| (a) Early childhood intervention services needed by
the child must be initiated in a timely manner and delivered as planned
in the Individualized Family Service Plan (IFSP). Only qualified staff
members, as described in Subchapter C of this chapter (relating to
Staff Qualifications), are authorized to provide early childhood intervention
services.
(b) The contractor must ensure that early childhood
intervention services are appropriate, as determined by the IFSP team,
and based on scientifically based research, to the extent practicable.
In addition to the requirements in 34 CFR §303.13, early childhood
intervention services, with the exception cited in subsection (c)
of this section, must be provided:
(1) according to a plan and with a frequency that is
individualized to the parent and child to effectively address the
goals established in the IFSP;
(2) only to children who are located in the state of
Texas at the time of service delivery;
(3) in the presence of the parent or other routine
caregiver, with an emphasis on enhancing the family's capacity to
meet the developmental needs of the child; and
(4) in the child's natural environment, as defined
in 34 CFR §303.26, unless the criteria listed in 34 CFR §303.126
are met and documented in the case record and may be provided via
telehealth with the written consent of the parent. If the parent declines
to consent to telehealth for some or all services, those services
must be provided in person.
(c) Family education and training, as defined in §350.1105(5)
of this subchapter (relating to Capacity to Provide Early Childhood
Intervention Services):
(1) must be provided:
(A) according to a plan and with a frequency that is
individualized to the parent and child to effectively address the
goals established in the IFSP; and
(B) with a parent or other routine caregiver, with
an emphasis on enhancing the family's capacity to meet the developmental
needs of the child; and
(2) may be provided:
(A) when a child who resides in Texas is not located
in the state at the time of service; and
(B) in a setting other than a child's natural environment.
(d) Early Intervention services must:
(1) address the development of the whole child within
the framework of the family;
(2) enhance the parent's competence to maximize the
child's participation and functional abilities within daily routines
and activities; and
(3) be provided in the context of natural learning
activities in order to assist caregivers to implement strategies that
will increase child learning opportunities and participation in daily
life.
(e) The contractor must provide a service coordinator
and an interdisciplinary team for the child and family throughout
the child's enrollment.
(f) The contractor must make reasonable efforts to
provide flexible hours in programming in order to allow the parent
or routine caregiver to participate.
(g) The contractor must comply with all requirements
in Subchapter B of this chapter (relating to Procedural Safeguards
and Due Process Procedures) when planning and delivering early childhood
intervention services.
(h) Services must be monitored by the interdisciplinary
team at least once every six months to determine:
(1) what progress is being made toward achieving goals;
(2) if services are reducing the child's functional
limitations, promoting age appropriate growth and development, and
are responsive to the family's identified goals for the child; and
(3) whether modifications to the plan are needed.
(i) Monitoring occurs as part of the IFSP review process
and must be documented in the case record.
|
| Source Note: The provisions of this §350.1104 adopted to be effective March 7, 2015, 40 TexReg 939; amended to be effective June 30, 2019, 44 TexReg 3280; transferred effective March 1, 2021, as published in the Texas Register February 5, 2021, 46 TexReg 941; amended to be effective March 17, 2022, 47 TexReg 1277 |
