The lead agency's child find system must include the State's procedures for use by primary referral sources for referring a child under the age of three to the part C program.

The procedures required must:

• Provide for referring a child as soon as possible, but in no case more than seven (7) days, after the child has been identified; and
• Meet the requirements below.

Referral of specific at-risk infants and toddlers

The procedures must provide for requiring the referral of a child under the age of three who –

• Is the subject of a substantiated case of child abuse or neglect; or
• Is identified as directly affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure.

Primary referral sources

Primary referral sources include:

• Hospitals, including prenatal and postnatal care facilities;
• Physicians;
• Parents, including parents of infants and toddlers;
• Child care programs and early learning programs;
• LEAs and schools;
• Public health facilities;
• Other public health or social service agencies;
• Other clinics and health care providers;
• Public agencies and staff in the child welfare system, including child protective service and foster care;
• Homeless family shelters; and
• Domestic violence shelters and agencies.

Post-Referral Timeline

Any screening (if the State has adopted a policy and elects, and the parent consents, to conduct a screening of a child); the initial evaluation and the initial assessments of the child and family; and the initial IFSP meeting must be completed within forty-five (45) days from the date the lead agency or EIS provider receives the referral of the child.

The 45-day timeline does not apply for any period when –

• The child or parent is unavailable to complete the screening (if applicable), the initial evaluation, the initial assessments of the child and family, or the initial IFSP meeting due to exceptional family circumstances that are documented in the child's early intervention records; or
• The parent has not provided consent for the screening (if applicable), the initial evaluation, or the initial assessment of the child, despite documented, repeated attempts by the lead agency or EIS provider to obtain parental consent.

The lead agency must develop procedures to ensure that in the event the circumstances described above exist, the lead agency or EIS provider must:

• Document in the child's early intervention records the exceptional family circumstances or repeated attempts by the lead agency or EIS provider to obtain parental consent;
• Complete the screening (if applicable), the initial evaluation, the initial assessments (of the child and family), and the initial IFSP meeting as soon as possible after the documented exceptional family circumstances no longer exist or parental consent is obtained for the screening (if applicable), the initial evaluation, and the initial assessment of the child; and
• Develop and implement an interim IFSP, to the extent appropriate and consistent with § 303.345

The initial family assessment must be conducted within the 45-day timeline if the parent concurs and even if other family members are unavailable.

Screening Procedures

The lead agency may adopt procedures, consistent with the requirements of this section, to screen children under the age of three who have been referred to the part C program to determine whether they are suspected of having a disability under this part. If the lead agency or EIS provider proposes to screen a child, it must:

• Provide the parent notice of its intent to screen the child to identify whether the child is suspected of having a disability and include in that notice a description of the parent's right to request an evaluation at any time during the screening process; and
• Obtain parental consent as required before conducting the screening procedures.

If the parent consents to the screening and the screening or other available information indicates that the child is:

• Suspected of having a disability, after notice is provided and once parental consent is obtained, an evaluation and assessment of the child must be conducted; or
• Not suspected of having a disability, the lead agency or EIS provider must ensure that notice of that determination is provided to the parent, and that the notice describes the parent's right to request an evaluation.

If the parent of the child requests and consents to an evaluation at any time during the screening process, evaluation of the child must be conducted, even if the lead agency or EIS provider has determined that the child is not suspected of having a disability.

Definition of screening procedures

Screening procedures:

• Means activities that are carried out by, or under the supervision of, the lead agency or EIS provider to identify, at the earliest possible age, infants and toddlers suspected of having a disability and in need of early intervention services; and
• Includes the administration of appropriate instruments by personnel trained to administer those instruments.

Condition for evaluation or early intervention services

For every child under the age of three who is referred to the part C program or screened, the lead agency is not required to:

• Provide an evaluation of the child unless the child is suspected of having a disability or the parent requests an evaluation; or
• Make early intervention services available under this part to the child unless a determination is made that the child meets the definition of infant or toddler with a disability.

Reference

34 CFR § 303.303

34 CFR § 303.310

34 CFR 303.320