Bill Text: IL HB4407 | 2013-2014 | 98th General Assembly | Chaptered
Bill Title: Amends the Early Intervention Services System Act. Provides that all early intervention services shall be initiated as soon as possible, but not later than 30 days after parental consent has been obtained for the Individualized Family Service Plan. Provides that services may be initiated later than 30 days after parental consent has been obtained if the multidisciplinary team determines that a later initiation date is necessary in order to meet the individual needs of the child and family, the child's parent provides informed written consent for the later initiation date, and the reasons for the later initiation date are documented by the multidisciplinary team. In provisions concerning procedural safeguards, provides that a child shall continue to receive the appropriate early intervention services during the pendency of any State complaint procedure, due process hearing, or mediation (instead of any proceedings or action) involving a complaint, unless the State agency and the parents or guardian otherwise agree. Effective immediately.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2014-08-01 - Public Act . . . . . . . . . 98-0802 [HB4407 Detail]
Download: Illinois-2013-HB4407-Chaptered.html
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| Public Act 098-0802 | ||||
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AN ACT concerning children.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Early Intervention Services System Act is | ||||
amended by changing Section 12 as follows:
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(325 ILCS 20/12) (from Ch. 23, par. 4162)
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Sec. 12. Procedural Safeguards. The lead agency shall adopt | ||||
procedural safeguards that meet federal
requirements and | ||||
ensure effective implementation of the safeguards
for families
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by each
public agency involved in the provision of early | ||||
intervention
services under this Act.
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The procedural safeguards shall provide, at a minimum, the | ||||
following:
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(a) The timely administrative resolution of
State | ||||
complaints, due process hearings, and mediations as | ||||
defined by administrative rule.
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(b) The right to confidentiality of personally | ||||
identifiable information.
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(c) The opportunity for parents and a guardian to | ||||
examine and receive
copies of records relating to | ||||
evaluations and assessments, screening, eligibility
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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 | ||
record.
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(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
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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.
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(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
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appropriate early intervention services to the eligible | ||
infant or toddler.
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(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.
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(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
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intervention services currently being provided, or in the | ||
case of an
application for initial services, the child | ||
shall receive the services not in
dispute.
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(Source: P.A. 98-41, eff. 6-28-13.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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