SF 1165

2nd Engrossment - 87th Legislature (2011 - 2012) Posted on 06/12/2012 11:23am

A bill for an act
relating to children; modifying early intervention criteria; amending Minnesota
Statutes 2010, section 626.556, by adding a subdivision; Minnesota Statutes
2011 Supplement, section 125A.30.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2011 Supplement, section 125A.30, is amended to read:

125A.30 INTERAGENCY EARLY INTERVENTION COMMITTEES.

(a) A school district, group of districts, or special education cooperative, in
cooperation with the health and human service agencies located in the county or counties
in which the district or cooperative is located, must establish an Interagency Early
Intervention Committee for children with disabilities under age five and their families
under this section, and for children with disabilities ages three to 22 consistent with
the requirements under sections 125A.023 and 125A.027. Committees must include
representatives of local health, education, and county human service agencies, county
boards, school boards, early childhood family education programs, Head Start, parents of
young children with disabilities under age 12, child care resource and referral agencies,
school readiness programs, current service providers, and may also include representatives
from other private or public agencies and school nurses. The committee must elect a chair
from among its members and must meet at least quarterly.

(b) The committee must develop and implement interagency policies and procedures
concerning the following ongoing duties:

(1) develop public awareness systems designed to inform potential recipient
families, especially parents with premature infants, or infants with other physical risk
factors associated with learning or development complications, of available programs
and services;

(2) to reduce families' need for future services, and especially parents with premature
infants, or infants with other physical risk factors associated with learning or development
complications, implement interagency child find systems new text begin as defined in section 125A.27,
subdivision 11, that are new text end designed to actively seek out, identify, and refer infants and young
children with, or at risk of, disabilities, including a child under the age of three deleted text begin who deleted text end : (i)
deleted text begin is involved in a substantiated case of abuse or neglect deleted text end new text begin for whom a child maltreatment
report has been accepted for an investigation or family assessment new text end or (ii) new text begin who new text end is identified
as affected by illegal substance abuse, or withdrawal symptoms resulting from prenatal
drug exposure;

(3) establish and evaluate the identification, referral, child and family assessment
systems, procedural safeguard process, and community learning systems to recommend,
where necessary, alterations and improvements;

(4) assure the development of individualized family service plans for all eligible
infants and toddlers with disabilities from birth through age two, and their families,
and individualized education programs and individual service plans when necessary to
appropriately serve children with disabilities, age three and older, and their families and
recommend assignment of financial responsibilities to the appropriate agencies;

(5) implement a process for assuring that services involve cooperating agencies at all
steps leading to individualized programs;

(6) facilitate the development of a transitional plan if a service provider is not
recommended to continue to provide services;

(7) identify the current services and funding being provided within the community
for children with disabilities under age five and their families;

(8) develop a plan for the allocation and expenditure of additional state and federal
early intervention funds under United States Code, title 20, section 1471 et seq. (Part C,
Public Law 108-446) and United States Code, title 20, section 631, et seq. (Chapter I,
Public Law 89-313); and

(9) develop a policy that is consistent with section 13.05, subdivision 9, and federal
law to enable a member of an interagency early intervention committee to allow another
member access to data classified as not public.

(c) The local committee shall also:

(1) participate in needs assessments and program planning activities conducted by
local social service, health and education agencies for young children with disabilities and
their families; and

(2) review and comment on the early intervention section of the total special
education system for the district, the county social service plan, the section or sections of
the community health services plan that address needs of and service activities targeted
to children with special health care needs, the section on children with special needs in
the county child care fund plan, sections in Head Start plans on coordinated planning and
services for children with special needs, any relevant portions of early childhood education
plans, such as early childhood family education or school readiness, or other applicable
coordinated school and community plans for early childhood programs and services, and
the section of the maternal and child health special project grants that address needs of and
service activities targeted to children with chronic illness and disabilities.

Sec. 2.

Minnesota Statutes 2010, section 626.556, is amended by adding a subdivision
to read:

new text begin Subd. 10n. new text end

new text begin Required referral to early intervention services. new text end

new text begin A child under age
three who is involved in a substantiated case of maltreatment or who is the subject of a
maltreatment report shall be referred for screening under the Individuals with Disabilities
Education Act, part C. If maltreatment has not been substantiated, parents or the child's
guardian may decline to have a referral made after they have been presented information
regarding healthy child development and early intervention referral and services. Parents
must be informed that the referral, evaluation, and acceptance of services are voluntary.
The commissioner of human services shall monitor referral rates by county and annually
report the information to the legislature beginning March 15, 2014. Refusal to have a
child screened is not a basis for a child in need of protection or services petition under
chapter 260C.
new text end