Full Text of HB4407 98th General Assembly
HB4407eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning children.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Early Intervention Services System Act is | 5 | | amended by changing Section 12 as follows:
| 6 | | (325 ILCS 20/12) (from Ch. 23, par. 4162)
| 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
| 10 | | by each
public agency involved in the provision of early | 11 | | intervention
services under this Act.
| 12 | | The procedural safeguards shall provide, at a minimum, the | 13 | | following:
| 14 | | (a) The timely administrative resolution of
State | 15 | | complaints, due process hearings, and mediations as | 16 | | defined by administrative rule.
| 17 | | (b) The right to confidentiality of personally | 18 | | identifiable information.
| 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
| 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.
| 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
| 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.
| 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
| 19 | | appropriate early intervention services to the eligible | 20 | | infant or toddler.
| 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.
| 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
| 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.
| 8 | | (Source: P.A. 98-41, eff. 6-28-13.)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.
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