Illinois General Assembly - Full Text of HB4407
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Full Text of HB4407  98th General Assembly




HB4407 EnrolledLRB098 17231 DRJ 52324 b

1    AN ACT concerning children.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Early Intervention Services System Act is
5amended by changing Section 12 as follows:
6    (325 ILCS 20/12)  (from Ch. 23, par. 4162)
7    Sec. 12. Procedural Safeguards. The lead agency shall adopt
8procedural safeguards that meet federal requirements and
9ensure effective implementation of the safeguards for families
10by each public agency involved in the provision of early
11intervention services under this Act.
12    The procedural safeguards shall provide, at a minimum, the
14        (a) The timely administrative resolution of State
15    complaints, due process hearings, and mediations as
16    defined by administrative rule.
17        (b) The right to confidentiality of personally
18    identifiable information.
19        (c) The opportunity for parents and a guardian to
20    examine and receive copies of records relating to
21    evaluations and assessments, screening, eligibility
22    determinations, and the development and implementation of
23    the Individualized Family Service Plan provision of early



HB4407 Enrolled- 2 -LRB098 17231 DRJ 52324 b

1    intervention services, individual complaints involving the
2    child, or any part of the child's early intervention
3    record.
4        (d) Procedures to protect the rights of the eligible
5    infant or toddler whenever the parents or guardians of the
6    child are not known or unavailable or the child is a ward
7    of the State, including the assignment of an individual
8    (who shall not be an employee of the State agency or local
9    agency providing services) to act as a surrogate for the
10    parents or guardian. The regional intake entity must make
11    reasonable efforts to ensure the assignment of a surrogate
12    parent not more than 30 days after a public agency
13    determines that the child needs a surrogate parent.
14        (e) Timely written prior notice to the parents or
15    guardian of the eligible infant or toddler whenever the
16    State agency or public or private service provider proposes
17    to initiate or change or refuses to initiate or change the
18    identification, evaluation, placement, or the provision of
19    appropriate early intervention services to the eligible
20    infant or toddler.
21        (f) Written prior notice to fully inform the parents or
22    guardians, in their native language or mode of
23    communication used by the parent, unless clearly not
24    feasible to do so, in a comprehensible manner, of these
25    procedural safeguards.
26        (g) During the pendency of any State complaint



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1    procedure, due process hearing, or mediation proceedings
2    or action involving a complaint, unless the State agency
3    and the parents or guardian otherwise agree, the child
4    shall continue to receive the appropriate early
5    intervention services currently being provided, or in the
6    case of an application for initial services, the child
7    shall receive the services not in dispute.
8(Source: P.A. 98-41, eff. 6-28-13.)
9    Section 99. Effective date. This Act takes effect upon
10becoming law.