Public Act 90-0158 of the 90th General Assembly

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Public Act 90-0158

HB1578 Enrolled                                LRB9004857DJcd

    AN ACT to amend the Early  Intervention  Services  System
Act by  changing Sections 3 and 5.

    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 Sections 3 and 5 as follows:

    (325 ILCS 20/3) (from Ch. 23, par. 4153)
    Sec. 3.  Definitions.  As used in this Act:
    (a)  "Eligible infants and toddlers"  means  infants  and
toddlers  under  36  months  of age with any of the following
         (1)  Disabilities due to developmental delay.
         (2)  A physical or mental condition which has a high
    probability of resulting in developmental delay.
         (3)  Being   at   risk   of    having    substantial
    developmental  delays  due  to  a  combination of serious
    (b)  "Developmental delay" means a delay in one  or  more
of  the  following areas of childhood development as measured
by   appropriate   diagnostic   instruments   and    standard
procedures:   cognitive;   physical,   including  vision  and
hearing; language, speech and  communication;  psycho-social;
or self-help skills.
    (c)  "Physical  or  mental  condition  which  has  a high
probability of resulting in developmental delay" means:
         (1)  a  diagnosed   medical   disorder   bearing   a
    relatively   well   known  expectancy  for  developmental
    outcomes   within   varying   ranges   of   developmental
    disabilities; or
         (2)  a history of prenatal, perinatal,  neonatal  or
    early   developmental  events  suggestive  of  biological
    insults to the  developing  central  nervous  system  and
    which   either   singly   or  collectively  increase  the
    probability of developing a disability or delay based  on
    a medical history.
    (d)  "At  risk of having substantial developmental delay"
means the presence of at least 3 at risk conditions,  plus  a
consensus  based  on  clinical judgment, that the presence of
these conditions warrants a risk of substantial developmental
delay if early intervention services  are  not  provided.   A
list of at risk conditions shall be developed by the Illinois
Interagency  Council  on  Early Intervention. When relying on
clinical judgment, which includes both clinical  observations
and  parental  participation,  a  developmental delay will be
determined by a consensus of an interdisciplinary team of  at
least   2   or  more  members  based  on  their  professional
experience and expertise.
    (e)  "Early intervention services" means services which:
         (1)  are designed to meet the developmental needs of
    each child eligible under this Act and the needs  of  his
    or her family;
         (2)  are  selected in collaboration with the child's
         (3)  are provided under public supervision;
         (4)  are provided at no cost except where a schedule
    of sliding scale fees or  other  system  of  payments  by
    families  has  been  adopted in accordance with State and
    federal law;
         (5)  are designed to meet an infant's  or  toddler's
    developmental needs in any of the following areas:
              (A)  physical development,
              (B)  cognitive development,
              (C)  communication development,
              (D)  social or emotional development, or
              (E)  adaptive development;
         (6)  meet  the standards of the State, including the
    requirements of this Act;
         (7)  include one or more of the following:
              (A)  family training,
              (B)  social    work     services,     including
         counseling, and home visits,
              (C)  special instruction,
              (D)  speech, language pathology and audiology,
              (E)  occupational therapy,
              (F)  physical therapy,
              (G)  psychological services,
              (H)  service coordination services,
              (I)  medical  services  only  for diagnostic or
         evaluation purposes,
              (J)  early   identification,   screening,   and
         assessment services,
              (K)  health  services  specified  by  the  lead
         agency as necessary to enable the infant or  toddler
         to   benefit   from  the  other  early  intervention
              (L)  vision services,
              (M)  transportation, and
              (N)  assistive technology devices and services;
         (8)  are provided by qualified personnel,  including
    but not limited to:
              (A)  child  development  specialists or special
              (B)  speech  and  language   pathologists   and
              (C)  occupational therapists,
              (D)  physical therapists,
              (E)  social workers,
              (F)  nurses,
              (G)  nutritionists,
              (H)  optometrists,
              (I)  psychologists, and
              (J)  physicians;
         (9)  are    provided    in    conformity   with   an
    Individualized Family Service Plan;
         (10)  are provided throughout the year; and
         (11)  are provided in natural environments in  which
    infants   and   toddlers   without   disabilities   would
    participate to the extent desired by families.
    (f)  "Individualized Family Service Plan" or "Plan" means
a written plan for providing early intervention services to a
child  eligible under this Act and the child's family, as set
forth in Section 11.
    (g)  "Local interagency  agreement"  means  an  agreement
entered  into  by  local  community  and  State  and regional
agencies receiving early intervention funds directly from the
State  and  made  in  accordance   with   State   interagency
agreements  providing  for the delivery of early intervention
services within a local community area.
    (h)  "Council" means the Illinois Interagency Council  on
Early Intervention established under Section 4.
    (i)  "Lead  agency" means the State agency, as designated
by the Governor, responsible for administering this  Act  and
receiving  and disbursing public funds received in accordance
with State and federal law and rules.
    (j)  "Child  find"  means  a  service  which   identifies
eligible infants and toddlers.
(Source: P.A. 87-680; 87-847.)

    (325 ILCS 20/5) (from Ch. 23, par. 4155)
    Sec.  5.   Lead Agency.  The Department of Human Services
is designated the lead agency and designated by the  Governor
shall provide leadership in establishing and implementing the
coordinated, comprehensive, interagency and interdisciplinary
system of early intervention services.  The lead agency shall
not   have   the  sole  responsibility  for  providing  these
services.  Each participating State agency shall continue  to
coordinate  those  early  intervention  services  relating to
health, social service  and  education  provided  under  this
    The lead agency is responsible for carrying out:
         (a)  the  general  administration,  supervision, and
    monitoring   of   programs   and   activities   receiving
    assistance under Section  673  of  the  Individuals  with
    Disabilities Education Act (20 United States Code 1473);
         (b)  the  identification  and  coordination  of  all
    available resources within the State from federal, State,
    local and private sources;
         (c)  the  development  of  procedures to ensure that
    services are provided to eligible  infants  and  toddlers
    and  their  families  in  a  timely  manner  pending  the
    resolution  of  any  disputes  among  public  agencies or
    service providers;
         (d)  the resolution of intra-agency and  interagency
    regulatory and procedural disputes; and
         (e)  the  development  and  implementation of formal
    interagency agreements between the lead agency and  other
    relevant State agencies that:
              (1)  define  the  financial  responsibility  of
         each   agency  for  paying  for  early  intervention
         services (consistent with existing State and federal
         law and rules) and procedures for resolving  service
         disputes; and
              (2)  include    all    additional    components
         necessary   to  ensure  meaningful  cooperation  and
(Source: P.A. 87-680.)

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