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fewer than 90 days--and, at the discretion of all of the parties, not more than 9 months--before the child will no longer be eligible to receive, or no longer will receive,

§303.211 services.

Referral based on trauma due to exposure to family violence

(§303.211(b)(7))

Comment: Some commenters recommended amending §303.211(b)

(7) to specifically reference infants and toddlers, not just children over the age of three, who experience trauma because the regulatory language in this section is not consistent with the explanation for the regulation provided by the Department in the preamble of the NPRM. Another commenter stated that there is no principled reason for restricting the required referral under this section to children over the age of three in States where these children remain eligible for early intervention services, while another commenter questioned whether the requirement to refer children under the age of three based on trauma due to exposure to family violence only applies to children in States implementing the birth to kindergarten option.

Discussion: It appears that the commenters may have

misunderstood §303.211(b)(7). Section 303.211(b)(7),

consistent with section 635(c)(2)(G) of the Act, requires,

for States that adopt policies under §303.211, a referral