2007 California Government Code Chapter 4. Eligibility

CA Codes (gov:95014)

95014.  (a) The term "eligible infant or toddler" for the purposes
of this title means infants and toddlers from birth through two years
of age, for whom a need for early intervention services, as
specified in the federal Individuals with Disabilities Education Act
(20 U.S.C. Sec. 1431 et seq.) and applicable regulations, is
documented by means of assessment and evaluation as required in
Sections 95016 and 95018 and who meet one of the following criteria:

   (1) Infants and toddlers with a developmental delay in one or more
of the following five areas: cognitive development; physical and
motor development, including vision and hearing; communication
development; social or emotional development; or adaptive
development. Developmentally delayed infants and toddlers are those
who are determined to have a significant difference between the
expected level of development for their age and their current level
of functioning. This determination shall be made by qualified
personnel who are recognized by, or part of, a multidisciplinary
team, including the parents.
   (2) Infants and toddlers with established risk conditions, who are
infants and toddlers with conditions of known etiology or conditions
with established harmful developmental consequences. The conditions
shall be diagnosed by a qualified personnel recognized by, or part
of, a multidisciplinary team, including the parents. The condition
shall be certified as having a high probability of leading to
developmental delay if the delay is not evident at the time of
diagnosis.
   (3) Infants and toddlers who are at high risk of having
substantial developmental disability due to a combination of
biomedical risk factors, the presence of which is diagnosed by
qualified clinicians recognized by, or part of, a multidisciplinary
team, including the parents.
   (b) Regional centers and local educational agencies shall be
responsible for ensuring that eligible infants and toddlers are
served as follows:
   (1) The State Department of Developmental Services and regional
centers shall be responsible for the provision of appropriate early
intervention services in accordance with Part C of the federal
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1431 et
seq.) for all infants eligible under Section 95014, except for those
infants with solely a visual, hearing, or severe orthopedic
impairment, or any combination of those impairments, who meet the
criteria in Sections 56026 and 56026.5 of the Education Code, and in
Section 3030(a), (b), (d), or (e) of, and Section 3031 of, Title 5 of
the California Code of Regulations.
   (2) The State Department of Education and local educational
agencies shall be responsible for the provision of appropriate early
intervention services in accordance with Part C of the federal
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1431 et
seq.) for infants with solely a visual, hearing, or severe orthopedic
impairment, or any combination of those impairments, who meet the
criteria in Sections 56026 and 56026.5 of the Education Code, and in
Section 3030(a), (b), (d), or (e) of, and Section 3031 of, Title 5 of
the California Code of Regulations, and who are not eligible for
services under the Lanterman Developmental Disabilities Services Act
(Division 4.5 (commencing with Section 4500) of the Welfare and
Institutions Code).
   (c) For infants and toddlers and their families who are eligible
to receive services from both a regional center and a local
educational agency, the regional center shall be the agency
responsible for providing or purchasing appropriate early
intervention services that are beyond the mandated responsibilities
of local educational agencies. The local educational agency shall
provide special education services up to its funded program capacity
as established annually by the State Department of Education in
consultation with the State Department of Developmental Services and
the Department of Finance.
   (d) No agency or multidisciplinary team, including any agency
listed in Section 95012, shall presume or determine eligibility,
including eligibility for medical services, for any other agency.
However, regional centers and local educational agencies shall
coordinate intake, evaluation, assessment, and individualized family
service plans for infants and toddlers and their families who are
served by an agency.
   (e) Upon termination of the program pursuant to Section 95003, the
State Department of Developmental Services shall be responsible for
the payment of services pursuant to this title.