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, a
commission, a council, a board, a bureau, a division, a service, an
office, or an administration that is responsible for providing services
to infants and toddlers with disabilities and their families, including
the 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 interagency
coordinating 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 infants
and toddlers with disabilities in at least one (1) of the areas
specified in section 4(a)(1) of this chapter.
(3) Meet all required state and federal standards.
(4) Are provided by qualified personnel, including the
following:
(A) Early childhood special educators, early childhood
educators, 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 natural
environments, including the home and community settings in
which children without disabilities participate.
(6) Are provided in conformity with an individualized family
service 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 sign
language and cued language services.
(4) Occupational therapy.
(5) Physical therapy.
(6) Psychological services.
(7) Service coordination services.
(8) Medical services only for diagnostic, evaluation, or
consultation purposes.
(9) Early identification, screening, and assessment services.
(10) Other health services necessary for an infant or a toddler
to benefit from the services.
(11) Vision services.
(12) Supportive technology services.
(13) Transportation and related costs that are necessary to
enable an infant or a toddler and the infant's or toddler's family
to 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 with
disabilities" means individuals from birth through two (2) years of
age who need early intervention services because the individuals
meet the following conditions:
(1) Are experiencing developmental delays, as measured by
appropriate diagnostic instruments and procedures, in at least
one (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 a
high probability of resulting in developmental delay.
(b) The term may also include, under rules adopted by the
division, individuals from birth through two (2) years of age who are
at risk of having substantial developmental delays if early
intervention 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 for
developmental delay of infants and toddlers with disabilities.
(2) To reduce educational costs to the state by minimizing the
need for special education and related services after infants and
toddlers with disabilities reach school age.
(3) To minimize the likelihood of institutionalization and
maximize the potential for independent living of individuals
with disabilities.
(4) To enhance the capacity of families to meet the special
needs 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 of
programs and activities receiving assistance under this chapter,
monitor programs and activities implemented by the state,
regardless of whether the programs and activities are receiving
assistance under this chapter, and ensure that the state complies
with 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 private
insurance coverage and using all existing applicable resources
to the full extent of the resources.
(3) Develop procedures to ensure that early intervention
services are provided to infants and toddlers with disabilities
and their families in a timely manner pending the resolution of
disputes among public agencies and providers.
(4) Resolve disputes within an agency or between agencies.
(5) Enter into formal interagency agreements that define the
financial responsibility of each agency for paying for early
intervention services consistent with Indiana law and
procedures for resolving disputes, including all additional
components necessary to ensure meaningful cooperation and
coordination.
(6) Develop and implement utilization review procedures for
services provided under this chapter.
(b) The state shall designate an individual or entity responsible for
assigning financial responsibility among appropriate agencies under
this 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 as
follows:
(1) At least twenty percent (20%) of the members must be
individuals who:
(A) are parents, including minority parents, of infants or
toddlers with disabilities or of children who are less than
thirteen (13) years of age with disabilities; and
(B) have knowledge of or experience with programs for
infants and toddlers with disabilities.
At least one (1) of the members described in this subdivision
must be a parent of an infant or toddler with a disability or of a
child less than seven (7) years of age with a disability.
(2) At least twenty percent (20%) of the members must be
public or private providers of early intervention services.
(3) At least one (1) member must be a member of the general
assembly.
(4) Each of the state agencies involved in the provision of or
payment for early intervention services to infants and toddlers
with disabilities and their families must be represented by at
least one (1) member. The members described in this
subdivision must have sufficient authority to engage in policy
planning and implementation on behalf of the state agency the
member represents.
(5) At least one (1) member must be involved in personnel
preparation.
(6) At least one (1) member must:
(A) represent a state educational agency responsible for
preschool services to children with disabilities; and
(B) have sufficient authority to engage in policy planning
and implementation on behalf of the agency.
(7) At least one (1) member must represent the department of
insurance created by IC 27-1-1-1.
(8) At least one (1) member must represent an agency or
program that is:
(A) located in Indiana; and
(B) authorized to participate in the Head Start program under
42 U.S.C. 9831 et seq.
(9) At least one (1) member must represent a state agency
responsible for child care.
(10) At least one (1) member must represent the office of
Medicaid policy and planing established by IC 12-8-6-1.
(11) At least one (1) member must be a representative
designated by the office of coordinator for education of
homeless children and youths.
(12) At least one (1) member must be a state foster care
representative from the department of child services established
by IC 31-33-1.5-2.
(13) At least one (1) member must represent the division of
mental 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 of
Indiana.
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 under
section 8 of this chapter with staggered terms and subsequent
appointments 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 the
chairperson of the council; or
(2) require the council to designate a chairperson from within
its membership.
(b) A member of the council who is a representative of the
division 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 using
funds under this chapter to do the following:
(1) Conduct hearings and forums.
(2) Reimburse members of the council for reasonable and
necessary expenses for attending council meetings and
performing council duties, including child care for the members
who are representatives of parents.
(3) Pay compensation to a member of the council if the member
is not employed or is required to forfeit wages from other
employment when absent from the other employment due to the
performance of council business.
