(a) The Department
adopts this Chapter to govern:
(i) The
eligibility of infants and toddlers for the Part C Early Intervention Program,
and
(ii) The implementation and
maintenance of a region-wide, comprehensive, coordinated, multidisciplinary,
interagency system to provide Part C early intervention services for families
and their infant or toddler who has been identified as having developmental
delays.
(b) This program
shall be governed consistent with 34 C.F.R. Part 303.
(c) The Department may issue manuals,
bulletins, or both, to interpret the provision of this Chapter. Such manuals
and bulletins shall be consistent with and reflect the policies contained in
this Chapter. The provisions contained in manuals or bulletins shall be
subordinate to the provisions of this Chapter.
(d) Incorporation by reference.
(i) For any code, standard, rule, or
regulation incorporated by reference in these rules;
(A) The Department has determined that
incorporation of the full text in these rules would be cumbersome or
inefficient given the length or nature of the rules;
(B) The incorporation by reference does not
include any later amendments or editions of the incorporated matter beyond the
applicable date identified in subsection (ii) of this section; and
(C) The incorporated code, standard, rule, or
regulation is maintained at the Behavioral Health Division and is available for
public inspection. Copies are available from the Division at the cost of the
person requesting the copy.
(ii) Each code, standard, rule, or regulation
incorporated by reference is further identified as follows:
(A) 34 C.F.R. Part 303, which is referenced
throughout these rules and serves as the United States Department of
Education's rules governing early intervention programs for infants and
toddlers with disabilities and. Copies are available at the Division's website:
http://www.health.wyo.gov/behavioralhealth/dd/earlyedu/.
(B)
Rules, Office of Administrative
Hearings, General Agency, Board or Commission Rules, Chapter 2 (2017),
which are referred to in Section
9 as the "OAH Contested Case Rules" and are
publically available at: http://rules.wyo.gov.
(e) The Division may recover funds from an
Early Intervention Service Provider for services to any infant or toddler
erroneously classified and reported to the Division as an infant or toddler
with a developmental delay.
