S*521 Session 108 (1989-1990)
S*0521(Rat #0176, Act #0114 of 1989) General Bill, By N.W. Smith, Giese and
M.T. Rose
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Article 21
to Chapter 7, Title 44 so as to provide for the Infants and Toddlers with
Handicapping Conditions Act by setting forth definitions, members and
requirements of a State Interagency Coordinating Council, responsibilities of
the Department of Health and Environmental Control including a comprehensive
interagency system and promulgation of regulations, requirements of an
individualized family service plan, charges for early intervention services,
financial resources, recommendation and implementation of a comprehensive
service system, penalties for disclosure violations, and consultation
requirements by the joint legislative committee.-amended title
03/14/89 Senate Introduced and read first time SJ-9
03/14/89 Senate Referred to Committee on Medical Affairs SJ-9
04/20/89 Senate Committee report: Favorable with amendment
Medical Affairs SJ-14
04/20/89 Senate Read second time SJ-14
04/20/89 Senate Ordered to third reading with notice of
amendments SJ-14
04/25/89 Senate Amended SJ-16
04/25/89 Senate Read third time and sent to House SJ-22
04/26/89 House Introduced, read first time, placed on calendar
without reference HJ-9
05/11/89 House Objection by Rep. Klapman HJ-26
05/11/89 House Debate adjourned until Wednesday, May 17, 1989 HJ-2
05/17/89 House Objection withdrawn by Rep. Klapman HJ-49
05/17/89 House Amended HJ-49
05/17/89 House Read second time HJ-50
05/18/89 House Read third time and returned to Senate with
amendments HJ-25
05/18/89 Senate Concurred in House amendment and enrolled SJ-21
05/25/89 Ratified R 176
05/31/89 Signed By Governor
05/31/89 Effective date 05/31/89
05/31/89 Act No. 114
06/09/89 Copies available
(A114, R176, S521)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 21
TO CHAPTER 7, TITLE 44 SO AS TO PROVIDE FOR THE INFANTS AND TODDLERS WITH
HANDICAPPING CONDITIONS ACT BY SETTING FORTH DEFINITIONS, MEMBERS AND
REQUIREMENTS OF A STATE INTERAGENCY COORDINATING COUNCIL, RESPONSIBILITIES OF THE
DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL INCLUDING A COMPREHENSIVE
INTERAGENCY SYSTEM AND PROMULGATION OF REGULATIONS, REQUIREMENTS OF AN
INDIVIDUALIZED FAMILY SERVICE PLAN, CHARGES FOR EARLY INTERVENTION SERVICES,
FINANCIAL RESOURCES, RECOMMENDATION AND IMPLEMENTATION OF A COMPREHENSIVE SERVICE
SYSTEM, PENALTIES FOR DISCLOSURE VIOLATIONS, AND CONSULTATION REQUIREMENTS BY THE
JOINT LEGISLATIVE COMMITTEE.
Be it enacted by the General Assembly of the State of South Carolina:
Findings and policies
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 handicapping
conditions 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 handicapping conditions reach school age;
(3) minimize the likelihood of institutionalization of individuals with
handicapping conditions 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 handicapping conditions.
(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 handicapping conditions
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 handicapping conditions and their families.
Infants and Toddlers with Handicapping Conditions Act
SECTION 2. Chapter 7, Title 44 of the 1976 Code is amended by adding:
"Article 21
Infants and Toddlers With
Handicapping Conditions
Section 44-7-2510. This article may be cited as the 'Infants and Toddlers with
Handicapping Conditions Act'.
Section 44-7-2520. As used in this article unless the context otherwise
requires:
(1) 'Department' means the agency designated by the Governor by Executive
Order pursuant to Title 20 of the United States Code, Section 1476(b)(9).
(2) 'Infants and toddlers with handicapping conditions' means children from
birth through two years of age in need of early intervention services due to
measurable delays in cognitive development, physical development, language and
speech development, psychosocial development, or self-help skills, or due to a
diagnosed physical or mental condition which probably will result in
developmental delay.
(3) 'Early intervention services' are services designed to ameliorate the
developmental delays of infants or toddlers with handicapping conditions. 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, case management services, medical
services only for diagnostic or evaluation purposes, early identification,
screening and assessment services, and health services necessary to enable the
infant or toddler to benefit from the other early intervention services.
(4) 'Council' means the State Interagency Coordinating Council.
Section 44-7-2530. (A) There is created a State Interagency Coordinating
Council composed of fifteen members appointed by the Governor for terms of three
years. In making appointments to the council the Governor shall ensure
reasonable representation of the population of the State.
