State of Illinois
90th General Assembly
Legislation

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90_HB1578

      325 ILCS 20/3             from Ch. 23, par. 4153
      325 ILCS 20/5             from Ch. 23, par. 4155
          Amends  the  Early  Intervention  Services  System   Act.
      Provides  that  the Department of Human Services (rather than
      an agency designated by the    Governor)  is  designated  the
      "lead agency" for purposes of administering the  Act.
                                                     LRB9004857DJcd
                                               LRB9004857DJcd
 1        AN  ACT  to  amend the Early Intervention Services System
 2    Act by  changing Sections 3 and 5.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Early Intervention Services System Act is
 6    amended  by changing Sections 3 and 5 as follows:
 7        (325 ILCS 20/3) (from Ch. 23, par. 4153)
 8        Sec. 3.  Definitions.  As used in this Act:
 9        (a)  "Eligible  infants  and  toddlers" means infants and
10    toddlers under 36 months of age with  any  of  the  following
11    conditions:
12             (1)  Disabilities due to developmental delay.
13             (2)  A physical or mental condition which has a high
14        probability of resulting in developmental delay.
15             (3)  Being    at    risk   of   having   substantial
16        developmental delays due to a    combination  of  serious
17        factors.
18        (b)  "Developmental  delay"  means a delay in one or more
19    of the following areas of childhood development  as  measured
20    by    appropriate   diagnostic   instruments   and   standard
21    procedures:  cognitive;  physical,   including   vision   and
22    hearing;  language,  speech and communication; psycho-social;
23    or self-help skills.
24        (c)  "Physical or  mental  condition  which  has  a  high
25    probability of resulting in developmental delay" means:
26             (1)  a   diagnosed   medical   disorder   bearing  a
27        relatively  well  known  expectancy   for   developmental
28        outcomes   within   varying   ranges   of   developmental
29        disabilities; or
30             (2)  a  history  of prenatal, perinatal, neonatal or
31        early  developmental  events  suggestive  of   biological
                            -2-                LRB9004857DJcd
 1        insults  to  the  developing  central  nervous system and
 2        which  either  singly  or   collectively   increase   the
 3        probability  of developing a disability or delay based on
 4        a medical history.
 5        (d)  "At risk of having substantial developmental  delay"
 6    means  the  presence of at least 3 at risk conditions, plus a
 7    consensus based on clinical judgment, that  the  presence  of
 8    these conditions warrants a risk of substantial developmental
 9    delay  if  early  intervention  services are not provided.  A
10    list of at risk conditions shall be developed by the Illinois
11    Interagency Council on Early Intervention.  When  relying  on
12    clinical  judgment, which includes both clinical observations
13    and parental participation, a  developmental  delay  will  be
14    determined  by a consensus of an interdisciplinary team of at
15    least  2  or  more  members  based  on   their   professional
16    experience and expertise.
17        (e)  "Early intervention services" means services which:
18             (1)  are designed to meet the developmental needs of
19        each  child  eligible under this Act and the needs of his
20        or her family;
21             (2)  are selected in collaboration with the  child's
22        family;
23             (3)  are provided under public supervision;
24             (4)  are provided at no cost except where a schedule
25        of  sliding  scale  fees  or  other system of payments by
26        families has been adopted in accordance  with  State  and
27        federal law;
28             (5)  are  designed  to meet an infant's or toddler's
29        developmental needs in any of the following areas:
30                  (A)  physical development,
31                  (B)  cognitive development,
32                  (C)  communication development,
33                  (D)  social or emotional development, or
34                  (E)  adaptive development;
                            -3-                LRB9004857DJcd
 1             (6)  meet the standards of the State, including  the
 2        requirements of this Act;
 3             (7)  include one or more of the following:
 4                  (A)  family training,
 5                  (B)  social     work     services,    including
 6             counseling, and home visits,
 7                  (C)  special instruction,
 8                  (D)  speech, language pathology and audiology,
 9                  (E)  occupational therapy,
10                  (F)  physical therapy,
11                  (G)  psychological services,
12                  (H)  service coordination services,
