2005 California Government Code Sections 95016-95022 CHAPTER 5. SERVICES

95016.  (a) Each infant or toddler referred for evaluation for early
intervention services shall have a timely, comprehensive,
multidisciplinary evaluation of his or her needs and level of
functioning in order to determine eligibility.  In the process of
determining eligibility of an infant or toddler, an assessment shall
be conducted by qualified personnel, and shall include a family
interview, to identify the child's unique strengths and needs and the
services appropriate to meet those needs; and the resources,
priorities and concerns of the family and the supports and services
necessary to enhance the family's capacity to meet the developmental
needs of their infant or toddler.  Evaluations and assessments shall
be shared and utilized between the regional center and the local
education agency, and any other agency providing services for the
eligible infant or toddler, as appropriate.  Family assessments shall
be family directed and voluntary on the part of the family.
Families shall be afforded the opportunity to participate in all
decisions regarding eligibility and services.
   (b) Regional centers and local education agencies or their
designees shall be responsible for ensuring that the requirements of
this section are implemented.  The procedures, requirements, and
timelines for evaluation and assessment shall be consistent with the
statutes and regulations under Part H of the Individuals with
Disabilities Education Act (20 U.S.C. 1471 et seq.), applicable
regulations, and this title, and shall be specified in regulations
adopted pursuant to Section 95028.
95018.  Each eligible infant or toddler and family shall be provided
a service coordinator who will be responsible for facilitating the
implementation of the individualized family service plan and for
coordinating with other agencies and persons providing services to
the family.  The qualifications, responsibilities, and functions of
service coordinators shall be consistent with the statutes and
regulations under Part H and this title, and shall be specified in
regulations adopted pursuant to Section 95028.  The State Department
of Developmental Services shall ensure that service coordinators, as
defined in federal law, meet federal and state regulation
requirements, are trained to work with infants and their families,
and meet competency requirements set forth in subsection (d) of
Section 303.22 of Title 34 of the Code of Federal Regulations.
Service coordinator caseloads shall be an overall average of 62
consumers to each staff member.  Pursuant to Section 303.521 of Title
34 of the Code of Federal Regulations, service coordination is not
subject to any fees that might be established for any other federal
or state program.
95020.  (a) Each eligible infant or toddler shall have an
individualized family service plan.  The individualized family
service plan shall be used in place of an individualized program plan
required pursuant to Sections 4646 and 4646.5 of the Welfare and
Institutions Code, the individual education plan required pursuant to
Section 56340 of the Education Code, or any other applicable service
plan.
   (b) For an infant or toddler who has been evaluated for the first
time, a meeting to share the results of the evaluation, to determine
eligibility and, for children who are eligible, to develop the
initial individualized family service plan shall be conducted within
45 calendar days of receipt of the written referral.  Evaluation
results and determination of eligibility may be shared in a meeting
with the family prior to the individualized family service plan.
Written parent consent to evaluate and assess shall be obtained
within the 45-day timeline.  A regional center, local education
agency, or their designees shall initiate and conduct this meeting.
Families shall be afforded the opportunity to participate in all
decisions regarding eligibility and services.
   (c) Parents shall be fully informed of their rights, including the
right to invite any other person, including a family member or an
advocate or peer parent, or any or all of them, to accompany them to
any or all individualized family service plan meetings.  With
parental consent, a referral shall be made to the local family
resource center or network.
   (d) The individualized family service plan shall be in writing and
shall address all of the following:
   (1) A statement of the infant or toddler's present levels of
physical development including vision, hearing, and health status,
cognitive development, communication development, social and
emotional development, and adaptive developments.
   (2) With the concurrence of the family, a statement of the family'
s concerns, priorities, and resources related to meeting the special
developmental needs of the eligible infant or toddler.
   (3) A statement of the major outcomes expected to be achieved for
the infant or toddler and family where services for the family are
related to meeting the special developmental needs of the eligible
infant or toddler.
   (4) The criteria, procedures, and timelines used to determine the
degree to which progress toward achieving the outcomes is being made
and whether modifications or revisions are necessary.
   (5) A statement of the specific early intervention services
necessary to meet the unique needs of the infant or toddler as
identified in paragraph (3), including, but not limited to, the
frequency, intensity, location, duration, and method of delivering
the services, and ways of providing services in natural environments.
