95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1102

 

Introduced 2/9/2007, by Rep. Patricia Reid Lindner

 

SYNOPSIS AS INTRODUCED:
 
325 ILCS 20/3   from Ch. 23, par. 4153

    Amends the Early Intervention Services System Act. Provides that "eligible infants and toddlers" means infants and toddlers under 48 (instead of 36) months of age with certain conditions. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning children.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Early Intervention Services System Act is
5 amended by changing Section 3 as follows:
 
6     (325 ILCS 20/3)  (from Ch. 23, par. 4153)
7     Sec. 3. Definitions. As used in this Act:
8     (a) "Eligible infants and toddlers" means infants and
9 toddlers under 48 36 months of age with any of the following
10 conditions:
11         (1) Developmental delays.
12         (2) A physical or mental condition which typically
13     results in developmental delay.
14         (3) Being at risk of having substantial developmental
15     delays based on informed clinical judgment.
16         (4) Either (A) having entered the program under any of
17     the circumstances listed in paragraphs (1) through (3) of
18     this subsection but no longer meeting the current
19     eligibility criteria under those paragraphs, and
20     continuing to have any measurable delay, or (B) not having
21     attained a level of development in each area, including (i)
22     cognitive, (ii) physical (including vision and hearing),
23     (iii) language, speech, and communication, (iv)

 

 

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1     psycho-social, or (v) self-help skills, that is at least at
2     the mean of the child's age equivalent peers; and, in
3     addition to either item (A) or item (B), (C) having been
4     determined by the multidisciplinary individualized family
5     service plan team to require the continuation of early
6     intervention services in order to support continuing
7     developmental progress, pursuant to the child's needs and
8     provided in an appropriate developmental manner. The type,
9     frequency, and intensity of services shall differ from the
10     initial individualized family services plan because of the
11     child's developmental progress, and may consist of only
12     service coordination, evaluation, and assessments.
13     (b) "Developmental delay" means a delay in one or more of
14 the following areas of childhood development as measured by
15 appropriate diagnostic instruments and standard procedures:
16 cognitive; physical, including vision and hearing; language,
17 speech and communication; psycho-social; or self-help skills.
18 The term means a delay of 30% or more below the mean in
19 function in one or more of those areas.
20     (c) "Physical or mental condition which typically results
21 in developmental delay" means:
22         (1) a diagnosed medical disorder bearing a relatively
23     well known expectancy for developmental outcomes within
24     varying ranges of developmental disabilities; or
25         (2) a history of prenatal, perinatal, neonatal or early
26     developmental events suggestive of biological insults to

 

 

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1     the developing central nervous system and which either
2     singly or collectively increase the probability of
3     developing a disability or delay based on a medical
4     history.
5     (d) "Informed clinical judgment" means both clinical
6 observations and parental participation to determine
7 eligibility by a consensus of a multidisciplinary team of 2 or
8 more members based on their professional experience and
9 expertise.
10     (e) "Early intervention services" means services which:
11         (1) are designed to meet the developmental needs of
12     each child eligible under this Act and the needs of his or
13     her family;
14         (2) are selected in collaboration with the child's
15     family;
16         (3) are provided under public supervision;
17         (4) are provided at no cost except where a schedule of
18     sliding scale fees or other system of payments by families
19     has been adopted in accordance with State and federal law;
20         (5) are designed to meet an infant's or toddler's
21     developmental needs in any of the following areas:
22             (A) physical development, including vision and
23         hearing,
24             (B) cognitive development,
25             (C) communication development,
26             (D) social or emotional development, or

 

 

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1             (E) adaptive development;
2         (6) meet the standards of the State, including the
3     requirements of this Act;
4         (7) include one or more of the following:
5             (A) family training,
6             (B) social work services, including counseling,
7         and home visits,
8             (C) special instruction,
9             (D) speech, language pathology and audiology,
10             (E) occupational therapy,
11             (F) physical therapy,
12             (G) psychological services,
13             (H) service coordination services,
14             (I) medical services only for diagnostic or
15         evaluation purposes,
16             (J) early identification, screening, and
17         assessment services,
18             (K) health services specified by the lead agency as
19         necessary to enable the infant or toddler to benefit
20         from the other early intervention services,
21             (L) vision services,
22             (M) transportation, and
23             (N) assistive technology devices and services;
24         (8) are provided by qualified personnel, including but
25     not limited to:
26             (A) child development specialists or special

 

 

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1         educators,
2             (B) speech and language pathologists and
3         audiologists,
4             (C) occupational therapists,
5             (D) physical therapists,
6             (E) social workers,
7             (F) nurses,
8             (G) nutritionists,
9             (H) optometrists,
10             (I) psychologists, and
11             (J) physicians;
12         (9) are provided in conformity with an Individualized
13     Family Service Plan;
14         (10) are provided throughout the year; and
15         (11) are provided in natural environments, including
16     the home and community settings in which infants and
17     toddlers without disabilities would participate to the
18     extent determined by the multidisciplinary Individualized
19     Family Service Plan.
20     (f) "Individualized Family Service Plan" or "Plan" means a
21 written plan for providing early intervention services to a
22 child eligible under this Act and the child's family, as set
23 forth in Section 11.
24     (g) "Local interagency agreement" means an agreement
25 entered into by local community and State and regional agencies
26 receiving early intervention funds directly from the State and

 

 

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1 made in accordance with State interagency agreements providing
2 for the delivery of early intervention services within a local
3 community area.
4     (h) "Council" means the Illinois Interagency Council on
5 Early Intervention established under Section 4.
6     (i) "Lead agency" means the State agency responsible for
7 administering this Act and receiving and disbursing public
8 funds received in accordance with State and federal law and
9 rules.
10     (i-5) "Central billing office" means the central billing
11 office created by the lead agency under Section 13.
12     (j) "Child find" means a service which identifies eligible
13 infants and toddlers.
14     (k) "Regional intake entity" means the lead agency's
15 designated entity responsible for implementation of the Early
16 Intervention Services System within its designated geographic
17 area.
18     (l) "Early intervention provider" means an individual who
19 is qualified, as defined by the lead agency, to provide one or
20 more types of early intervention services, and who has enrolled
21 as a provider in the early intervention program.
22     (m) "Fully credentialed early intervention provider" means
23 an individual who has met the standards in the State applicable
24 to the relevant profession, and has met such other
25 qualifications as the lead agency has determined are suitable
26 for personnel providing early intervention services, including

 

 

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1 pediatric experience, education, and continuing education. The
2 lead agency shall establish these qualifications by rule filed
3 no later than 180 days after the effective date of this
4 amendatory Act of the 92nd General Assembly.
5 (Source: P.A. 92-307, 8-9-01; 93-124, eff. 7-10-03.)
 
6     Section 99. Effective date. This Act takes effect upon
7 becoming law.