The IDEA requires that providers present parents with consent forms in many processes. These forms act as safeguards for family rights and are the purpose of PIC’s Eligibility Determination 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.
- The lead agency may not use the due process hearing procedures under this part or part B of the Act to challenge a parent's refusal to provide any consent that is required under paragraph (a) of this section.
- The parents of an infant or toddler with a disability—
- Determine whether they, their infant or toddler with a disability, or other family members will accept or decline any early intervention service under this part at any time, in accordance with State law; and
- May decline a service after first accepting it, without jeopardizing other early intervention services under this part.
(Authority: 20 U.S.C. 1436(e), 1439(a)(3))
Families may decline enrollment in, or withdraw from, services at any time during their child’s involvement with PIC. If a family decides not to enroll after eligibility has been determined, this indicates that evaluation results—and the child’s eligibility—have already been reviewed with them. Prior to a family making this decision, staff are obligated to explain the benefits of Early Intervention and present the family appropriate information and options. However, participation in Early Intervention is entirely voluntary and families are not required to accept services.
Initial: If the family Declines services prior to enrollment (after the evaluation) document the following:
Eligibility meeting: provider completes a daily note indicating family preference, then complete comm log note EXIT. This will send a RainTree task to Data Entry to exit the client elsewhere in the system.
Signature forms for family: completed at Intake: PWN
STILL NEED: Eligibility Determination obtain signatures at the time of post-eval/eligibility meeting
***With a family who is not in contact after the Eval and before Eligibility/IFSP complete a 10-day letter to inform of their status. In this case, if we don’t hear back from the family, the child is considered Lost to Follow Up rather than a decline, and no further forms are needed from the family. ***
Annual: If the family Declines services after annual re-evaluation, but we still need to review the evaluation results with the family, document the following:
Eligibility meeting: daily note, discharge note
Signature forms for family: PWN, Eligibility Determination Form
***With family who is not in contact after the Eval and before Eligibility/IFSP complete a 30-day letter to inform of their status. In this case, when we don’t hear back from the family, the child is considered ‘Attempts to Contact Unsuccessful,’ rather than a withdraw by caregiver and no further forms are needed from the family.