13                  (I)  medical services only  for  diagnostic  or
14             evaluation purposes,
15                  (J)  early   identification,   screening,   and
16             assessment services,
17                  (K)  health  services  specified  by  the  lead
18             agency  as necessary to enable the infant or toddler
19             to  benefit  from  the  other   early   intervention
20             services,
21                  (L)  vision services,
22                  (M)  transportation, and
23                  (N)  assistive technology devices and services;
24             (8)  are  provided by qualified personnel, including
25        but not limited to:
26                  (A)  child development specialists  or  special
27             educators,
28                  (B)  speech   and   language  pathologists  and
29             audiologists,
30                  (C)  occupational therapists,
31                  (D)  physical therapists,
32                  (E)  social workers,
33                  (F)  nurses,
34                  (G)  nutritionists,
                            -4-                LRB9004857DJcd
 1                  (H)  optometrists,
 2                  (I)  psychologists, and
 3                  (J)  physicians;
 4             (9)  are   provided   in    conformity    with    an
 5        Individualized Family Service Plan;
 6             (10)  are provided throughout the year; and
 7             (11)  are  provided in natural environments in which
 8        infants   and   toddlers   without   disabilities   would
 9        participate to the extent desired by families.
10        (f)  "Individualized Family Service Plan" or "Plan" means
11    a written plan for providing early intervention services to a
12    child eligible under this Act and the child's family, as  set
13    forth in Section 11.
14        (g)  "Local  interagency  agreement"  means  an agreement
15    entered into  by  local  community  and  State  and  regional
16    agencies receiving early intervention funds directly from the
17    State   and   made   in  accordance  with  State  interagency
18    agreements providing for the delivery of  early  intervention
19    services within a local community area.
20        (h)  "Council"  means the Illinois Interagency Council on
21    Early Intervention established under Section 4.
22        (i)  "Lead agency" means the State agency, as  designated
23    by  the  Governor, responsible for administering this Act and
24    receiving and disbursing public funds received in  accordance
25    with State and federal law and rules.
26        (j)  "Child   find"  means  a  service  which  identifies
27    eligible infants and toddlers.
28    (Source: P.A. 87-680; 87-847.)
29        (325 ILCS 20/5) (from Ch. 23, par. 4155)
30        Sec. 5.  Lead Agency.  The Department of  Human  Services
31    is  designated the lead agency and designated by the Governor
32    shall provide leadership in establishing and implementing the
33    coordinated, comprehensive, interagency and interdisciplinary
                            -5-                LRB9004857DJcd
 1    system of early intervention services.  The lead agency shall
 2    not  have  the  sole  responsibility  for   providing   these
 3    services.   Each participating State agency shall continue to
 4    coordinate those  early  intervention  services  relating  to
 5    health,  social  service  and  education  provided under this
 6    authority.
 7        The lead agency is responsible for carrying out:
 8             (a)  the general  administration,  supervision,  and
 9        monitoring   of   programs   and   activities   receiving
10        assistance  under  Section  673  of  the Individuals with
11        Disabilities Education Act (20 United States Code 1473);
12             (b)  the  identification  and  coordination  of  all
13        available resources within the State from federal, State,
14        local and private sources;
15             (c)  the development of procedures  to  ensure  that
16        services  are  provided  to eligible infants and toddlers
17        and  their  families  in  a  timely  manner  pending  the
18        resolution of  any  disputes  among  public  agencies  or
19        service providers;
20             (d)  the  resolution of intra-agency and interagency
21        regulatory and procedural disputes; and
22             (e)  the development and  implementation  of  formal
23        interagency  agreements between the lead agency and other
24        relevant State agencies that:
25                  (1)  define  the  financial  responsibility  of
26             each  agency  for  paying  for  early   intervention
27             services (consistent with existing State and federal
28             law  and rules) and procedures for resolving service
29             disputes; and
30                  (2)  include    all    additional    components
31             necessary  to  ensure  meaningful  cooperation   and
32             coordination.
33    (Source: P.A. 87-680.)

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