| (a) The contractor must determine the child's eligibility
for continued early childhood intervention services at least annually
if the child is younger than 21 months of age at the previous eligibility
determination. A child who is determined eligible at 21 months of
age or older remains eligible for Early Childhood Intervention (ECI)
until the child's third birthday or until the child has reached developmental
proficiency, whichever happens first.
(b) The contractor must comply with all requirements
in 34 CFR §303.321(a)(3), including ensuring that informed clinical
opinion may be used as an independent basis to establish a child's
continued eligibility.
(1) Continuing eligibility is based on one of the following:
(A) a qualifying medical diagnosis confirmed by a review
of the child's medical records with:
(i) interdisciplinary team documentation of the continued
need for early childhood intervention services; and
(ii) documentation in the child's record of any change
in medical diagnosis;
(B) a visual impairment or deafness or hard of hearing
as defined by the Texas Education Agency in 19 TAC §89.1040 (relating
to Eligibility Criteria) with:
(i) interdisciplinary team documentation of the continued
need for early childhood intervention services; and
(ii) documentation in the child's record of any change
in hearing or vision status; or
(C) a developmental delay determined by the administration
of the standardized tool designated by the Texas Health and Human
Services Commission (HHSC) ECI, with the child demonstrating a documented
delay of at least 15 percent in one or more areas of development,
including the use of adjusted age as specified in §350.819 of
this subchapter (relating to Age Adjustment for Children Born Prematurely),
as applicable.
(2) Continuing eligibility for a child whose initial
eligibility was based on a qualitative determination of developmental
delay must be determined after six months.
(A) Eligibility is re-determined through an evaluation
using the standardized tool designated by HHSC ECI.
(B) The child must demonstrate a documented delay of
at least 15 percent in one or more areas of development. If applicable,
use adjusted age as specified in §350.819 of this subchapter.
(c) If the parent fails to consent or fails to cooperate
in re-determination of eligibility, the child becomes ineligible.
The contractor must send prior written notice of ineligibility and
consequent discontinuation of all ECI services to the family at least
14 days before the contractor discharges the child from the program,
unless the parent:
(1) immediately consents to and cooperates in all necessary
evaluations and assessments; and
(2) consents to all or part of a new Individualized
Family Service Plan.
(d) The family has the right to oppose the actions
described in subsection (c) of this section using their procedural
safeguards including the rights to use local and state complaint processes,
request mediation, or request an administrative hearing in accordance
with 40 TAC §101.1107 (relating to Administrative Hearings Concerning
Individual Child Rights).
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| Source Note: The provisions of this §350.823 adopted to be effective September 1, 2013, 38 TexReg 5524; 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 |
