South Dakota Administrative Code

Rule 24:14:10:04 Coordination with state agencies. 24:14:10:04. Coordination with state agencies. The department, with the assistance of the state interagency coordinating council, shall coordinate the child find system under this chapter with all other major efforts to locate an…

Rule 24:14:10:05 Repealed. 24:14:10:05. Membership of local child find committee.Repealed. Source: 20 SDR 223, effective July 7, 1994; repealed, 28 SDR 105, effective January 31, 2002.

Rule 24:14:10:06 Primary referral sources. 24:14:10:06. Primary referral sources. Each contractor shall develop a communication system with other primary referral sources and public agencies to report its child find information. Primary referral sources include hospitals, includi…

Rule 24:14:11:01 Repealed. 24:14:11:01. Screening procedures required.Repealed. Source: 20 SDR 223, effective July 7, 1994; repealed, 28 SDR 105, effective January 31, 2002. Rule 24:14:11:01.01 Screening procedures -- General. 24:14:11:01.01. Screening procedures -- General. Scre…

Rule 24:14:11:01.01 Screening procedures -- General. 24:14:11:01.01. Screening procedures -- General. Screening procedures are activities in this chapter that are carried out by, or under the supervision of, the department or early intervention service providers to identify, at t…

Rule 24:14:11:01.02 Conditions. 24:14:11:01.02. Conditions. For every child under the age of three who is referred to the Part C program or screened in accordance with this chapter, the department is not required to: (1) Provide an evaluation of the child unless the child is susp…

Rule 24:14:11:01.03 Screening procedures -- Parental notice and consent. 24:14:11:01.03. Screening procedures -- Parental notice and consent. The department, consistent with the requirements in this chapter, shall screen children under the age of three who have been referred to t…

Rule 24:14:11:02 Settings for screenings. 24:14:11:02. Settings for screenings. Screenings may be performed by a variety of qualified personnel in various settings, including: (1) Child development clinics; (2) Public health department clinics; (3) Public school divisions; (4) In…

Rule 24:14:11:03 Initial screening procedure. 24:14:11:03. Initial screening procedures. Repealed. Source: 20 SDR 223, effective July 7, 1994; 28 SDR 105, effective January 31, 2002; repealed, 39 SDR 109, effective December 17, 2012.

24:14:11:04. Areas to be screened -- Screening instruments. The following areas may be screened: (1) Cognitive development; (2) Physical development, including fine motor, gross motor, vision, and hearing; (3) Communication development, including receptive and expressive; (4) Soc…

Rule 24:14:11:04.01 Post-referral timeline. 24:14:11:04.01. Post-referral timeline. Except as provided in § 24:14:11:04.02, any screening, initial evaluation, initial assessments of the child and family, and the initial IFSP meeting must be completed within 45 days from the date …

Rule 24:14:11:04.02 Post-referral timeline -- Exceptions. 24:14:11:04.02. Post-referral timeline -- Exceptions. Subject to § 24:14:11:04.03, the 45-day timeline does not apply for any period when: (1) The child or parent is unavailable to complete the screening, if applicable, th…

Rule 24:14:11:04.03 Post-referral timeline -- Documentation. 24:14:11:04.03. Post-referral timeline -- Documentation. The department shall ensure, that if the circumstances described in § 24:14:11:04.02 exist, the department or early intervention service provider must: (1) Docume…

Rule 24:14:11:05 Repealed. 24:14:11:05. Results of screening. Repealed. Source: 20 SDR 223, effective July 7, 1994; repealed, 39 SDR 109, effective December 17, 2012.

Rule 24:14:11:06 Repealed. 24:14:11:06. Referral procedures required.Repealed. Source: 20 SDR 223, effective July 7, 1994; repealed, 28 SDR 105, effective January 31, 2002.

Rule 24:14:11:07 Primary referral sources. 24:14:11:07. Primary referral sources. The child find system includes procedures for use by primary referral sources for referring a child under the age of three to the early intervention program. The procedures must provide for making r…

Rule 24:14:11:08 Repealed. 24:14:11:08. Identification of children receiving services.Repealed. Source: 20 SDR 223, effective July 7, 1994; 26 SDR 153, effective May 22, 2000; repealed, 28 SDR 105, effective January 31, 2002.

