RULE 281-120.310 - Post-referral timeline (45 calendar days)

RULE 281-120.310. Post-referral timeline (45 calendar days)

(1) General. Except as provided in subrule 120.310(2), any screening under rule 281-120.320 (34CFR303); the initial evaluation and the initial assessments of the child and family under rule 281-120.321 (34CFR303); and the initial IFSP meeting under rule 281-120.342 (34CFR303) must be completed within 45 calendar days from the date the public agency or EIS provider receives the referral of the child.

(2) limited exceptions. Subject to subrule 120.310(3), the 45-day timeline described in subrule 120.310(1) does not apply for any period when:

a. The child or parent is unavailable to complete the screening (if applicable), the initial evaluation, the initial assessments of the child and family, or the initial IFSP meeting due to exceptional family circumstances that are documented in the child's early intervention records; or

b. The parent has not provided consent for the screening (if applicable), the initial evaluation, or the initial assessment of the child, despite documented, repeated attempts by the public agency or EIS provider to obtain parental consent.

(3) Duties when limited exceptions occur. The department must develop procedures to ensure that in the event the circumstances described in subrule 120.310(2) exist, the public agency or EIS provider must:

a. Document in the child's early intervention records the exceptional family circumstances or repeated attempts by the public agency or EIS provider to obtain parental consent;

b. Complete the screening (if applicable), the initial evaluation, the initial assessments (of the child and family), and the initial IFSP meeting as soon as possible after the documented exceptional family circumstances described in paragraph 120.310(2)"a" no longer exist or parental consent is obtained for the screening (if applicable), the initial evaluation, and the initial assessment of the child; and

c. Develop and implement an interim IFSP, to the extent appropriate and consistent with rule 281-120.345 (34CFR303).

(4) Initial family assessment. The initial family assessment must be conducted within the 45-day timeline in subrule 120.310(1) if the parent concurs and even if other family members are unavailable.

(ARC 0100C, IAB 4/18/12, effective 5/23/12)

The following state regulations pages link to this page.