Section 75-04-06-04 - Criteria for service eligibility - Children birth through age two1. Service eligibility for children from birth through age two is based on distinct and separate criteria designed to enable preventive services to be delivered. Young children may have conditions which could result in substantial functional limitations if early and appropriate intervention is not provided. The collective professional judgment of the team must be exercised to determine whether the child has a high-risk condition or has a developmental delay, and if the child may need early intervention services. If a child, from birth through age two, has a high-risk condition or has a developmental delay, the child may be included on the caseload of an intellectual disabilities - developmental disabilities program manager and considered for those services designed to meet specific needs. Eligibility for continued service inclusion through intellectual disabilities - developmental disabilities program management must be redetermined by age three using criteria specified in section 75-04-06-02.1.2. For purposes of this section: a. "Developmental delay" means a condition of a child, from birth through age two: (1) Who is performing twenty-five percent below age norms in two or more of the following areas: (a) Cognitive development;(b) Gross motor development;(c) Fine motor development;(d) Sensory processing (hearing, vision, haptic);(e) Communication development (expressive or receptive);(f) Social or emotional development; or(g) Adaptive development; or(2) Who is performing at fifty percent below age norms in one or more of the following areas: (a) Cognitive development;(b) Physical development, including vision and hearing;(c) Communication development (expressive and receptive);(d) Social or emotional development; or(e) Adaptive development.b. "High-risk condition" means a condition of a child, from birth through age two: (1) Who, based on a diagnosed physical or mental condition, has a high probability of becoming developmentally delayed; or(2) Who, based on informed clinical opinion which is documented by qualitative and quantitative evaluation information, has a high probability of developing a developmental delay.N.D. Admin Code 75-04-06-04
Effective July 1, 1991; amended effective July 1, 1993; January 1,1997; July 1, 2012.Amended by Administrative Rules Supplement 2017-363, January 2017, effective 1/1/2017.Amended by Administrative Rules Supplement 368, April 2018, effective 4/1/2018.General Authority: NDCC 25-01.2-18, 50-06-16
Law Implemented: NDCC 25-01.2-02, 50-06-05.3