subchapter 43g developmental evaluation centers: specialized services Branch

 

section .0100 General Polices

 

10a NCAC 43G .0101 Administration

10A NCAC 43G .0102 definitions

10A NCAC 43G .0103 location of services

10A NCAC 43G .0104 types of services provided

10A ncac 43g .0105 eligibility for direct services

 

History Note: Authority G.S. 130A-5(3); 130A-124;

Eff. January 1, 1984;

Amended Eff: September 1, 1990;

Temporary Repeal Eff. July 1, 2006;

Repeal Eff. January 1, 2007.

10A NCAC 43G .0106 RESERVED FOR FUTURE CODIFICATION

 

10A NCAC 43G .0107 fees

 

History Note: Authority G.S. 130A-5(3); 130A-124;

Eff. January 1, 1984;

Temporary Repeal Eff. July 1, 2006;

Repealed Eff. January 1, 2007.

 

10A NCAC 43G .0108 ADMINISTRATION

The Department of Health and Human Services shall administer the statewide early intervention program under Federal law, Part C of the Individuals with Disabilities Act (IDEA).

 

History Note: Authority G.S. 130A‑126;

Temporary Adoption Eff. July 1, 2006;

Adoption Eff. January 1, 2007.

 

10A NCAC 43G .0109 CHILDREN'S DEVELOPMENTAL SERVICES AGENCIES

The Children's Developmental Services Agencies within the Early Intervention Branch shall manage the Early Intervention Program at the local level. Each Children's Developmental Services Agency shall serve children birth to three years of age who have been referred by parents, community agencies, physicians, or other interested parties for early intervention services. The Children's Developmental Services Agency shall determine the child's eligibility for the Early Intervention Program.

 

History Note: Authority G.S. 130A‑126;

Temporary Adoption Eff. July 1, 2006;

Adoption Eff. January 1, 2007;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 6, 2016.

 

10A NCAC 43G .0110 Eligibility

(a) Children from birth to age three are eligible for early intervention services under the provisions of this subchapter and under Part C of the Individuals with Disabilities Education Act (IDEA) if they have been determined by the Children's Developmental Services Agency to meet the criteria of one of the two following categories:

(1) developmental delay; or

(2) established conditions.

(b) Developmental Delay.

(1) A child is considered to have developmental delay if the child's development is delayed in one or more of the following areas:

(A) Cognitive Development;

(B) Physical Development, including fine and gross motor function;

(C) Communication Development;

(D) Social-Emotional Development; or

(E) Adaptive Development.

(2) The specific level of delay shall be:

(A) documented by scores of 2.0 standard deviations below the mean of the composite score (total test score) on standardized tests in at least one of the above areas of development; or

(B) documented by a 30 percent delay on instruments which determine scores in months in at least one of the above areas of development, or

(C) documented by scores of 1.5 standard deviations below the mean of the composite score (total test score) on standardized tests in at least two of the above areas of development, or

(D) documented by a 25 percent delay on instruments which determine scores in months in at least two of the above areas of development.

(c) Established Conditions. A child is considered to have an established condition if the child has a diagnosed physical or mental condition which has a high probability of resulting in developmental delay. Diagnosis may be made by Children's Developmental Services Agency staff or the child's physician. Specific conditions through which a child shall be deemed eligible in the established conditions category are as follows:

(1) Congenital Anomaly/Genetic Disorders/Inborn Errors of Metabolism. These are children diagnosed with one or more congenital abnormalities or genetic disorders with developmental implications. Some examples are Down Syndrome, Fragile X Syndrome, familial retardation syndromes, and fetal alcohol syndrome.

(2) Congenital Infections. These are children diagnosed with congenital infections with developmental implications. Some examples are toxoplasmosis, rubella, cytomegelovirus, and HIV.

(3) Autism. These are children diagnosed with autism or autism spectrum disorders.

(4) Attachment disorder. These are children with a diagnosed attachment disorder.

(5) Hearing Loss. These are children diagnosed with unilateral or bilateral permanent hearing loss.

(6) Visual Impairment. These are children diagnosed with a visual impairment that is not correctable with treatment, surgery, glasses, or contact lenses.

(7) Neurologic Disease/Central Nervous System Disorders. These are children diagnosed with a disease or disorder known to affect the nervous system with developmental implications, such as Cerebral Palsy, Spina Bifida, Epilepsy, and Microcephaly.

(8) Neonatal Conditions and Associated Complications. These are children diagnosed with one or more of the following neonatal diseases or disorders:

(A) Gestational age less than 27 weeks or birth weight less than 1000 grams;

(B) Neonatal encephalopathy with neurological abnormality persisting at discharge from the neonatal intensive care unit.

(C) Moderate to Severe Ventricular Enlargement at discharge from the neonatal intensive care unit or a ventriculoperitoneal shunt;

(D) Neonatal seizures, stroke, meningitis, encephalitis, porencephaly, or holoprosencephaly;

(E) Bronchopulmonary Dysplasia requiring supplemental oxygen at discharge from the neonatal intensive care unit;

(F) Intrauterine Growth Retardation;

(G) Necrotizing enterocolitis requiring surgery;

(H) Abnormal neurological exam at discharge;

(I) Intraventricular hemorrhage III or IV; or

(J) Periventricular leukomalacia.

