Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 140 - EARLY INTERVENTION SERVICES FOR INFANTS AND TODDLERS
Section 11-140-2 - Definitions
As used in this chapter: "Assessment" means the ongoing procedures used by appropriate and qualified personnel throughout the period of the child' s eligibility to identify the child' s unique strengths and needs and the Services appropriate to meet those needs; the resources, priorities, and concerns of the family; and the support and Services necessary to enhance the family' s capacity to meet the developmental needs of their child with delayed development.
"Biological risk" means the prenatal, perinatal, neonatal, or early developmental events suggestive of biological insults to the central nervous System that increase the probability of delayed development. Also referred to as "physical or mental conditions that have a high probability of resulting in a developmental delay".
"Case management" means an ongoing service of shared responsibility between families and Professionals that identifies needs and assists in obtaining coordinated, appropriate Services and resources. Also referred to as 'service coordination" or as "care coordination".
"Case manager" means a person who provides case management. Also referred to as a 'service coordinator" or as a "care coordinator".
"Child with special needs" means an infant or toddler from birth to the age of three years with delayed development or with a biological risk.
"Consent" means that the parent has agreed in writing to carrying out a specific activity pursuant to section 11-140-8(d).
"Delayed development" means a significant delay in one or more of the following areas of development: Cognition, speech, language, physical, motor, vision, hearing, psychosocial, or self-help skills. Also referred to as "developmental delay".
"Department" means the department of health.
"Early Intervention Services" means Services that:
(1) Are provided under public supervision;
(2) Are selected in collaboration with parents;
(3) Are provided at no cost to families, except where federal or State law provides for a System of payments by families, including a schedule of sliding fees;
(4) Are designed to meet the developmental needs of Part C eligible children and the needs of the family to assist appropriately in the child' s development, as identified by the IFSP team;
(5) Are provided by qualified personnel;
(6) Are provided to the maximum extent possible in natural environments; and
(7) Are provided in conformity with an individual family support plan and include but are not limited to: assistive technology device and Service; audiology Services; family training, counseling, and home Visits; health Services; medical Services to determine a child' s developmental Status and need for early Intervention Services; nursing Services; nutrition Services; occupational therapy; physical therapy; psychological Services; service coordination; sign language and cued language Services; social work Services; special Instruction; speech-language pathology Services; transportation and related costs; and vision Services.
"Evaluation" means the procedures used by qualified personnel to determine a child' s initial and continuing eligibility under this chapter.
"Exceptional family circumstances" means the allowable circumstances that make it impossible to complete the evaluation or the individual family support plan within the federally and State required forty-five day timeline after the Part C referral date. Exceptional family circumstances include but are not limited to: child or family illness; family on vacation; family schedule conflict; and missed or cancelled appointment.
"FERPA" means the Family Educational Rights and Privacy Act, 2 0 United States Code section 1232g and 34 C.F.R. part 99, that ensures the protection of the confidentiality of any personally identifiable data, Information, and records collected or maintained by educational agencies, including the department and early Intervention providers from the time the child is referred for early Intervention Services until the later of when the department or early Intervention Provider is no longer required to maintain or no longer maintains that Information under applicable federal and State laws.
"Home school" means the elementary school within the geographical attendance area which the child would attend, if of school age, according to the child' s legal residence or the school of origin, if residing in a homeless Situation.
"IDEA" or "Act" means the Individuals with Disabilities Education Act, 20 United States Code section 1400 et seq., and its regulations.
"Impartial" means that the person appointed to implement the due process hearing is not an employee of the department or an early Intervention provider involved in the Provision of early Intervention Services or care of the child, and does not have a personal or professional interest that would conflict with the person' s objectivity in implementing the process. A person who otherwise qualifies is not an employee of an agency solely because the person is paid by the agency to implement the due process hearing procedures or mediation procedures.
"Individual family support plan" or "IFSP" means a written plan of action for providing early Intervention Services and supports to Part C eligible children and their families. The plan, developed by families and Professionals, emanates from the families' expressions of needs and goals and is based on the multidisciplinary evaluation of the child and an assessment of the child' s family. Also referred to as "individualized family support plan" or "individualized family Service plan".
"Interim individual family support plan" means an individual family support plan that is developed prior to the completion of the evaluation and assessment because early Intervention Services have been determined by the multidisciplinary team to be needed immediately by the child and the child' s family.
"Multidisciplinary team" means two or more Service providers from separate professions or disciplines who are qualified Professionals and are identified by the case manager in collaboration with the family.
"Native language" means the language or mode of communication normally used by the parent of a child eligible under this chapter.
"Natural environments" means settings that are natural or normal for the child' s same age peers who have no disabilities.
"Parent" means a biological or adoptive parent, a foster parent who meets State requirements, a guardian (but not the State if the child is a ward of the State), an individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives or an individual who is legally responsible for the child's welfare, or a Surrogate parent who has been appointed in accordance with section 11-140-3.
"Part B" means the sections of the IDEA that refer to the responsibilities of the Department of Education in serving children from age three to twenty-one with special needs (Part B of P.L. 108-446, and its regulations).
"Part C" means the sections of the IDEA that refer to early Intervention Services for infants and toddlers (Part C of P.L. 108-446; 20 United States Code sections 1431 to 1444; 34 C.F.R. part 303 ).
"Part C eligible child" means a child under three years of age who needs early Intervention Services because the child is experiencing delayed development, as measured by appropriate diagnostic Instruments and procedures, in one or more of the following areas: cognitive development, physical development including vision and hearing, communication development, social or emotional development and adaptive development. A Part C eligible child may also include a child who has a diagnosed physical or mental condition that has a high probability of resulting in developmental delay.
"Part C program" means the department' s program for early Intervention Services.
"Part C referral date" means the date the Part C program receives the referral of the child.
"Profession or discipline" means a specific occupational category that provides early Intervention Services to children eligible under this chapter and their families, has been established or designated by the department, and has a required scope of responsibility and degree of supervision.
"Psychologist" means an individual who meets the licensure requirements of chapter 465, HRS.
"Psychosocial development" means the psychological and social aspects in the development of a child (e.g., laughs, smiles, interacts with other children, etc.). Also referred to as 'social emotional development".
"Qualified provider" means a person who has met State approved or recognized certification, licensing, registration, or other comparable requirements that apply to the area in which the individual is conducting evaluations or assessments or providing early Intervention Services.
"Self-help development" means the development of skills for caring for oneself (e.g., dressing, toileting, feeding self). Also referred to as "adaptive development".
"Speech or language development" means the child' s ability to speak or use language to communicate. Also referred to as "communication development".
