IDEA 2004: Building the Legacy
Part C (birth - 2 years old)
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clarify whether it violates Part C confidentiality regulations to accept a referral without parental consent.
Discussion: Section 303.401(c)(2) provides that the Part C confidentiality procedures apply from the point in time when the child is referred for early intervention services, and thus, do not apply prior to a referral. Under
§303.401(c)(2), the confidentiality provisions under Part C
of the Act do not apply to primary referral sources. Thus, Part C does not prohibit the lead agency or an EIS provider from accepting a referral of a child to the State Part C system from a primary referral source. However, the primary referral source may be required to obtain parental consent prior to making a referral under other applicable laws (such as HIPAA, CAPTA, or State laws).
Discussion: Given that we reference “participating
agencies” in §§303.405 through 303.417, we have changed the
reference in §303.401(c)(2) from “lead agency and EIS
provider” to “participating agency.” We also have
clarified that the confidentiality procedures apply until the later of when the participating agency is no longer required to maintain or no longer maintains, under applicable Federal and State laws, the personally