§ Â 3109A. Procedural safeguards.

The Department shall provide procedural safeguards which include all of the following:

(1) Provide the opportunity for a parent to resolve complaints through mediation and an impartial, timely administrative hearing where the burden of proof rests with the respondent agency.

(2) Maintain the confidentiality of personally identifiable information.

(3) Provide the option to accept or decline early intervention services without jeopardizing eligibility for other early intervention services.

(4) Provide a parent the opportunity to examine and obtain copies of relevant records either without charge, or, if authorized by departmental regulation, at a fee that does not exceed actual cost.

(5) Ensure the appointment of a surrogate decision-maker if the State has custody of an eligible child or the child’s parent cannot be identified or located.

(6) Provide prior written notice to a child’s parent if a participating agency or service provider proposes to initiate or change or refuses to initiate or change the identification, evaluation, or placement of an eligible child or the provision of early intervention services.

(7) Procedures to ensure that notice required under paragraph (6) of this section fully and effectively informs parents of the procedural safeguards under this section.

(8) Procedures to ensure, in the absence of contrary agreement, the continuation of early intervention services during the pendency of any proceeding or action involving a complaint by a parent or, in the context of initial application, provision of services not in dispute.