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| Public Act 098-0802 | ||||
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AN ACT concerning children.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Early Intervention Services System Act is | ||||
amended by changing Section 12 as follows:
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(325 ILCS 20/12) (from Ch. 23, par. 4162)
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Sec. 12. Procedural Safeguards. The lead agency shall adopt | ||||
procedural safeguards that meet federal
requirements and | ||||
ensure effective implementation of the safeguards
for families
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by each
public agency involved in the provision of early | ||||
intervention
services under this Act.
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The procedural safeguards shall provide, at a minimum, the | ||||
following:
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(a) The timely administrative resolution of
State | ||||
complaints, due process hearings, and mediations as | ||||
defined by administrative rule.
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(b) The right to confidentiality of personally | ||||
identifiable information.
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(c) The opportunity for parents and a guardian to | ||||
examine and receive
copies of records relating to | ||||
evaluations and assessments, screening, eligibility
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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.
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(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 ward | ||
of the State, including the assignment of an
individual | ||
(who shall not be an employee of the State agency or local
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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.
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(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
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appropriate early intervention services to the eligible | ||
infant or toddler.
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(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.
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(g) During the pendency of any State complaint | ||
procedure, due process hearing, or mediation proceedings | ||
or action involving a
complaint, unless the State agency | ||
and the parents or guardian otherwise
agree, the child | ||
shall continue to receive the appropriate early
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intervention services currently being provided, or in the | ||
case of an
application for initial services, the child | ||
shall receive the services not in
dispute.
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(Source: P.A. 98-41, eff. 6-28-13.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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