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| 1 | AN ACT concerning children.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Early Intervention Services System Act is | ||||||
| 5 | amended by changing Section 12 as follows:
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| 6 | (325 ILCS 20/12) (from Ch. 23, par. 4162)
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| 7 | Sec. 12. Procedural Safeguards. The lead agency shall adopt | ||||||
| 8 | procedural safeguards that meet federal
requirements and | ||||||
| 9 | ensure effective implementation of the safeguards
for families
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| 10 | by each
public agency involved in the provision of early | ||||||
| 11 | intervention
services under this Act.
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| 12 | The procedural safeguards shall provide, at a minimum, the | ||||||
| 13 | following:
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| 14 | (a) The timely administrative resolution of
State | ||||||
| 15 | complaints, due process hearings, and mediations as | ||||||
| 16 | defined by administrative rule.
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| 17 | (b) The right to confidentiality of personally | ||||||
| 18 | identifiable information.
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| 19 | (c) The opportunity for parents and a guardian to | ||||||
| 20 | examine and receive
copies of records relating to | ||||||
| 21 | evaluations and assessments, screening, eligibility
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| 22 | determinations, and the development and implementation of | ||||||
| 23 | the
Individualized Family Service Plan provision of early | ||||||
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| 1 | intervention services, individual complaints involving the | ||||||
| 2 | child, or any part of the child's early intervention | ||||||
| 3 | record.
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| 4 | (d) Procedures to protect the rights of the eligible | ||||||
| 5 | infant or toddler
whenever the parents or guardians of the | ||||||
| 6 | child are not known or unavailable
or the child is a ward | ||||||
| 7 | of the State, including the assignment of an
individual | ||||||
| 8 | (who shall not be an employee of the State agency or local
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| 9 | agency providing services) to act as a surrogate for the | ||||||
| 10 | parents or guardian. The regional intake entity must make | ||||||
| 11 | reasonable efforts to ensure the assignment of a surrogate | ||||||
| 12 | parent not more than 30 days after a public agency | ||||||
| 13 | determines that the child needs a surrogate parent.
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| 14 | (e) Timely written prior notice to the parents or | ||||||
| 15 | guardian of the
eligible infant or toddler whenever the | ||||||
| 16 | State agency or public or private
service provider proposes | ||||||
| 17 | to initiate or change or refuses to initiate or
change the | ||||||
| 18 | identification, evaluation, placement, or the provision of
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| 19 | appropriate early intervention services to the eligible | ||||||
| 20 | infant or toddler.
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| 21 | (f) Written prior notice to fully inform the parents or | ||||||
| 22 | guardians, in
their native language or mode of | ||||||
| 23 | communication used by the parent, unless clearly not | ||||||
| 24 | feasible to do so, in a comprehensible manner, of these | ||||||
| 25 | procedural
safeguards.
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| 26 | (g) During the pendency of any State complaint | ||||||
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| 1 | procedure, due process hearing, or mediation proceedings | ||||||
| 2 | or action involving a
complaint, unless the State agency | ||||||
| 3 | and the parents or guardian otherwise
agree, the child | ||||||
| 4 | shall continue to receive the appropriate early
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| 5 | intervention services currently being provided, or in the | ||||||
| 6 | case of an
application for initial services, the child | ||||||
| 7 | shall receive the services not in
dispute.
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| 8 | (Source: P.A. 98-41, eff. 6-28-13.)
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| 9 | Section 99. Effective date. This Act takes effect upon | ||||||
| 10 | becoming law.
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