SECTIONS 95016-95022 - California Statutes

GOVERNMENT CODE

SECTION 95016-95022

95016. (a) Each infant or toddler referred for evaluation for early
intervention services shall have a timely, comprehensive,
multidisciplinary evaluation of his or her needs and level of
functioning in order to determine eligibility. In the process of
determining eligibility of an infant or toddler, an assessment shall
be conducted by qualified personnel, and shall include a family
interview, to identify the child's unique strengths and needs and the
services appropriate to meet those needs; and the resources,
priorities, and concerns of the family and the supports and services
necessary to enhance the family's capacity to meet the developmental
needs of their infant or toddler. Evaluations and assessments shall
be shared and utilized between the regional center and the local
educational agency, and any other agency providing services for the
eligible infant or toddler, as appropriate. Family assessments shall
be family directed and voluntary on the part of the family. Families
shall be afforded the opportunity to participate in all decisions
regarding eligibility and services.
(b) Regional centers and local educational agencies or their
designees shall be responsible for ensuring that the requirements of
this section are implemented. The procedures, requirements, and
timelines for evaluation and assessment shall be consistent with the
statutes and regulations under Part C of the federal Individuals with
Disabilities Education Act (20 U.S.C. Sec. 1431 et seq.), applicable
regulations, and this title, and shall be specified in regulations
adopted pursuant to Section 95028.

95018. Each eligible infant or toddler and family shall be provided
a service coordinator who will be responsible for facilitating the
implementation of the individualized family service plan and for
coordinating with other agencies and persons providing services to
the family. The qualifications, responsibilities, and functions of
service coordinators shall be consistent with the statutes and
regulations under Part C and this title, and shall be specified in
regulations adopted pursuant to Section 95028. The State Department
of Developmental Services shall ensure that service coordinators, as
defined in federal law, meet federal and state regulation
requirements, are trained to work with infants and their families,
and meet competency requirements set forth in Section 303.22(d) of
Title 34 of the Code of Federal Regulations. Service coordinator
caseloads shall be an overall average of 62 consumers to each staff
member. Pursuant to Section 303.521 of Title 34 of the Code of
Federal Regulations, service coordination is not subject to any fees
that might be established for any other federal or state program.

