Public Act 097-0902
SB0820 EnrolledLRB097 04556 KTG 44595 b

    AN ACT concerning 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, 4, 8, and 11 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
        (1) Developmental delays.
        (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
    (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
    (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
        (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
            (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
            (B) speech and language pathologists and
            (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, to the
    maximum extent appropriate, which may include including
    the home and community settings, unless justification is
    provided consistent with federal regulations adopted under
    Sections 1431 through 1444 of Title 20 of the United States
    Code 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
    (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
    (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. 92-307, 8-9-01; 93-124, eff. 7-10-03.)
    (325 ILCS 20/4)  (from Ch. 23, par. 4154)
    Sec. 4. Illinois Interagency Council on Early
    (a) There is established the Illinois Interagency Council
on Early Intervention. The Council shall be composed of at
least 20 15 but not more than 30 25 members. The members of the
Council and the designated chairperson of the Council shall be
appointed by the Governor. The Council member representing the
lead agency may not serve as chairperson of the Council. The
Council shall be composed of the following members:
        (1) The Secretary of Human Services (or his or her
    designee) and 2 additional representatives of the
    Department of Human Services designated by the Secretary,
    plus the Directors (or their designees) of the following
    State agencies involved in the provision of or payment for
    early intervention services to eligible infants and
    toddlers and their families:
            (A) Illinois State Board of Education;
            (B) (Blank);
            (C) (Blank);
            (D) Illinois Department of Children and Family
            (E) University of Illinois Division of Specialized
        Care for Children;
            (F) Illinois Department of Healthcare and Family
            (G) Illinois Department of Public Health;
            (H) (Blank);
            (I) Illinois Planning Council on Developmental
        Disabilities; and
            (A) (J) Illinois Department of Insurance; and .
            (B) Department of Healthcare and Family Services.
        (2) Other members as follows:
            (A) At least 20% of the members of the Council
        shall be parents, including minority parents, of
        infants or toddlers with disabilities or children with
        disabilities aged 12 or younger, with knowledge of, or
        experience with, programs for infants and toddlers
        with disabilities. At least one such member shall be a
        parent of an infant or toddler with a disability or a
        child with a disability aged 6 or younger;
            (B) At least 20% of the members of the Council
        shall be public or private providers of early
        intervention services;
            (C) One member shall be a representative of the
        General Assembly; and
            (D) One member shall be involved in the preparation
        of professional personnel to serve infants and
        toddlers similar to those eligible for services under
        this Act; .
            (E) Two members shall be from advocacy
        organizations with expertise in improving health,
        development, and educational outcomes for infants and
        toddlers with disabilities;
            (F) One member shall be a Child and Family
        Connections manager from a rural district;
            (G) One member shall be a Child and Family
        Connections manager from an urban district;
            (H) One member shall be the co-chair of the
        Illinois Early Learning Council (or his or her
        designee); and
            (I) Members representing the following agencies or
        entities: the State Board of Education; the Department
        of Public Health; the Department of Children and Family
        Services; the University of Illinois Division of
        Specialized Care for Children; the Illinois Council on
        Developmental Disabilities; Head Start or Early Head
        Start; and the Department of Human Services' Division
        of Mental Health. A member may represent one or more of
        the listed agencies or entities.
    The Council shall meet at least quarterly and in such
places as it deems necessary. Terms of the initial members
appointed under paragraph (2) shall be determined by lot at the
first Council meeting as follows: of the persons appointed
under subparagraphs (A) and (B), one-third shall serve one year
terms, one-third shall serve 2 year terms, and one-third shall
serve 3 year terms; and of the persons appointed under
subparagraphs (C) and (D), one shall serve a 2 year term and
one shall serve a 3 year term. Thereafter, successors appointed
under paragraph (2) shall serve 3 year terms. Once appointed,
members shall continue to serve until their successors are
appointed. No member shall be appointed to serve more than 2
consecutive terms.
    Council members shall serve without compensation but shall
be reimbursed for reasonable costs incurred in the performance
of their duties, including costs related to child care, and
parents may be paid a stipend in accordance with applicable
    The Council shall prepare and approve a budget using funds
appropriated for the purpose to hire staff, and obtain the
services of such professional, technical, and clerical
personnel as may be necessary to carry out its functions under
this Act. This funding support and staff shall be directed by
the lead agency.
    (b) The Council shall:
        (1) advise and assist the lead agency in the
    performance of its responsibilities including but not
    limited to the identification of sources of fiscal and
    other support services for early intervention programs,
    and the promotion of interagency agreements which assign
    financial responsibility to the appropriate agencies;
        (2) advise and assist the lead agency in the
    preparation of applications and amendments to
        (3) review and advise on relevant regulations and
    standards proposed by the related State agencies;
        (4) advise and assist the lead agency in the
    development, implementation and evaluation of the
    comprehensive early intervention services system; and
        (5) prepare and submit an annual report to the Governor
    and to the General Assembly on the status of early
    intervention programs for eligible infants and toddlers
    and their families in Illinois. The annual report shall
    include (i) the estimated number of eligible infants and
    toddlers in this State, (ii) the number of eligible infants
    and toddlers who have received services under this Act and
    the cost of providing those services, (iii) the estimated
    cost of providing services under this Act to all eligible
    infants and toddlers in this State, and (iv) data and other
    information as is requested to be included by the
    Legislative Advisory Committee established under Section
    13.50 of this Act. The report shall be posted by the lead
    agency on the early intervention website as required under
    paragraph (f) of Section 5 of this Act.
