Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 350 - EARLY CHILDHOOD INTERVENTION SERVICES
Subchapter H - ELIGIBILITY, EVALUATION, AND ASSESSMENT
Section 350.817 - Eligibility Determination Based on Developmental Delay
Universal Citation: 26 TX Admin Code ยง 350.817
Current through Reg. 49, No. 38; September 20, 2024
(a) The contractor must:
(1) comply with all requirements in
34
CFR §
303.321(b);
(2) maintain all test protocols and other
documentation used to determine eligibility and continuing eligibility in the
child's record;
(3) provide prior
written notice to the parent when the child is determined to be ineligible for
early childhood intervention services; and
(4) ensure that all evaluations are conducted
by qualified personnel.
(b) The parent and at least two professionals from different disciplines must conduct the evaluation to determine initial and continuing eligibility based on developmental delay as defined by § 350.809(3) of this chapter (relating to Initial Eligibility Criteria). A Licensed Practitioner of the Healing Arts must be one of the two professionals. Service coordination is not considered a discipline for evaluation. The evaluation procedures must include:
(1)
administration of the standardized tool designated by the Texas Health and
Human Services Commission (HHSC) Early Childhood Intervention (ECI);
(2) taking the child's history, including
interviewing the parent;
(3)
identifying the child's level of functioning in each of the developmental areas
in
34 CFR §
303.21(a)(1);
(4) gathering information from other sources
such as family members, other caregivers, medical providers, social workers,
and educators, if necessary, to understand the full scope of the child's unique
strengths and needs;
(5) reviewing
medical, educational, and other records;
(6) in addition to
34
CFR §
303.321(b),
determining the most appropriate setting, circumstances, time of day, and
participants for the evaluation in order to capture the most accurate picture
of the child's ability to function in his or her natural environment;
and
(7) interpreting scores and
determining delay through the application of informed clinical opinion to test
results.
(c) The contractor must consider other evaluations and assessments performed by outside entities when requested by the family.
(1) The
contractor must determine whether outside evaluations and assessments:
(A) are consistent with HHSC ECI
policies;
(B) reflect the child's
current status; and
(C) have
implications for Individualized Family Service Plan development.
(2) If the family does not allow
full access to those records or to those entities or does not consent to or
does not cooperate in evaluations or assessments to verify their findings, the
contractor may discount or disregard the other evaluations and assessments
performed by outside entities.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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