CHAPTER 2. INFANTS AND TODDLERS WITH DISABILITIES PROGRAM
IC 12-12.7-2
Chapter 2. Infants and Toddlers With Disabilities Program
IC 12-12.7-2-1
"Agency"
Sec. 1. As used in this chapter, "agency" means a department, acommission, a council, a board, a bureau, a division, a service, anoffice, or an administration that is responsible for providing servicesto infants and toddlers with disabilities and their families, includingthe following:
(1) The division of mental health and addiction.
(2) The state department of health.
(3) The division of family resources.
(4) The division of disability, aging, and rehabilitative services.
(5) The department of education.
(6) The department of child services.
As added by P.L.93-2006, SEC.11.
IC 12-12.7-2-2
"Council"
Sec. 2. As used in this chapter, "council" refers to the interagencycoordinating council established by section 7 of this chapter.
As added by P.L.93-2006, SEC.11.
IC 12-12.7-2-3
"Early intervention services"
Sec. 3. (a) As used in this chapter, "early intervention services"means developmental services that meet the following conditions:
(1) Are provided under public supervision.
(2) Are designed to meet the developmental needs of infantsand toddlers with disabilities in at least one (1) of the areasspecified in section 4(a)(1) of this chapter.
(3) Meet all required state and federal standards.
(4) Are provided by qualified personnel, including thefollowing:
(A) Early childhood special educators, early childhoodeducators, and special educators.
(B) Speech and language pathologists and audiologists.
(C) Occupational therapists.
(D) Physical therapists.
(E) Psychologists.
(F) Social workers.
(G) Nurses.
(H) Nutritionists.
(I) Family therapists.
(J) Orientation and mobility specialists.
(K) Pediatricians and other physicians.
(5) To the maximum extent appropriate, are provided in naturalenvironments, including the home and community settings inwhich children without disabilities participate. (6) Are provided in conformity with an individualized familyservice plan adopted in accordance with 20 U.S.C. 1435.
(b) The term includes the following services:
(1) Family training, counseling, and home visits.
(2) Special instruction.
(3) Speech and language pathology, audiology, and signlanguage and cued language services.
(4) Occupational therapy.
(5) Physical therapy.
(6) Psychological services.
(7) Service coordination services.
(8) Medical services only for diagnostic, evaluation, orconsultation purposes.
(9) Early identification, screening, and assessment services.
(10) Other health services necessary for an infant or a toddlerto benefit from the services.
(11) Vision services.
(12) Supportive technology services.
(13) Transportation and related costs that are necessary toenable an infant or a toddler and the infant's or toddler's familyto receive early intervention services.
As added by P.L.93-2006, SEC.11.
IC 12-12.7-2-4
"Infants and toddlers with disabilities"
Sec. 4. (a) As used in this chapter, "infants and toddlers withdisabilities" means individuals from birth through two (2) years ofage who need early intervention services because the individualsmeet the following conditions:
(1) Are experiencing developmental delays, as measured byappropriate diagnostic instruments and procedures, in at leastone (1) of the following:
(A) Cognitive development.
(B) Physical development.
(C) Communication development.
(D) Social or emotional development.
(E) Adaptive development.
(2) Have a diagnosed physical or mental condition that has ahigh probability of resulting in developmental delay.
(b) The term may also include, under rules adopted by thedivision, individuals from birth through two (2) years of age who areat risk of having substantial developmental delays if earlyintervention services are not provided.
As added by P.L.93-2006, SEC.11.
IC 12-12.7-2-5
Purposes of chapter
Sec. 5. The purposes of this chapter are as follows:
(1) To enhance the development and minimize the potential fordevelopmental delay of infants and toddlers with disabilities. (2) To reduce educational costs to the state by minimizing theneed for special education and related services after infants andtoddlers with disabilities reach school age.
(3) To minimize the likelihood of institutionalization andmaximize the potential for independent living of individualswith disabilities.
(4) To enhance the capacity of families to meet the specialneeds of infants and toddlers with disabilities.
(5) To comply with 20 U.S.C. 1431 through 1445.
As added by P.L.93-2006, SEC.11.
