N.J. Admin. Code § 8:17-12.2

Current through Register Vol. 56, No. 21, November 4, 2024

Section 8:17-12.2 - Access rights

(a) Each provider agency shall permit a parent to inspect and review any early intervention record relating to the requesting parent's child that are collected, maintained, or used by the agency pursuant to Part C.

1. Each provider agency shall afford a parent of an eligible child the opportunity to inspect and review records relating to evaluations and assessments, eligibility determination, development and implementation of IFSPs, individual complaints related to the child, and any other subject matter area involving records about the child and the child's family pursuant to Part C.

2. Each provider agency shall comply with a parent's request to inspect and review records without unnecessary delay and prior to holding the IFSP meeting or hearing related to the child's identification, evaluation, or placement, or provision of early intervention services of the child, and, in no case, later than 45 days after the request has been made.

(b) The right to inspect and review records shall include:

1. The right to a response from the provider agency to reasonable requests for explanations and interpretations of the records;

2. The right to request that the provider agency provide copies of records containing information, if failure to provide those copies would effectively prevent the parent from exercising their right to inspect and review records; and

3. Consistent with 8:17-12.6, the right to have a representative of the parent, with the parent's consent, inspect and review records.

(c) A provider agency may presume that the parent has authority to inspect and review records relating to his or her child unless the agency has been advised, such as through receipt or notification of the existence of a court order, that the parent does not have the authority under applicable State law governing such matters as custody, guardianship, separation, and divorce.

N.J. Admin. Code § 8:17-12.2