N.J. Admin. Code § 8:17-7.1 - Eligibility criteria and procedures

(a) A child is eligible to receive early intervention services from the Department if the child has a diagnosed condition described in (c) below or if:

1. The child is experiencing developmental delays, as measured using an evaluation and assessment instrument, such as the BDI, and applying procedures (including informed clinical opinion) as described in 8:17-6.1(b), in one or more of the following developmental areas:

i. Physical, including gross motor, fine motor, vision and hearing;

ii. Cognitive;

iii. Expressive and receptive communication;

iv. Social or emotional; or

v. Adaptive.

(b) In using standardized evaluations or criterion-referenced measures to determine eligibility, a developmental delay is, at a minimum, a delay of either 33 percent in one developmental area or 25 percent in two or more developmental areas, or, if appropriate standardized instruments are individually administered in the evaluation process, a score of at least 2.0 standard deviations below the mean in one functional area or a score of at least 1.5 standard deviations below the mean in each of two functional areas.

1. The evaluator or assessor shall calculate percentages based on corrected age for children born at or before 38 weeks of gestation, calculating the correction based on 40 weeks.

2. The child's corrected age shall apply until the child reaches 24 months of age.

3. For children born at or after 38 weeks of gestation, or who are evaluated at an age beyond 24 months old, there shall be no correction in age.

(c) A child is eligible for early intervention services if he or she has a diagnosed physical or mental condition in one or more of the categories that have a high probability of resulting in developmental delay, listed in (d) below.

1. This includes children who have identified conditions but who may not be exhibiting delays in development at the time of diagnosis.

(d) The categories of physical and mental conditions that have a high probability of resulting in developmental delay are:

1. Chromosomal abnormalities, or genetic or congenital disorders;

2. Severe sensory impairments, including those relating to vision and hearing;

3. Untreated inborn errors of metabolism;

4. Disorders reflecting disturbance of the development of the nervous system;

5. Congenital infections;

6. Disorders secondary to exposure to toxic substances, including fetal alcohol syndrome;

7. Severe attachment disorders; and

8. Autism spectrum disorders.

(e) A multidisciplinary team of practitioners shall determine eligibility within a diagnosed physical or mental condition category based on a statement or report signed by a physician, advanced practice nurse or licensed clinical psychologist, as appropriate to the suspected disability, indicating the condition that is likely to result in developmental delay.

1. The multidisciplinary team shall consider the report or statement required under (e) above with respect to the types and amounts of services that a child and/or his or her family should receive through the early intervention system but the team shall not use the report or statement as the sole basis by which it makes the developmental diagnosis or determines the services approved through the IFSP process described at 8:17-8.3.

(f) If a multidisciplinary evaluation team has identified one or more physical and/or mental conditions that are associated with developmental concerns, and has concluded that early intervention services would be appropriate to meet the needs of the child and that the child is eligible to receive early intervention services, then the evaluation team shall place documentation in the child's record that includes the informed clinical opinion pursuant to 8:17-6.1 upon which the team based its determination of eligibility.

Notes

N.J. Admin. Code § 8:17-7.1