Download This Version in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
May 2, 2002
H. 4955
S. Printed 5/2/02--H. [SEC 5/6/02 11:16 AM]
Read the first time March 21, 2002.
To whom was referred a Bill (H. 4955) to amend Sections 44-7-2520 and 44-7-2540, Code of Laws of South Carolina, 1976, both relating to the Infants and Toddlers with Disabilities Act, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, in Section 44-7-2570(C), as contained in SECTION 4, page 3, by inserting immediately after the period on line 29 /To meet this maintenance of effort requirement, funding agencies may use funds from other program areas within their budgets./. So when amended Section 44-7-2570(C) reads:
/"(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 All initial and ongoing state monies appropriated to provide services under Part C of the federal Individuals with Disabilities Education Act (BabyNet), regardless of which agency the funding flows through, must be used solely for that purpose. Medicaid Federal Financing Participation funds generated from appropriated state dollars must
be used in the ongoing provision of Part C services. In accordance with 34CFR 303.124(b), the total amount of state and local funds budgeted for expenditures in the current fiscal year for early intervention services for eligible children and their families must be at least equal to the total amount of state and local funds actually expended for early intervention services for these children and their families in the most recent preceding fiscal year unless an allowance is made in accordance with federal regulations. To meet this maintenance of effect requirement, funding agencies may use funds from other program areas within their budgets."/
Renumber sections to conform.
Amend totals and title to conform.
ROBERT W. HARRELL, JR. for Committee.
EXPLANATION OF IMPACT:
Department of Social Services
The department states this bill would have no effect on the General Fund of the State as it relates to the requirements of the bill.
Department of Health & Environmental Control
The department states there would be no impact to the General Fund of the States as Title 34, Part 303.124(b) of the Code of Federal Regulations prohibits the granting of federal Babynet funds to any state (or agency) that reduces expenditures in this program below the level of the previous year.
Approved By:
Don Addy
Office of State Budget
TO AMEND SECTIONS 44-7-2520 AND 44-7-2540, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE INFANTS AND TODDLERS WITH DISABILITIES ACT AND THE STATE INTERAGENCY COORDINATING COUNCIL ESTABLISHED TO ASSIST IN THE DEVELOPMENT OF AN INTERAGENCY SYSTEM TO PROVIDE SERVICES PURSUANT TO THIS ACT, SO AS TO CHANGE THE NAME OF THE COUNCIL TO THE "SOUTH CAROLINA INTERAGENCY COORDINATING COUNCIL"; TO AMEND SECTION 44-7-2560, RELATING TO INDIVIDUALIZED FAMILY SERVICE PLANS FOR INFANTS AND TODDLERS RECEIVING SERVICES UNDER THIS ACT, SO AS TO SPECIFY WHO IS COVERED BY THE PLAN, TO SPECIFY THAT THE PLAN MUST BE DEVELOPED WITHIN FORTY-FIVE DAYS AFTER REFERRAL, TO REQUIRE A NEW PLAN TO BE DEVELOPED ANNUALLY, AND TO REQUIRE THE PLAN TO BE REVIEWED WITH THE FAMILY EVERY SIX MONTHS; TO AMEND SECTION 44-7-2570, RELATING TO FUNDING OF THE SERVICES TO BE DELIVERED, SO AS TO PROVIDE THAT CERTAIN FEDERAL FUNDS, INCLUDING CERTAIN MEDICAID FUNDING, MUST BE USED TO PROVIDE SERVICES AND TO REQUIRE LOCAL AND STATE FUNDS FOR EARLY INTERVENTION SERVICES TO BE AT LEAST EQUAL TO FUNDS EXPENDED IN THE MOST RECENT PRECEDING FISCAL YEAR; TO AMEND SECTION 44-7-2600, RELATING TO REPORTS ON THE STATUS OF THE SYSTEM TO BE PROVIDED ANNUALLY TO THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN, SO AS TO PROVIDE THAT THESE REPORTS INSTEAD MUST BE SUBMITTED TO THE GOVERNOR AND TO THE HEALTH AND EDUCATION COMMITTEES IN THE HOUSE OF REPRESENTATIVES AND THE SENATE; AND TO AMEND SECTION 44-7-2610, RELATING TO THE ESTABLISHMENT OF LOCAL INTERAGENCY COORDINATING COUNCILS, SO AS TO REQUIRE THE ESTABLISHMENT OF MULTICOUNTY COORDINATION TEAMS AND TO PROVIDE FOR THEIR PURPOSE AND MEMBERSHIP.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-7-2520(4) of the 1976 Code is amended to read:
"(4) 'Council' means the State South Carolina Interagency Coordinating Council which must be established in conformance with federal regulations."
SECTION 2. Section 44-7-2540(A) of the 1976 Code is amended to read:
"(A) The State South Carolina 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."
SECTION 3. Section 44-7-2560(B) of the 1976 Code is amended to read:
"(B) An Individualized Family Service Plan is the plan for families, providers, and agencies providing early intervention services to the child. The Individualized Family Service Plan must be developed within the time established by the department forty-five days after the child initially is referred and after the assessment is completed for eligibility determination, unless the parents request otherwise. With the parent's consent, early intervention services may begin before completion of the an evaluation or assessment or plan, provided if an interim Individualized Family Service Plan is developed. The plan serves as the comprehensive plan for all agencies involved in providing early intervention services to the child and family. Early intervention services listed on the plan must be provided in a timely manner, as established by the department, pending resolution of disputes among public agencies or service providers. The A new plan must be evaluated at least once a year developed annually and reviewed with the family at three-month intervals least every six months or more frequently, if appropriate."
SECTION 4. Section 44-7-2570(C) of the 1976 Code is amended to read:
"(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 All initial and ongoing state monies appropriated to provide services under Part C of the federal Individuals with Disabilities Education Act (BabyNet), regardless of which agency the funding flows through, must be used solely for that purpose. Medicaid Federal Financing Participation funds generated from appropriated state dollars must be used in the ongoing provision of Part C services. In accordance with 34CFR 303.124(b), the total amount of state and local funds budgeted for expenditures in the current fiscal year for early intervention services for eligible children and their families must be at least equal to the total amount of state and local funds actually expended for early intervention services for these children and their families in the most recent preceding fiscal year unless an allowance is made in accordance with federal regulations."
SECTION 5. Section 44-7-2600 of the 1976 Code is amended to read:
"Section 44-7-2600. By August first Before February fifteenth of each year the department shall submit, in cooperation with the South Carolina Interagency Coordinating Council, an annual report to the Joint Legislative Committee on Children Governor, House Education and Public Works Committee, Senate Education Committee, House Medical, Military, Public and Municipal Affairs Committee, and Senate Medical Affairs Committee regarding the status of the comprehensive interagency system, including new and existing resources and gaps in services."
SECTION 6. Section 44-7-2610 of the 1976 Code is amended to read:
"Section 44-7-2610. (A) County or Multicounty local interagency coordinating councils (ICC) representing each county in the State BabyNet coordination teams must be established to provide opportunities for local collaboration and communication. These teams shall support, but are not limited to supporting, child find efforts, local program monitoring, program coordination, and planning/implementation of improvement strategies.
(B) Membership on each council team must consist of include, but is not limited to, parents, providers, local agencies, and government BabyNet participating 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 team shall report to the state council on the status of early intervention services in its county department.
(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 BabyNet coordination team may vote on a matter which directly would benefit the member financially or otherwise appear to be a conflict of interest under state or federal law."
SECTION 7. This act takes effect upon approval by the Governor.
This web page was last updated on Thursday, June 25, 2009 at 2:24 P.M.