S*0615(Rat #0084, Act #0041 of 1991)  General Bill, By N.W. Smith, Bryan, 
Courson, Drummond, H.U. Fielding, Giese, F. Gilbert, J.C. Hayes, R.L. Helmly, 
D.L. Hinds, C.T. Hinson, Holland, Land, Leatherman, Leventis, J.M. Long, 
I.E. Lourie, A.S. Macaulay, J.A. Martin, S.S. Martschink, Matthews, McConnell, 
McGill, T.W. Mitchell, Moore, M.F. Mullinax, O'Dell, Passailaigue, Patterson, 
Peeler, T.H. Pope, Reese, M.T. Rose, Russell, Saleeby, Setzler, R.C. Shealy, 
J.V. Smith, H.S. Stilwell, Thomas, J.M. Waddell, Washington, M.B. Williams and 
Wilson
 A Bill to amend Act 114 of 1989 and Article 21, Chapter 7, Title 44, Code of
 Laws of South Carolina, 1976, relating to infants and toddlers with
 handicapping conditions, so as to revise the legislative findings to conform
 to the amendments in this Act and to revise the definitional Section, provide
 the purpose of the Article, provide duties of the Department of Health and
 Environmental Control, require the comprehensive interagency system to
 implement components of the system, to provide certain requirements for the
 delivery of early intervention services, to include provisions and
 requirements for individualized family service plans, to clarify
 confidentiality of information, to require the Department of Health and
 Environmental Control to submit an annual report to the Joint Legislative
 Committee on Children and to provide for contents of the report, to require
 the establishment of local interagency coordinating councils, and to provide
 for their membership, functions, and interfacing with the State Interagency
 Coordinating Council.

   02/06/91  Senate Introduced and read first time SJ-10
   02/06/91  Senate Referred to Committee on Medical Affairs SJ-10
   04/02/91  Senate Committee report: Favorable with amendment
                     Medical Affairs SJ-11
   04/03/91  Senate Amended SJ-17
   04/03/91  Senate Read second time SJ-17
   04/03/91  Senate Ordered to third reading with notice of
                     amendments SJ-17
   04/09/91  Senate Read third time and sent to House SJ-26
   04/10/91  House  Introduced and read first time HJ-15
   04/10/91  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-16
   04/10/91  House  Recalled from Committee on Medical, Military,
                     Public and Municipal Affairs HJ-25
   04/11/91  House  Read second time HJ-41
   04/11/91  House  Unanimous consent for third reading on next
                     legislative day HJ-44
   04/12/91  House  Read third time and enrolled HJ-20
   04/25/91         Ratified R 84
   04/29/91         Signed By Governor
   04/29/91         Effective date 04/29/91
   04/29/91         Act No. 41
   05/20/91         Copies available

AN ACT TO AMEND ACT 114 OF 1989 AND ARTICLE 21, CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INFANTS AND TODDLERS WITH HANDICAPPING CONDITIONS, SO AS TO REVISE THE LEGISLATIVE FINDINGS TO CONFORM TO THE AMENDMENTS IN THIS ACT AND TO REVISE THE DEFINITIONAL SECTION, PROVIDE THE PURPOSE OF THE ARTICLE, PROVIDE DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, REQUIRE THE COMPREHENSIVE INTERAGENCY SYSTEM TO IMPLEMENT COMPONENTS OF THE SYSTEM, TO PROVIDE CERTAIN REQUIREMENTS FOR THE DELIVERY OF EARLY INTERVENTION SERVICES, TO INCLUDE PROVISIONS AND REQUIREMENTS FOR INDIVIDUALIZED FAMILY SERVICE PLANS, TO CLARIFY CONFIDENTIALITY OF INFORMATION, TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO SUBMIT AN ANNUAL REPORT TO THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND TO PROVIDE FOR CONTENTS OF THE REPORT, TO REQUIRE THE ESTABLISHMENT OF LOCAL INTERAGENCY COORDINATING COUNCILS, AND TO PROVIDE FOR THEIR MEMBERSHIP, FUNCTIONS, AND INTERFACING WITH THE STATE INTERAGENCY COORDINATING COUNCIL.

