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by a designated primary referral source or EIS provider, to determine whether a referral for an evaluation for early intervention services under Part C of the Act is warranted.

Discussion: The language in new §303.303(b) (proposed

§303.302(b)) is based on the statutory language in section

637(a)(6) of the Act, regarding the referral of a child under the age of 3 who is involved in a substantiated case of child abuse or neglect; or is identified as affected by illegal substance abuse, or withdrawal symptoms resulting from prenatal drug exposure.

As noted by the commenter, lead agencies may use a variety of methods to ensure the identification of specific at-risk infants and toddlers who may be infants and toddlers with disabilities eligible for services under Part

C of the Act. Under new §303.320 (proposed §303.303), the

lead agency may establish screening procedures for children under the age of three, including at-risk infants and toddlers, who have been referred to the Part C program. Primary referral sources also may choose to conduct screenings of at-risk infants and toddlers prior to

referring a child to the Part C program under new §303.303

(proposed §303.302). If a primary referral source conducts

a screening under the supervision of the lead agency in order to determine if a child is suspected of having a