(B) The council must be composed of:
(1) at least three parents of infants or toddlers or children three through
six years of age with handicapping conditions;
(2) at least three public or private providers of early intervention
services;
(3) at least one person involved in training personnel to provide early
intervention services;
(4) one representative of the General Assembly, the State Mental Retardation
Department, the State Health and Human Services Finance Commission, the State
Department of Education, and the Department of Health and Environmental Control;
(5) other persons as determined by the Governor such as:
(a) adults other than parents responsible for infants, toddlers, or
children with handicapping conditions;
(b) representatives of other agencies involved in providing or paying for
early intervention services to infants or toddlers with handicapping conditions.
(C) The Governor shall designate a member as chairman for a term of two years.
The chairman may not serve for more than two consecutive terms. The council
shall meet at least quarterly and advise the department in carrying out its
responsibilities under this article. No member may vote on a matter which would
provide him a direct financial benefit or otherwise appears to be a conflict of
interest under state law. The council shall prepare and submit an annual report
to the Governor and General Assembly on the status of early intervention programs
for infants and toddlers with handicapping conditions and their families in the
State. A copy of the report must be sent to the appropriate federal and state
officials.
Section 44-7-2540. (A) With the advice of the council the department shall
develop and administer either directly or through an interagency agreement a
comprehensive interagency system to provide early intervention services for
infants and toddlers with handicapping conditions and their families. The
services must be provided by qualified personnel including but not limited to
special educators, speech and language pathologists, audiologists, occupational
therapists, physical therapists, psychologists, social workers, nurses, and
nutritionists.
(B) The system must include:
(1) a timely, comprehensive, multidisciplinary assessment of the functioning
of each infant and toddler with handicapping conditions 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 infant or toddler
with a handicapping condition;
(3) a comprehensive method of identifying infants and toddlers with
handicapping conditions;
(4) a public awareness program focusing on early identification of infants
and toddlers with handicapping conditions;
(5) a central directory which includes early intervention services,
resources, and experts available in the State;
(6) a comprehensive system of training personnel who serve infants and
toddlers with handicapping conditions;
(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 systems;
(c) adopt uniform program, health, and safety standards;
(d) establish procedures for resolving disputes;
(8) procedural safeguards as required by federal and state laws;
(9) a method for compiling data on the number of infants and toddlers with
handicapping conditions in the State in need of early intervention services, the
number served, the types of handicapping conditions, the types of services
provided, and other information required by the federal government or needed to
deliver services effectively.
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 which address 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 which includes 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,
language, speech, and self-help skill development for the infant or toddler with
handicapping conditions;
(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) a statement of the family's strengths and needs 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;
(6) the projected dates for initiation of services and the anticipated
duration of services;
(7) the name of the case manager from the profession most immediately
relevant to the needs of the child or family. The case manager 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 special
education and related services for children three years of age and older.
(B) The individualized family service plan must be developed within the time
established by the department after the assessment is completed. With the
parent's consent early intervention services may begin before completion of the
assessment or plan. 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 six
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
handicapping conditions and their families may be required to apply for a
financial or medical assistance program for which they are eligible.
Section 44-7-2580. (A) During fiscal year 1988-89 the department shall
identify:
(1) all early intervention services currently provided within the State
through federal, state, local, and private programs;
(2) all other financial resources available within the State from federal,
state, local, and private sources for funding the comprehensive service system
provided for in this section.
The department may use these resources to support programs to demonstrate and
evaluate different components of the service system.
(B) By August 1, 1989, the department shall recommend a comprehensive service
system to the State Budget and Control Board and the General Assembly. The
department shall identify components of the system which can be supported through
existing resources and components for which additional funds are needed.
(C) Using all funds appropriated for this purpose, during fiscal year 1990-91
the department shall implement as much of the comprehensive service system as
possible. The department shall contract with an independent consultant to
evaluate the service system and submit a written report to the General Assembly
by January 1, 1991.
Section 44-7-2590. All information and reports obtained pursuant to this
article are confidential except that they may be disclosed or made available to
appropriate staff within the comprehensive interagency system for the purpose of
assessment, coordination, and provision of services to infants, toddlers, and
their families or pursuant to a court order for good cause shown. 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 for not more than thirty days, or both.
Section 44-7-2600. The Joint Legislative Committee on Children shall receive
timely reports from all agencies involved in the implementation of programs for
handicapped infants, toddlers, and preschool children developed pursuant to
Public Law 99-457 and shall provide consultation and guidance if necessary."
Reauthorization
SECTION 3. This act expires July 1, 1991, unless specifically reauthorized by
a joint resolution before that date.
Time effective
SECTION 4. This act takes effect upon approval by the Governor. |