Section 500.50  Eligibility

a)         An Illinois child under the age of 36 months of age and his or her family are eligible for services set forth in this Part if the child:

1)         is experiencing a Department determined eligible level of developmental delay; or

2)         is experiencing a medically diagnosed physical or mental condition that typically results in developmental delay; or

3)         is, according to informed clinical judgment of qualified staff based upon a multidisciplinary evaluation and assessment, at risk of substantial developmental delay.

b)         Eligibility must be determined by consensus of qualified staff based upon multidisciplinary evaluation and assessment, using one or more of the following:

1)         One or more standardized evaluations or criterion referenced measures approved by the Department.  A provider may request Department approval of a developmental test by submitting, in writing, documentation that the test meets the following criteria: is listed in the Mental Measurement Yearbook Series (Burros Center for Testing, University of Nebraska-Lincoln, 21 Teachers College Hall, Lincoln NE 68588-0348 (2005, no later editions or amendments included)); is nationally distributed; is formally validated; is age appropriate; and is individually administered.  The Mental Measurement Yearbook Series can be found at the Early Childhood Intervention Clearinghouse, many local libraries and via the Internet.  If a child is unable to be appropriately and accurately tested by the standardized measures available, informed clinical judgment of the qualified staff based upon multidisciplinary evaluation and assessment may be used to document the level of delay.  Activities to determine clinical judgment shall include observation and parent report and shall be described in the written report documenting the informed clinical judgment of qualified staff that the child is experiencing delay at a level determined by the Department to be eligible;

2)         Specific medical diagnosis as determined by the Department.  If a child exhibits a medical condition not approved by the Department as being an eligible condition, written verification by a qualified pediatrician or pediatric sub-specialist (pediatric neurologist, geneticist, pediatric orthopedic surgeon, pediatrician with special interest in disabilities) that the child's medical condition typically results in substantial developmental delay within the varying ranges of developmental disabilities may be used; or

3)         Written verification of the consensus that, based on informed clinical judgment, development of substantial developmental delay is probable if early intervention services are not provided to the child who is experiencing risk factors as defined in Section 500.20.  This report must also identify which risk factors the child is experiencing.

c)         Eligibility shall be determined annually.  Children will continue to be eligible if they:

1)         have entered the program under any of the eligibility criteria in subsection (a) but no longer meet the current eligibility criteria under this Section; and

2)         either:

A)        continue to have any measurable delay; or

B)        have not attained a level of development in each area, including cognitive, physical (including vision and hearing), language, speech and communication, psycho-social, or self-help skills, that is at least at the mean of the child's age equivalent peers; and

3)         have been determined by the multidisciplinary 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 will differ from the initial individualized family service plan because of the child's developmental progress, and may consist of only service coordination, evaluation and assessments.

d)     If a family removes a child from services prior to reaching age three years and the child is later referred again, the child must meet eligibility criteria in effect at the time of the subsequent referral in order to be re-enrolled.

(Source:  Amended at 32 Ill. Reg. 2161, effective January 23, 2008)