You have many rights as the parent of a child receiving early intervention services through the Birth to 3 Program. These rights are called Procedural Safeguards.
Disputes
There may be a time when you disagree with the county Birth to 3 agency about your child's early intervention services. This is called a dispute. As a parent, you have the right to disagree with the decisions made regarding evaluation for eligibility, assessment results, services, or payment of services for your child.
There are several options for you to use to resolve the disagreement. You can try any of these options alone, or together.
One of these options is mediation. Mediation is a process in which a impartial third party, a mediator, helps people to try and resolve disputes in a private setting. You can request information about mediation from your service coordinator or the Birth to 3 Mediation System.
CONFLICT RESOLUTION OPTIONS
Negotiation
If you have a dispute, you may first want to talk informally with the staff member with whom you disagree. If that is not successful, you can speak to the coordinator of your child's early intervention program. However, you do not have to do this to use any of the other options.
You may contact or write a letter to your local Birth to 3 agency. The letter should describe the action or inaction that you disagree with and your reasons for disagreeing. If you are not satisfied with the result, you may pursue mediation or can ask the Birth to 3 agency or the Department of Health Services (DHS) for a Request for Impartial Hearing form.
Impartial Hearing
You may request an impartial hearing, a formal process for settling disputes. This procedure is a hearing before an impartial decision-maker to resolve a dispute between you and the county agency or service provider.
You should send the Request for Impartial Hearing form to the Birth to 3 Program Coordinator at the DHS. You can also write a letter about your dispute requesting a hearing. The DHS will forward the request to the Division of Hearings and Appeals who appoints an impartial decision-maker. The Impartial Hearing will be completed and a decision made within 30 days of your request.
Both parties (you and the county) in the dispute and any witnesses will present evidence. You are entitled to have an attorney and advisors present. The hearing is provided at no cost to you, except for any professionals that you hire to represent you.
If you are not happy with the decision from the Impartial Hearing, you may bring a civil action in State or Federal Court.
