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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 designated23by 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 anddesignated by the Governor32 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.)