Monday, April 8, 2013

Parents' Rights

Parents' rights in early intervention language are called Procedural Safeguards.  These rights are reviewed at least annually for parents whose children qualify for early intervention services.  However, if you have a question or concern, please ask your service provider or your service coordinator for clarification.  Our main concern is to provide the services your child needs to progress and to provide the training that will enable your family to succeed together. 

Here is a review of the Procedural Safeguards:
  1. The right to timely, comprehensive evaluation.  We have 45 days from the day we receive the referral to have the assessments complete and, if the child qualifies, have an IFSP written.  The initial assessment covers all areas of development (cognitive, motor, communication, self help and social-emotional skills).  In most cases we are able to let you know immediately if your child qualifies for services or not.
  2. The right to prior notice so you can participate.  Any meeting that involves making decisions, changing services, or providing necessary information requires prior notice with reasonable time for you to make arrangements to attend.  Most of these meetings are held in your home, so we really like it when you are there!  We also want parents to feel comfortable inviting others to attend these meetings with them, if they desire.
  3. The right to a plan for services within 45 days of referral.  This goes along with number 1 - we have 45 days to assess and have a plan in place.  We work hard to meet this deadline and coordinate with everyone involved in order to begin services as soon as possible.
  4. The right to be present and to participate in your child's IFSP.  You are the expert on your child and we cannot develop an effective plan without input from parents. 
  5. Rights regarding parent fees. Utah has a cost participation program for EI services.  The fee is determined based on family size and income.  We are not able to begin services without a completed fee form.  Some of our services are provided at no cost: evaluation and assessment, service coordination, and services provided by the Utah Schools for the Deaf and the Blind.
  6. The right to confidentiality and access to records.  We will not share any information with anyone other than the parents or guardians without written permission from the parents or guardians.  However, if parents would like to review the file, just ask your service provider.  We have 45 days following a request to provide the file.
  7. The right to request records be amended and the right to a hearing.  If you believe information in your child's EI records is inaccurate or misleading, or violates the privacy or other rights of your child, you have the right to request that the records be amended and the right to a hearing, if necessary.  Please let us know if you have any concerns regarding your child's file.
  8. Rights regarding safeguard and destruction of records.  We will protect the confidentiality of your child's records at all times.  If your child is eligible for the Special Education Preschool program we will transfer the file to the Preschool program and the information will remain in your child's educational file.  If your child does not qualify for services beyond early intervention, we will store the file in a locked room for a designated length of time and then the information will be destroyed, unless it is requested by you in writing.
  9. The right to file a complaint, request a mediation conference and/or due process hearing.  If you are unhappy with the services you are receiving, please contact us.  It is best to start with the service provider or service coordinator.  If they are unable to resolve the concern, contact the Davis Early Intervention Coordinator (Mandy Zeschke 801 402-5403).  If you are still not happy with the solution, you are welcome to call the Utah Department of Health, Baby Watch Early Intervention program at 1 800 961-4226 or 1 801 584-8226.  If you are not able to solve the problem informally, or through a mediation process, you may proceed with filing a formal complaint or request a due process hearing.
If you have other questions regarding your rights as a parent of a child in early intervention, please consult your Parents' Rights in Early Intervention booklet or ask your service coordinator for more information. 

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