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What Is Early Intervention? Is My Child Eligible?

 
Your child may be eligible to receive early intervention services, if he or she is under three and not developing at a rate similar to other children of his or her age. These services also help families meet their child’s developmental and health-related needs. Some examples of early intervention services include physical therapy, speech therapy, occupational therapy, family counseling, health and medical services, and transportation. A child with a developmental delay in walking, talking, or interacting with others may be eligible for services.
 
Early intervention services are provided in a place where a child of that age would usually be, such as their home or with a childcare provider. This is called a natural environment. Early intervention services will be given in a natural environment unless it not appropriate to the individual needs of your child.

How will early intervention services benefit my child?

Early intervention services are designed to help your child’s development. Children are most ready to learn in their early years. A child’s ability to learn and develop is at its quickest during his or her preschool years. One long-term benefit of early intervention services is the potential for a reduced need for special education and other services later in life. Early intervention services also help families by giving needed support and assistance.

How can I get my child evaluated for early intervention services?

In New Jersey, every county has an office called the Special Child Health Services-Case Management Unit (SCHS-CMU). Parents or anyone else (doctors, daycare providers, family, or friends) can call the SCHS-CMU if they think a child may be eligible to get early intervention services. The telephone numbers are listed below. You can also call Project Child Find, 1-800-322-8174, which provides information and referral for parents of children from birth to age 21 who have disabilities.

What is the evaluation process?

Once a child is referred to the SCHS-CMU, a service coordinator is assigned. The coordinator is in charge of arranging for your child to have an evaluation and to develop the Individualized Family Services Plan (IFSP). The IFSP is the written document that explains the services your child and your family will get. The evaluation, determination of eligibility, and IFSP must be done within 45 days from the date your child is referred to the early intervention system. The service coordinator must also explain your rights to you. If your native language is not English or you are deaf, they must explain your rights to you in your native language or form of communication. The service coordinator must also make sure your needs and your family’s needs are being met.
 
Before an evaluation is done, you must give consent (permission). If you are not the child’s biological or adopted parent but you are his or her guardian, foster parent, or acting in the place of the child’s parent, you can give consent. The evaluation is done by several trained professionals, who will look at all areas of your child’s development (for example, talking, walking, and hearing). Your child’s medical records and health history will also be reviewed.
 
Families may also get a family-directed assessment. This assessment looks at your family’s needs to care for and meet the special needs of your child. You do not have to have this assessment in order to receive services.

How does my child qualify for early intervention services?

Your child is eligible to get early intervention services if he or she is under three and has a developmental delay of at least 33% in one or 25% in two or more of the following developmental areas:
  • Physical -this includes gross motor, fine motor, and sensory skills (for example, walking, using hands to play, and hearing);
  • Learning (for example, thinking);
  • Language (communication);
  • Social or emotional (for example, interacting with other children, adults, and physical surroundings); and
  • Self-help skills (for example, dressing and feeding).
Your child will also be eligible if he or she has a diagnosed condition that is likely to result in a developmental delay (for example, Down Syndrome, Cerebral Palsy and Autism Spectrum Disorders (ASD)).

What should my child’s Individual Family Service Plan (IFSP) include?

Once found eligible, an Individual Family Service Plan (IFSP) must be developed for your child. The IFSP outlines all the services your child and family will receive.

Some of the things an IFSP must include are:

  • A statement of your child’s current abilities in each area of development;
  • A statement of expected achieved outcomes for your child; and
  • A list of early intervention services needed to meet your child’s individual needs (this must include how often, how long, and where the services are to be provided).
The IFSP is developed at a meeting with you, the service coordinator, at least one member of the evaluation team, service providers, and anyone else you choose to include. You have the right to be involved in all decisions about your child.
 
What is in the IFSP must be explained to you, and you must give written consent before services can start. You have the right to receive the services that are in the IFSP. If you do not consent or withdraw your consent, services cannot be provided. You have the right to consent to some services and not to others in the IFSP. The services that you have consented to must be provided.
 
After the first IFSP is developed, it must be reviewed every six months, or sooner if needed. This review is to make sure that the IFSP is continuing to meet your child’s needs. This review can be done at a meeting or in another way that is agreed to.
 
Once a year, a meeting will be held at a time and place that is convenient for you and your family. If your native language is not English or you are deaf, the meeting must be held in your native language or form of communication. The purpose of this meeting is to review your child’s outcomes and determine if any changes are needed to the IFSP.
 
When your child turns two, a transition information meeting must be held to start planning supports and services for your child when he or she turns three. Some children who receive early intervention services will be eligible for special education services when they turn three.  

