N.Y. Public Health Law § 2542: Comprehensive child find system and public awareness program

§ 2542. Comprehensive child find system and public awareness program.

1. The commissioner shall develop a comprehensive child find system that

ensures that eligible children in the state are identified, located,

referred to the early intervention official and evaluated. Such system

shall:

(a) require early intervention officials to identify and locate

eligible children within their municipality;

(b) be coordinated with efforts to identify, locate and track children

conducted by other agencies responsible for services to infants and

toddlers and their families, including the efforts in (i) part B of the

federal individuals with disabilities education act, including early

childhood direction centers, (ii) the maternal and child health program

under title V of the federal social security act, including the infant

health assessment program, (iii) medicaid's early periodic screening,

diagnosis and treatment program under title XIX of the federal social

security act, and (iv) the federal supplemental security income program;

and

(c) provide for the identification, tracking and screening of children

at risk of developmental delay, using resources available through the

programs, identified in paragraph (b) of this subdivision and such other

available resources as the commissioner shall commit to this purpose.

2. The commissioner shall develop, implement, and maintain a public

awareness program to inform the general public and the professional

community of the availability of the early intervention program and the

benefits of services to infants and toddlers with disabilities and their

families. The program shall include materials which describe the normal

developmental achievements of young children, identification and

procedures for referral of children with disabilities, and how to gain

access to early intervention services.

3. The following persons and entities, within two working days of

identifying an infant or toddler suspected of having a disability or at

risk of having a disability, shall refer such infant or toddler to the

early intervention official or the health officer of the public health

district in which the infant or toddler resides, as designated by the

municipality, but in no event over the objection of the parent made in

accordance with procedures established by the department for use by such

primary referral sources, unless the child has already been referred:

hospitals, child health care providers, day care programs, local school

districts, public health facilities, early childhood direction centers

and such other social service and health care agencies and providers as

the commissioner shall specify in regulation; provided, however, that

the department shall establish procedures, including regulations if

required, to ensure that primary referral sources adequately inform the

parent or guardian about the early intervention program, including

through brochures and written materials created or approved by the

department.

4. The commissioner shall provide each early intervention official

with a list of all approved evaluators and service coordinators in the

municipality or geographic area proximate to such municipality or, with

respect to the city of New York, subdivisions of the city as prescribed

by the commissioner.

Such list of approved evaluators shall be updated at least annually

and shall describe the specific areas of expertise of each qualified

evaluator, if known.