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2013-2014 Answers to Questions about EA Procedures

 Early ACCESS - Ineligible child

Kathy Bartling

6/4/14

A family came through Early ACCESS a few months ago & their child was determined "not eligible". They recently requested that a different ECSE teacher evaluate their child, citing concerns with possible ASD. The STAT was administered as part of the "new" evaluation & resulted in a low score. Iowa City reports furnished by parents & reviewed as part of the evaluation do not indicate any red flags or concerns. DAYC 2 indicates skills were age appropriate at time of initial evaluation. Parent now wants all Early ACCESS records expunged from the system. I did not think we would be able to delete the intakes or previous record but need to confirm before telling this to parent. If this is correct, who would parent contact at state level with their concern? If we need to maintain some kind of record for legal purposes, what should be kept besides the signed consents?

     

Cindy Weigel

6/4/14

Early ACCESS records cannot be expunged from the system for a minimum of 5 years.  This applies from the point in time when the child is referred for early intervention services [281-120.401(3)].  Individual AEAs may have even longer time requirements so please check with your agency.  

The parents have the right to request an amendment of records.  Iowa Administrative Rules for Early ACCESS 281--120.410 (1) through (3) states the information regarding the amendment of records at a parent's request.

Please review these (page 33) for full details including advising the parent of their right to a hearing should that become necessary.

 

Clarification regarding Meeting Notifications

Gina Greene

4/24/14

Requesting clarification on meeting notice. 120.342(4)(2)(b)"Meeting arrangements must be made with, and written notice provided to, the family and..." What does "written" mean? Can this be a text, email, or must it be a printed piece of paper mailed or handed to the parent?

     

 Cindy Weigel

4/25/14 

Under Iowa law, "in writing" includes "any mode of representing words or letters in general use, and include an electronic record as defined in section 554D.103."  Iowa Code § 4.1(39) (2013).  This would include e-mails and text messages.  I would give the parents the option between virtual and paper notices.  Documentation is whatever is reasonable to prove that the notice was sent.  This would include entering the date sent and to whom in the web IFSP system in the appropriate fields.  Using service log notes to confirm written notices sent electronically is also appropriate option.

 
Child Exit Prior to Age 3
Gina Greene 4/23/14

If child is exiting prior to reaching age 3 under PMA exit code (child has completed IFSP and no longer requires services) do the parents need to sign 'Consent for Services' 'Eligible and declining'?

     

 Cindy Weigel

4/24/14

Parents should not sign a "Consent for Services" that indicates child is eligible and that they decline services if exiting PMA (child has completed IFSP and no longer requires services).  Do a final exit and provide Prior Written Notice document.

 

Spanish Version of Parental Rights in Early Intervention Part C

Jolene Euken 2/24/14

Where can I obtain a copy of the Spanish version of the Parental Rights in Early Intervention? IDEA Part C

     
Cindy Weigel 2/24/14

The Spanish version will be available at iowaideainfo.org once it has been translated. Gina Greene will also get a copy via email so you can check with her. They are not available at this time.

 
Biological Parent Signature
AEA 8 11/14/13

The whereabouts of the biological father is known and the parental rights have not been terminated. Guardianship has been granted to another couple. Since parental rights have not been terminated and the whereabouts of the biological parent is known, we will need to get the biological parent's signature, correct?

     
Meghan Wolfe & Cindy Weigel 11/21/13

Since the court awarded guardianship to someone other than the biological parent, and the guardian is NOT a DHS employee, then the guardian may sign IDEA consents on behalf of the child even if you know where the whereabouts of the biological parent(s). [EA administrative rules 120.27(2)"b"].

 

Consent Forms
Teresa Hobbs 11/14/13

Are Service Coordinators required to give the parent a copy of the consent form(s) that the parent signs? Are these consent forms part of the IFSP?

     
Meghan Wolfe & Cindy Weigel 11/20/13

Parents are entitled to a copy of signed consent forms if they ask.  Best practice would be to provide a copy without waiting for parent request.

