902 KAR 30:110 - Point of Entry and service coordination
RELATES TO: KRS 200.662, 200.664, 200.668, 200.670, 34 C.F.R. 303.34, 303.164, 303.165, 303.167, 303.303, 303.342, 303.344, 303.403, 303.421, 20 U.S.C. 1400, 1435, 42 U.S.C. 280g-1, 701, 1381, 1396, 1397, 5106, 9801, 10401, 15001-15009
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
200.660 requires the Cabinet for Health and
Family Services to administer all funds appropriated to implement provisions,
to enter into contracts with service providers, and to promulgate
administrative regulations necessary to implement
KRS 200.650
to
200.676.
This administrative regulation establishes the point of entry and service
coordination provisions pertaining to
Section 1. Point
of Entry.
(1)
(a) The point of entry (POE) staff shall
serve as the local lead agency and shall coordinate child find efforts with:
1. Programs authorized under part B of the
Individuals with Disabilities Education Act (IDEA),
20 U.S.C
1400; and
2. Other state and federal programs serving
this population.
(b) The
primary referral sources described in paragraph (a) of this subsection may
include:
1. Maternal and child health
programs, including the Maternal, Infant and Early Childhood Home Visiting
Program, under Title V of the Social Security Act (42 U.S.C
701(a));
2. Early Periodic Screening, Diagnosis, and
Treatment (EPSDT) under Title XIX of the Social Security Act (42 U.S.C
1396(a)(43) and
1396(a)(4)(B))
;
3. Head Start, including Early
Head Start programs under section 645A of the Head Start Act (42 U.S.C.
9801);
4. Supplemental Security Income (SSI)
programs under Title XVI of the Social Security Act (42 U.S.C
1381);
5. Child protection and child welfare
programs, including programs administered by and services provided through the
foster care agency and the state agency responsible for administering the Child
Abuse Prevention and Treatment Act (CAPTA) (42
U.S.C. 5106(a)) and 922 KAR
1:330, Section 3(10)-(11);
6.
Programs authorized through
42 U.S.C
15001 to
15009,
the Developmental Disabilities Assistance and Bill of Rights Act;
7. Child care programs and early learning
programs;
8. Programs that provide
services under the Family Violence Prevention and Services Act (42 U.S.C.
10401);
9. Early Hearing Detection and Intervention
(EDHI) systems (42
U.S.C. 280g-1) administered by the Centers
for Disease Control (CDC);
10. The
Children's Health Insurance Program (CHIP) authorized under Title XXI of the
Social Security Act (42 U.S.C.
1397aa);
11. Hospitals, including prenatal and
postnatal care facilities, and physicians;
12. Parents, including parents of infants and
toddlers; and
13. Homeless
shelters.
(c) Primary
referral sources are required to refer a child as soon as possible, but in no
case more than seven (7) days after the child has been identified as
potentially eligible.
(2)
Each POE shall have procedures in place that provide for accepting the
referrals of a child under the age of three (3) who:
(a) Is the subject of a substantiated case of
child abuse or neglect;
(b) Who has
a suspected developmental delay; or
(c) Is identified as directly affected by
illegal substance abuse or withdrawal symptoms resulting from prenatal drug
exposure.
(3) Each POE
staff shall maintain accessibility and provide public awareness activities in
each of their districts.
(4) The
POE staff shall maintain communication with the District Early Intervention
Committee (DEIC) and the state lead agency on matters of child find, service
options, and other issues relevant to the First Steps Program.
(5) The POE staff shall accept all referrals
for First Steps services to determine eligibility for programs.
(a) Upon receiving a telephone or written
referral , POE staff shall determine if:
1. The
family is aware that a referral is being made; and
2. The referral is appropriate based on:
a. The child's age, which shall be between
birth and three (3) years old;
b.
The family's residence within the assigned district or the family being
homeless; and
c. An established risk
diagnosis or a developmental concern.
(b) A child who is referred due to a
developmental concern, and not screened by the primary referral source, shall
have a cabinet approved screening protocol completed prior to the initial
evaluation .
(c) If the point of
entry finds the child does not meet the criteria established in paragraph (a)2.
of this subsection, the POE shall provide to the referral source appropriate
resources for the child and family for services that meet that child's needs.
These resources may include:
1. Public
schools;
2. The Department for
Community Based Services;
3.
Medical services;
4. Other
appropriate community services; or
5. Another POE if residency alone is the
reason for an inappropriate referral .
(d) If it is determined that the child meets
the criteria established in paragraph (a)2. of this subsection, POE staff shall
contact the family by telephone or letter within five (5) working days of
receipt of the referral to provide information about the program and obtain
consent for intake.
(e) For a child
referred due to an established risk condition, if the family is interested in
early intervention services, the POE staff shall assign a service coordinator
and continue with the intake process.
(f) For a child referred due to a
developmental concern that has been confirmed by administration of the cabinet
approved screening protocol, if the family is interested in early intervention
services, the POE staff shall assign a service coordinator and continue with
the intake process.
