Sec. 13a.13.01.04. Referral and Screening

A. Referral.

(1) A local lead agency shall identify a single point of entry which shall:

(a) Coordinate all major child find efforts, consistent with 34 CFR §303.302 and COMAR 13A.13.02.04B; and

(b) Be available for use by primary referral sources and others who suspect developmental delay in an infant or toddler.

(2) A local lead agency shall require the referral of a child younger than 3 years old who:

(a) Is the subject of a substantiated case of child abuse or neglect; or

(b) Is identified as directly affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure.

(3) A local lead agency shall seek parental consent for referral of a child younger than 3 years old who directly experiences a substantiated case of trauma due to exposure of violence, as defined in Section 320 of the Family Violence Prevention and Services Act, 42 U.S.C. 10401, et seq.

(4) A local lead agency shall ensure primary referral sources refer an infant or toddler as soon as possible, but in no case more than 7 days after the child has been identified.

B. Screening Procedures.

(1) A local lead agency or EIS provider may screen a child younger than 3 years old to determine whether the child is suspected of having a disability, consistent with 34 CFR 303.320.

(2) If a local lead agency or EIS provider proposes to screen a child, it shall:

(a) Provide the parent notice of the intent to screen the child to identify whether the child is suspected of having a disability, consistent with 34 CFR §303.421;

(b) Provide the parent a description of the parent’s right to request an evaluation at any time during the screening process, in accordance with 34 CFR §303.32; and

(c) Obtain consent before conducting the screening procedures, in accordance with as required in 34 CFR §303.420(a)(1) and Regulation .12 of this chapter.

(3) If the result of screening or other available information indicates that the child is suspected of having a disability, the local lead agency shall:

(a) Provide the parents notice of the results consistent with 34 CFR §303.421 and Regulation .11 of this chapter;

(b) Obtain parental consent for evaluation and assessment consistent with 34 CFR §303.420 and Regulation .12 of this chapter; and

(c) Conduct an evaluation and assessment of the child in accordance with 34 CFR §303.321 and Regulation .05 of this chapter.

(4) If the result of screening or other available information indicates no suspicion of a disability, the local lead agency or EIS provider shall provide the parents notice of that determination and the parent’s right to request an evaluation, consistent with 34 CFR §303.421.

(5) Parents may request and consent to an evaluation at any time during the screening process.

(6) The evaluation of the child must be conducted within 45 days from the date of referral, even if the local lead agency or EIS provider has determined the child is not suspected of having a disability in accordance with §B(4) of this regulation.

(7) A local lead agency is not required to provide:

(a) An evaluation of the child unless:

(i) The child is suspected of having a disability; or

(ii) The parent requests an evaluation; or

(b) Early intervention services unless the child is determined to be an infant or toddler with a disability as defined in 34 CFR §303.21 and Regulation .03B(29) of this chapter.