Illinois General Assembly - Full Text of Public Act 098-0802
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Public Act 098-0802





Public Act 098-0802
HB4407 EnrolledLRB098 17231 DRJ 52324 b

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

Effective Date: 8/1/2014