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for evaluation for early intervention services of a child under the age of three who experiences a substantiated case of trauma due to exposure to family violence, as defined in section 320 of the Family Violence Prevention and Services Act. This requirement only applies to children under the age of three because children age three and older are not eligible to be referred for early intervention services under any provision in Part C of the Act. Children age three and older will either continue to receive early intervention services for which they were already referred or would be referred to the Part B system. Referrals to the Part B system are addressed under Part B of the Act; it would not be appropriate to address them under this part.

Section 303.211(b)(7) clarifies that a referral for evaluation for early intervention services applies only to children under the age of three who experience a substantiated case of trauma due to exposure to family violence, and only in States implementing the State option

in §303.211 to make Part C services available to children

ages three and older. An example of a child who may be

referred under §303.211(b)(7) would be a child under the

age of three who has experienced a substantiated case of trauma due to exposure to family violence and who is a sibling of a child already receiving early intervention