IC 12-12.7-2-6
Administration and supervision; financial responsibility
Sec. 6. (a) The division shall do the following:
(1) Carry out the general administration and supervision ofprograms and activities receiving assistance under this chapter,monitor programs and activities implemented by the state,regardless of whether the programs and activities are receivingassistance under this chapter, and ensure that the state complieswith 20 U.S.C. 1431 through 1445 in implementing this chapter.
(2) Identify and coordinate all available resources from federal,state, local, and private sources, including public and privateinsurance coverage and using all existing applicable resourcesto the full extent of the resources.
(3) Develop procedures to ensure that early interventionservices are provided to infants and toddlers with disabilitiesand their families in a timely manner pending the resolution ofdisputes among public agencies and providers.
(4) Resolve disputes within an agency or between agencies.
(5) Enter into formal interagency agreements that define thefinancial responsibility of each agency for paying for earlyintervention services consistent with Indiana law andprocedures for resolving disputes, including all additionalcomponents necessary to ensure meaningful cooperation andcoordination.
(6) Develop and implement utilization review procedures forservices provided under this chapter.
(b) The state shall designate an individual or entity responsible forassigning financial responsibility among appropriate agencies underthis chapter.
As added by P.L.93-2006, SEC.11.
IC 12-12.7-2-7
Establishment of council
Sec. 7. The interagency coordinating council is established.
As added by P.L.93-2006, SEC.11.
IC 12-12.7-2-8
Membership
Sec. 8. (a) The council consists of at least fifteen (15) but not
more than twenty-five (25) members appointed by the governor asfollows:
(1) At least twenty percent (20%) of the members must beindividuals who:
(A) are parents, including minority parents, of infants ortoddlers with disabilities or of children who are less thanthirteen (13) years of age with disabilities; and
(B) have knowledge of or experience with programs forinfants and toddlers with disabilities.
At least one (1) of the members described in this subdivisionmust be a parent of an infant or toddler with a disability or of achild less than seven (7) years of age with a disability.
(2) At least twenty percent (20%) of the members must bepublic or private providers of early intervention services.
(3) At least one (1) member must be a member of the generalassembly.
(4) Each of the state agencies involved in the provision of orpayment for early intervention services to infants and toddlerswith disabilities and their families must be represented by atleast one (1) member. The members described in thissubdivision must have sufficient authority to engage in policyplanning and implementation on behalf of the state agency themember represents.
(5) At least one (1) member must be involved in personnelpreparation.
(6) At least one (1) member must:
(A) represent a state educational agency responsible forpreschool services to children with disabilities; and
(B) have sufficient authority to engage in policy planningand implementation on behalf of the agency.
(7) At least one (1) member must represent the department ofinsurance created by IC 27-1-1-1.
(8) At least one (1) member must represent an agency orprogram that is:
(A) located in Indiana; and
(B) authorized to participate in the Head Start program under42 U.S.C. 9831 et seq.
(9) At least one (1) member must represent a state agencyresponsible for child care.
(10) At least one (1) member must represent the office ofMedicaid policy and planing established by IC 12-8-6-1.
(11) At least one (1) member must be a representativedesignated by the office of coordinator for education ofhomeless children and youths.
(12) At least one (1) member must be a state foster carerepresentative from the department of child services establishedby IC 31-33-1.5-2.
(13) At least one (1) member must represent the division ofmental health and addiction established by IC 12-21-1-1.
(b) To the extent possible, the governor shall ensure that the
membership of the council reasonably represents the population ofIndiana.
As added by P.L.93-2006, SEC.11.
IC 12-12.7-2-9
Appointment and terms of council members
Sec. 9. (a) The governor shall make the initial appointments undersection 8 of this chapter with staggered terms and subsequentappointments for terms of three (3) years.
(b) A council member may be reappointed for succeeding terms.
As added by P.L.93-2006, SEC.11.
IC 12-12.7-2-10
Chairperson
Sec. 10. (a) The governor shall:
(1) designate a member of the council to serve as thechairperson of the council; or
(2) require the council to designate a chairperson from withinits membership.
(b) A member of the council who is a representative of thedivision may not serve as chairperson of the council.
(c) A chairperson may be reappointed for succeeding terms.
As added by P.L.93-2006, SEC.11.
IC 12-12.7-2-11
Called meetings
Sec. 11. Any of the following may call a meeting of the council:
(1) The governor.
(2) The chairperson of the council.