Be it enacted by the General Assembly of the State of South Carolina:

Findings; revision of terms

SECTION 1. Section 1 of Act 114 of 1989 is amended to read:

"Section 1. (A) The General Assembly finds that there is an urgent and substantial need to:

(1) enhance the development of infants and toddlers with disabilities and to minimize their potential for developmental delay;

(2) reduce the educational costs to our society, including our schools, by minimizing the need for special education and related services after infants and toddlers with disabilities reach school age;

(3) minimize the likelihood of institutionalization of individuals with disabilities and maximize the potential for their independent living in society;

(4) enhance the capacity of families to meet the special needs of their infants and toddlers who have disabilities.

(B) It is the policy of South Carolina to:

(1) develop and implement a statewide, comprehensive, coordinated program of early intervention services for infants and toddlers with disabilities and their families;

(2) facilitate the coordination of payment for early intervention services from federal, state, local, and private sources, including public and private insurance coverage;

(3) enhance the capacity to provide quality early intervention services and expand and improve existing early intervention services being provided to infants and toddlers with disabilities and their families."

Various amendments; Infants and Toddlers Handicapping Conditions Act

SECTION 2. Article 21, Chapter 7, Title 44 of the 1976 Code, as added by Act 114 of 1989, is amended to read:

Section 44-7-2510. This article may be cited as the `Infants and Toddlers with Disabilities Act'.

Section 44-7-2515. The purpose of this article is to provide early intervention services to infants and toddlers with disabilities in accordance with Subchapter VIII, Chapter 33, Title 20, U.S. Code Annotated, contingent upon appropriation of federal funds for Subchapter VIII.

Section 44-7-2520. As used in this article unless the context otherwise requires:

(1) `Department' means the agency designated as lead agency by the Governor by Executive Order pursuant to Subchapter VIII, Chapter 33, Title 20, U. S. Code Annotated.

(2) `Infants and toddlers with disabilities' means children from birth through two years of age in need of early intervention services due to measurable delays in cognitive development, physical development, communication, psychosocial development, or self-help skills, or due to a diagnosed physical or mental condition that has a high probability of resulting in developmental delay.

(3) `Early intervention services' are services designed to meet the developmental needs of infants and toddlers with disabilities, provided in conformity with an individualized family service plan under public supervision by qualified personnel. They include, but are not limited to, family training, counseling and home visits, special instruction, speech pathology and audiology, occupational therapy, physical therapy, psychological services, service coordination, medical services only for diagnostic or evaluation purposes, early identification, screening and assessment services, health services necessary to enable the infant or toddler to benefit from the other early intervention services, and transportation services.

(4) `Council' means the State Interagency Coordinating Council which must be established in conformance with federal regulations.

Section 44-7-2530. (A) The department must:

(1) monitor programs and activities to ensure compliance with federal law and regulations;

(2) identify, facilitate, and coordinate all available resources within the State from federal, state, local, and private sources;

(3) develop procedures to ensure that services are provided to infants and toddlers with disabilities and their families in a timely manner pending the resolution of disputes among public agencies or service providers;

(4) develop procedures to ensure resolution of intraagency and interagency disputes;

(5) develop formal interagency agreements that, consistent with state law, define the financial responsibility of each agency for paying for early intervention services and procedures for resolving disputes.

(B) To ensure that all eligible infants and toddlers receive services, pending resolution of any dispute the department shall assign financial responsibility among agencies providing early intervention services.

(C) All publicly funded agencies shall continue to provide all services within their respective statutory responsibility to eligible infants and toddlers with disabilities.

Section 44-7-2540. (A) The State Interagency Coordinating Council shall advise and assist the department in developing a comprehensive interagency system to provide early intervention services for all eligible infants and toddlers with disabilities and their families.

(B) The comprehensive interagency system must implement:

(1) a timely, comprehensive, multidisciplinary assessment of the functioning of each infant and toddler with disabilities in the State, including the needs of their families relating to enhancing the child's development;

(2) a written individualized family service plan for each eligible infant or toddler with a disability;

(3) a comprehensive method of identifying infants and toddlers with disabilities;

(4) a public awareness program focusing on early identification of infants and toddlers with disabilities;

(5) access to a central directory which includes early intervention services, resources, and experts available in the State;

(6) a comprehensive system of personnel development for those who serve eligible infants and toddlers with disabilities;

(7) formal interagency agreements which:

(a) define the responsibility of each agency for providing and paying for early intervention services;

(b) coordinate programs so as to permit children and their families to move easily among agencies in the system;

(c) adopt uniform program, health, and safety standards;

(d) contain procedures for resolving disputes;

(8) procedural safeguards as required by federal and state law;

(9) a method for compiling data on the number of infants and toddlers with disabilities in the State in need of early intervention services, the number served, the types of disabilities, the types of services provided, and other information required by the federal government or needed to deliver services effectively.