Do I have to pay for early intervention services?

Families who have an income less then 350% of the federal poverty level (for a family of four, this would be less than $70,000 per year) do not have to pay for early intervention services. Also, a child cannot be denied services based on his or her family’s inability to pay for the services.

What if I don’t agree with evaluation, eligibility determination, or services provided?

You have several options. You can choose to mediate, request a hearing, or file an administrative complaint. Requests for all of the above must be made to:
New Jersey Department of Health and Senior Services Office of Early Intervention Services—
Procedural Safeguards Coordinator
P.O. Box 364
Trenton, N.J. 08625-0364
Toll Free: 1-877-258-6585
You can choose mediation by itself or in addition to a request for a hearing or an administrative complaint. Parents can choose to refuse or withdraw their request for mediation at any time. If you select mediation, the other side must participate. Mediation can also be requested by the other side, but it can only happen if you consent. Once it is requested, mediation will be scheduled within 10 days at a date, time, and location convenient for everyone.
 
Due process hearings may also be requested to resolve disputes. Due process hearings in early intervention matters are held before a panel that includes a parent of a child receiving early intervention services, an attorney, and an early childhood professional. The hearing must be held and a decision made and sent to everyone within 30 days of when the request was received by the Procedural Safeguards Office. This decision can be appealed to state or federal court.
 
Administrative complaints can also be filed with the Procedural Safeguards Office. A complaint can list a specific violation concerning a child or the child’s family or can claim that a policy or pattern of practice violates federal or state law. The Procedural Safeguards Office is responsible for determining whether an on-site investigation is needed and, if so, to do one. A written determination must be made within 60 days of receipt of the complaint.
 
If you file for mediation, a hearing, or a complaint investigation, your child must continue to receive services while the matter is being resolved, unless you agree for him or her not to receive them.
 
For additional information, contact Legal Services of New Jersey’s Education Representation Project by calling LSNJ-LAW™, New Jersey’s statewide, toll-free legal hotline, at 1-888-LSNJ-LAW (1-888-576-5529). The hotline is open Monday through Friday, 8:00 a.m. to 5:30 p.m.
Special Child Health Services-Case Management Units (SCHS-CMUs) 
Atlantic County SCHS-CMU
Phone: (609) 645-7700
Fax: (609) 645-5907
Bergen County SCHS-CMU
Phone: (201) 634-2620
Fax: (201) 599-8947
 
Burlington County SCHS-CMU
Phone: (609) 267-1950
Fax: (609) 702-0541
 
Camden County SCHS-CMU
Phone: (856) 374-6021
Fax: (856) 374-9734
 
Cape May County SCHS-CMU
Phone: (609) 465-1202
Fax: (609) 463-3527
 
Cumberland County SCHS-CMU
Phone: (856) 453-2154
Fax: (856) 453-0338
 
Essex County SCHS-CMU
Phone: (973) 857-4663
Fax: (973) 857-2842
 
Gloucester County SCHS-CMU
Phone: (856) 262-4158
Fax: (856) 262-4276
 
Hudson County SCHS-CMU
Phone: (201) 915-2514
Fax: (201) 915-2565
 
Hunterdon County SCHS-CMU
Phone: (908) 788-6398
Fax: (908) 788-6581
 
Mercer County SCHS
Central NJ Maternal and Child Health Consortium
Phone: (888) 653-4463
Fax: (732) 937-5540
 
Middlesex County SCHS-CMU
Phone: (732) 745-3153
Fax: (732) 296-7990
 
Monmouth County SCHS-CMU
Phone: (732) 224-6950
Fax: (732) 747-4404
 
Morris County SCHS-CMU
Phone: (973) 971-4155
Fax: (973) 290-7358
 
Ocean County SCHS-CMU
Phone: (732) 341-9700
Fax: (732) 341-4467
 
Passaic County SCHS-CMU
Phone: (973) 523-6778
Fax: (973) 523-7715
 
Salem County SCHS-CMU
Phone: (856) 935-7510
Fax: (856) 935-8483
 
Somerset County SCHS-CMU
Phone: (908) 725-2366
Fax: (908) 725-3945
 
Sussex County SCHS-CMU
Phone: (973) 948-5400
Fax: (973) 948-2270
 
Union County SCHS-CMU
Phone: (908) 889-0950
Fax: (908) 889-0076
 
Warren County SCHS-CMU
Phone: (908) 689-6000
Fax: (908) 835-1172

This article appeared in the May 2006 edition of Looking Out for Your Legal Rights®.

 

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