95020. (a) An eligible infant or toddler shall have an
individualized family service plan. The individualized family service
plan shall be used in place of an individualized education program
required pursuant to Sections 4646 and 4646.5 of the Welfare and
Institutions Code, the individualized program plan required pursuant
to Section 56340 of the Education Code, or any other applicable
service plan.
(b) For an infant or toddler who has been evaluated for the first
time, a meeting to share the results of the evaluation, to determine
eligibility and, for children who are eligible, to develop the
initial individualized family service plan shall be conducted within
45 calendar days of receipt of the written referral. Evaluation
results and determination of eligibility may be shared in a meeting
with the family prior to the individualized family service plan.
Written parent consent to evaluate and assess shall be obtained
within the 45-day timeline. A regional center, local educational
agency, or the designee of one of those entities shall initiate and
conduct this meeting. Families shall be afforded the opportunity to
participate in all decisions regarding eligibility and services.
(c) Parents shall be fully informed of their rights, including the
right to invite another person, including a family member or an
advocate or peer parent, or any or all of them, to accompany them to
any or all individualized family service plan meetings. With parental
consent, a referral shall be made to the local family resource
center or network.
(d) The individualized family service plan shall be in writing and
shall address all of the following:
(1) A statement of the infant's or toddler's present levels of
physical development including vision, hearing, and health status,
cognitive development, communication development, social and
emotional development, and adaptive developments.
(2) With the concurrence of the family, a statement of the family'
s concerns, priorities, and resources related to meeting the special
developmental needs of the eligible infant or toddler.
(3) A statement of the major outcomes expected to be achieved for
the infant or toddler and family where services for the family are
related to meeting the special developmental needs of the eligible
infant or toddler.
(4) The criteria, procedures, and timelines used to determine the
degree to which progress toward achieving the outcomes is being made
and whether modifications or revisions are necessary.
(5) (A) A statement of the specific early intervention services
necessary to meet the unique needs of the infant or toddler as
identified in paragraph (3), including, but not limited to, the
frequency, intensity, location, duration, and method of delivering
the services, and ways of providing services in natural generic
environments, including group training for parents on behavioral
intervention techniques in lieu of some or all of the in-home parent
training component of the behavior intervention services, and
purchase of neighborhood preschool services and needed qualified
personnel in lieu of infant development programs.
(B) Effective July 1, 2009, at the time of development, review, or
modification of an infant's or toddler's individualized family
service plan, the regional center shall consider both of the
following:
(i) The use of group training for parents on behavior intervention
techniques, in lieu of some or all of the in-home parent training
component of the behavior intervention services.
(ii) The purchase of neighborhood preschool services and needed
qualified personnel, in lieu of infant development programs.
(6) A statement of the agency responsible for providing the
identified services.
(7) The name of the service coordinator who shall be responsible
for facilitating implementation of the plan and coordinating with
other agencies and persons.
(8) The steps to be taken to ensure transition of the infant or
toddler upon reaching three years of age to other appropriate
services. These may include, as appropriate, special education or
other services offered in natural environments.
(9) The projected dates for the initiation of services in
paragraph (5) and the anticipated duration of those services.
(e) Each service identified on the individualized family service
plan shall be designated as one of three types:
(1) An early intervention service, as defined in subsection (4) of
Section 1432 of Title 20 of the United States Code, and applicable
regulations, that is provided or purchased through the regional
center, local educational agency, or other participating agency. The
State Department of Health Care Services, State Department of Social
Services, State Department of Mental Health, and State Department of
Alcohol and Drug Programs shall provide services in accordance with
state and federal law and applicable regulations, and up to the level
of funding as appropriated by the Legislature. Early intervention
services identified on an individualized family service plan that
exceed the funding, statutory, and regulatory requirements of these
departments shall be provided or purchased by regional centers or
local educational agencies under subdivisions (b) and (c) of Section
95014. The State Department of Health Care Services, State Department
of Social Services, State Department of Mental Health, and State
Department of Alcohol and Drug Programs shall not be required to
provide early intervention services over their existing funding,
statutory, and regulatory requirements.
(2) Another service, other than those specified in paragraph (1),
which the eligible infant or toddler or his or her family may receive
from other state programs, subject to the eligibility standards of
those programs.
(3) A referral to a nonrequired service that may be provided to an
eligible infant or toddler or his or her family. Nonrequired
services are those services that are not defined as early
intervention services or do not relate to meeting the special
developmental needs of an eligible infant or toddler related to the
disability, but that may be helpful to the family. The granting or
denial of nonrequired services by a public or private agency is not
subject to appeal under this title. Notwithstanding any other
provision of law or regulation to the contrary, effective July 1,
2009, with the exception of durable medical equipment, regional
centers shall not purchase nonrequired services, but may refer a
family to a nonrequired service that may be available to an eligible
infant or toddler or his or her family.
(f) An annual review, and other periodic reviews, of the
individualized family service plan for an infant or toddler and the
infant's or toddler's family shall be conducted to determine the
degree of progress that is being made in achieving the outcomes
specified in the plan and whether modification or revision of the
outcomes or services is necessary. The frequency, participants,
purpose, and required processes for annual and periodic reviews shall
be consistent with the statutes and regulations under Part C of the
federal Individuals with Disabilities Education Act (20 U.S.C. Sec.
1431 et seq.) and this title, and shall be specified in regulations
adopted pursuant to Section 95028.

