Current through September, 2024
Section 11-140-4 - Eligibility criteria(a) A child under the age of three years with delayed development or at biological risk as set forth in this section shall be eligible for early Intervention Services.(b) A child has delayed development when a significant delay is identified in one or more of the following areas of development: Cognition, speech, language, physical, motor, vision, hearing, psychosocial, or self-help skills, using a standardized evaluation instrument specified by the department. A delay is significant when: (1) The child' s aggregate score derived upon completion of the evaluation instrument is at least 1.4 Standard deviations below the mean for the instrument in any area or sub-area of development;(2) The child' s aggregate score derived upon completion of the evaluation instrument is at least 1.0 Standard deviations below the mean for the instrument in two or more areas or sub-areas of development; or(3) The multidisciplinary team, based on its observations and informed clinical opinion, determines that the child' s score cannot be measured by the evaluation instrument.(c) A child is at biological risk when the multidisciplinary team receives a Statement or report signed by a qualified provider that includes the diagnosis of a physical or mental condition and the team determines that the diagnosis has a high probability of resulting in delayed development if early Intervention Services are not provided. The physical or mental condition may include but is not limited to: (1) Chromosomal abnormality, such as Fragile X Syndrome, Prader-Willi Syndrome, or Trisomy 21 (Down Syndrome);(2) Genetic or congenital disorder, such as cleft lip and palate, muscular dystrophy, neurofibromatosis, Osteogenesis imperfecta, or spina bifida;(3) Severe sensory impairment, such as hearing or vision loss;(4) Inborn error of metabolism, such as a disorder in metabolism of amino acids, lipids, or carbohydrates;(5) Disorder in development of the nervous system, such as cerebral palsy or seizure disorder;(6) Congenital infection, such as human immunodeficiency virus, cytomegalovirus, or toxoplasmosis;(7) Disorder secondary to exposure to toxic substances, such as fetal alcohol Syndrome or lead toxicity;(8) Severe attachment disorder, such as reactive attachment disorder due to neglect, abuse, or frequently changing caregiver;(9) Autism Spectrum Disorder, such as Autistic Disorder, Asperger' s Disorder, or Pervasive Developmental Disorder, Not Otherwise Specified; and(10) Other conditions specified by the department. [Eff SEP 20 2013] (Auth: HRS § 321-354) (Imp: HRS § 321-352)