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
soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
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 20/3)
(from Ch. 23, par. 4153)
As used in this Act:
(a) "Eligible infants and toddlers" means infants and toddlers
under 36 months of age with any of the following conditions:
(1) Developmental delays.
(2) A physical or mental condition which typically
results in developmental delay.
(3) Being at risk of having substantial developmental
delays based on informed clinical opinion.
(4) Either (A) having entered the program under any
of the circumstances listed in paragraphs (1) through (3) of this subsection but no longer meeting the current eligibility criteria under those paragraphs, and continuing to have any measurable delay, or (B) not having attained a level of development in each area, including (i) cognitive, (ii) physical (including vision and hearing), (iii) language, speech, and communication, (iv) social or emotional, or (v) adaptive, that is at least at the mean of the child's age equivalent peers; and, in addition to either item (A) or item (B), (C) having been determined by the multidisciplinary individualized family service plan team to require the continuation of early intervention services in order to support continuing developmental progress, pursuant to the child's needs and provided in an appropriate developmental manner. The type, frequency, and intensity of services shall differ from the initial individualized family services plan because of the child's developmental progress, and may consist of only service coordination, evaluation, and assessments.
"Eligible infants and toddlers" includes any child under the age of 3 who is the subject of a substantiated case of child abuse or neglect as defined in the federal Child Abuse Prevention and Treatment Act.
(b) "Developmental delay" means a delay in one or more of the following
areas of childhood development as measured by appropriate diagnostic
instruments and standard procedures: cognitive; physical, including vision
and hearing; language, speech and communication; social or emotional;
or adaptive. The term means a delay of 30% or more below the mean in
function in one or more of those areas.
(c) "Physical or mental condition which typically results in developmental
(1) a diagnosed medical disorder or exposure to a
toxic substance bearing a relatively well known expectancy for developmental outcomes within varying ranges of developmental disabilities; or
(2) a history of prenatal, perinatal, neonatal or
early developmental events suggestive of biological insults to the developing central nervous system and which either singly or collectively increase the probability of developing a disability or delay based on a medical history.
(d) "Informed clinical opinion" means both clinical observations and
parental participation to determine eligibility by a consensus of a
multidisciplinary team of 2 or more members based on their professional
experience and expertise.
(e) "Early intervention services" means services which:
(1) are designed to meet the developmental needs of
each child eligible under this Act and the needs of his or her family;
(2) are selected in collaboration with the child's
(3) are provided under public supervision;
(4) are provided at no cost except where a schedule
of sliding scale fees or other system of payments by families has been adopted in accordance with State and federal law;
(5) are designed to meet an infant's or toddler's
developmental needs in any of the following areas:
(A) physical development, including vision and
(B) cognitive development,
(C) communication development,
(D) social or emotional development, or
(E) adaptive development;
(6) meet the standards of the State, including the
requirements of this Act;
(7) include one or more of the following:
(A) family training,
(B) social work services, including counseling,
(C) special instruction,
(D) speech, language pathology and audiology,
(E) occupational therapy,
(F) physical therapy,
(G) psychological services,
(H) service coordination services,
(I) medical services only for diagnostic or
(J) early identification, screening, and
(K) health services specified by the lead agency
as necessary to enable the infant or toddler to benefit from the other early intervention services,
(L) vision services,
(N) assistive technology devices and services,
(O) nursing services,
(P) nutrition services, and
(Q) sign language and cued language services;
(8) are provided by qualified personnel, including
(A) child development specialists or special
educators, including teachers of children with hearing impairments (including deafness) and teachers of children with vision impairments (including blindness),
(B) speech and language pathologists and
(C) occupational therapists,
(D) physical therapists,
(E) social workers,
(G) dietitian nutritionists,
(H) vision specialists, including
ophthalmologists and optometrists,
(I) psychologists, and
(9) are provided in conformity with an Individualized
(10) are provided throughout the year; and
(11) are provided in natural environments, to the
maximum extent appropriate, which may include the home and community settings, unless justification is provided consistent with federal regulations adopted under Sections 1431 through 1444 of Title 20 of the United States Code.
(f) "Individualized Family Service Plan" or "Plan" means a written plan for
providing early intervention services to a child eligible under this Act
and the child's family, as set forth in Section 11.
(g) "Local interagency agreement" means an agreement entered into by
local community and State and regional agencies receiving early
intervention funds directly from the State and made in accordance with
State interagency agreements providing for the delivery of early
intervention services within a local community area.
(h) "Council" means the Illinois Interagency Council on Early
Intervention established under Section 4.
(i) "Lead agency" means the State agency
responsible for administering this Act and
receiving and disbursing public funds received in accordance with State and
federal law and rules.
(i-5) "Central billing office" means the central billing office created by
the lead agency under Section 13.
(j) "Child find" means a service which identifies eligible infants and
(k) "Regional intake entity" means the lead agency's designated entity
responsible for implementation of the Early Intervention Services System within
its designated geographic area.
(l) "Early intervention provider" means an individual who is qualified, as
defined by the lead agency, to provide one or more types of early intervention
services, and who has enrolled as a provider in the early intervention program.
(m) "Fully credentialed early intervention provider" means an individual who
has met the standards in the State applicable to the relevant
profession, and has met such other qualifications as the lead agency has
determined are suitable for personnel providing early intervention services,
including pediatric experience, education, and continuing education. The lead
agency shall establish these qualifications by rule filed no later than 180
after the effective date of this amendatory Act of the 92nd General Assembly.
(n) "Telehealth" has the meaning given to that term in Section 5 of the Telehealth Act.
(Source: P.A. 101-10, eff. 6-5-19; 102-104, eff. 7-22-21; 102-926, eff. 5-27-22.)