New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-M - Former Division of Mental Health and Developmental Services
Chapter He-M 500 - DEVELOPMENTAL SERVICES
Part He-M 510 - FAMILY-CENTERED EARLY SUPPORTS AND SERVICES
Section He-M 510.02 - Definitions

Universal Citation: NH Admin Rules He-M 510.02

Current through Register No. 40, October 3, 2024

The words and phrases used in these rules shall have the following meanings:

(a) "Applicant" means any person under the age of 3 whose parent requests services pursuant to He-M 510.06;

(b) "Area agency" means "area agency" as defined in RSA 171-A:2, I-b, namely, "an entity established as a nonprofit corporation in the state of New Hampshire which is established by rules adopted by the commissioner to provide services to developmentally disabled persons in the area in accordance with 42 CFR 441.301.";

(c) "Assessment" means the procedures used by personnel, as identified in He-M 510.11 (b)(1), throughout the period of a child's application and eligibility under this part to identify the child's unique strengths and needs and the services appropriate to meet those needs, and includes:

(1) A review of the multidisciplinary evaluation described in He-M 510.06 (k);

(2) Personal observations of the child; and

(3) The identification of the child's needs in each of the following areas:
a. Physical development, including vision, hearing, or both;

b. Cognitive development;

c. Communication development;

d. Social or emotional development; and

e. Adaptive development;

(d) "Assistive technology device" means any item, piece of equipment or product, whether acquired commercially "off the shelf", modified, or customized, that is used to increase, maintain, or improve the functional capabilities of a child. The term does not include medical devices that are surgically implanted, or the optimization, such as mapping, maintenance, or replacement of such devices.

(e) "At risk for substantial developmental delay" means a child is a substance-exposed newborn, or experiences 3 or more of the following, as reported by the family and documented by personnel listed in He-M 510.11 (b)(1):

(1) Documented conditions, events, or circumstances affecting the child including:
a. Birth weight less than 4 pounds;

b. Respiratory distress syndrome;

c. Gestational age less than 27 weeks or more than 44 weeks;

d. Asphyxia;

e. Infection;

f. History of abuse or neglect;

g. Prenatal drug exposure due to mother's substance abuse or withdrawal;

h. Prenatal alcohol exposure due to mother's substance abuse or withdrawal;

i. Nutritional problems that interfere with growth and development;

j. Intracranial hemorrhage grade III or IV; or

k. Homelessness; or

(2) Documented conditions, events, or circumstances affecting a parent, including:
a. Developmental disability;

b. Psychiatric disorder;

c. Family history of lack of stable housing;

d. Education less than 10th grade;

e. Social isolation;

f. Substance misuse or abuse;

g. Age of either parent less than 18 years;

h. Parent and child interactional disturbances; or

i. Founded child abuse or neglect as determined by a district court pursuant to RSA 169-C:21;

(f) "Atypical behavior" means behavior reported by the family and documented by personnel listed in He-M 510.11 (b)(1) that includes one or more of the following:

(1) Extreme fearfulness or other modes of distress that do not respond to comforting by caregivers;

(2) Self-injurious or extremely aggressive behaviors;

(3) Extreme apathy;

(4) Unusual and persistent patterns of inconsolable crying, chronic sleep disturbances, regressions in functioning, absence of pleasurable interest in adults and peers, or inability to communicate emotional needs; or

(5) Persistent failure to initiate or respond to most social situations;

(g) "Child" means an infant or toddler with a disability who is under 3 years of age and:

(1) Is at risk for or has a developmental delay;

(2) Exhibits atypical behavior; or

(3) Has an established condition;

(h) "Commissioner" means the commissioner of the New Hampshire department of health and human services or their designee;

(i) "Consent" means that:

(1) The parent has been fully informed, in the parent's native language or other mode of communication, of all information relevant to the activity for which approval is sought;

(2) The parent understands and agrees to, in writing, the carrying out of the activity for which the parent's approval is sought;

(3) The written approval describes the approved activity and lists the records, if any, that will be released and to whom; and

(4) The parent understands that the granting of approval is voluntary on the part of the parent, can be revoked at any time, and that revocation of approval is not retroactive;

(j) "Department" means the New Hampshire department of health and human services;

(k) "Developmental delay" means that a child has a 33% delay in one or more of the following areas as determined through completion of the multidisciplinary evaluation pursuant to He-M 510.06 (k):

(1) Physical development, including vision, hearing, or both;

(2) Cognitive development;

(3) Communication development;

(4) Social or emotional development; or

(5) Adaptive development;

(l) "Division for Children, Youth and Families (DCYF)" means the organizational unit of the department of health and human services that provides services to children and youth referred by courts pursuant to RSA 169-A, RSA 169-B, RSA 169-C, RSA 169-D, and RSA 463;

(m) "Early intervention specialist" means an individual certified by the bureau in accordance with the criteria in He-M 510.11 (k)-(m);

(n) "Established condition" means that a child has a diagnosed physical or mental condition that has a high probability of resulting in a developmental delay, even if no delay exists at the time of referral, as documented by the family and personnel listed in He-M 510.11 (b)(1), including, at a minimum, conditions such as:

(1) Chromosomal anomaly or genetic disorder;

(2) Inborn errors of metabolism;

(3) A congenital malformation;

(4) A severe infectious disease;

(5) A neurological disorder;

(6) A sensory impairment;

(7) A severe attachment disorder;

(8) Fetal alcohol spectrum disorder;

(9) Lead poisoning; or

(10) Toxic exposure;

(o) "Family-centered early supports and services (FCESS)" means a wide range of activities and assistance, based on peer-reviewed research to the extent practicable, that develops and maximizes the family's and other caregivers' ability to care for the child and to meet the child's needs in a flexible manner;

