5).

VV. 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 with respect to a particular child.

1. This includes:

a. The Colorado Department of Early Childhood;

b. The Colorado Department of Human Services;

c. Certified Early Intervention Service Brokers; and

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

2. This does not include:

a. Primary referral sources; or

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

WW. Personally Identifiable Information (PII) as used in early intervention services means, but is not limited to:

1. The infant or toddler's name;

2. The name of the infant or toddler's parent or guardian or other family member;

3. The address of the infant or toddler, or their family;

4. A personal identifier, such as a Social Security Number or other biometric record;

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

6. Other information that, alone or in combination, may be used to identify a specific infant or toddler; or

7. Information about a child whose identity is believed to be known by the requester of that information.

XX. Physician means a person licensed to practice medicine under section 12-240-101, C.R.S., et seq., the Colorado Medical Practice Act.

YY. Post-referral screening means the early intervention activities that take place after a child is referred to the Early Intervention Program to identify infants and toddlers who need more intensive evaluation and assessment to determine eligibility due to a developmental delay.

ZZ. Primary Service Provider Model means a model of service delivery that utilizes one main qualified provider from any discipline that is the best fit to address the child and family outcomes as identified in an IFSP. Other team members support the primary service provider through teaming and may provide co-visits under this model.

AAA. Prior written notice for early intervention services means written notice that is given to parents or guardians a reasonable time before the Early Intervention Colorado Program or a Certified Early Intervention Service Broker proposes or refuses to initiate or change the identification, evaluation, or placement of the infant or toddler, or the provision of appropriate early intervention services to the child and family.

BBB. Qualified personnel means personnel who have met the state-approved or recognized certification, licensing, registration, or other comparable requirements, to provide evaluations, assessments, or early intervention services.

CCC. Referral for early intervention services means a verbal or written notification from a referral source to the Early Intervention Colorado Program referral line or a Certified Early Intervention Service Broker for the provision of information regarding an infant or toddler, birth through two (2) years of age, to identify those in need of early intervention services.

DDD. Risk factor means if sufficient appropriations are available, a 25% delay in one domain, or other factors determined by the department to have research that supports the potential for impact on development at a later age such as, but not limited to, a substantiated case of abuse or neglect, neonatal abstinence syndrome (NAS), fetal alcohol spectrum disorders (FASD), lead poisoning, global developmental delays, and perinatal mood and anxiety disorders.

EEE. Service coordination means the activities carried out by a service coordinator to assist and enable a child eligible for early intervention services, and the child's family, to receive the rights, procedural safeguards, and services that are authorized to be provided under Rule 5.104, et. seq.

FFF. Single Provider Model means a model of early intervention service provision in which one provider is utilized to meet the child and family's needs as identified in an IFSP.

GGG. State complaint procedures means actions taken by the Department to resolve a complaint lodged by an individual or organization regarding any agency or local service provider participating in the delivery of early intervention services that is violating a state or federal requirement.

HHH. Surrogate parent means an individual appointed by the local Early Intervention Services Program to act in the place of a parent in safeguarding an infant or toddler's rights in the decision-making process regarding screening, evaluation, assessment, development of the IFSP, delivery of early intervention services and transition planning.

III. Targeted case management services means those case management services which are provided as a Medicaid benefit for a specific target group of Medicaid recipients who have a developmental disability and meet the program eligibility criteria identified in the Medical Assistance rules at 10 CCR 2505-10 section 8.761.2 (May 30, 2020) published by the Colorado Department of Health Care Policy and Financing. These Department of Health Care Policy and Financing Rules are herein incorporated by reference and do not include any later amendments or editions of these rules. These rules are available for public inspection at the Colorado Department of Early Childhood, Office of Program Delivery, 710 S. Ash St., Denver, CO 80246 or at www.sos.state.co.us. Copies of these rules are available for reasonable cost during normal business hours at the Colorado Department of Early Childhood, Office of Program Delivery, 710 S. Ash St., Denver, CO 80246 or the Colorado Department of Health Care Policy and Financing, 1570 Grant St., Denver, CO 80203.

JJJ. Telehealth means a method of service provision that utilizes secure interactive videoconferencing to deliver early intervention services.

KKK. Waiver Services means those optional Medicaid services defined in the current federally-approved Home and Community Based Services (HCBS) waiver document and do not include Medicaid State Plan services.

8 CCR 1405-1-5.103

46 CR 01, January 10, 2023, effective 1/1/2023

46 CR 06, March 25, 2023, effective 4/14/2023

47 CR 13, July 10, 2024, effective 7/30/2024