(a)
(1) A local provider program and, or, or both EI service provider must fully inform a parent in advance of all relevant information pertaining to the activity for which parental consent is sought, including without limitation:
- (A) A complete description of the activity for which parental consent is sought;
- (B) An explanation that parental consent is voluntary and may be withdrawn at any time, but that any revocation will not be retroactive;
- (C) A description of any information that will be released, if any, and to whom;
- (D) The purpose of releasing the information;
- (E) The duration of time that the information will be released; and
- (F) Specific information for the parent on how to revoke or withdraw consent.
- (2) A local provider program and, or, or both EI service provider must fully answer all parent questions for parental consent to be valid.
- (3) A local provider program and, or, or both EI service provider must communicate in the parent’s native language to fully inform the parent and answer the parent’s questions when seeking parental consent.
- (4) A local provider program and, or, or both EI service provider cannot use lack of parental consent as justification for failing to meet a requirement under this part unless there is documented repeated attempts to obtain parent consent, documentation of an exceptional family circumstance making it impossible to obtain parent consent, or documentation of parent refusal to grant consent.
(5)
- (A) Parent consent must be obtained prior to any action that would impact the child and, or, or both family.
- (B) Parent consent is documented by the parent's signature and date on state-approved forms.
- (b) A Local provider program and, or, or both EI service provider must ensure that documentation of parent consent is in the child’s electronic record prior to taking any action for which parent consent was granted.
Codification Notes: "EI" means early intervention.