How to File an Early Intervention State Complaint

Transcription

1 CHICAGO MEDICAL LEGAL PARTNERSHIP FOR CHILDREN 1 How to File an Early Intervention State Complaint To: Families with children receiving Early Intervention services who have been notified that their services are being terminated or who are unable to access evaluations or services due to the budget impasse. Before filing a state complaint, please reach out to your service coordinator or the Child and Family Connection s Manager to try and resolve the issue. Subject: Instructions for families on how to file a Request for Investigation of State 1 Complaint NOTE : You must file this State Complaint within 1 year of the alleged violation. If the alleged violation occurred more than 1 year ago, your State Complaint will not be investigated. Step 1 : Download the State Complaint Form at Step 2 : Fill out the name and address of your child s CFC. If you are unaware of your CFC name and address, you can find it at Step 3 : Fill in Sections 1 and 2 of the State Complaint form. This section includes names, addresses, and other basic information about you and your child. Step 4 : Fill in Section 3 with the name and contact information of your provider and/or your service delivery agency who may be in violation of Early Intervention requirements. A provider either works independently or for a service delivery agency. If you are unsure if it was your service provider or the service delivery agency that violated provisions of the Early Intervention program, include both. Additionally, since you may not be able to figure out if the violation was a responsibility of your CFC, it is best to name them as well. If you run out of room to list names and contact information, you are permitted to attach an additional page(s) of contact information to the complaint. Keep in mind that while the failure to follow early intervention requirements is happening as a result of the budget impasse, you still have to name your CFC or provider or agency in order to file a complaint. You will have to send copies of the form to each of the providers/agencies/cfcs you list (see Filing Instructions below). 1 Instructions found in this guide are intended for informational purposes only. These instructions are not intended to be legal advice and should not be construed as such.

2 2 Step 5 : Complete Section 4. This section allows you to detail what Early Intervention (e.g. the CFC) and/or your specific provider/agency has failed to provide for you and/or your child. Please include any specific facts related to your situation. Do not include what you want Early Intervention to do to correct the violation, as that is addressed in Section 5. Here is a list of sample situations you may find yourself in. Feel free to use the wording in the examples provided below and add any additional facts that apply to your situation. You can also put in this section the steps you have taken to address the problem (e.g. I called my service coordinator and was told that there is nothing they can do to help me or my service provider told me that they can t locate a new provider). The list is not exhaustive, so your situation may not be listed; try to only include violations that affect you and/or your child. Termination of services example : My child s services were terminated or are set to be 2 terminated by [ date ], even though I have an active IFSP for my child specifically guaranteeing these services. According to 89 Ill. Admin. Code (c), providers must render all services as indicated in an IFSP. ( note : termination of services and the following prior written notice of termination of services examples often happen together. If your child s services were terminated and you did not receive prior written notice, include both of these in Section 4). Prior written notice of termination of services example : I did not receive 30 days prior written notice of the service termination, which is in direct conflict with Illinois regulations. Under Ill. Admin. Code tit. 89, (f), all providers are required to give a 30 day prior written notice to my family before terminating services. 30 day service delay example : We have been forced to wait longer than 30 days to receive Early Intervention services included on my child s IFSP. Waiting longer than 30 days is considered a service delay as stated in the Federal Indicator 1 in the Part C State Performance Plan for Early Intervention Services. 2 State Complaint rules are unclear as to whether you need to wait to file your complaint until your services actually cease.

3 3 Provider did not perform evaluation/assessment/eligibility determination example : My child was referred to Early Intervention and was supposed to receive an [ evaluation/assessment/eligibility determination ] for early intervention services within 45 calendar days of the date of referral to Early Intervention, but we did not receive anything within 45 days. According to the Ill. Admin. Code tit. 89, , whenever a referral is sent to a service provider, the provider must perform that evaluation/assessment in all five developmental domains within 45 days of receipt of the referral. Development of IFSP example : A service provider performed an [ evaluation/assessment/eligibility determination ], but no meeting took place to develop my child s IFSP. According to Ill. Admin. Code tit. 89, and 325 ILCS 20/11(c), after a service provider performs an [ evaluation/assessment/eligibility determination ], a meeting must be held with my family to develop an initial IFSP within 45 calendar days upon receipt of the referral. ( note : While date of referral can be interpreted as when the referral was provided to Early Intervention, for purposes of filing a state complaint it is best to count 45 days from the date that the service coordinator did the initial intake with you.) Annual meeting example : My child s IEP was written on [ date]. Early Intervention has not yet met with us to evaluate and revise, if need be, my child s IFSP. According to Illinois law 325 ILCS 20/11(b) and Ill. Admin. Code tit. 89, (c), Early Intervention must meet with my family at least once every year to evaluate my child s IFSP and discuss whether my child s IFSP should be revised. IFSP review example : My child s IEP was written on [ date]. Early Intervention did not perform a 6 month review of my child s IFSP. Under Illinois law 325 ILCS 20/11(b) and Ill. Admin. Code tit. 89, (a), Early Intervention must review my child s IFSP every 6 months or more, when reasonable, to determine if my child s IFSP needs to be revised and to determine the degree to which my child is making progress under the plan. IFSP changes example : Changes were made to my child s IFSP, but I did not receive written prior notice about the changes. According to the Child and Family Connections Procedure Manual, if changes to my child s IFSP are recommended, the full IFSP team must meet and reach a consensus regarding the recommended changes before those changes may be implemented. If no consensus is reached, the Service Coordinator has to

