Bill Text: IL HB4407 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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Rep. Robyn Gabel

Filed: 3/24/2014

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AMENDMENT TO HOUSE BILL 4407
AMENDMENT NO. ______. Amend House Bill 4407 by replacing
everything after the enacting clause with the following:
"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
following:
(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.
(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
record.
(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

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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.".