    No member of the Council shall cast a vote on or
participate substantially in any matter which would provide a
direct financial benefit to that member or otherwise give the
appearance of a conflict of interest under State law. All
provisions and reporting requirements of the Illinois
Governmental Ethics Act shall apply to Council members.
(Source: P.A. 95-331, eff. 8-21-07.)
    (325 ILCS 20/8)  (from Ch. 23, par. 4158)
    Sec. 8. Authority to Promulgate Rules and Regulations. The
lead agency shall develop rules and regulations under this Act
within one year of the effective date of this Act. These rules
shall reflect the intent of federal regulations adopted under
Part C of the Individuals with Disabilities Education
Improvement Act of 2004 (Sections 1431 through 1444 of Title 20
of the United States Code) Part H of the Individuals with
Disabilities Education Act (20 United States Code 1471 through
(Source: P.A. 87-680.)
    (325 ILCS 20/11)  (from Ch. 23, par. 4161)
    Sec. 11. Individualized Family Service Plans.
    (a) Each eligible infant or toddler and that infant's or
toddler's family shall receive:
        (1) timely, comprehensive, multidisciplinary
    assessment of the unique needs of each eligible infant and
    toddler, and assessment of the concerns and priorities of
    the families to appropriately assist them in meeting their
    needs and identify services to meet those needs; and
        (2) a written Individualized Family Service Plan
    developed by a multidisciplinary team which includes the
    parent or guardian. The individualized family service plan
    shall be based on the multidisciplinary team's assessment
    of the resources, priorities, and concerns of the family
    and its identification of the supports and services
    necessary to enhance the family's capacity to meet the
    developmental needs of the infant or toddler, and shall
    include the identification of services appropriate to meet
    those needs, including the frequency, intensity, and
    method of delivering services. During and as part of the
    initial development of the individualized family services
    plan, and any periodic reviews of the plan, the
    multidisciplinary team shall consult the lead agency's
    therapy guidelines and its designated experts, if any, to
    help determine appropriate services and the frequency and
    intensity of those services. All services in the
    individualized family services plan must be justified by
    the multidisciplinary assessment of the unique strengths
    and needs of the infant or toddler and must be appropriate
    to meet those needs. At the periodic reviews, the team
    shall determine whether modification or revision of the
    outcomes or services is necessary.
    (b) The Individualized Family Service Plan shall be
evaluated once a year and the family shall be provided a review
of the Plan at 6 month intervals or more often where
appropriate based on infant or toddler and family needs. The
lead agency shall create a quality review process regarding
Individualized Family Service Plan development and changes
thereto, to monitor and help assure that resources are being
used to provide appropriate early intervention services.
    (c) The evaluation and initial assessment and initial Plan
meeting must be held within 45 days after the initial contact
with the early intervention services system. With parental
consent, early intervention services may commence before the
completion of the comprehensive assessment and development of
the Plan.
    (d) Parents must be informed that, at their discretion,
early intervention services shall be provided to each eligible
infant and toddler in the natural environment, which may
include the home or other community settings. Parents shall
make the final decision to accept or decline early intervention
services. A decision to decline such services shall not be a
basis for administrative determination of parental fitness, or
other findings or sanctions against the parents. Parameters of
the Plan shall be set forth in rules.
    (e) The regional intake offices shall explain to each
family, orally and in writing, all of the following:
        (1) That the early intervention program will pay for
    all early intervention services set forth in the
    individualized family service plan that are not covered or
    paid under the family's public or private insurance plan or
    policy and not eligible for payment through any other third
    party payor.
        (2) That services will not be delayed due to any rules
    or restrictions under the family's insurance plan or
        (3) That the family may request, with appropriate
    documentation supporting the request, a determination of
    an exemption from private insurance use under Section
        (4) That responsibility for co-payments or
    co-insurance under a family's private insurance plan or
    policy will be transferred to the lead agency's central
    billing office.
        (5) That families will be responsible for payments of
    family fees, which will be based on a sliding scale
    according to income, and that these fees are payable to the
    central billing office, and that if the family encounters a
    catastrophic circumstance, as defined under subsection (f)
    of Section 13 of this Act, making it unable to pay the
    fees, the lead agency may, upon proof of inability to pay,
    waive the fees.
    (f) The individualized family service plan must state
whether the family has private insurance coverage and, if the
family has such coverage, must have attached to it a copy of
the family's insurance identification card or otherwise
include all of the following information:
        (1) The name, address, and telephone number of the
    insurance carrier.
        (2) The contract number and policy number of the
    insurance plan.
        (3) The name, address, and social security number of
    the primary insured.
        (4) The beginning date of the insurance benefit year.
    (g) A copy of the individualized family service plan must
be provided to each enrolled provider who is providing early
intervention services to the child who is the subject of that
    (h) Children receiving services under this Act shall
receive a smooth and effective transition by their third
birthday consistent with federal regulations adopted pursuant
to Sections 1431 through 1444 of Title 20 of the United States
(Source: P.A. 91-538, eff. 8-13-99; 92-10, eff. 6-11-01;
92-307, eff. 8-9-01; 92-651, eff. 7-11-02.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/6/2012