   (6) A statement of the agency responsible for providing the
identified services.
   (7) The name of the service coordinator who shall be responsible
for facilitating implementation of the plan and coordinating with
other agencies and persons.
   (8) The steps to be taken to ensure transition of the infant or
toddler upon reaching three years of age to other appropriate
services.  These may include, as appropriate, special education or
other services offered in natural environments.
   (9) The projected dates for the initiation of services in
paragraph (5) and the anticipated duration of those services.
   (e) Each service identified on the individualized family service
plan shall be designated as one of three types:
   (1) An early intervention service, as defined in Part H (20 U.S.C.
  Section 1472 (2)), and applicable regulations, that is provided or
purchased through the regional center, local education agency, or
other participating agency.  The State Department of Health Services,
State Department of Social Services, State Department of Mental
Health, and State Department of Alcohol and Drug Programs shall
provide services in accordance with state and federal law and
applicable regulations, and up to the level of funding as
appropriated by the Legislature.  Early intervention services
identified on an individualized family service plan that exceed the
funding, statutory, and regulatory requirements of these departments
shall be provided or purchased by regional centers or local education
agencies under subdivisions (b) and (c) of Section 95014.  The State
Department of Health Services, State Department of Social Services,
State Department of Mental Health, and State Department of Alcohol
and Drug Programs shall not be required to provide early intervention
services over their existing funding, statutory, and regulatory
requirements.
   (2) Any other service, other than those specified in paragraph
(1), which the eligible infant or toddler or his or her family may
receive from other state programs, subject to the eligibility
standards of those programs.
   (3) A referral to a nonrequired service that may be provided to an
eligible infant or toddler or his or her family.  Nonrequired
services are those services that are not defined as early
intervention services or do not relate to meeting the special
developmental needs of an eligible infant or toddler related to the
disability, but which may be helpful to the family.  The granting or
denial of nonrequired services by any public or private agency is not
subject to appeal under this title.
   (f) An annual review, and other periodic reviews of the
individualized family service plan for an infant's or toddler and the
infant or toddler's family shall be conducted to determine the
degree of progress that is being made in achieving the outcomes
specified in the plan and whether modification or revision of the
outcomes or services is necessary.  The frequency, participants,
purpose, and required processes for annual and periodic reviews shall
be consistent with the statutes and regulations under Part H and
this title, and shall be specified in regulations adopted pursuant to
Section 95028.
95022.  The statewide system of early intervention shall be
administered by the State Department of Developmental Services in
collaboration with the State Department of Education and with the
advice and assistance of an interagency coordinating council
established pursuant to federal regulations and shall include all of
the following mandatory components:
   (a) A central directory that includes information about early
intervention services, resources, and experts available in the state,
professionals and other groups providing services to eligible
infants and toddlers, and research and demonstration projects being
conducted in the state.  The central directory shall specify the
nature and scope of the services available and the telephone number
and address for each of the sources listed in the directory.
   (b) A public awareness program focusing on early identification of
eligible infants and toddlers and the dissemination of information
about the purpose and scope of the system of early intervention
services and how to access evaluation and other early intervention
services.
   (c) Personnel standards that ensure that personnel are
appropriately and adequately prepared and trained.
   (d) A comprehensive system of personnel development that provides
training for personnel including, but not limited to, public and
private providers, primary referral sources, paraprofessionals, and
persons who will serve as service coordinators.  The training shall
specifically address at least all of the following:
   (1) Understanding the early intervention services system,
including the family service plan process.
   (2) Meeting the interrelated social, emotional, and health needs
of eligible infants and toddlers.
   (3) Assisting families in meeting the special developmental needs
of the infant or toddler, assisting professionals to utilize best
practices in family focused early intervention services and promoting
family professional collaboration.
   (4) Reflecting the unique needs of local communities and promoting
culturally competent service delivery.
   (e) A comprehensive child-find system, including policies and
procedures that ensure that all infants and toddlers who may be
eligible for services under this title are identified, located, and
evaluated, that services are coordinated between participating
agencies, and that infants and toddlers are referred to the
appropriate agency.
   (f) A surrogate parent program established pursuant to Section
303.406 of Title 34 of the Code of Federal Regulations to be used by
regional centers and local education agencies.