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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 2DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES
CHAPTER 108EARLY CHILDHOOD INTERVENTION SERVICES
SUBCHAPTER BPROCEDURAL SAFEGUARDS AND DUE PROCESS PROCEDURES
RULE §108.207Parental Consent

(a) Written parental consent provides documentation that the parent has been informed of and agrees, in writing, to the proposed action. Consent is voluntary and can be withdrawn by the parent at any time. Any action for which the parent has withdrawn consent must be stopped immediately.

(b) In addition to the requirements in 34 CFR §303.420, written parental consent must be obtained before:

  (1) beginning any screening, except when performing a developmental screening on a child in the conservatorship of the Texas Department of Family and Protective Services;

  (2) conducting any evaluation or assessment procedures;

  (3) providing early childhood intervention services listed in the IFSP;

  (4) changing the type, intensity, or frequency of early childhood intervention services;

  (5) contacting medical professionals and other outside sources to coordinate and gather information about the child and family;

  (6) reporting personally identifiable information, including disposition of referral, electronically to statewide databases unless release is authorized without consent in FERPA; or

  (7) releasing personally identifiable information except as allowed by §108.241 of this title (relating to Release of Records).

(c) As required by 34 CFR §303.420(b), the contractor must adopt procedures designed to inform the parent of the nature of the recommended assessment or evaluation procedures and recommended early childhood intervention services that the parent has refused. The procedures may include:

  (1) providing the parent relevant literature or other materials; and

  (2) offering the parent peer counseling to enhance their understanding of the value of early childhood intervention and the inability to participate in Part C programs without consent.

(d) If a specific assessment or service is determined necessary by the IFSP team, the contractor may not limit or deny that assessment or service because the parent has refused consent for another service or assessment.


Source Note: The provisions of this §108.207 adopted to be effective September 1, 2011, 36 TexReg 5387; amended to be effective July 1, 2012, 37 TexReg 4621; amended to be effective June 30, 2019, 44 TexReg 3280

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