24:14:11:09. Referral of specific at-risk infants and toddlers. The procedures required in § 24:14:11:07 must provide for requiring the referral of a child under the age of three who: (1) Is the subject of a substantiated case of child abuse or neglect; or (2) Is identified as di…

Rule 24:14:12:01 Repealed. 24:14:12:01. Evaluation and assessment procedures required.Repealed. Source: 20 SDR 223, effective July 7, 1994; repealed, 28 SDR 105, effective January 31, 2002. 24:14:12:01.01. Definitions. Terms used in this chapter mean: (1) "Assessment," the ongoin…

24:14:12:01.01. Definitions. Terms used in this chapter mean: (1) "Assessment," the ongoing procedures used by qualified personnel to identify the child's unique strengths and needs and the early intervention services appropriate to meet those needs throughout the period of the c…

24:14:12:02. Evaluation and assessment of individual child. The department shall ensure that, subject to obtaining parental consent, each child under the age of three who is referred for evaluation or early intervention services under Part C and who is suspected of having a disab…

Rule 24:14:12:02.01 Procedures for evaluation of child. 24:14:12:02.01. Procedures for evaluation of child. Procedures for evaluating the child must include: (1) Administering two or more evaluation instruments; (2) Taking the child's history, including interviewing the parent; (…

Rule 24:14:12:02.02 Use of records to determine eligibility. 24:14:12:02.02. Use of records to determine eligibility. A child's medical and other records may be used to establish eligibility, without conducting an evaluation of the child, under Part C if those records indicate th…

Rule 24:14:12:02.03 Informed clinical opinion. 24:14:12:02.03. Informed clinical opinion. Qualified personnel shall use informed clinical opinion when conducting an evaluation and assessment of the child. In addition, the department shall ensure that informed clinical opinion may…

24:14:12:03. Family-directed assessment of needs. A family-directed assessment must be completed to appropriately determine the child's and family's needs. A family-directed assessment must be carried out by qualified personnel using evidence-based early intervention practices as…

24:14:12:04. Nondiscrimination. The evaluation and assessment of children and families under this article must meet the following requirements for nondiscrimination: (1) Tests and other evaluation and assessment materials and procedures must be administered in the native language…

Rule 24:14:12:04.01 Determination child not eligible. 24:14:12:04.01. Determination child not eligible. If, based on the evaluation conducted under this chapter, the department determines that a child is not eligible under this article, the department shall provide the parent wit…

Rule 24:14:13:01 Individualized family service plan requirements. 24:14:13:01. Individualized family service plan requirements. Individualized family service plans must meet the following requirements: (1) Be developed jointly by the family and qualified personnel involved in the…

24:14:13:02. Department's responsibility. The department shall monitor agencies, institutions, and organizations used by the state to develop and implement individualized family service plans (IFSPs). The department shall resolve any dispute between agencies over the responsibili…

24:14:13:03. Development, review, and evaluation of individualized family service plan. An individualized family service plan (IFSP) must be developed, reviewed, and evaluated as follows: (1) For a child who has been referred to the Part C program and determined to be eligible, a…

24:14:13:03.01. Definitions. Terms used in this chapter mean: (1) "Frequency and intensity," the number of days or sessions that a service is provided, and whether the service is provided on an individual or group basis; (2) "Method," how a service is provided; (3) "Length," the …

24:14:13:04. Content of individualized family service plan. The individualized family service plan (IFSP) must contain: (1) A statement of the child's present levels of: (a) Physical development, including vision, hearing, and health status; (b) Cognitive development; (c) Communi…

Rule 24:14:13:04.01 Natural environment. 24:14:13:04.01. Natural environment. To the maximum extent appropriate, early intervention services are provided in natural environments. The provision of early intervention services for an infant or toddler may occur in a setting other th…

