Bill 521

                    Current Status

Bill Number:               521
Ratification Number:       176
Act Number                 114
Introducing Body:          Senate
Subject:                   To provide for the Infants and Toddlers
                           with Handicapping Conditions Act

(A114, R176, S521)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 21 TO CHAPTER 7, TITLE 44 SO AS TO PROVIDE FOR THE INFANTS AND TODDLERS WITH HANDICAPPING CONDITIONS ACT BY SETTING FORTH DEFINITIONS, MEMBERS AND REQUIREMENTS OF A STATE INTERAGENCY COORDINATING COUNCIL, RESPONSIBILITIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL INCLUDING A COMPREHENSIVE INTERAGENCY SYSTEM AND PROMULGATION OF REGULATIONS, REQUIREMENTS OF AN INDIVIDUALIZED FAMILY SERVICE PLAN, CHARGES FOR EARLY INTERVENTION SERVICES, FINANCIAL RESOURCES, RECOMMENDATION AND IMPLEMENTATION OF A COMPREHENSIVE SERVICE SYSTEM, PENALTIES FOR DISCLOSURE VIOLATIONS, AND CONSULTATION REQUIREMENTS BY THE JOINT LEGISLATIVE COMMITTEE.

Be it enacted by the General Assembly of the State of South Carolina:

Findings and policies

SECTION 1. (A) The General Assembly finds that there is an urgent and substantial need to:

(1) enhance the development of infants and toddlers with handicapping conditions and to minimize their potential for developmental delay;

(2) reduce the educational costs to our society, including our schools, by minimizing the need for special education and related services after infants and toddlers with handicapping conditions reach school age;

(3) minimize the likelihood of institutionalization of individuals with handicapping conditions and maximize the potential for their independent living in society;

(4) enhance the capacity of families to meet the special needs of their infants and toddlers who have handicapping conditions.

(B) It is the policy of South Carolina to:

(1) develop and implement a statewide, comprehensive coordinated program of early intervention services for infants and toddlers with handicapping conditions and their families;

(2) facilitate the coordination of payment for early intervention services from federal, state, local, and private sources, including public and private insurance coverage;

(3) enhance the capacity to provide quality early intervention services and expand and improve existing early intervention services being provided to infants and toddlers with handicapping conditions and their families.

Infants and Toddlers with Handicapping Conditions Act

SECTION 2. Chapter 7, Title 44 of the 1976 Code is amended by adding:

"Article 21

Infants and Toddlers With

Handicapping Conditions

Section 44-7-2510. This article may be cited as the 'Infants and Toddlers with Handicapping Conditions Act'.

Section 44-7-2520. As used in this article unless the context otherwise requires:

(1) 'Department' means the agency designated by the Governor by Executive Order pursuant to Title 20 of the United States Code, Section 1476(b)(9).

(2) 'Infants and toddlers with handicapping conditions' means children from birth through two years of age in need of early intervention services due to measurable delays in cognitive development, physical development, language and speech development, psychosocial development, or self-help skills, or due to a diagnosed physical or mental condition which probably will result in developmental delay.

(3) 'Early intervention services' are services designed to ameliorate the developmental delays of infants or toddlers with handicapping conditions. They include but are not limited to family training, counseling and home visits, special instruction, speech pathology and audiology, occupational therapy, physical therapy, psychological services, case management services, medical services only for diagnostic or evaluation purposes, early identification, screening and assessment services, and health services necessary to enable the infant or toddler to benefit from the other early intervention services.

(4) 'Council' means the State Interagency Coordinating Council.

Section 44-7-2530. (A) There is created a State Interagency Coordinating Council composed of fifteen members appointed by the Governor for terms of three years. In making appointments to the council the Governor shall ensure reasonable representation of the population of the State.

(B) The council must be composed of:

(1) at least three parents of infants or toddlers or children three through six years of age with handicapping conditions;

(2) at least three public or private providers of early intervention services;

(3) at least one person involved in training personnel to provide early intervention services;

(4) one representative of the General Assembly, the State Mental Retardation Department, the State Health and Human Services Finance Commission, the State Department of Education, and the Department of Health and Environmental Control;

(5) other persons as determined by the Governor such as:

(a) adults other than parents responsible for infants, toddlers, or children with handicapping conditions;

(b) representatives of other agencies involved in providing or paying for early intervention services to infants or toddlers with handicapping conditions.

(C) The Governor shall designate a member as chairman for a term of two years. The chairman may not serve for more than two consecutive terms. The council shall meet at least quarterly and advise the department in carrying out its responsibilities under this article. No member may vote on a matter which would provide him a direct financial benefit or otherwise appears to be a conflict of interest under state law. The council shall prepare and submit an annual report to the Governor and General Assembly on the status of early intervention programs for infants and toddlers with handicapping conditions and their families in the State. A copy of the report must be sent to the appropriate federal and state officials.

Section 44-7-2540. (A) With the advice of the council the department shall develop and administer either directly or through an interagency agreement a comprehensive interagency system to provide early intervention services for infants and toddlers with handicapping conditions and their families. The services must be provided by qualified personnel including but not limited to special educators, speech and language pathologists, audiologists, occupational therapists, physical therapists, psychologists, social workers, nurses, and nutritionists.

