Or. Admin. R. 581-015-2774 - Referral Procedures and Early Intervention Screening
Children must be referred to the lead agency for Child Find purposes as soon as possible, but in no case more than seven days after the child has been identified.
(1) This
applies to all referrals including infants and toddlers under the age of three
who are the subjects of a substantiated case of child abuse or neglect, or who
are identified as directly affected by illegal drug abuse or withdrawal
symptoms from prenatal drug exposure.
(2) Primary referral sources may include:
hospitals including prenatal facilities, physicians, parents, child care
programs, tribal government, LEAs and schools, public health facilities, other
public health or social service agencies, other clinics or health care
providers, public agencies and staff in the child welfare system, homeless
family shelters, and domestic violence shelters and agencies.
(3) Early Intervention screening procedures.
Children under the age of three who have been referred to the EI/ECSE program
to determine whether they are suspected of having a disability may be screened
by EI/ECSE program. If the EI/ECSE program proposes to screen a child, it must:
(a) Provide the parent notice of its intent
to screen the child to identify whether the child is suspected of having a
disability and include in that notice a description of the parent's right to
request an evaluation at any time during the screening process.
(b) Obtain parental consent before conducting
the screening procedures.
(c) If
the parent consents to the screening and the screening or other available
information indicates that the child is-
(A)
Suspected of having a disability, after notice is provided and once parental
consent is obtained, an evaluation and assessment of the child must be
conducted under OAR 581-015-2775
(B) Not suspected of having a disability, the
EI/ECSE program must ensure that notice of that determination is provided to
the parent and that the notice describes the parent's right to request an
evaluation.
(d) If the
parent of the child requests and consents to an evaluation at any time during
the screening process, evaluation of the child must be conducted under OAR
581-015-2775 even if the EI/ECSE program has determined that the child is not
suspected of having a disability.
(e) Definition of screening procedures:
(A) Activities under sections (3)(a), (3)(b),
and (3)(c) that are carried out by, or under the supervision of the EI/ECSE
program to identify, at the earliest possible age, infants and toddlers
suspected of having a disability and in need of early intervention services;
and
(B) Includes the administration
of appropriate instruments by personnel trained to administer those
instruments.
(f)
Condition for evaluation or early intervention services. For every child under
the age of three who is referred to the EI/ECSE program or screened in
accordance with sections (3)(a), (3)(b), and (3)(c), the EI/ECSE program is not
required to-
(A) Provide an evaluation of the
child under OAR 581-015-2775 unless the child is suspected of having a
disability or the parent requests an evaluation under section (3)(d);
or
(B) Make early intervention
services available under Division 15 to the child unless a determination is
made that the child meets the definition of an infant or toddler with a
disability under OAR 581-015-2780.
(4) Prior Written Notice for EI
(a) Prior written notice must be provided to
parents a reasonable time before the Early Intervention Program proposes, or
refuses, to initiate or change the identification, evaluation, or placement of
their infant or toddler, or the provision of early intervention services to the
infant or toddler with a disability and that infant or toddler's
family
(b) The notice must be
sufficient in detail to inform the parents about-
(A) The action that is being proposed or
refused;
(B) The reasons for taking
the action.
(c) The
notice must be-
(A) Written in language
understandable to the general public; and
(B) Provided in the native language of the
parent or other mode of communication used by the parent, unless it is clearly
not feasible to do so.
Notes
Statutory/Other Authority: ORS 326.051 & 343.475
Statutes/Other Implemented: 34 CFR 303.303
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