Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 140 - EARLY INTERVENTION SERVICES FOR INFANTS AND TODDLERS
Section 11-140-8 - Procedural safeguards
Current through February, 2024
(a) The department shall ensure the effective Implementation of procedural safeguards by each early Intervention Provider that is involved in the provision of early Intervention Services.
(b) Procedural safeguards shall be developed and implemented to protect the confidentiality of children referred or eligible or both for early Intervention Services and their families from the time the child is referred for early Intervention Services until the later of when the early Intervention provider is no longer required to maintain or no longer maintains that Information under applicable federal and State laws.
(c) The department and all participants providing early Intervention Services shall ensure the protection of the confidentiality of any personally identifiable data, Information, and records collected or maintained by the department or the early Intervention provider in accordance with the Protections under FERPA and the Part C confidentiality procedures. Families shall receive notice that is adequate to fully inform them about these requirements.
(d) The department shall obtain the family' s written consent prior to the exchange of Information among agencies. Effective written consent requires that:
If a parent revokes consent, the revocation is not retroactive, meaning that it does not apply to an action that occurred before the consent was revoked.
(e) Parents of an eligible child shall be afforded the opportunity to inspect and review all Part C early Intervention records about the child and the child' s family that are collected, maintained, or used, including records relating to evaluations and assessments, eligibility determinations, development and implementation of individual family support plans, Provision of early Intervention Services, individual complaints involving the child, and any other records about the child and the child' s family. The parent' s request to review any early Intervention records shall be complied with without any unnecessary delay and before any meeting regarding an individual family support plan or hearing and in no case more than ten days after the request has been made, unless there is documentation that the parent does not have authority to review the records. If the record includes Information on more than one child, the parent has the right to inspect and review Information only relating to their child.
(f) The early Intervention provider shall keep a record of parties obtaining access to the early Intervention records (except for parents and their authorized representatives and employees of the early Intervention agency), including the name, the date access was given, and the purpose for which the individual is authorized to use the early Intervention record.
(g) A parent who believes that Information in the early Intervention record collected, maintained, or used is inaccurate, misleading, or violates the privacy or other right of the child or parent may request that the early Intervention provider amend the Information.
(h) The early Intervention provider may Charge a fee for copies of records that are made for parents if the fee does not effectively prevent the parents from exercising their right to inspect and review those records. However,
(i) Prior written notice shall be provided to the parents a reasonable time before the department or early Intervention provider proposes, or refuses, to initiate or change the identification, evaluation, or placement of their child, or the Provision of early Intervention Services to the child and the child' s family. The content of the notice shall be in sufficient detail to inform the parents about:
(j) The notice must be:
(k) Written parental consent shall be obtained by the case manager before:
(l) If a parent does not give consent, the department or early Intervention provider shall make reasonable efforts to ensure that the parent:
(m) The department may not use the due process hearing procedure to challenge a parent' s refusal to provide any consent that is required, consistent with subsection (l).
(n) The parents have the right to determine whether they, their child with delayed development or at biological risk, or other family members will accept or decline any early Intervention Service, and may decline a Service after first accepting it without jeopardizing the other early intervention Services.