 

 

Grandparent Signature
Gina Greene 11/13/13

Parent rights have been terminated and child is living with grandfather & his fiance, who are in the process of adopting the grandchild. Is it correct that the Grandfather can sign because he is a relative responsible for the child's welfare? Proc. 20-3. Can his fiance sign? (she is the active step parent).

     
Meghan Wolfe & Cindy Weigel 11/26/13

Grandfather can sign. Fiance can sign because the future step-grandparent is legally responsible for the child's welfare.

 

Medical Record Maintenance
Gina Greene 10/30/13

When Early ACCESS receives medical records, they become part of the educational record [120.405(2)] and are maintained by the AEA due to Regional Grantee responsibilities. Can the EA Service Coordinator or EA provider black out information in the record related to the parent, prior to making the medical record part of the educational file? Example: New Born History, Physical and Discharge records.

     
   

In queue to be answered

 

Service Delivery Date for Audiology Services

Gina Greene

10/17/13

When services such as Family Training, Special Instruction/developmental, Physical Therapy, Occupational Therapy, and Speech-language pathology are monitoring a child's development quarterly in an area where there is no concern, are these providers required to deliver the service within 30 days of signed consent for services? Or is this like audiology where a first delivery of service is not needed within the 30 days of a consent because we are re-testing or monitoring development? (See Q & A 1/30/13 First Delivery Date for Audiology Services Provided Quarterly)

     

Meghan Wolfe & Cindy Weigel

 11/19/13

During the IFSP meeting where a service is added, a family has to agree that the service will not start for 3 or 4 months after the Consent for Early ACCESS Services form is signed. Providers must make sure it is clear in the IFSP that the service will not start for 3 or 4 months. For example the projected start date would be 3-4 months later, the prior written notice that is given to the family stating services to be received should have this noted, and procedures and strategies in the outcome could have mention of this.

If a family agrees and the IFSP reflects the service will start in 3 or 4 months from the date the Consent for Early ACCESS Services form was signed, then delay code of OT for Other is the reason used when providers enter first delivery log note. This is only for services that truly are for monitoring and agreement with parent is for monitoring and the IFSP reflects this.

If the IFSP does not reflect the service as starting 3 or 4 months from Consent for Early ACCESS Services date, then the 30 day timeline must be met. The provider must deliver the first service within 30 days and then start monitoring following that initial visit.

 

EA Process Delay
Jolene Euken 10/10/13 On the meeting page of the IFSP where it says "reason for meeting not held within 45 days", do you document Family or Other when they are 3 months premature and in the hospital 2 months after birth, thus delaying the EA process?
     

Meghan Wolfe & 

Cindy Weigel

10/10/13

The Early ACCESS Procedures Manual (Section 8- Eligibility Determination, page 8-6) provides circumstances in which the 45 day timeline might not be met and how to document the reasoning for missing the timeline. A child in the hospital would be documented as Family reason for missing 45 day timeline on the meeting page of the IFSP.

 

 

Exchange of Information Release
Rae Miller 10/4/13

Question 1: When a child is in foster care, does the biologic parent(s) need to sign an Exchange of Information release for the foster parents?

Question 2: If a child is in an "out of home placement" with a grandparent or family friend (not "official" DHS foster care but living with grandparent/aunt/uncle/family friend without an official court order or court ordered guardianship), and the location of the biological parent(s) is known (e.g. example a child is living with Grandma because Grandma is a relative and parent(s) said please take care of child) would the IFSP team need an Exchange of Information signed by Grandma on behalf of biological parent(s) so EA services providers to talk to the out-of-home caregiver/grandparent/family friend about the child? 

Question 3: If a child is in an "out of home placement" with a grandparent or family friend (not "official" DHS foster care but living with grandparent/aunt/uncle/family friend without an official  court order or court ordered guardianship), and the location of the biological parent(s) is known, would the biological parent(s) sign an Exchange of Information form allowing the grandparents to discuss EA services and supports?   

