470 Ind. Admin. Code 3.1-13-8

Current through October 23, 2024

Section 470 IAC 3.1-13-8 - Opportunity to examine records

Authority: IC 12-13-2-3; IC 12-13-5-3

Affected: IC 12-17-15

Sec. 8.

(a) The parent of a child eligible for early intervention services must be afforded the opportunity to inspect and review records relating to:

(1) evaluations and assessments;

(2) eligibility determinations;

(3) development and implementation of IFSPs;

(4) individual complaints dealing with the child; and

(5) any other early intervention records about the child and the child's family.

(b) All participating agencies shall permit a parent to inspect and review all early intervention records relating to his or her child collected, maintained, or used by any participating agency, without unnecessary delay, prior to holding the IFSP meeting or any meeting related to:

(1) the child's identification, evaluation, assessment; or

(2) the provision of needed services; and, in no case, more than forty-five (45) days after the request has been made.

(c) The right to inspect and review early intervention records includes the following:

(1) The right to a response from a participating agency to reasonable requests for explanations and interpretations of a child's early intervention records.

(2) The right of a parent to request that the participating agency provide copies of records containing information concerning the child or the child's family, if the failure to provide copies would effectively prevent the parent from exercising the right to inspect and review the records.

(3) The right of a parent to have a representative of the parent inspect and review the records.

(d) The SPOE or service provider may presume that a parent has authority to inspect and review records relating to his or her child unless the SPOE has been advised that the parent does not have the authority under applicable state law or court order.

470 IAC 3.1-13-8

Division of Family Resources; 470 IAC 3.1-13-8; filed Jan 29, 1996, 5:15 p.m.: 19 IR 1348; filed Mar 9, 1999, 2:05 p.m.: 22 IR 2268; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; readopted filed Oct 24, 2007, 11:25 a.m.: 20071121-IR-470070448RFA; readopted filed Aug 23, 2013, 3:36 p.m.: 20130918-IR-470130306RFA

Readopted filed 11/13/2019, 11:56 a.m.: 20191211-IR-470190490RFA