As added by P.L.93-2006, SEC.11.
IC 12-12.7-2-12
Vacancies
Sec. 12. The governor shall fill vacancies on the council.
As added by P.L.93-2006, SEC.11.
IC 12-12.7-2-13
Frequency of meetings
Sec. 13. The council shall meet at least quarterly each year.
As added by P.L.93-2006, SEC.11.
IC 12-12.7-2-14
Budget; use of funds
Sec. 14. The council may prepare and approve a budget usingfunds under this chapter to do the following:
(1) Conduct hearings and forums.
(2) Reimburse members of the council for reasonable andnecessary expenses for attending council meetings andperforming council duties, including child care for the memberswho are representatives of parents. (3) Pay compensation to a member of the council if the memberis not employed or is required to forfeit wages from otheremployment when absent from the other employment due to theperformance of council business.
(4) Hire the staff and obtain services that are necessary to carryout the council's functions.
As added by P.L.93-2006, SEC.11.
IC 12-12.7-2-15
Powers and duties
Sec. 15. The council shall do the following:
(1) Advise and assist the division in the performance of theresponsibilities set forth in section 6 of this chapter, particularlythe following:
(A) Identification of sources of fiscal and other support forservices for early intervention programs.
(B) Use of existing resources to the full extent inimplementing early intervention programs.
(C) Assignment of financial responsibility to the appropriateagency.
(D) Promotion of interagency agreements.
(E) Development and implementation of utilization reviewprocedures.
(2) Advise and assist the division in the preparation ofapplications required under 20 U.S.C. 1431 through 1445.
(3) Prepare and submit an annual report to the governor, thegeneral assembly, and the United States Secretary of Educationby November 1 of each year concerning the status of earlyintervention programs for infants and toddlers with disabilitiesand their families. A report submitted under this subdivision tothe general assembly must be in an electronic format underIC 5-14-6.
(4) Periodically request from the agencies responsible forproviding early childhood intervention services for infants andtoddlers with disabilities and preschool special educationprograms written reports concerning the implementation of eachagency's respective programs.
(5) Make recommendations to the various agencies concerningimprovements to each agency's delivery of services.
(6) Otherwise comply with 20 U.S.C. 1441.
As added by P.L.93-2006, SEC.11.
IC 12-12.7-2-16
Advice and assistance regarding other services
Sec. 16. (a) To the extent that the services are appropriate, thecouncil shall advise and assist the department of education regardingthe transition of toddlers with disabilities to preschool specialeducation services under IC 20-35.
(b) The council may advise and assist the division and thedepartment of education regarding the provision of appropriate
services for children who are less than six (6) years of age.
As added by P.L.93-2006, SEC.11.
IC 12-12.7-2-17
Cost participation schedule; cost participation plan
Sec. 17. (a) A family shall participate in the cost of programs andservices provided under this chapter to the extent allowed by federallaw according to the following cost participation schedule:
Percentage of Copayment Maximum
Federal Income Per Monthly
Poverty Level Treatment Cost Share
At But Not
Least More Than
0% 250% $ 0 $ 0
251% 350% $ 3 $ 24
351% 450% $ 6 $ 48
451% 550% $ 15 $ 120
551% 650% $ 25 $ 200
651% 750% $ 50 $ 400
751% 850% $ 75 $ 600
851% 1000% $ 100 $ 800
1001% $ 120 $ 960
(b) A cost participation plan used by the division for families toparticipate in the cost of the programs and services provided underthis chapter:
(1) must:
(A) be based on income and ability to pay;
(B) provide for a review of a family's cost participationamount:
(i) annually; and
(ii) within thirty (30) days after the family reports areduction in income; and
(C) allow the division to waive a required copayment if othermedical expenses or personal care needs expenses for anymember of the family reduce the level of income the familyhas available to pay copayments under this section;
(2) may allow a family to voluntarily contribute payments thatexceed the family's required cost participation amount;
(3) must require the family to allow the division access to allhealth care coverage information that the family has concerningthe infant or toddler who is to receive services;
(4) must require families to consent to the division billing thirdparty payors for early intervention services provided;
(5) may allow the division to waive the billing to third partypayors if the family is able to demonstrate financial or personalhardship on the part of the family member; and
(6) must require the division to waive the family's monthlycopayments in any month for those services for which itreceives payment from the family's health insurance coverage.
