(a) A child under
the age of three years with delayed development or at biological risk as set
forth in this section shall be eligible for early Intervention
Services.
(b) A child has delayed
development when a significant delay is identified in one or more of the
following areas of development: Cognition, speech, language, physical, motor,
vision, hearing, psychosocial, or self-help skills, using a standardized
evaluation instrument specified by the department. A delay is significant when:
(1) The child' s aggregate score derived upon
completion of the evaluation instrument is at least 1.4 Standard deviations
below the mean for the instrument in any area or sub-area of
development;
(2) The child' s
aggregate score derived upon completion of the evaluation instrument is at
least 1.0 Standard deviations below the mean for the instrument in two or more
areas or sub-areas of development; or
(3) The multidisciplinary team, based on its
observations and informed clinical opinion, determines that the child' s score
cannot be measured by the evaluation instrument.
(c) A child is at biological risk when the
multidisciplinary team receives a Statement or report signed by a qualified
provider that includes the diagnosis of a physical or mental condition and the
team determines that the diagnosis has a high probability of resulting in
delayed development if early Intervention Services are not provided. The
physical or mental condition may include but is not limited to:
(1) Chromosomal abnormality, such as Fragile
X Syndrome, Prader-Willi Syndrome, or Trisomy 21 (Down Syndrome);
(2) Genetic or congenital disorder, such as
cleft lip and palate, muscular dystrophy, neurofibromatosis, Osteogenesis
imperfecta, or spina bifida;
(3)
Severe sensory impairment, such as hearing or vision loss;
(4) Inborn error of metabolism, such as a
disorder in metabolism of amino acids, lipids, or carbohydrates;
(5) Disorder in development of the nervous
system, such as cerebral palsy or seizure disorder;
(6) Congenital infection, such as human
immunodeficiency virus, cytomegalovirus, or toxoplasmosis;
(7) Disorder secondary to exposure to toxic
substances, such as fetal alcohol Syndrome or lead toxicity;
(8) Severe attachment disorder, such as
reactive attachment disorder due to neglect, abuse, or frequently changing
caregiver;
(9) Autism Spectrum
Disorder, such as Autistic Disorder, Asperger' s Disorder, or Pervasive
Developmental Disorder, Not Otherwise Specified; and
(10) Other conditions specified by the
department.