(q) "Family-centered early supports and services (FCESS) program" means a program under contract with the department to provide FCESS as defined in these rules;

(r) "Family support council" means the regional council established pursuant to RSA 126-G:4;

(s) "Foster parent" means a person with whom a child lives and who is licensed pursuant to He-C 6446 and certified pursuant to He-C 6347;

(t) "Frequency and intensity" means the number of days or sessions a service will be provided and whether the service will be provided on an individual or group basis;

(u) "Homeless children" means children under the age of 3 years who meet the definition given the term "homeless children and youths" in section 725 (42 U.S.C. 11434a) of the McKinney-Vento Homeless Assistance Act, as amended, 42 U.S.C. 11431 et seq;

(v) "Individualized family support plan (IFSP)" means a written plan developed in accordance with He-M 510.07 for providing supports and services to an eligible child and family;

(w) "Informed clinical opinion" means the conclusion of a professional identified pursuant to He-M 510.11 (b)(1) based on:

(1) Parent observations of the child as reported to the professional;

(2) Parent reports of the child's developmental history;

(3) The professional's multiple and direct observations of the child at home or in other community settings;

(4) The professional's review of pertinent records related to the child's current health status and medical history; and

(5) Formal measures of the child's activities and interactions with others;

(x) "Length" means the period of time the service is provided during each session of that service;

(y) "Local education agency (LEA)" means "local education agency" as defined in Ed 1102.03 (n);

(z) "Medical home" means a model of delivering primary care that is accessible, continuous, comprehensive, family-centered, coordinated, compassionate, and culturally effective;

(aa) "Method" means how a service is provided;

(ab) "Multidisciplinary" means the involvement of 2 or more individuals from separate disciplines or professions;

(ac) "Native language" means:

(1) The language normally used by the parent of the child in the home; or

(2) For a child with deafness or blindness, or for a family with no written language, the mode of communication normally used by the child and family such as sign language, Braille, or oral communication;

(ad) "Natural environment" means places and situations where the child's age peers without disabilities live, play, and grow;

(ae) "Natural supports" means people including but not limited to family, relatives, friends, neighbors, childcare providers, clergy, and social groups such as religious organizations, co-workers, and social clubs, available to provide assistance as part of everyday living as well as during critical events;

(af) "Notification" means referral of a child to the LEA and the NH department of education;

(ag) "Parent" means:

(1) A biological or adoptive parent of a child; or

(2) As identified in a judicial decree or when the biological or adoptive parent does not have legal authority to make educational or FCESS decisions on behalf of the child:
a. A guardian authorized to act as the child's parent, or authorized to make early intervention, educational, health, or developmental decisions for the child, but not the state if the child is in the custody of the New Hampshire division for children, youth, and families;

b. A foster parent as defined in (s) above;

c. An individual acting in the place of a biological or adoptive parent, including a grandparent, stepparent, or other relative with whom the child lives;

d. A surrogate parent as defined in (aq) below; or

e. Any other individual who is legally responsible for the child's welfare;

(ah) "Personally identifiable information" means:

(1) The name of the parent(s);

(2) The name of the child or other family members;

(3) The address of the child;

(4) A personal identifier such as the parent or child's social security number; or

(5) A list of personal characteristics, or other information that would make it possible to identify the child or family with reasonable certainty;

(ai) "Potentially eligible" means that an estimation has been made by the IFSP team, as described in He-M 510.07 (c), that a child might be eligible to receive preschool special education services from the child's LEA;

(aj) "Provider" means a person receiving any form of remuneration for the provision of services to a child or family applying for or receiving FCESS under He-M 510;

(ak) "Record" means, in accordance with the Family Educational Rights and Privacy Act (FERPA) and 34 CFR 99.3, any information recorded in any way including, but not limited to:

(1) Handwriting;

(2) Print;

(3) Computer media;

(4) Video or audio tape;

(5) Email;

(6) Text message; and

(7) Any other electronically stored information;

(al) "Region" means a geographic area designated pursuant to He-M 505.04 for the purpose of providing services to individuals with developmental disabilities and their families;

(am) "Scientifically-based research" means "scientifically-based research" as defined in the Elementary and Secondary Education Act (ESEA), Title IX, Part A, section 9101(37) and 20 U.S.C. 7801(37);

(an) "Service coordinator" means a person who:

(1) Is chosen or approved by the parent of the child;

(2) Is identified in He-M 510.11(b);

(3) Together with the family has the responsibility of planning, accessing, coordinating, and monitoring the delivery of services for an eligible child's and family; and

(4) Possesses experience relevant to carrying out applicable responsibilities for the child and family's needs under He-M 510;

(ao) "Setting" means the actual place(s) the services will be provided;

(ap) "Substance-exposed newborn" means "substance-exposed newborn" as defined in RSA 171-A:18-a, namely, "a newborn who was exposed to alcohol, or other drugs in utero, which may have adverse effects, whether or not this exposure is detected at birth through a drug screen or withdrawal symptoms."; and

(aq) "Surrogate parent" means a person who:

(1) Is appointed by the lead agency;

(2) Is trained by the lead agency regarding FCESS; and

(3) Acts as a child's advocate in the FCESS decision-making process, including the transition to art B services, in place of the child's:
a. Biological parents;

b. Adoptive parents; or

c. Guardian.

(See Revision Note at part heading for He-M 510) #5745, eff 12-1-93, EXPIRED: 12-1-99

New. #7234, eff 4-22-00; amd by #7822, eff 2-8-03; ss by #9135, INTERIM, eff 4-22-08, EXPIRED: 10-19-08

New. #9594, eff 11-11-09; ss by #10325, eff 4-26-13

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