Public Act 93-0124
HB0414 Enrolled LRB093 02198 DRJ 02205 b
AN ACT in relation to children.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Early Intervention Services System Act is
amended by changing Sections 3 and 13.50 as follows:
(325 ILCS 20/3) (from Ch. 23, par. 4153)
Sec. 3. Definitions. As used in this Act:
(a) "Eligible infants and toddlers" means infants and
toddlers under 36 months of age with any of the following
conditions:
(1) Developmental delays as defined by the
Department by rule.
(2) A physical or mental condition which typically
results in developmental delay.
(3) Being at risk of having substantial
developmental delays based on informed clinical judgment.
(4) Either (A) having entered the program under any
of the circumstances listed in paragraphs (1) through (3)
of this subsection but no longer meeting the current
eligibility criteria under those paragraphs, and
continuing to have any measurable delay, or (B) not
having attained a level of development in each area,
including (i) cognitive, (ii) physical (including vision
and hearing), (iii) language, speech, and communication,
(iv) psycho-social, or (v) self-help skills, that is at
least at the mean of the child's age equivalent peers;
and, in addition to either item (A) or item (B), (C)
having been determined by the multidisciplinary
individualized family service plan team to require the
continuation of early intervention services in order to
support continuing developmental progress, pursuant to
the child's needs and provided in an appropriate
developmental manner. The type, frequency, and intensity
of services shall differ from the initial individualized
family services plan because of the child's developmental
progress, and may consist of only service coordination,
evaluation, and assessments.
(b) "Developmental delay" means a delay in one or more
of the following areas of childhood development as measured
by appropriate diagnostic instruments and standard
procedures: cognitive; physical, including vision and
hearing; language, speech and communication; psycho-social;
or self-help skills. The term means a delay of 30% or more
below the mean in function in one or more of those areas.
(c) "Physical or mental condition which typically
results in developmental delay" means:
(1) a diagnosed medical disorder bearing a
relatively well known expectancy for developmental
outcomes within varying ranges of developmental
disabilities; or
(2) a history of prenatal, perinatal, neonatal or
early developmental events suggestive of biological
insults to the developing central nervous system and
which either singly or collectively increase the
probability of developing a disability or delay based on
a medical history.
(d) "Informed clinical judgment" means both clinical
observations and parental participation to determine
eligibility by a consensus of a multidisciplinary team of 2
or more members based on their professional experience and
expertise.
(e) "Early intervention services" means services which:
(1) are designed to meet the developmental needs of
each child eligible under this Act and the needs of his
or her family;
(2) are selected in collaboration with the child's
family;
(3) are provided under public supervision;
(4) are provided at no cost except where a schedule
of sliding scale fees or other system of payments by
families has been adopted in accordance with State and
federal law;
(5) are designed to meet an infant's or toddler's
developmental needs in any of the following areas:
(A) physical development, including vision and
hearing,
(B) cognitive development,
(C) communication development,
(D) social or emotional development, or
(E) adaptive development;
(6) meet the standards of the State, including the
requirements of this Act;
(7) include one or more of the following:
(A) family training,
(B) social work services, including
counseling, and home visits,
(C) special instruction,
(D) speech, language pathology and audiology,
(E) occupational therapy,
(F) physical therapy,
(G) psychological services,
(H) service coordination services,
(I) medical services only for diagnostic or
evaluation purposes,
(J) early identification, screening, and
assessment services,
(K) health services specified by the lead
agency as necessary to enable the infant or toddler
to benefit from the other early intervention
services,
(L) vision services,
(M) transportation, and
(N) assistive technology devices and services;
(8) are provided by qualified personnel, including
but not limited to:
(A) child development specialists or special
educators,
(B) speech and language pathologists and
audiologists,
(C) occupational therapists,
(D) physical therapists,
(E) social workers,
(F) nurses,
(G) nutritionists,
(H) optometrists,
(I) psychologists, and
(J) physicians;
(9) are provided in conformity with an
Individualized Family Service Plan;
(10) are provided throughout the year; and
(11) are provided in natural environments,
including the home and community settings in which
infants and toddlers without disabilities would
participate to the extent determined by the
multidisciplinary Individualized Family Service Plan.
(f) "Individualized Family Service Plan" or "Plan" means
a written plan for providing early intervention services to a
child eligible under this Act and the child's family, as set
forth in Section 11.
(g) "Local interagency agreement" means an agreement
entered into by local community and State and regional
agencies receiving early intervention funds directly from the
State and made in accordance with State interagency
agreements providing for the delivery of early intervention
services within a local community area.
(h) "Council" means the Illinois Interagency Council on
Early Intervention established under Section 4.
(i) "Lead agency" means the State agency responsible for
administering this Act and receiving and disbursing public
funds received in accordance with State and federal law and
rules.
(i-5) "Central billing office" means the central billing
office created by the lead agency under Section 13.
(j) "Child find" means a service which identifies
eligible infants and toddlers.
(k) "Regional intake entity" means the lead agency's
designated entity responsible for implementation of the Early
Intervention Services System within its designated geographic
area.
(l) "Early intervention provider" means an individual
who is qualified, as defined by the lead agency, to provide
one or more types of early intervention services, and who has
enrolled as a provider in the early intervention program.
(m) "Fully credentialed early intervention provider"
means an individual who has met the standards in the State
applicable to the relevant profession, and has met such other
qualifications as the lead agency has determined are suitable
for personnel providing early intervention services,
including pediatric experience, education, and continuing
education. The lead agency shall establish these
qualifications by rule filed no later than 180 days after the
effective date of this amendatory Act of the 92nd General
Assembly.
(Source: P.A. 91-538, eff. 8-13-99; 92-307, eff. 8-9-01.)
(325 ILCS 20/13.50)
Sec. 13.50. Early Intervention Legislative Advisory
Committee. No later than 60 days after the effective date of
this amendatory Act of 92nd General Assembly, there shall be
convened the Early Intervention Legislative Advisory
Committee. The majority and minority leaders of the General
Assembly shall each appoint 2 members to the Committee. The
Committee's term is for a period of 4 2 years, and the
Committee shall publicly convene no less than 4 times per
year. The Committee's responsibilities shall include, but not
be limited to, providing guidance to the lead agency
regarding programmatic and fiscal management and
accountability, provider development and accountability,
contracting, and program outcome measures. During the life
of the Committee, on a quarterly basis, or more often as the
Committee may request, the lead agency shall provide to the
Committee, and simultaneously to the public, through postings
on the lead agency's early intervention website, quarterly
reports containing monthly data and other early intervention
program information that the Committee requests. The first
data report must be supplied no later than September 21,
2001, and must include the previous 2 quarters of data.
(Source: P.A. 92-307, eff. 8-9-01.)
Section 99. Effective date. This Act takes effect upon
becoming law.