IDHS Requests Public Comments for Proposed Changes to Early Intervention Rules

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Full announcement is available on the IDHS website.

The Illinois Department of Human Services (IDHS) is proposing changes to the Early Intervention Program Administrative Code. The proposed changes specifically relate to the Family Fee Sliding Schedule outlined in Section 500.APPENDIX A, as well as adjustments to the language concerning the definitions of “Extended Services” and “At risk for substantial delay” in Section 500.20. These proposed changes will be posted for 60 days beginning Monday, February 26, 2024. Instructions for submitting comments and participating in public hearings are below the tables.

IDHS is soliciting public comments about these proposed changes for approval as required by federal regulations. We have summarized the changes below.

$0/mo$10/mo$20/mo$30/mo$50/mo$70/mo$100/mo$150/mo$200/mo
Current % FPL0-185%186-200%201-250%251-300%301-350%351-400%401-500%501-600%Above 600%
Proposed % FPL0-318%N/AN/AN/A319-350%351-400%401-500%501-600%Above 600%
Section 500.APPENDEX A Family Fee Sliding Schedule

This image shows fees for families based on family size and proposed changes. All information is subject to change. Click image for a larger PDF.

The proposed changes to the definitions of “Extended Services” and “At risk for substantial delay” in Section 500.20 are below.

TopicCurrentProposed
Eligibility“Eligible children” or “eligible child” means infants and toddlers under 36 months of age, including any child under the age of 3 who is the subject of a substantiated case of child abuse or neglect as defined in the federal Child Abuse Prevention and Treatment as defined in Illinois Act (325 ILCS 20/3) (from Ch. 23, par. 4153), or children engaged with Extended Services with any of the following conditions:
– Developmental delay;
– A physical or mental condition that has a high probability of resulting in a developmental delay;
– At risk of having substantial developmental delays, according to informed clinical opinion  
“Eligible children” or “eligible child” means infants and toddlers under 36 months of age, or children engaged with Extended Services with any of the following conditions:
– Developmental delay;
– A physical or mental condition that has a high probability of resulting in a developmental delay;
– At risk of having substantial developmental delays, according to informed clinical opinion;
– or Any child under the age of 3 who is the subject of a substantiated case of child abuse or neglect as defined in the federal Child Abuse Prevention and Treatment Act and in Illinois Act (325 ILCS 20/3) (from Ch. 23, par. 4153)  
At riskThree or more of the following risk factors: – current alcohol or substance abuse by the primary caregiver;
– primary caregiver who is currently less than 15 years of age;
– current homelessness of the child;
– chronic illness of the primary caregiver;
– alcohol or substance abuse by the mother during pregnancy with the child;
– primary caregiver with a level of education equal to or less than the 10th grade, unless that level is appropriate to the primary caregiver’s age;
an indicated case of abuse or neglect regarding the child and the child has not been removed from the abuse or neglect circumstances. Services for children determined to be “at risk” shall not be funded under Federal Part C funding, nor subject to its requirements. 
The statement on substantiated case of child abuse or neglect has been added to the definition of eligible children above.
Extended services through Part CThis option for extended services through Part C to children over age three applies only if the child:
– has been determined eligible for early intervention with services identified and consented to on the IFSP;
– and has their third birthday between May 1 and August 31;
– and has been found eligible for early childhood special education services under IDEA and 325 ILCS 20/11(h)
– and at the discretion of the LEA an Individualized Education Program (IEP) is developed at that time or by the time the school year begins at the latest
This option for extended services through Part C to children over age three applies only if the child:
– has been determined eligible for early intervention with services identified and consented to on the IFSP;
– and has their third birthday between May 1 and August 31;
– and has been found eligible for early childhood special education services under IDEA and 325 ILCS 20/11(h)
is found eligible for an Individualized Education Program (IEP).  
Section 500.20 “Extended Services” and “At Risk for substantial delay” Definitions

IDHS is requesting public comments on these proposed changes and the comments will be accepted until the close of business on Friday, April 26, 2024 and may be submitted by email at DHS.EIQuestions@illinois.gov , by fax at 217/782-4890, or in writing to:

Illinois Department of Human Services
Bureau of Early Intervention
823 East Monroe Street
Springfield, IL 62701

IDHS will be offering public hearings as required by federal regulations. The dates, times and virtual links are below. Each person presenting oral testimony is asked to provide a written copy of their testimony at the time the testimony is presented to DHS.EIQuestions@illinois.gov.

*To join one of the WebEx hearings, please follow these steps.

  • click on the link of the hearing you wish to attend
  • click on “Open WebEx”
  • input your name and email address
  • click on “join as guest”
  • click on “join meeting”

If you have trouble accessing the hearing or have any questions, please contact IDHS Representative, Katie Jacobs, by phone at 217/299-7158 or by email at katie.jacobs@illinois.gov.