Qualitative determination of developmental delay is applied as described in this section.

1. (1) Qualitative determination of developmental delay may only be used at initial eligibility determination.
2. (2) When a child's adjusted age or chronological age is zero months or younger, administration of the standardized tool or another protocol is not required.

3. (3) The interdisciplinary team, which must include an LPHA who is knowledgeable in the area of concern, must document:

   1. (A) clinical findings; and
   2. (B) how those findings significantly interfere with the child's functional abilities.

4. (4) When the evaluation results for a child, whose adjusted age or chronological age is greater than zero months, do not accurately reflect the child's development or ability to function in the natural environment, the interdisciplinary team must:

   1. (A) document this information in the child's record; and

   2. (B) proceed to a qualitative determination of developmental delay, which must be made by a team that includes an LPHA knowledgeable in the area of concern.

      1. (i) For a child with an adjusted or chronological age greater than zero months but less than three months, the interdisciplinary team qualitatively determines developmental delay by describing clinical findings and how those findings significantly interfere with the child's functional abilities.
      2. (ii) For a child with an adjusted or chronological age of at least three months, the interdisciplinary team must use the supplemental protocol designated by HHSC ECI to qualitatively determine developmental delay. The developmental domains and sub-domains that can be used for qualitative determination of delay are established by HHSC ECI.

Source Note:The provisions of this §350.821 adopted to be effective September 1, 2013, 38 TexReg 5524; amended to be effective March 7, 2015, 40 TexReg 939; 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; amended to be effective February 13, 2025, 50 TexReg 772.