(g) The parent
or guardian of a child referred due to a developmental concern shall:
1. Be provided with prior written notice of
the POE's intent to administer the cabinet approved screening protocol. The
notice shall include the option to request an evaluation at any time during the
screening procedure; and
2. Give
written consent prior to the administration of the cabinet approved screening
protocol by signing the Notice of Action and Consent for Screening, Evaluation
and Assessment (FS-8).
(h) If the family is not interested in
participating, the family shall be provided contact information for the POE and
other community resources. The POE staff shall document in the child's record
the refusal of services.
(i) If the
POE staff is unable to contact the family within five (5) working days from the
date of the referral , a follow-up letter shall be sent to the family and the
case closed.
(j) If the POE is able
to contact the family initially, but the family fails to return the screening
protocol or consent, the POE shall send a First Steps Notice of Action (FS-9)
and close the case five (5) working days from the date of notice.
(6) All children who are two (2)
years and ten and one-half (10 1/2) months old to age three (3) years when
first referred to First Steps shall not be eligible for First Steps . The POE
shall notify the parent or guardian in writing that due to the child's age at
the time of referral , the First Steps Program shall not provide an evaluation
to determine eligibility for First Steps , but with written consent shall refer
the child to the state and local education agency or other community
resource.
(7) The POE staff shall
maintain a complete record on all children referred through the POE and provide
data to the state lead agency as requested. A complete record shall include:
(a) A hard copy of all documents that include
a parent signature;
(b) Any
correspondence generated by the POE; and
(c) The data entered into the child's
electronic early intervention record in the First Steps data management
system .
(8) The POE staff
shall provide data as requested by the DEIC.
Section 2. Service Coordination.
(1) The service coordinator shall serve as
the main point of contact in helping families obtain the services and
assistance they need.
(2) During
the intake process, the service coordinator shall:
(a) Identify the purpose of the
visit;
(b) Discuss the role of the
service coordinator;
(c) Explain
the First Steps service delivery system, including:
1. The consultative model and primary service
provider ; and
2. The First Steps
system of payment, which includes:
a. The
family share participation fee; and
b. The billing of public and private
insurance for early intervention services;
(d) Interview the family and document
findings related to:
1. The parent or
guardian's developmental concern for the child; and
2. The pregnancy, birth, and health
information;
(e) Explain
the family rights by reviewing the Family Rights Handbook;
(f) Discuss the forty-five (45) day timeline
and determine the next action needed to determine eligibility for the
child;
(g) Discuss evaluation and
service options;
(h) Obtain parent
or guardian signature on the First Steps Consent to Release/Obtain Information
(FS-10) form for medical and developmental information;
(i) Collect insurance information and data
necessary for billing and obtain parent or guardian signature on the Notice and
Consent for Use of Private Insurance (FS-12A) form;
(j) Assess the family's ability to pay using
the Financial Assessment Verification (FS-13) form; and
(k) Inform the family of the transition
process by:
1. Providing the Notice of
Transition (FS-11); and
2.
Obtaining parental consent to the transition process.
(l) Inform the family of the right to
decline, within thirty (30) days of consent, or to revoke consent at any time,
for participation in the transition activities, which includes:
1. The disclosure of personally identifiable
information to the Kentucky Department of Education (KDE) and the local
education authority (LEA); and
2.
Having a transition conference.
(3) The service coordinator shall:
(a) Assist the parents of infants and
toddlers with disabilities with obtaining access to needed early intervention
services and other services identified in the IFSP , including making referrals
to providers for needed services and scheduling appointments for infants and
toddlers with disabilities and their families;
(b) Coordinate the provision of early
intervention services and other services, including educational, social, or
medical services that are not provided for diagnostic or evaluative purposes,
that the child needs or is being provided;
(c) Coordinate evaluations and
assessments;
(d) Facilitate and
participate in the development, review, and evaluation of IFSPs;
(e) Conduct referral and other activities to
assist families in identifying available early intervention service
providers;
(f) Coordinate,
facilitate, and monitor the delivery of early intervention services to ensure
that the services are provided in a timely manner;
(g) Conduct follow-up activities to determine
that appropriate early intervention services are being provided;
(h) Coordinate the funding sources for
service;
(i) Facilitate the
development of a transition plan to preschool, school, or, if appropriate, to
other services;
(j) Provide written
confirmation in accordance with
34 C.F.R.
303.342(d)(2) to the parent
or guardian and all IFSP team members of the date, time, and location of the
meetings for the initial and annual Individual Family Service Plan (IFSP ), the
six (6) month review, and any other IFSP team meeting or the transition
conference at least seven (7) calendar days prior to the IFSP , review, or
transition conference date;
(k) If
there is a cancellation of an IFSP meeting, notify the IFSP members in writing
of the rescheduling of the IFSP meeting within five (5) working days of the
cancelled meeting date;
(l)
Reassess the family's ability to pay at the six (6) month review and annual
IFSP meeting, and at other times if requested by the family; and
(m) Following the IFSP meeting:
1. Enter all IFSP data into the First Steps
data management system ;
2. Finalize
the plan within five (5) working days of the date of the meeting;
3. Provide a written copy to the parent or
guardian within five (5) working days of the meeting and provide copies to
persons identified and consented to by the family; and
4. Refer the family to appropriate agencies
for service identified on the IFSP in accordance with
902
KAR 30:130, Section
2(5)(i).
