2015 Arkansas Code
Title 20 - Public Health And Welfare
Subtitle 2 - Health And Safety
Chapter 14 - Individuals With Disabilities
Subchapter 5 - Early Intervention Program for Infants and Toddlers
§ 20-14-503 - Statewide system of programs -- Minimum requirements.

(a) A statewide system of coordinated, comprehensive, multidisciplinary, interagency programs providing appropriate early intervention services to all developmentally delayed infants and toddlers and their families shall include the minimum components under subsection (b) of this section.

(b) The statewide system required by subsection (a) of this section shall include, at a minimum:

(1) A definition of the term "developmentally delayed" that shall be used by the state in carrying out programs under this section;

(2) Timetables for ensuring appropriate early intervention services available to all developmentally delayed infants and toddlers in the state consistent with the federal timetables for the implementation of Pub. L. No. 99-457;

(3) A timely, comprehensive, multidisciplinary evaluation of the functioning of each developmentally delayed infant and toddler in the state and the needs of the families to appropriately assist in the development of the developmentally delayed infant or toddler;

(4) For each developmentally delayed infant and toddler in the state, an individualized family service plan in accordance with federal regulations under Pub. L. No. 99-457, including case management services in accordance with the service plan;

(5) A comprehensive child-find system, consistent with federal requirements, including a system for making referrals to service providers that includes timelines and provides for the participation by primary referral sources;

(6) A public awareness program focusing on early identification of infants and toddlers with developmental disabilities;

(7) A central directory which includes early intervention services, resources, and experts available in the state, and research and demonstration projects being conducted in the state;

(8) A comprehensive system of personnel development;

(9) A single line of responsibility in a lead agency designated or established by the Governor for carrying out:

(A) The general administration and supervision of programs and activities receiving assistance under Pub. L. No. 99-457, and the monitoring of programs and activities used by the state to carry out Part H of Pub. L. No. 99-457, whether or not such programs or activities receive Part H assistance, to ensure that the state complies with the requirements of Part H of Pub. L. No. 99-457;

(B) The identification and coordination of all available resources within the state from federal, state, local, and private sources;

(C) The assignment of financial responsibility to the appropriate agency;

(D) The development of procedures to ensure that services are provided to infants and toddlers with disabilities and their families in a timely manner pending the resolution of any disputes between public agencies or service providers;

(E) The resolution of intraagency and interagency disputes; and

(F) The entry into formal interagency agreements that define the financial responsibility of each agency for paying for early intervention services, consistent with state law, and procedures for resolving disputes that include all additional components necessary to ensure meaningful cooperation and coordination;

(10) A policy pertaining to the contracting or making of other arrangements with service providers to provide early intervention services in the state, consistent with the provisions of this section, including the contents of the application used and the conditions of the contract or other arrangements;

(11) A procedure for securing timely reimbursement of funds;

(12) Procedural safeguards with respect to programs;

(13) Policies and procedures relating to the establishment and maintenance of standards to ensure that personnel necessary to carry out this subchapter are appropriately and adequately prepared and trained, including:

(A) The establishment and maintenance of standards which are consistent with any state-approved or state-recognized certification, licensing, registration, or other comparable requirements which apply to the area in which personnel are providing early intervention services; and

(B) To the extent that the standards are not based on the highest requirements in the state applicable to a specific profession or discipline, the steps the state is taking to require the retraining or hiring of personnel who meet appropriate professional requirements in the state;

(14) A system for compiling data on the numbers of infants and toddlers with disabilities and their families in the state in need of appropriate early intervention services, which may be based on a sampling of data, the number of such infants and toddlers and their families served, the types of services provided, which may be based on a sampling of data, and other information required by the Secretary of the United States Department of Education;

(15) A process for increasing early intervention services and developing services in unserved areas by giving existing providers an opportunity to provide additional services in their service areas and by implementing a request for a proposal process for developing services in areas where there is no existing provider; and

(16) (A) An interagency agreement entered into by the Department of Health and the Department of Human Services providing that the names and addresses from birth records of the infants or toddlers and their families who, based on the information ascertainable from those birth records, are eligible for early intervention services shall be made available between these agencies.

(B) The agency requesting or receiving confidential information pursuant to the interagency agreement shall take appropriate measures to protect and maintain the confidentiality of the information and shall not release or disclose the information except as necessary to accomplish the objectives of the system.