     

Meghan Wolfe & 

Cindy Weigel

11/26/13

Answer 1: If the foster parents do not otherwise meet the definition of parent, a parent (biological or otherwise) would need to sign a release of information before personally identifiable information from student records is shared with the foster parent.  The EA provider can always share with the foster parent things that are not in the EA records, such as the EA provider's personal observations (Example: She had a good day today).

Answer 2: No.  Grandma does not need to sign an exchange on her own behalf.  Grandma signs as a parent.

Answer 3: No, not needed. Please note that other providers may have rules that would require the biological parent's signature.  If so, those would need to be followed.  For EA purposes, Grandma is a parent (even though we know where the biological parent is). Please also note that the biological parent could always revoke the consents signed by Grandma.

 

EA Family Rights Quick Guide
Lori Groth 10/3/13 Since the Part C Procedural Safeguards Manual for Parents has been updated this year, will the EA Family Rights Quick Guide also be updated?
     

Meghan Wolfe & 

Cindy Weigel

10/7/13

The Part C State Team is hopeful that the Family Rights Quick Guide can be updated, however we are waiting for approval for use of a quick guide from the legal department. At this time, the manual should be provided and reviewed with parents and providers should not be distributing the Family Rights Quick Guide.

 

Guardianship Rules for Signing Consents/Releases
Rae Miller 10/1/13 Parents have three children in EA. The parents are giving guardianship of two to the children to the grandparents, although parental rights have not been terminated and as of now there is no plan to terminate rights. Can the grandparents sign consents/releases for the two children they are guardians for?
     
Cindy Weigel 10/1/13

If the child is living with the grandparents, then grandma/grandpa meets the definition of parent and can sign (unless grandparents and mom differ, in which case you must defer to mom).

If grandparent is the court-appointed guardian, then grandparent is the parent. For there to be a guardianship under Iowa law, there must be a court order. A note stating "I appoint grandma/grandpa as the children's guardian" signed by the parent is not enough (even if it is notarized) to create a guardianship for Early ACCESS rules.

 

DHS Form Requirements for Foster Parents
Gina Greene 10/1/13 A Dept. of Human Services worker had the biological parent sign a DHS form giving the foster parents specific permission to sign for EA services. Parent rights have not been terminated. Does the DHS form meet the requirements for "parent" and give the Foster Parent parent rights for Early ACCESS? Can the foster parents sign for EA services?
     

Meghan Wolfe & 

Cindy Weigel

10/10/13

Part C cannot accept a DHS permission form giving the foster parents permission to sign for Early ACCESS services.

For a person to perform tasks under Part C that are the responsibility of the parent, the person must meet the definition of parent. A parent cannot delegate her responsibilities to a non-parent. 

If it is necessary for this foster parent to sign consents because the parent may not be available, the AEA or juvenile court could appoint the foster parent as a surrogate parent.

 

Rules/Procedures for Child Assessments
Rae Miller 10/1/13

If a child has a known condition that automatically qualifies them for EA, providers can go directly to assessment.

Question 1: When doing an assessment, does the IFSP team need to utilize the "T" - test from RIOT in order to fulfill EA rules/procedures?

Question 2: Can a routines based interview (RBI) be used to fulfill child assessment for IFSP compliance when the "T" of RIOT is not used?

     

Meghan Wolfe & 

Cindy Weigel

10/1/13

For children that have a known condition that automatically qualifies them for Early ACCESS, providers can go directly to assessment (Procedural Manual 7-14). The initial assessment must include the identification of needs in all developmental areas, the "T" or "test" from RIOT is an assessment that identifies the needs in all areas [Iowa Administrative Rules for Early ACCESS, Procedures for Assessment of Child and Family 120.321(5)(a)(3)].

A Routines Based Interview (RBI) is appropriate to use for an assessment AND you need to be able to document in each developmental area, the information gathered through the RBI. It is a federal requirement that all areas of development must be assessed if a child is known eligible based on medical records showing the child has a known condition that has a high probability for developmental delays.

 

     
     
     
 
 

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