Frequently Asked Questions (FAQs)
If abuse is substantiated can CPS require that a child be evaluated through EI? If the report is made and there is an open investigation only can a CPS worker require a child to be evaluated through EI even though it is a voluntary program?
Early Intervention Program regulations at 10 NYCRR §69-4.3(a) require primary referral sources to refer children suspected of having a disability or at risk of having a disability to the Early Intervention Official (EIO). EIOs are required to accept all referrals from their local department of social services (LDSS) and document those referrals in NYEIS.
Under the provisions of IDEA and CAPTA, municipalities are required to ensure that children involved in substantiated cases of child abuse and neglect and those affected by illegal substance abuse are included in child find efforts (unless a child also has a developmental delay or diagnosis that makes him or her potentially eligible for the EIP). The intent of these provisions is to ensure that these children are screened, either by a designated primary referral source or Part C provider to determine whether a referral for an evaluation for early intervention services under Part C is warranted. Municipalities should provide direct developmental screening for those children for whom no other resources are available to provide screening and tracking services, using Early Intervention Administration funds allocated to municipalities to administer the EIP.
EIOs and local EIP program staff should work with their local departments of social services and local early intervention coordinating councils to collaborate on the development of local procedures to ensure appropriate referrals of children in the child protective system to the EIP. It is also important for EIOs and staff to educate child protective staff about eligibility requirements for the EIP and the types of developmental services available through the program, so that families and staff have appropriate expectations about early intervention services.
Since the EIP is a voluntary program, if you are able to contact the parent and the parent objects to the referral, then as with any other referral, the process should stop. Since the referral originally came from the LDSS, they should be notified of the parent's objection to the referral and it will then be up to the LDSS to pursue other avenues regarding the child's referral to the EIP, should they choose to do so. The municipality cannot continue with the referral process if the parent objects, unless there is a court order regarding the referral, which then supersedes the parent's objections.
Attached to this email is a letter that was issued by the Department in June 2005 regarding the Federal Child Abuse Prevention and Treatment Act (CAPTA) and the Individuals with Disabilities Education Act (IDEA) regarding the referral of children to the EIP under specific circumstances. This information is still current and should be helpful in answering any questions you have regarding CAPTA.
If I’ve already completed one of the NYSEIPOPDC courses, can I re-take the course and receive a Certificate of Completion?
If you have already completed one of the NYSEIPOPDC courses, you may log back into the course to review material/resources; however, NYSEIPOPDC will not issue a second course completion certificate if the participant chooses to take the course over for a second time in its entirety. Additionally, the course will only be counted once towards the required professional development hours, as outlined in the New York State Department of Health Bureau of Early Intervention Provider Agreement.