 

History Note: Authority G.S. 130A‑126;

Temporary Adoption Eff. July 1, 2006;

Adoption Eff. January 1, 2007.

 

10A NCAC 43G .0111 SERVICE PLAN SERVICE DELIVERY

Once a child is determined eligible for the program, the Children's Developmental Services Agency shall develop a service plan based on the child's needs and the requirements of Part C of the Individuals with Disabilities Education Act (IDEA). Service provision shall be monitored by the Children's Developmental Services Agency. The services shall be provided by the following:

(1) staff of the Children's Developmental Services Agency, or

(2) agencies or individuals within the community who have executed a provider agreement with the Children's Developmental Services Agency.

 

History Note: Authority G.S. 130A‑126;

Temporary Adoption Eff. July 1, 2006;

Adoption Eff. January 1, 2007.

 

SECTION .0200 ‑ AGENCY MANAGEMENT PROCEDURES

 

10A NCAC 43G .0201 CENTER‑PROGRAM OPERATIONS MANUAL

10A NCAC 43G .0202 PERSONNEL MANAGEMENT

10A NCAC 43G .0203 SAFETY

10A NCAC 43G .0204 ANNUAL PROGRAM PLANNING AND PERFORMANCE EVALUATION

10A NCAC 43G .0205 INTEGRATION OF SERVICES WITH LOCAL COMMUNITIES

10A NCAC 43G .0206 FORMS

 

History Note: Authority G.S. 130A‑5(3); 130A‑124;

Eff. January 1, 1984;

Amended Eff. September 1, 1990;

Temporary Repeal Eff. July 1, 2006;

Repealed Eff. January 1, 2007.

 

SECTION .0300 ‑ SERVICE PROVISIONS

 

10A NCAC 43G .0301 CLINICAL ASSESSMENT SERVICES

10A NCAC 43G .0302 TREATMENT AND CLIENT/FAMILY INSTRUCTION SERVICES

10A NCAC 43G .0303 CASE MANAGEMENT SERVICES

10A NCAC 43G .0304 SCREENING SERVICES

10A NCAC 43G .0305 CASE‑SPECIFIC TECHNICAL ASSISTANCE SERVICES

 

History Note: Authority G.S. 130A‑5(3); 130A‑124;

Eff. January 1, 1984;

Amended Eff. September 1, 1990;

Temporary Repeal Eff. July 1, 2006;

Repealed Eff. January 1, 2007.

 

SECTION .0400 RECORD-KEEPING: CONFIDENTIALITY OF CLIENT INFORMATION

 

10A NCAC 43G .0401 CONFIDENTIALITY

10A NCAC 43G .0402 INFORMATION FROM OTHER AGENCIES

10A NCAC 43G .0403 OWNERSHIP OF RECORDS

10A NCAC 43G .0404 SECURITY OF RECORDS

10A NCAC 43G .0405 RIGHT OF ACCESS

10A NCAC 43G .0406 WITHHOLDING INFORMATION FROM THE CLIENT

10A NCAC 43G .0407 CONTESTED INFORMATION

10A NCAC 43G .0408 PROCEDURE OBTAINING PERMISSION FOR RELEASE OF INFORMATION

10A NCAC 43G .0409 DISCLOSURE FOR THE PURPOSE OF RESEARCH

10A NCAC 43G .0410 DISCLOSURE PURSUANT TO A COURT ORDER

 

History Note: Authority G.S. 130A‑124;

Eff. April 1, 1985;

Amended Eff. September 1, 1990;

Temporary Repeal Eff. July 1, 2006;

Repealed Eff. January 1, 2007.

 

SECTION .0500 ‑ DEC CONTRACT FUNDS

 

10A NCAC 43G .0501 RESERVED FOR FUTURE CODIFICATION

 

10A NCAC 43G .0502 DEFINITIONS

10A NCAC 43G .0503 PROVIDER ELIGIBILITY

10A NCAC 43G .0504 CLIENT ELIGIBILITY

10A NCAC 43G .0505 SCOPE OF SERVICES

10A NCAC 43G .0506 ALLOCATION OF FUNDS

10A NCAC 43G .0507 REPORTING REQUIREMENTS

10A NCAC 43G .0508 CLIENT AND THIRD PARTY FEES

10A NCAC 43G .0509 APPLICATION FOR FUNDS

10A NCAC 43G .0510 BUDGETING OF GRANT FUNDS

10A NCAC 43G .0511 ANNUAL PLAN

10A NCAC 43G .0512 RENEWAL OF GRANT FUNDS

 

History Note: Authority G.S. 130A‑124;

Eff. April 1, 1985;

Amended Eff. September 1, 1990;

Temporary Repeal Eff. July 1, 2006;

Repealed Eff. January 1, 2007.