24:14:13:05. Transition from Part C program. An individualized family service plan (IFSP) team shall ensure the transition of a child participating in the Part C program under this article who is eligible for participation in preschool programs under Part B. This requirement incl…

Rule 24:14:13:05.01 Transition -- Intraagency agreement. 24:14:13:05.01. Transition -- Intraagency agreement. The department shall develop and implement an intraagency agreement between the state special education program and Part C program that includes the following: (1) Notifi…

24:14:13:06. Participation in individualized family service plan meetings and periodic reviews. The initial meeting and each annual meeting to evaluate the individualized family service plan (IFSP) must include the following participants: (1) The parent or parents of the child; (…

24:14:13:07. Provision of services before completion of evaluation and assessment. Early intervention services for an eligible child and the child's family may begin before the completion of the evaluation and assessment under the following circumstances: (1) Parental consent is …

24:14:13:08. Responsibility and accountability for individualized family service plan. Each agency or person who has a direct role in the provision of early intervention services is responsible for making a good faith effort to assist each eligible child in achieving the outcomes…

Rule 24:14:14:01 Repealed. 24:14:14:01. Procedural safeguards.Repealed. Source: 20 SDR 223, effective July 7, 1994; repealed, 28 SDR 105, effective January 31, 2002. Rule 24:14:14:01.01 Consent. 24:14:14:01.01. Consent. Consent means that: (1) The parent has been fully informed o…

Rule 24:14:14:01.01 Consent. 24:14:14:01.01. Consent. Consent means that: (1) The parent has been fully informed of all information relevant to the activity for which consent is sought, in the parent's native language as defined in § 24:14:01:01(13). (2) The parent understands an…

24:14:14:02. Opportunity to examine records. The parents of a child, who is referred to or receives services under this article, must be afforded the opportunity to inspect and review all Part C records about the child and the child's family that are collected, maintained, or use…

Rule 24:14:14:03 Prior written notice. 24:14:14:03. Prior written notice. Prior written notice must be provided to the parents five days before a public agency or service provider proposes or refuses to initiate or change the identification, evaluation, or placement of their chil…

Rule 24:14:14:04 Native language. 24:14:14:04. Native language. Prior written notice must be given to the parents in written language understandable to the general public and provided in the native language of the parents, as defined in § 24:14:01:01(13), or other mode of communi…

Rule 24:14:14:05 Parental consent. 24:14:14:05. Parental consent. The department shall ensure parental consent is obtained before: (1) Administering screening procedures that are used to determine whether a child is suspected of having a disability; (2) All evaluations and assess…

Rule 24:14:14:06 Parents' right to decline service. 24:14:14:06. Parents' right to decline service. The parents of an eligible child may determine whether they, their child, or other family members will accept or decline any early intervention service under this article at any ti…

Rule 24:14:14:07 Surrogate parent. 24:14:14:07. Surrogate parent. The rights of a child must be protected by a surrogate parent if no parent can be identified and the contractor, after reasonable effort, cannot locate a parent or if the child is a ward of the state. Source: 20 SD…

Rule 24:14:14:08 Repealed. 24:14:14:08. Determining need for surrogate parent.Repealed. Source: 20 SDR 223, effective July 7, 1994; repealed, 28 SDR 105, effective January 31, 2002.

Rule 24:14:14:09 Assigning a surrogate parent. 24:14:14:09. Assigning a surrogate parent. The service coordinator in conjunction with the local education agency as appropriate shall identify individuals at the agency and service provider level who may be appointed as surrogate pa…

Rule 24:14:14:10 Surrogate not to be employee of agency. 24:14:14:10. Surrogate not to be employee of agency. A person assigned as a surrogate parent may not be an employee of any state agency, or a person or an employee of a person providing early intervention services, educatio…

Rule 24:14:14:11 Responsibilities of surrogate parent. 24:14:14:11. Responsibilities of surrogate parent. A surrogate parent has the same rights as a parent for all purposes under Part C. Source: 20 SDR 223, effective July 7, 1994; 39 SDR 109, effective December 17, 2012. General…