(4) Hire the staff and obtain services that are necessary to carry
out 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 the
responsibilities set forth in section 6 of this chapter, particularly
the following:
(A) Identification of sources of fiscal and other support for
services for early intervention programs.
(B) Use of existing resources to the full extent in
implementing early intervention programs.
(C) Assignment of financial responsibility to the appropriate
agency.
(D) Promotion of interagency agreements.
(E) Development and implementation of utilization review
procedures.
(2) Advise and assist the division in the preparation of
applications required under 20 U.S.C. 1431 through 1445.
(3) Prepare and submit an annual report to the governor, the
general assembly, and the United States Secretary of Education
by November 1 of each year concerning the status of early
intervention programs for infants and toddlers with disabilities
and their families. A report submitted under this subdivision to
the general assembly must be in an electronic format under
IC 5-14-6.
(4) Periodically request from the agencies responsible for
providing early childhood intervention services for infants and
toddlers with disabilities and preschool special education
programs written reports concerning the implementation of each
agency's respective programs.
(5) Make recommendations to the various agencies concerning
improvements 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, the
council shall advise and assist the department of education regarding
the transition of toddlers with disabilities to preschool special
education services under IC 20-35.
(b) The council may advise and assist the division and the
department 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 and
services provided under this chapter to the extent allowed by federal
law 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 to
participate in the cost of the programs and services provided under
this chapter:
(1) must:
(A) be based on income and ability to pay;
(B) provide for a review of a family's cost participation
amount:
(i) annually; and
(ii) within thirty (30) days after the family reports a
reduction in income; and
(C) allow the division to waive a required copayment if other
medical expenses or personal care needs expenses for any
member of the family reduce the level of income the family
has available to pay copayments under this section;
(2) may allow a family to voluntarily contribute payments that
exceed the family's required cost participation amount;
(3) must require the family to allow the division access to all
health care coverage information that the family has concerning
the infant or toddler who is to receive services;
(4) must require families to consent to the division billing third
party payors for early intervention services provided;
(5) may allow the division to waive the billing to third party
payors if the family is able to demonstrate financial or personal
hardship on the part of the family member; and
(6) must require the division to waive the family's monthly
copayments in any month for those services for which it
receives 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 this
chapter.
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 division
shall adopt rules under IC 4-22-2 providing for a statewide system of
coordinated, comprehensive, multidisciplinary, interagency programs
that provide appropriate early intervention services to all infants and
toddlers with disabilities and their families to the extent required
under 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 health
finance commission, the budget committee, and the commission on
developmental disabilities the following information concerning the
funding of the program under this chapter:
(1) The total amount billed to a federal or state program each
state 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 insurance
company for services provided under this chapter and the total
amount reimbursed by the insurance company.
(3) The total copayments collected under this chapter each state
fiscal year.
(4) The total administrative expenditures.
The report must be submitted before September 1 for the preceding
state 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 be
used in carrying out the programs under this chapter.
(2) The timetables necessary for ensuring that the appropriate
early intervention services are available to all infants and
toddlers with disabilities before the beginning of the fifth year
of the state's participation under 20 U.S.C. 1431 through 1445.
(3) A timely, comprehensive, multidisciplinary evaluation of the
functioning of each infant and toddler with disabilities in
Indiana and the needs of the families, to appropriately assist in
the development of the infant and toddler with disabilities
program.
(4) For each infant and toddler with disabilities in Indiana, an
individualized family service plan in accordance with 20 U.S.C.
1436, including case management services consistent with the
individualized family service plan.
(5) A comprehensive system for identifying infants and toddlers
with disabilities, including a system for making referrals to
service providers that:
(A) includes time lines; and
(B) provides for the participation by primary referral
sources.
(6) A public awareness program.
(7) A central directory that includes early intervention services,
resources, experts, and research and demonstration projects
being conducted.
(8) A comprehensive system of personnel development.
(9) A policy pertaining to contracting or making other
arrangements with service providers to provide early
intervention services in Indiana, consistent with 20 U.S.C. 1431
through 1445 and including the contents of the application used
and the conditions of the contract or other arrangements.
(10) A procedure for securing timely reimbursement of funds
used under this chapter in accordance with 20 U.S.C. 1440(a).
(11) Procedural safeguards with respect to programs under this
chapter as required under 20 U.S.C. 1439.
(12) Policies and procedures relating to the establishment and
maintenance of standards to ensure that personnel necessary to
carry out this chapter are appropriately and adequately prepared
and trained, including the following:
(A) The establishment and maintenance of standards that are
consistent with any state approved or recognized
certification, licensing, registration, or other comparable
requirements that apply to the area in which the personnel
are providing early intervention services.
(B) To the extent the standards are not based on the highest
requirements in Indiana applicable to the specific profession
or discipline, the steps the state is taking to require the
retraining or hiring of personnel that meet appropriate
professional requirements in Indiana.
(13) A system for compiling data on the following:
(A) The number of infants and toddlers with disabilities and
their families in Indiana in need of appropriate early
intervention services, which may be based on a sampling of
data.
(B) The number of infants, toddlers, and families of infants
and toddlers served.
(C) The types of services provided, which may be based on
a sampling of data.
(D) Other information required under 20 U.S.C. 1431
through 1445.
As added by P.L.93-2006, SEC.11.