24:14:10:01.  Comprehensive child find system. The department, with the advice and assistance of the State Interagency Coordinating Council, shall implement a child find system that locates, identifies, and evaluates all infants and toddlers with disabilities pursuant to chapters 24:14:11 and 24:14:12.

 

          The comprehensive child find system must:

 

          (1)  Be consistent with Part B of IDEA;

 

          (2)  Include a system for making referrals to the department or contractors under Part C that includes timelines and provides for participation by the primary referral sources pursuant to this chapter;

 

          (3)  Ensure rigorous standards for appropriately identifying infants and toddlers with disabilities for early intervention services under Part C that will reduce the need for future services; and

 

          (4)  Meet the requirements in this article.

 

          The contractor shall develop and implement a comprehensive local child find system for infants and toddlers, aged birth through two, within their geographic boundaries. The local child find system must be consistent with this article concerning location, identification, and screening of all infants and toddlers eligible for services under chapter 24:14:07. The contractor shall assist with the identification of children who are receiving needed early intervention services.

 

          Source: 20 SDR 223, effective July 7, 1994; 28 SDR 105, effective January 31, 2002; 35 SDR 82, effective October 22, 2008; 39 SDR 109, effective December 17, 2012.

          General Authority: SDCL 13-37-1.1.

          Law Implemented: SDCL 13-1-23, 13-14-1, 13-37-1.1.

 

          24:14:10:01.01.  Scope of child find. The department, as part of the child find system, shall ensure that:

 

          (1)  All infants and toddlers with disabilities in the state who are eligible for early intervention services under Part C are identified, located, and evaluated, including:

 

               (a)  Native American infants and toddlers with disabilities residing on an Indian reservation geographically located in South Dakota, including coordination, as necessary, with tribes, tribal organizations, and consortia to identify infants and toddlers with disabilities in South Dakota, in part, on the information provided by them to the department;

 

               (b)  Infants and toddlers with disabilities who are homeless, in foster care, and wards of South Dakota; and

 

               (c)  Infants and toddlers with disabilities that are referenced in § 24:14:11:09; and

 

          (2)  An effective method is developed and implemented to identify children who are in need of early intervention services.

 

          Source: 39 SDR 109, effective December 17, 2012.

          General Authority: SDCL 13-37-1.1.

          Law Implemented: SDCL 13-1-23, 13-14-1, 13-37-1.1.

 

          24:14:10:04.  Coordination with state agencies. The department, with the assistance of the state interagency coordinating council, shall coordinate the child find system under this chapter with all other major efforts to locate and identify children conducted by other state agencies responsible for administering the various education, health, and social services programs relevant to this chapter and with Native American tribes that receive payments under Part C and other Native American tribes, as appropriate. Coordination shall include other such efforts in the following programs:

 

          (1)  Program authorized under Part B of IDEA;

 

          (2)  Maternal and Child Health program, including the Maternal, Infant, and Early Childhood Home Visiting Program, under Title V of the Social Security Act (MCHB or Title V) (42 U.S.C. 701(a)), as amended to July 1, 2012;

 

          (3)  Early Periodic Screening, Diagnosis, and Treatment (EPSDT) under Title XIX of the Social Security Act (42 U.S.C. 1396(a)(43) and 1396(a)(4)(B)), as amended to July 1, 2012;

 

          (4)  Programs under the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15001 et seq.), as amended to July 1, 2012;

 

          (5)  Head Start Act (including Early Head Start programs under section 645A of the Head Start Act);

 

          (6)  Supplemental Security Income program under Title XVI of the Social Security Act (42 U.S.C. 1381) as amended to July 1, 2012;

 

          (7)  Child protection and child welfare programs, including programs administered by, and services provided through, the foster care agency and the state agency responsible for administering the Child Abuse Prevention and Treatment Act (CAPTA) (42 U.S.C. 5106(a)), as amended to July 1, 2012;

 

          (8)  Child care programs in the state;

 

          (9)  The programs that provide services under the Family Violence Prevention and Services Act (42 U.S.C. 10401 et seq.), as amended to July 1, 2012;

 

          (10)  Early Hearing Detection and Intervention (EHDI) systems (42 U.S.C. 280g-1), as amended to July 1, 2012, administered by the Centers for Disease Control (CDC); and

 

          (11)  Children's Health Insurance Program (CHIP) authorized under Title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.), as amended to July 1, 2012.

 

          The department shall enter into interagency agreements to implement this section. In addition, the department shall monitor Part C programs for compliance with the requirements of this chapter.

 

          The department, with the advice and assistance of the state interagency coordinating council, shall develop interagency agreements to ensure that there is no unnecessary duplication of efforts by the various agencies involved in the state's child find system under this article and that the state makes use of the resources available through each public agency and contractor in the state to implement the child find system in an effective manner.

 

          Source: 20 SDR 223, effective July 7, 1994; 26 SDR 153, effective May 22, 2000; 28 SDR 105, effective January 31, 2002; 35 SDR 82, effective October 22, 2008; 39 SDR 109, effective December 17, 2012.

          General Authority: SDCL 13-37-1.1.

          Law Implemented: SDCL 13-1-23, 13-14-1, 13-37-1.1.

 

          Cross-References:

          Services for children less than three years of age, § 24:05:22:04.

          Children's special health services, art 44:06.

          Early and periodic screening, ch 67:16:11.

 

          24:14:10:06.  Primary referral sources. Each contractor shall develop a communication system with other primary referral sources and public agencies to report its child find information.

 

          Primary referral sources include hospitals, including prenatal and postnatal care facilities, physicians, parents including parents of infants and toddlers, child care programs and early learning programs, local education agencies and schools, community public health facilities, social service agencies, mental health providers, other licensed health care providers and clinics, and public agencies and staff in the child welfare system, including child protective service and foster care, homeless family shelters, and domestic violence shelters and agencies.

 

          Source: 20 SDR 223, effective July 7, 1994; 28 SDR 105, effective January 31, 2002; 39 SDR 109, effective December 17, 2012.

          General Authority: SDCL 13-37-1.1.

          Law Implemented: SDCL 13-1-23, 13-14-1, 13-37-1.1.