(4)
The service coordinator shall inform the family of the family's rights and
procedural safeguards by:
(a) Summarizing the
Family Rights Handbook at the initial IFSP , at each subsequent IFSP , and at any
time the family requests;
(b)
Familiarizing the family with the procedural safeguards at every IFSP
meeting;
(c) Ensuring that all
materials are given to the family in a format the family can understand in the
family's native language; and
(d)
Assisting the family, at the family's request, with resolving conflicts among
service providers.
(5)
The service coordinator shall assist the family in identifying available
service providers by:
(a) Keeping current on
all available services in the district; and
(b) Having available to the families a list
of all eligible First Steps services providers in each district. If the family
chooses a service provider outside the First Steps approved provider list, the
service coordinator shall inform the family that the provider is not approved
through First Steps and may result in a cost to the family.
(6) The service coordinator shall
ensure that service coordination is available to families, at their request,
during normal business hours.
(7)
The service coordinator shall contact the child's family at a minimum of one
(1) time per plan to discuss service coordination needs, unless otherwise
stipulated in the IFSP .
(8) If a
family desires a change in the family's service coordinator, the family shall
contact the POE, and the POE shall seek to resolve the situation.
(9) The service coordinator shall inform the
family of the transition process by:
(a)
Reviewing the Notice of Transition (FS-11) and obtaining parental consent for
the transition procedures. With parental consent, the service coordinator
shall:
1. Ensure that all potential agencies
and programs that could provide service to a particular child after the age of
three (3) are included when introducing the parents to future program
possibilities;
2. Hold a transition
conference at least ninety (90) calendar days and, at the discretion of all
parties, not more than nine (9) months prior to the child's third birthday. The
transition conference shall involve the family, IFSP team, the special
education local school district representative, and staff from potential next
placement options; and
3. Include
at least one (1) transition outcome as a part of every IFSP that is consistent
with
34 C.F.R.
303.344(h);
and
(b) Confirming child
find information was transmitted to the LEA and, with parental consent,
releasing additional information needed by the LEA to ensure the continuity of
services from the part C program to the part B program. This additional
information may include:
1. The most recent
evaluation and assessment of the child;
2. The most recent assessment of the family;
and
3. The most recent
IFSP .
(10) The
service coordinator shall ensure that all contacts with the family or other
service providers are documented in the child's record in the First Steps data
management system . This documentation shall occur within ten (10) calendar days
of the date of service and shall include:
(a)
The date of contact;
(b) Amount of
time spent;
(c) Reason for
contact;
(d) Type of contact
whether by telephone or face-to-face;
(e) Result of contact; and
(f) Plan for further action.
(11) The service coordinator shall
document in the First Steps data management system all contacts attempted but
not made.
(12) The service
coordinator shall encourage the family to access all services identified on the
individualized family service plan .
(13) If the family wants to voluntarily
terminate a service or all services, the service coordinator shall:
(a) Document in the child's record which
services are ending and the date of termination; and
(b) Send a follow-up letter that meets the
requirements for prior written notice as specified in
34 C.F.R.
303.421 to the family which includes what
services are terminating, and the date services will terminate, within five (5)
working days after notice from the family of the family's choice to end
services.
(14) If the
family is absent from a scheduled service with no prior notice for two (2)
consecutive visits, the service provider shall notify the service coordinator
after the last absence. If the service coordinator receives notice of no show
from a provider, the service coordinator shall:
(a) Document the service provider's contact
and try to make contact with the family to discuss the circumstances. The
service coordinator shall:
1. If contact is
made, notify each provider of the result of the discussion; or
2. If unable to contact the family within
five (5) working days, send the family a notice of action without consent to
indicate service will be terminated within five (5) working days of the date of
the notice; and
(b)
Notify the service provider, in writing, if services are terminated and the
date of termination.
Section
3. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "Family Rights Handbook", April
2014;
(b) "First Steps Notice of
Action (FS-9)", September 2012;
(c)
"First Steps Consent to Release/Obtain Information (FS-10)", April
2014;
(d) "Financial Assessment
Verification (FS-13)", May 2012;
(e) "Notice and Consent for Use of Private
Insurance (FS-12A)", May 2012;
(f)
"Notice of Action and Consent for Screening, Evaluation and Assessment (FS-8)",
March 2014; and
(g) "Notice of
Transition (FS-11)", March 2013.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Department for Public
Health, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday,
8 a.m. to 4:30 p.m.
Notes
STATUTORY AUTHORITY: KRS 194A.050, 200.660(8)
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