Family Rights in Early Intervention

Families involved with the Illinois early intervention program have rights and procedural safeguards under the federal law to protect them. Families must be informed of these rights and procedural safeguards throughout their time in the EI program so they can have an active role in the EI services provided to their family. Your service coordinator is responsible for ensuring you receive and are informed of these rights.

open hands of different sizes stacked together

Key Resources

Resources for Early Intervention Families

Tip sheets

The Illinois Early Intervention Clearinghouse has produced several tip sheets to help families understand their role in early intervention services and the rights that they are entitled to based on participation in early intervention. These include:

Videos

A series of short videos by the Early Intervention Training Program (EITP), the Family Rights in EI Video Series was designed to support families’ and early interventionists’ understanding of their safeguards or rights in participating in the Early Intervention (EI) system. This series features both families and professionals describing these rights and what they mean across time. Supporting families’ understanding of their rights from referral to transition can empower them to know what to expect, use their voice, and fully participate in the process. 

Blog posts

Child and Family Connections Resources

  • Forms – these forms are provided to families when they enter the early intervention program
  • Child & Family Connections Procedure Manual – this manual is intended for program staff working at Child & Family Connections offices but is available to the public for additional information

Resource Guides

These topical guides will introduce you to important books, videos, and Web resources available from the EI Clearinghouse.

Resolution of Concerns

If you have concerns about services, or if you disagree with decisions about your child, you should discuss them with your service coordinator at the CFC. These services or decisions may have to do with identification, evaluation, assessment, placement, or the appropriateness of the services. If you are not satisfied with the result of the discussion, formal options for administrative resolution are provided in the law. If you disagree with the eligibility or evaluation/assessment of your child or the provision and location of appropriate early intervention services to your child or family, you have the right to a timely administrative resolution of your concerns.

There are 3 options for addressing your concerns.

During the resolution of your concerns, your child will continue receiving early intervention services per his or her IFSP that are not in dispute, unless there is agreement otherwise. It is important to raise your concerns as soon as possible so that your family can receive the most benefit from your participation in EI.

Complaints to the state

You may file a written, signed complaint with the Illinois Department of Human Services (IDHS) if you believe that a provider has violated a law or rule regarding the Part C Early Intervention Program. The statement must contain the facts that support your complaint. IDHS has 60 days from receiving the complaint to investigate and write a decision. During this time, IDHS may carry out an independent investigation. IDHS’s decision must include findings from the investigation, conclusions, and a reason for the final decision. If the complaint is found to be true or valid, then the decision must include procedures to correct the cause of the complaint.

PDF Form: Request for Investigation of State Complaint

Mediation

If you have a disagreement with the local provider, the CFC, or IDHS, you can request mediation. Mediation is a voluntary session facilitated by a qualified mediator in a location convenient for you within 10 days after the request. The mediator’s role is to help the disagreeing parties to talk and reach an agreement. The mediator cannot order an agreement. Discussions that are held during mediation are confidential. Mediation is voluntary, and you must freely agree to participate in it. The state pays for the cost of mediation. A mediation agreement records the terms agreed upon. Previously agreed on services to your child should continue during the mediation period.

PDF Form: Request for Mediation

Due process hearing

You may request a due process hearing to resolve a complaint with your provider or CFC. If you request a due process hearing, you and your CFC have up to 30 days to resolve the complaint to your satisfaction. If you cannot do so, a due process hearing will be held. A due process hearing is similar to a court hearing. The hearing must be held at a time and place that is reasonably convenient to you. A hearing officer listens to both sides of the disagreement. The hearing officer may not be an employee of any agency or other entity that is providing EI services for your child. At the hearing, you may bring an advocate or supporter who has special knowledge or training about your child or about children with disabilities. You also have the right to bring your child and to have the hearing open to the public.

PDF Form: Request for Due Process Hearing Officer

You have the right to a copy of the record of the hearing, findings, and decisions, at no cost. The written decision must be mailed to you within 45 days after the 30-day resolution period ends. You have the right to appeal the decision. Written complaints and written requests for mediation or impartial administrative resolution should be submitted to the Illinois Department of Human Services at:

Chief of the Bureau of Early Intervention
Illinois Department of Human Services
823 East Monroe Street
Springfield, IL 62701
217/782-1981, TTY (888) 261-2713

General questions for the Bureau of Early Intervention may be submitted to dhs.eiquestions@illinois.gov