Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Behavioral Health and Developmental Services intends to consider promulgating 12VAC35-225, Requirements for Virginia's Early Intervention System. The purpose of the proposed action is to promulgate regulations to codify those portions of Virginia's policies, procedures, and practices that require the force of law to ensure that Virginia remains in compliance with federal mandates, including (i) details regarding the state infrastructure for early intervention services not already provided by the Code of Virginia; (ii) clarifying Virginia's referral system; (iii) outlining the intake, eligibility determination, and assessment processes; (iv) detailing the expectations regarding service planning and delivery, including transition or discharge from the early intervention system of care; (v) explaining the service funding and payment expectations; (vi) establishing the procedural safeguards that individuals can expect; (vii) addressing the alternative to resolve disputes; and (viii) establishing a certification process for certain early intervention practitioners and a comprehensive system of personnel development.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 2.2-5304 of the Code of Virginia; 34 CFR Part 303.

Public Comment Deadline: February 11, 2015.

Agency Contact: Catherine Hancock, Part C Administrator, Department of Behavioral Health and Developmental Services, 1220 Bank Street, Richmond, VA 23218, telephone (804) 371-6592, FAX (804) 371-7959, or email catherine.hancock@dbhds.virginia.gov.