(C) Early intervention services must be available through the comprehensive interagency system and provided by appropriate state agencies in accordance with time requirements of Subchapter VIII, Chapter 33, Title 20, U. S. Code Annotated, to effectuate the individual family service plan for each eligible infant or toddler.

Section 44-7-2550. The department shall promulgate regulations necessary to carry out the purposes of this article. Through regulation or interagency agreement when appropriate the department may develop standards addressing the coordination and provision of early intervention services, including personnel qualifications and health, safety, and program standards for the facilities where the services are offered.

Section 44-7-2560. (A) Based on the assessment provided for in Section 44-7-2540 an individualized family service plan must be developed by a multidisciplinary team of appropriate qualified personnel which also must include the parent, guardian, or other adult responsible for the child. The family also may choose an advocate to be present during the development of the plan. The plan must be written and explained in easily understandable language and must contain:

(1) a statement of the present levels of physical, cognitive, psychosocial, communication, and self-help skill development for the infant or toddler with disabilities;

(2) a statement of the health status and medical needs of the child and family to support the highest possible development of the child, including the names of the health care providers;

(3) with concurrence of the family, a statement of the family's resources relating to enhancing the child's development;

(4) a statement of the major outcomes expected to be achieved for the child and the family and the methods used to measure progress toward the outcomes;

(5) a statement of specific early intervention services necessary to meet the needs of the child and family, including the frequency, intensity, and method of delivering services and payment arrangement, if any;

(6) the projected dates for initiation of services and the anticipated duration of services;

(7) the name of the service coordinator. The service coordinator is responsible for the implementation of the plan and coordination with other agencies and persons;

(8) the steps necessary to support transition of the child to other programs, if appropriate.

(B) The individualized family service plan must be developed within the time established by the department after the child initially is referred and after the assessment is completed. With the parent's consent early intervention services may begin before completion of the assessment or plan, provided an interim plan is developed. The plan serves as the comprehensive plan for all agencies involved in providing early intervention services to the child and family. Services must be provided in a timely manner, as established by the department, pending resolution of disputes among public agencies or service providers. The plan must be evaluated at least once a year and reviewed with the family at three-month intervals or more frequently, if appropriate.

Section 44-7-2570. (A) Families with incomes below the federal poverty guidelines must not be charged for early intervention services provided pursuant to this article. The department shall develop a schedule of sliding fees for families with incomes above the federal poverty level.

(B) Nothing in this section relieves public or private insurance programs, or other persons or agencies required by law to provide or pay for early intervention services, from their financial or legal responsibilities. As a condition of receiving services under this article, infants and toddlers with disabilities and their families may be required to apply for a financial or medical assistance program for which they are eligible.

(C) Pursuant to Subchapter VIII, Chapter 33, Title 20, U. S. Code Annotated, all financial resources from federal, state, local, and private sources must be coordinated to fund early intervention services. A joint funding plan must be submitted by the department to the Joint Legislative Committee on Children on or before August first of each year. The individual components of the plan as they relate to individual agencies must be incorporated annually into each affected agency's budget request.

Section 44-7-2580. (Reserved)

Section 44-7-2590. All information and reports related to children and families obtained pursuant to this article are confidential as provided in Subchapter VIII, Chapter 33, Title 20, U.S. Code Annotated. A person who disseminates or permits the unauthorized dissemination of the information or reports is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days, or both.

Section 44-7-2600. By August first of each year the department shall submit an annual report to the Joint Legislative Committee on Children regarding the status of the comprehensive interagency system, including new and existing resources and gaps in services.

Section 44-7-2610. (A) County or multicounty local interagency coordinating councils (ICC) representing each county in the State must be established. Membership on each council must consist of parents, providers, local agencies, and government agencies.

(B) The function of the local ICC will be to advise and assist the state council and the department in planning and implementing a system of early intervention services at the local community level.

(C) Each local ICC shall report to the state council on the status of early intervention services in its county.

(D) With prior approval by the department and the state council, local ICC's may enter into local interagency agreements. Local ICC's may give advice and assistance to local early intervention projects. No member of a local ICC may vote on a matter which directly would benefit the member financially or otherwise appear to be a conflict of interest under state law."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 29th day of April, 1991.