4 4 consult with a DHS designated expert in order to establish a DHS approved service plan, and then must provide parents with prior written notice regarding the proposed IFSP. Transition before child s 3 rd birthday example: My child will be turning three on [ date ] and has not yet been transitioned to special education or preschool services. According to Ill. Admin. Code tit. 89, (c), a transition conference with the Service Coordinator must take place. Under Illinois law, this conference needed to happen at least 90 days before my child s third birthday. Also, the Service Coordinator did not write a transition plan for my child s IFSP. Ill. Admin. Code tit. 89, (e) specifically instructs the Service Coordinator to write that plan at least 90 days before my child s third birthday. This plan should include steps and instructions for my child and my family to exit from the Part C program and any transition services that the IFSP team identifies we might need during that time. Step 6: Fill in Section 5 with the relief you are requesting. Feel free to use the wording provided below to fill in Section 5. Add any additional relief specific to your situation. Also, you may be entitled to compensatory services or a monetary reimbursement if services were denied or withheld. Make sure to only ask for the solution proper for your specific situation. While you file this complaint, Early Intervention MUST continue to provide appropriate services currently being provided. This is called stay put. Stay Put example: While this State Complaint is being investigated, I am requesting that my child continue to receive Early Intervention services. According to 325 ILCS 20/12(g), during the pendency of any State complaint procedure, Due Process hearing, or mediation involving a complaint, my child shall continue to receive the appropriate early intervention services currently being provided. Compensatory services/monetary reimbursement example: I am requesting compensatory services [ or a monetary reimbursement ] for the required Early Intervention services not being provided to my child. Under Ill. Admin. Code tit. 89, (g)(1), if required services are not provided to us, then compensatory services [ or a monetary reimbursement ] is the proper remedy for the violation. I respectfully request compensatory services [ or a monetary reimbursement ] for the Early Intervention services we did not receive between [ day/month to day/month ]. (Note : only request monetary reimbursement where you have paid out of pocket for services that Early Intervention was supposed to provide).

5 5 Prior written notice example: I am requesting to receive a written notice detailing the termination of my services. Under Ill. Admin. Code tit. 89, (f), you must send me a 30 days prior written notice telling me about this termination. Provider did not perform evaluation/assessment example: I am requesting that a speech and physical therapy provider perform an [ initial evaluation/assessment/eligibility determination] on my child for potential services and develop my child s IFSP and begin services immediately. According to Ill. Admin. Code tit. 89, , my provider must perform this evaluation/assessment within 45 calendar days of receipt of the referral. Development of IFSP example: I am requesting that a meeting with a Service Coordinator take place to develop my child s IFSP and begin services immediately. My child has been evaluated/assessed/eligibility determined by the providers. According to Ill. Admin. Code tit. 89, and 325 ILCS 20/11(c), after an evaluation/assessment/eligibility determination has taken place, a meeting needs to take place to develop an initial IFSP within 45 calendar days of receipt of referral. Annual meeting example: I am requesting a meeting with our Service Coordinator immediately to evaluate and revise my child s IFSP. According to Illinois law 325 ILCS 20/11(b) and Ill. Admin. Code tit. 89, (c), a Coordinator must meet with my family at least once every year to evaluate my child s IFSP and discuss whether my child s IFSP needs revising. IFSP review example: I am requesting a meeting with our Service Coordinator immediately to review my child s IFSP. Under Illinois law 325 ILCS 20/11(b) and Ill. Admin. Code tit. 89, (a), Early Intervention must review my child s IFSP every 6 months or more, when reasonable, to determine if my child s IFSP needs to be revised and to determine the degree to which my child is making progress under that plan. IFSP changes example: I am requesting that a meeting take place with my child s full IFSP team to discuss recommended changes to my child s IFSP and that no changes be implemented before a meeting occurs. According to the Child and Family Connections Procedure Manual, if changes to my child s IFSP are recommended, the full

6 6 IFSP team must meet and reach a consensus regarding the recommended changes before those changes may be implemented. If no consensus is reached, the Service Coordinator has to consult with a DHS designated expert in order to establish a DHS approved service plan, and then must provide me with prior written notice regarding the proposed IFSP. Transition before child s 3 rd birthday example: I am requesting an immediate meeting to discuss the transition of my child from Early Intervention services to preschool and for the Service Coordinator to write a transition plan for my child s IFSP to include steps and instructions on exiting Part C. According to Ill. Admin. Code tit. 89, (c), a transition conference with the Service Coordinator must take place. Ill. Admin. Code tit. 89, (e) specifically instructs the Service Coordinator to write that plan at least 90 days before my child s third birthday. This plan should include steps and instructions for my child and my family to exit from the Part C program and any transition services that the IFSP team identifies we might need during that time. Filing Instructions : At the top of the State Complaint Form, you will see instructions on where to send your completed form and any additional pages you are including. You will need at least 4 or more completed copies of this form : one to send to the Illinois Dept. of Human Services, one to send to your child s CFC, one to each of the providers/service delivery agencies you listed in Section 3, and one for you to keep. (1) The address provided at the top of the form is incorrect. Pursuant to 89 Ill. Admin. Code (c), please send the form instead to: Part C Coordinator, Bureau of EI Department of Human Services 823 East Monroe Springfield, Illinois (2) Send a copy to the CFC [you must do this whether or not you list the CFC in Section 3]. (3) Send a copy of the form to each of the providers/service delivery agencies you list out in Step 3 of the State Complaint. (4) Keep a copy for your own records. You may want to send by certified mail; however, this is not required. Make sure to sign the bottom of each form where indicated!

7 7 NOTE : DHS has 60 calendar days from when they receive your State complaint to investigate and issue their written decision. DHS must give you the opportunity to submit additional information, either in writing or orally, about the allegations included in your complaint. Once DHS makes their decision, they must send you a written decision. If you can amy@legalcouncil.org to let her know that you have filed a state complaint that would be extremely helpful as we are trying to monitor the number of complaints filed. Please put EI State Complaint Filed in the subject line.