1. (a) Developmental screening is done to determine the need for further evaluation. A contractor must:

   1. (1) use tools that are approved by HHSC ECI; and
   2. (2) train providers administering the tool according to the parameters required by the selected tool.
2. (b) A parent has the right to request a comprehensive evaluation after a developmental screening or a comprehensive evaluation instead of a developmental screening at any time.

3. (c) If the results of a child's developmental screening do not indicate a concern, a contractor must:

   1. (1) provide written documentation to the parent that further evaluation is not recommended;
   2. (2) offer the parent a comprehensive evaluation; and
   3. (3) conduct a comprehensive evaluation if requested by the parent.

4. (d) A contractor must coordinate with the Texas Department of Family and Protective Services (DFPS) to accept a referral for a child under 36 months of age who is involved in a substantiated case of child abuse or neglect, affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure, or suspected of having a disability or developmental delay.

   1. (1) A child in DFPS conservatorship. A contractor must offer a comprehensive evaluation to determine eligibility for early childhood intervention services when the contractor receives a completed developmental screening from a health care provider indicating the child has a developmental delay.
   2. (2) A child not in DFPS conservatorship who is involved in a substantiated case of abuse or neglect. A contractor must offer either a developmental screening or proceed directly to a comprehensive evaluation.
   3. (3) A child affected by illegal substance abuse or withdrawal symptoms from prenatal drug exposure. A contractor must offer either a developmental screening or proceed directly to comprehensive evaluation.
   4. (4) A child suspected of having a disability or developmental delay. A contractor follows their local procedures for accepting a referral, conducting a developmental screening, and completing an evaluation unless the child meets one of the criteria in paragraphs (1) - (3) of this subsection.

Source Note:The provisions of this §350.709 adopted to be effective September 1, 2011, 36 TexReg 5387; amended to be effective July 1, 2012, 37 TexReg 4621; amended to be effective September 1, 2013, 38 TexReg 5524; amended to be effective June 30, 2019, 44 TexReg 3280; transferred effective March 1, 2021, as published in the Texas Register February 5, 2021, 46 TexReg 941.