Illinois General Assembly - Full Text of HB0778
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Full Text of HB0778  97th General Assembly



State of Illinois
2011 and 2012


Introduced 01/31/11, by Rep. Michael J. Madigan


325 ILCS 20/3  from Ch. 23, par. 4153

    Amends the Early Intervention Services System Act. Makes a technical change in a Section concerning definitions.

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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 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 and toddlers" means infants and
9toddlers under 36 months of age with any of the following
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
14the following areas of childhood development as measured by
15appropriate diagnostic instruments and standard procedures:
16cognitive; physical, including vision and hearing; language,
17speech and communication; psycho-social; or self-help skills.
18The term means a delay of 30% or more below the mean in
19function in one or more of those areas.
20    (c) "Physical or mental condition which typically results
21in 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
6observations and parental participation to determine
7eligibility by a consensus of a multidisciplinary team of 2 or
8more members based on their professional experience and
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
21written plan for providing early intervention services to a
22child eligible under this Act and the child's family, as set
23forth in Section 11.
24    (g) "Local interagency agreement" means an agreement
25entered into by local community and State and regional agencies
26receiving early intervention funds directly from the State and



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



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