Haw. Code R. § 11-140-5 - Eligibility determination
(a) The
multidisciplinary team shall determine whether the child is eligible for early
Intervention Services due to delayed development or biological risk, consistent
with section
11-140-4.
(b) Written parental consent, consistent with
section
11-140-8(d),
shall be obtained by the case manager before conducting the initial evaluation
of a child referred to determine eligibility.
(c) Any child who may be eligible for early
Intervention Services due to delayed development or is eligible due to
biological risk, consistent with sections
11-140-4(b) and
(c), shall receive a timely, comprehensive, multidisciplinary evaluation by a
department approved multidisciplinary team, using a standardized evaluation
instrument specified by the department.
(d) The evaluation shall consist of the
following components:
(1) Administering an
evaluation instrument;
(2)
Identifying the child' s level of functioning in each of the child' s
developmental areas identified in section
11-140-4(b);
(3) Taking the child' s history, including
interviewing the parent;
(4)
Gathering Information from other sources such as family members, other
caregivers, medical Providers, social workers, and educators, if necessary, to
understand the full scope of the child' s unique strengths and needs;
and
(5) Reviewing medical,
educational, or other records.
(e) The multidisciplinary evaluation shall be
completed within forty-five days after the Part C referral date. In the event
the child or parent is unavailable to complete the initial evaluation or
assessment due to exceptional family circumstances or the parent has not
provided consent despite documented, repeated attempts by the early
Intervention provider so that it is impossible to complete the evaluation
within forty-five days from the Part C referral date, the case manager shall
document the exceptional circumstances or repeated attempts to reach the family
and complete the initial evaluation as soon as possible.
(f) In the event that the multidisciplinary
evaluation cannot be completed within forty-five days as described in
subsection (d), an interim IFSP may be developed and implemented to the extent
appropriate and consistent with section
11-140-6(g).
(g) If the child is determined eligible due
to delayed development or biological risk, consistent with section
11-140-4, the
following shall occur:
(1) A
multidisciplinary assessment of the unique needs of the child and the
identification of early Intervention Services appropriate to meet those needs;
and
(2) A family-directed
assessment of the resources, priorities, and concerns of the family and the
identification of the supports and Services necessary to enhance the family' s
capacity to meet the developmental needs of the child.
The child and family assessments may occur simultaneously with the evaluation.
(h) The multidisciplinary evaluation and
assessment process for continued eligibility shall be completed annually, prior
to the annual IFSP, for a child found eligible due to delayed development,
consistent with section
11-140-4(b).
(i) The multidisciplinary evaluation and
assessment process for the child found eligible due to biological risk,
consistent with section
11-140-4(c),
shall be completed annually to determine if there is a change in the Services
needed by the child and the child' s family to support the child' s
development.
(j) Qualified
personnel shall use informed clinical opinion when conducting an evaluation and
assessment of the child. Informed clinical opinion may be used to establish
eligibility when the evaluation instrument does not establish eligibility;
however informed clinical opinion shall not be used to negate the results of
evaluation instruments used to establish eligibility.
(k) All evaluations and assessments of the
child and family shall be conducted by qualified personnel, in a
nondiscriminatory manner, and selected and administered so as not to be
racially or culturally discriminatory.
(l) Unless clearly not feasible to do so, all
evaluations and assessments of a child shall be conducted in the native
language of the child and family assessments shall be conducted in the native
language of the family members.
(m)
If, based on the evaluation it is determined that a child is not eligible, the
parent shall be provided with written notice regarding the child' s
ineligibility. The notice shall include Information about the parent' s right
to dispute the eligibility determination through dispute resolution mechanisms.
The parent shall also receive written Information about Community resources and
activities to support the child's development.
(n) A child receiving early Intervention
Services on the effective date of this chapter shall remain eligible for
Services until the determination at the meeting required by section
11-140-6(c)(3).
This subsection shall apply to those evaluations conducted under subsection
(h).
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