(B) The system must include:

(1) a timely, comprehensive, multidisciplinary assessment of the functioning of each infant and toddler with handicapping conditions in the State, including the needs of their families relating to enhancing the child's development;

(2) a written individualized family service plan for each infant or toddler with a handicapping condition;

(3) a comprehensive method of identifying infants and toddlers with handicapping conditions;

(4) a public awareness program focusing on early identification of infants and toddlers with handicapping conditions;

(5) a central directory which includes early intervention services, resources, and experts available in the State;

(6) a comprehensive system of training personnel who serve infants and toddlers with handicapping conditions;

(7) formal interagency agreements which:

(a) define the responsibility of each agency for providing and paying for early intervention services;

(b) coordinate programs so as to permit children and their families to move easily among systems;

(c) adopt uniform program, health, and safety standards;

(d) establish procedures for resolving disputes;

(8) procedural safeguards as required by federal and state laws;

(9) a method for compiling data on the number of infants and toddlers with handicapping conditions in the State in need of early intervention services, the number served, the types of handicapping conditions, the types of services provided, and other information required by the federal government or needed to deliver services effectively.

Section 44-7-2550. The department shall promulgate regulations necessary to carry out the purposes of this article. Through regulation or interagency agreement when appropriate the department may develop standards which address the coordination and provision of early intervention services, including personnel qualifications and health, safety, and program standards for the facilities where the services are offered.

Section 44-7-2560. (A) Based on the assessment provided for in Section 44-7-2540 an individualized family service plan must be developed by a multidisciplinary team which includes the parent, guardian, or other adult responsible for the child. The family also may choose an advocate to be present during the development of the plan. The plan must be written and explained in easily understandable language and must contain:

(1) a statement of the present levels of physical, cognitive, psychosocial, language, speech, and self-help skill development for the infant or toddler with handicapping conditions;

(2) a statement of the health status and medical needs of the child and family to support the highest possible development of the child, including the names of the health care providers;

(3) a statement of the family's strengths and needs relating to enhancing the child's development;

(4) a statement of the major outcomes expected to be achieved for the child and the family and the methods used to measure progress toward the outcomes;

(5) a statement of specific early intervention services necessary to meet the needs of the child and family, including the frequency, intensity, and method of delivering services;

(6) the projected dates for initiation of services and the anticipated duration of services;

(7) the name of the case manager from the profession most immediately relevant to the needs of the child or family. The case manager is responsible for the implementation of the plan and coordination with other agencies and persons;

(8) the steps necessary to support transition of the child to special education and related services for children three years of age and older.

(B) The individualized family service plan must be developed within the time established by the department after the assessment is completed. With the parent's consent early intervention services may begin before completion of the assessment or plan. The plan serves as the comprehensive plan for all agencies involved in providing early intervention services to the child and family. Services must be provided in a timely manner, as established by the department, pending resolution of disputes among public agencies or service providers. The plan must be evaluated at least once a year and reviewed with the family at six month intervals or more frequently if appropriate.

Section 44-7-2570. (A) Families with incomes below the federal poverty guidelines must not be charged for early intervention services provided pursuant to this article. The department shall develop a schedule of sliding fees for families with incomes above the federal poverty level.

(B) Nothing in this section relieves public or private insurance programs, or other persons or agencies required by law to provide or pay for early intervention services, from their financial or legal responsibilities. As a condition of receiving services under this article, infants and toddlers with handicapping conditions and their families may be required to apply for a financial or medical assistance program for which they are eligible.

Section 44-7-2580. (A) During fiscal year 1988-89 the department shall identify:

(1) all early intervention services currently provided within the State through federal, state, local, and private programs;

(2) all other financial resources available within the State from federal, state, local, and private sources for funding the comprehensive service system provided for in this section.

The department may use these resources to support programs to demonstrate and evaluate different components of the service system.

(B) By August 1, 1989, the department shall recommend a comprehensive service system to the State Budget and Control Board and the General Assembly. The department shall identify components of the system which can be supported through existing resources and components for which additional funds are needed.

(C) Using all funds appropriated for this purpose, during fiscal year 1990-91 the department shall implement as much of the comprehensive service system as possible. The department shall contract with an independent consultant to evaluate the service system and submit a written report to the General Assembly by January 1, 1991.

Section 44-7-2590. All information and reports obtained pursuant to this article are confidential except that they may be disclosed or made available to appropriate staff within the comprehensive interagency system for the purpose of assessment, coordination, and provision of services to infants, toddlers, and their families or pursuant to a court order for good cause shown. A person who disseminates or permits the unauthorized dissemination of the information or reports is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days, or both.

Section 44-7-2600. The Joint Legislative Committee on Children shall receive timely reports from all agencies involved in the implementation of programs for handicapped infants, toddlers, and preschool children developed pursuant to Public Law 99-457 and shall provide consultation and guidance if necessary."

Reauthorization

SECTION 3. This act expires July 1, 1991, unless specifically reauthorized by a joint resolution before that date.

Time effective

SECTION 4. This act takes effect upon approval by the Governor.