HAR §11-140-4. Eligibility criteria

(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, 140-8 §11-140-5 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. [Eff SEP 2 0 2013 ] (Auth: HRS §321-354) (Imp: HRS §321-352)