HAR §11-140-5. Eligibility determination

(a) The multidisciplinary team shall determine whether the child is eligible for early intervention services due to delayed development or biological risk, consistent with section 11-140-4. (b) Written parental consent, consistent with section 11-140-S(d), shall be obtained by the case manager before conducting the initial evaluation of a child referred to determine eligibility. (c) Any child who may be eligible for early intervention services due to delayed development or is eligible due to biological risk, consistent with sections 11-140-4(b) and (c), shall receive a timely, comprehensive, multidisciplinary evaluation by a 140-9 §11-140-5 department approved multidisciplinary team, using a standardized evaluation instrument specified by the department. (d) The evaluation shall consist of the following (1) (2) components: Administering an evaluation instrument; Identifying the child's level of functioning in each of the child's developmental areas identified in section ll-140-4(b); (3) Taking the child's history, including interviewing the parent; (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; and (5) Reviewing medical, educational, or other records. (e) The multidisciplinary evaluation shall be completed within forty-five days after the Part C referral date. In the event the child or parent is unavailable to complete the initial evaluation or assessment due to exceptional family circumstances or the parent has not provided consent despite documented, repeated attempts by the early intervention provider so that it is impossible to complete the evaluation within forty-five days from the Part C referral date, the case manager shall document the exceptional circumstances or repeated attempts to reach the family and complete the initial evaluation as soon as possible. (f) In the event that the multidisciplinary evaluation cannot be completed within forty-five days as described in subsection (d), an interim IFSP may be developed and implemented to the extent appropriate and consistent with section ll-140-6(g). (g) If the child is determined eligible due to delayed development or biological risk, consistent with section 11-140-4, the following shall occur: (1) A multidisciplinary assessment of the unique needs of the child and the identification of 140-10 17 §11-140-5 early intervention services appropriate to meet those needs; and (2) A family-directed assessment of the resources, priorities, and concerns of the family and the identification of the supports and services necessary to enhance the family's capacity to meet the developmental needs of the child. The child and family assessments may occur simultaneously with the evaluation. (h) The multidisciplinary evaluation and assessment process for continued eligibility shall be completed annually, prior to the annual IFSP, for a child found eligible due to delayed development, consistent with section 11-140-4(b). (i) The multidisciplinary evaluation and assessment process for the child found eligible due to biological risk, consistent with section 11-140-4(c), shall be completed annually to determine if there is a change in the services needed by the child and the child's family to support the child's development. (j) Qualified personnel shall use informed clinical opinion when conducting an evaluation and assessment of the child. Informed clinical opinion may be used to establish eligibility when the evaluation instrument does not establish eligibility; however informed clinical opinion shall not be used to negate the results of evaluation instruments used to establish eligibility. (k) All evaluations and assessments of the child and family shall be conducted by qualified personnel, in a nondiscriminatory manner, and selected and administered so as not to be racially or culturally discriminatory. (1) Unless clearly not feasible to do so, all evaluations and assessments of a child shall be conducted in the native language of the child and family assessments shall be conducted in the native language of the family members. (m) If, based on the evaluation it is determined that a child is not eligible, the parent shall be provided with written notice regarding the child's 140-11 §11-140- 5 ineligibility. The notice shall include information about the parent's right to dispute the eligibility determination through dispute resolution mechanisms. The parent shall also receive written information about community resources and activities to support the child's development. (n) A child receiving early intervention services on the effective date of this chapter shall remain eligible for services until the determination at the meeting required by section 11-140-6(c) (3). This subsection shall apply to those evaluations conducted under subsection (h) . [Ef f SEP 2 0 2013 (Auth: HRS §321-354) (Imp: HRS §321-352; 34 C.F.R. §§303.310, 303.321, 303.342 to 303.346)