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Note:  This document has been delivered to the Office of the Federal Register but has not yet been scheduled for publication.  The official version of this document is the document that is published in the Federal Register.

referred to the Part C program. The policy for requiring the referral of children under the age of three who have been directly affected by illegal substance abuse is that

there is a likelihood that these children may experience

developmental delays and thus be eligible for early

intervention services under Part C of the Act. We have

clarified the phrase “affected by illegal substance abuse”

by adding the term “directly” because we agree that the

statutory language is vague. This change is consistent

with our addition of the term “directly” in §303.211(b)(7)

regarding referral of a child under the age of three who directly experiences a substantiated case of trauma due to exposure to family violence.

Changes: We have added the term “directly” before the

words “affected by illegal substance abuse” in new

§303.303(b)(2) (proposed §303.302(b)(2)).

Comment: Some commenters requested that the Department mandate that child find systems provide for the referrals of children under the age of three who have been abandoned; affected by alcohol abuse, including prenatal alcohol exposure; or exposed to family violence or dangerous levels of lead paint. At a minimum, these commenters recommended that these regulations include these children as examples of children who should be referred to the Part C program.