95021. (a) Effective July 1, 2009, notwithstanding any other
provision of law or regulation to the contrary, any vendor who
provides applied behavioral analysis (ABA) services or intensive
behavioral intervention services, or both, as defined in subdivision
(d), shall:
(1) Conduct a behavioral assessment of each infant or toddler to
whom the vendor provides these services.
(2) Design an intervention plan that shall include the service
type, number of hours, and parent participation needed to achieve the
goals and objectives of the infant or toddler, as set forth in his
or her individualized family service plan (IFSP). The intervention
plan shall also set forth the frequency at which the progress of the
infant or toddler shall be evaluated and reported.
(3) Provide a copy of the intervention plan to the regional center
for review and consideration by the planning team members.
(b) Effective July 1, 2009, notwithstanding any other provision of
law or regulation to the contrary, regional centers shall:
(1) Only purchase ABA services or intensive behavioral
intervention services that reflect evidence-based practices, promote
positive social behaviors, and ameliorate behaviors that interfere
with learning and social interactions.
(2) Only purchase ABA or intensive behavioral intervention
services when the parent or parents of an infant or toddler receiving
services participate in the intervention plan for the infant or
toddler, given the critical nature of parent participation to the
success of the intervention plan.
(3) Not purchase either ABA or intensive behavioral intervention
services for purposes of providing respite, day care, or school
services.
(4) Discontinue purchasing ABA or intensive behavioral
intervention services for an infant or toddler when his or her
treatment goals and objectives, as described under subdivision (a),
are achieved. ABA or intensive behavioral intervention services shall
not be discontinued until the goals and objectives are reviewed and
updated as required in paragraph (5) and shall be discontinued only
if those updated treatment goals and objectives do not require ABA or
intensive behavioral intervention services.
(5) For each infant or toddler, evaluate the vendor's intervention
plan and number of service hours for ABA or intensive behavioral
intervention no less than every six months, consistent with
evidence-based practices. If necessary, the intervention plan's
treatment goals and objectives shall be updated and revised.
(6) Not reimburse a parent for participating in a behavioral
services treatment program.
(c) For infants and toddlers receiving ABA or behavioral
intervention services on July 1, 2009, as part of their IFSP,
subdivision (b) shall apply on August 1, 2009.
(d) For purposes of this section the following definitions shall
apply:
(1) "Applied behavioral analysis" means the design,
implementation, and evaluation of systematic instructional and
environmental modifications to promote positive social behaviors and
reduce or ameliorate behaviors which interfere with learning and
social interaction.
(2) "Intensive behavioral intervention" means any form of applied
behavioral analysis that is comprehensive, designed to address all
domains of functioning, and provided in multiple settings for no more
than 40 hours per week, across all settings, depending on the
individual's needs and progress. Interventions can be delivered in a
one-to-one ratio or small group format, as appropriate.
(3) "Evidence-based practice" means a decisionmaking process which
integrates the best available scientifically rigorous research,
clinical expertise, and individual's characteristics. Evidence-based
practice is an approach to treatment rather than a specific
treatment. Evidence-based practice promotes the collection,
interpretation, integration, and continuous evaluation of valid,
important, and applicable individual- or family-reported,
clinically-observed, and research-supported evidence. The best
available evidence, matched to infant or toddler circumstances and
preferences, is applied to ensure the quality of clinical judgments
and facilitates the most cost-effective care.
(4) "Parent" has the same meaning as defined in paragraph (15) of
subdivision (b) of Section 52000 of Title 17 of the California Code
of Regulations.
(5) "Parent participation" shall include, but shall not be limited
to, the following meanings:
(A) Completion of group instruction on the basics of behavior
intervention.
(B) Implementation of intervention strategies according to the
intervention plan.
(C) If needed, collection of data on behavioral strategies and
submission of that data to the provider for incorporation into
progress reports.
(D) Participation in any needed clinical meetings.
(E) Purchase of suggested behavior modification materials or
community involvement if a reward system is used.

95022. The statewide system of early intervention shall be
administered by the State Department of Developmental Services in
collaboration with the State Department of Education and with the
advice and assistance of an interagency coordinating council
established pursuant to federal regulations and shall include all of
the following mandatory components:
(a) A central directory that includes information about early
intervention services, resources, and experts available in the state,
professionals and other groups providing services to eligible
infants and toddlers, and research and demonstration projects being
conducted in the state. The central directory shall specify the
nature and scope of the services available and the telephone number
and address for each of the sources listed in the directory.
(b) A public awareness program focusing on early identification of
eligible infants and toddlers and the dissemination of information
about the purpose and scope of the system of early intervention
services and how to access evaluation and other early intervention
services.
(c) Personnel standards that ensure that personnel are
appropriately and adequately prepared and trained.
(d) A comprehensive system of personnel development that provides
training for personnel including, but not limited to, public and
private providers, primary referral sources, paraprofessionals, and
persons who will serve as service coordinators. The training shall
specifically address at least all of the following:
(1) Understanding the early intervention services system,
including the family service plan process.
(2) Meeting the interrelated social, emotional, and health needs
of eligible infants and toddlers.
(3) Assisting families in meeting the special developmental needs
of the infant or toddler, assisting professionals to utilize best
practices in family focused early intervention services and promoting
family professional collaboration.
(4) Reflecting the unique needs of local communities and promoting
culturally competent service delivery.
(e) A comprehensive child-find system, including policies and
procedures that ensure that all infants and toddlers who may be
eligible for services under this title are identified, located, and
evaluated, that services are coordinated between participating
agencies, and that infants and toddlers are referred to the
appropriate agency.
(f) A surrogate parent program established pursuant to Section
303.406 of Title 34 of the Code of Federal Regulations to be used by
regional centers and local education agencies.