3701-8-09 Parents rights.

(A) As used in this rule:

(1) “Language” means the mode of communication normally used by the parent of child eligible under this procedure, such as sign language, Braille, oral communication, or native language;

(2) “Personally identifiable” means information that includes:

(a) The name of the child, the child’s parent or other family member;

(b) The address of the child;

(c) A personal identifier such as the child’s or parent’s social security number; and

(d) Personal information that would make it possible to identify the child with reasonable certainty.

(B) Children and their families eligible for HMG have the following rights:

(1) To accept or decline some or all HMG services; except that a child, who has a suspected developmental delay or disability, may not receive other HMG services until the child has been evaluated in all five developmental domains in accordance with rule 3701-8-03 of this chapter;

(2) To be informed of their rights in a language the parents understand, unless it is not feasible to do so;

(3) The right to receive written notice before HMG services are initiated, refused, or changed. The written notice shall be provided in a language the parent understands, unless it is not feasible to do so, and shall include what and why the change is being proposed or denied;

(4) To keep personally identifiable information confidential and to provide written consent before any personally identifiable information about their family is shared between HMG providers or otherwise disclosed, unless such disclosure is authorized under state and federal law;

(5) The right to review HMG records about their family at no cost and without unnecessary delay;

(6) The right to request, be present at and take part in HMG meetings about their family, including the IFSP meetings held in accordance with rule 3701-8-04 of this chapter;

(7) The right to receive service coordination at no cost;

(8) The right to take part in HMG transition planning before the child turns three years of age or upon exit from the program; and

(9) The right to make a formal complaint about HMG services in accordance with rule 3701-8-08(A) of this chapter.

(C) In addition to the rights listed in paragraph (A) of this rule, children and their families eligible for Part C services, have the right to the following services at no cost to the family:

(1) The right to a developmental evaluation of the child to determine eligibility;

(2) The right to have an advocate or friend present at any or all contacts with service providers at the parent’s expense;

(3) The right to receive written notice before HMG services are initiated, refused, or changed.

(a) The written notice shall be in a language the parent understands, unless it is not feasible to do so, and shall include the HMG service the provider is proposing to initiate, deny or change and the reason for the service initiation, denial or change.

(b) If a HMG provider proposes, or refuses, to initiate or change HMG eligibility, evaluation, or placement of a child, or the provision of Part C services to a Part C eligible child or his family, the parent has the right to timely written notice of the following:

(i) The action that is being proposed or refused, including but not limited to, an explanation of the scope, purpose and benefits of any Part C services that are being proposed or refused;

(ii) The reasons for proposing or refusing the action, including but not limited to, a description of other options considered and the reasons for rejecting the options;

(iii) The information upon which the proposal or refusal to act is founded, including, but not limited to, a description of each record or report used as a basis for the proposal or refusal to act; and

(iv) All procedural safeguards that are available under rule 3701-8-08 of this chapter.

(4) To review and make changes to HMG records about their family at no cost. The family has the right to inspect and review their HMG records without unnecessary delay and before any meeting regarding an IFSP or hearing relating to the identification, evaluation or placement of the child and in no case more than forty-five days after the request has been made. The right to inspect and review records includes:

(a) The right to a response from the HMG provider or agency to reasonable requests for explanation and interpretation of records;

(b) The right to receive copies of their HMG records within fifteen days after receipt of a request for copies for a fee not to exceed the actual amount of the copying cost.

(i) The fee may not include any cost for search or retrieval of the records.

(ii) The family has a right to receive the copies at no cost if charging a fee would prevent the parent from obtaining the copies.

(c) The right to have a representative of the parent to inspect and review their HMG records; and

(d) The right to seek corrections, additions and amendments to a HMG record that is inaccurate or misleading. If a HMG provider or agency refuses to correct a record alleged to be inaccurate or misleading by the family, the family may request the county FCFC to provide a hearing to resolve the dispute. The hearing shall be held before an individual who does not have a direct interest in the outcome of the hearing and shall be held within thirty days from the receipt of a request for the hearing, with a written decision issued within ten days from the date of the hearing. The county FCFC shall inform the parent of the date, time, and place of the hearing in advance and in a language the parent understands. If it is decided that the information is inaccurate or misleading, the record shall be amended to reflect the correct information. If it is decided that the information is accurate and not misleading, the parent place in the records a statement commenting on the information or the parent’s disagreement with the written decision. Any statement provided by the parent must be maintained with the record and be disclosed if the contested part of the record is disclosed.

(5) The right to make a formal complaint about HMG services in accordance with rule 3701-8-08(B) of this chapter.

R.C. 119.032 review dates: 07/06/2010 and 01/16/2012

Promulgated Under: 119.03

Statutory Authority: 3701.61

Rule Amplifies: 3701.61

Prior Effective Dates: 8/8/2005