Purpose
The IDEA safeguards for parental consent are summarized below and are the purpose of PIC’s Consent to Evaluate form.
§ 303.420 Parental consent and ability to decline services.
- The lead agency must ensure parental consent is obtained before—
- Administering screening procedures under § 303.320 that are used to determine whether a child is suspected of having a disability;
- All evaluations and assessments of a child are conducted under § 303.321;
- Early intervention services are provided to the child under this part;
- Public benefits or insurance or private insurance is used if such consent is required under § 303.520; and
- Disclosure of personally identifiable information consistent with § 303.414.
- If a parent does not give consent under paragraph (a)(1), (a)(2), or (a)(3) of this section, the lead agency must make reasonable efforts to ensure that the parent—
- Is fully aware of the nature of the evaluation and assessment of the child or early intervention services that would be available; and
- Understands that the child will not be able to receive the evaluation, assessment, or early intervention service unless consent is given.
(Authority: 20 U.S.C. 1436(e), 1439(a)(3))
Practice
PIC’s practice in regard to Consent to Evaluate signature form is as follows:
- At Intake, the form is reviewed by their primary service provider. With parent, guardian consent and confirmation, the medical home provider for the child is included in the form so that we can send a copy of the evaluation report.
- Annually at the child’s re-evaluation the form is reviewed again with the family since eligibility is determined based on the evaluation.
- Upon consultation, the form is again reviewed and signed with the family since assessments can be used to determine if specific services are needed.
If for any reason the family does not give consent to evaluate the child, the PIC provider will ensure that they communicate with the parent or guardian that PIC will not be able to move forward in the referral process. Staff will answer any questions regarding the nature of both the evaluation and possible services. The child will be exited as “Declined.”
Procedure
Documenting Consent to Evaluate form in Rain Tree:
- The PIC Provider will complete the Consent to Evaluate form as part of the appropriate packet in the admin tab of RT, including the child’s PSP.
- Review the form with the family at either the intake or prior to the annual evaluation and document verbal consent in the communication log.
- If the family does NOT give consent to evaluate, then the PIC provider will document that the family does not want services in the communication log 'exit note' indicating the reason as “decline.”
- Consent to evaluate is also used for the purpose of consent for any screening/assessment outside of the two-month window from intake or annual evaluation.