Illinois Compiled Statutes
ILCS Listing
Public
Acts Search
Guide
Disclaimer
Information maintained by the Legislative
Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site as Public
Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Guide.
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
325 ILCS 20/12
(325 ILCS 20/12) (from Ch. 23, par. 4162)
(Section scheduled to be repealed on July 1, 2026)
Sec. 12. Procedural safeguards. The lead agency shall adopt procedural safeguards that meet federal
requirements and ensure effective implementation of the safeguards
for families
by each
public agency involved in the provision of early intervention
services under this Act.
The procedural safeguards shall provide, at a minimum, the following:
(a) The timely administrative resolution of State | | complaints, due process hearings, and mediations as defined by administrative rule.
|
|
(b) The right to confidentiality of personally
| | identifiable information.
|
|
(c) The opportunity for parents and a guardian to
| | examine and receive copies of records relating to evaluations and assessments, screening, eligibility determinations, and the development and implementation of the Individualized Family Service Plan provision of early intervention services, individual complaints involving the child, or any part of the child's early intervention record.
|
|
(d) Procedures to protect the rights of the eligible
| | infant or toddler whenever the parents or guardians of the child are not known or unavailable or the child is a youth in care as defined in Section 4d of the Children and Family Services Act, including the assignment of an individual (who shall not be an employee of the State agency or local agency providing services) to act as a surrogate for the parents or guardian. The regional intake entity must make reasonable efforts to ensure the assignment of a surrogate parent not more than 30 days after a public agency determines that the child needs a surrogate parent.
|
|
(e) Timely written prior notice to the parents or
| | guardian of the eligible infant or toddler whenever the State agency or public or private service provider proposes to initiate or change or refuses to initiate or change the identification, evaluation, placement, or the provision of appropriate early intervention services to the eligible infant or toddler.
|
|
(f) Written prior notice to fully inform the parents
| | or guardians, in their native language or mode of communication used by the parent, unless clearly not feasible to do so, in a comprehensible manner, of these procedural safeguards.
|
|
(g) During the pendency of any State complaint
| | procedure, due process hearing, or mediation involving a complaint, unless the State agency and the parents or guardian otherwise agree, the child shall continue to receive the appropriate early intervention services currently being provided, or in the case of an application for initial services, the child shall receive the services not in dispute.
|
|
(Source: P.A. 100-159, eff. 8-18-17.)
|
|