(c) Funds received through a cost participation plan under this
section must be used to fund programs described in section 18 of thischapter.
As added by P.L.93-2006, SEC.11.
IC 12-12.7-2-18
Adoption of rules
Sec. 18. Upon the recommendations of the council, the divisionshall adopt rules under IC 4-22-2 providing for a statewide system ofcoordinated, comprehensive, multidisciplinary, interagency programsthat provide appropriate early intervention services to all infants andtoddlers with disabilities and their families to the extent requiredunder 20 U.S.C. 1431 through 1445.
As added by P.L.93-2006, SEC.11.
IC 12-12.7-2-19
Budget agency reports
Sec. 19. The budget agency shall annually report to the healthfinance commission, the budget committee, and the commission ondevelopmental disabilities the following information concerning thefunding of the program under this chapter:
(1) The total amount billed to a federal or state program eachstate fiscal year for services provided under this chapter,including the following programs:
(A) Medicaid.
(B) The children's health insurance program.
(C) The federal Temporary Assistance for Needy Families(TANF) program (45 CFR 265).
(D) Any other state or federal program.
(2) The total amount billed each state fiscal year to an insurancecompany for services provided under this chapter and the totalamount reimbursed by the insurance company.
(3) The total copayments collected under this chapter each statefiscal year.
(4) The total administrative expenditures.
The report must be submitted before September 1 for the precedingstate fiscal year in an electronic format under IC 5-14-6.
As added by P.L.93-2006, SEC.11. Amended by P.L.3-2009, SEC.7.
IC 12-12.7-2-20
Mandatory features of statewide early intervention services system
Sec. 20. To the extent required in 20 U.S.C. 1431 through 1445,the statewide system must include the following:
(1) A definition of the term "developmentally delayed" to beused in carrying out the programs under this chapter.
(2) The timetables necessary for ensuring that the appropriateearly intervention services are available to all infants andtoddlers with disabilities before the beginning of the fifth yearof the state's participation under 20 U.S.C. 1431 through 1445.
(3) A timely, comprehensive, multidisciplinary evaluation of thefunctioning of each infant and toddler with disabilities in
Indiana and the needs of the families, to appropriately assist inthe development of the infant and toddler with disabilitiesprogram.
(4) For each infant and toddler with disabilities in Indiana, anindividualized family service plan in accordance with 20 U.S.C.1436, including case management services consistent with theindividualized family service plan.
(5) A comprehensive system for identifying infants and toddlerswith disabilities, including a system for making referrals toservice providers that:
(A) includes time lines; and
(B) provides for the participation by primary referralsources.
(6) A public awareness program.
(7) A central directory that includes early intervention services,resources, experts, and research and demonstration projectsbeing conducted.
(8) A comprehensive system of personnel development.
(9) A policy pertaining to contracting or making otherarrangements with service providers to provide earlyintervention services in Indiana, consistent with 20 U.S.C. 1431through 1445 and including the contents of the application usedand the conditions of the contract or other arrangements.
(10) A procedure for securing timely reimbursement of fundsused under this chapter in accordance with 20 U.S.C. 1440(a).
(11) Procedural safeguards with respect to programs under thischapter as required under 20 U.S.C. 1439.
(12) Policies and procedures relating to the establishment andmaintenance of standards to ensure that personnel necessary tocarry out this chapter are appropriately and adequately preparedand trained, including the following:
(A) The establishment and maintenance of standards that areconsistent with any state approved or recognizedcertification, licensing, registration, or other comparablerequirements that apply to the area in which the personnelare providing early intervention services.
(B) To the extent the standards are not based on the highestrequirements in Indiana applicable to the specific professionor discipline, the steps the state is taking to require theretraining or hiring of personnel that meet appropriateprofessional requirements in Indiana.
(13) A system for compiling data on the following:
(A) The number of infants and toddlers with disabilities andtheir families in Indiana in need of appropriate earlyintervention services, which may be based on a sampling ofdata.
(B) The number of infants, toddlers, and families of infantsand toddlers served.
(C) The types of services provided, which may be based ona sampling of data. (D) Other information required under 20 U.S.C. 1431through 1445.
As added by P.L.93-2006, SEC.11.