1. (a) Except as provided in subsection (b), the initial evaluation and assessment for eligibility for each infant or toddler shall be completed within 45 days of the date that the regional center or LEA received the referral.

2. (b) In the event of exceptional family circumstances or lack of parent consent for the initial evaluation and assessment (despite documented repeated attempts to obtain consent), which make it impossible to complete the initial evaluation for eligibility, and assessments (child and family), and IFSP meeting within 45 days of receiving a referral, the service coordinator shall:

   1. (1) Document the exceptional family circumstances or lack of consent in the infant's or toddler's record;
   2. (2) Completing the evaluation and assessment as soon as possible after the documented exceptional family circumstances no longer exist or parental consent is obtained.

3. (c) If an infant or toddler has been determined eligible but the assessment required in Section 52082 has not been completed within 45 days of receiving a referral because of exceptional family circumstances, the service coordinator shall:

   1. (1) Document the exceptional family circumstances in the infant's or toddler's record;
   2. (2) Develop an interim IFSP pursuant to Section 52107 of these regulations; and,
   3. (3) Provide the services agreed upon in the interim IFSP.

Note: Authority cited: Sections 95009 and 95028, Government Code. Reference: Section 1435(a)(3), Title 20 United States Code; Sections 303.322(d), 303.322(e) and 303.345(b), Title 34 Code of Federal Regulations; and Sections 95016(b) and 95020(b), Government Code.

History

1. New section filed 8-4-97 as an emergency; operative 8-4-97 (Register 97, No. 32). Pursuant to Government Code section 95028(c), a Certificate of Compliance must be transmitted to OAL by 1-31-98, or emergency language will be repealed by operation of law on the following day.

2. Editorial correction of subsection (b)(3) (Register 98, No. 5).

3. New section, including amendment of Note, refiled 1-30-98 as an emergency; operative 1-31-98 (Register 98, No. 5). A Certificate of Compliance must be transmitted to OAL by 6-1-98 or emergency language will be repealed by operation of law on the following day.

4. New section refiled 6-1-98 as an emergency; operative 6-1-98 (Register 98, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-29-98 or emergency language will be repealed by operation of law on the following day.

5. Certificate of Compliance as to 6-1-98 order, including amendment of subsections (a) and (b)(4) and amendment of Note, transmitted to OAL 6-16-98 and filed 7-28-98 (Register 98, No. 31).

6. Change without regulatory effect repealing subsection (d) filed 9-10-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 37).

7. Amendment filed 6-12-2019; operative 10-1-2019 (Register 2019, No. 24).