West Virginia Code
Article 5K. Early Intervention Services for Children With Developmental Delays
§16-5K-2. Definitions

Unless the context clearly otherwise indicates, as used in this article:
(a) "Bureau" means the Bureau for Children and Families Public Health within the Department of Health and Human Resources.
(b) "Council" means the Governor's Early Intervention Interagency Coordinating Council.
(c) "Department" means the Department of Health and Human Resources.
(d) "Early intervention services" means developmental services which:
(1) Are designed to meet the developmental needs of developmentally delayed infants and toddlers and the needs of the family related to enhancing the child's development;
(2) Are selected in collaboration with the parents;
(3) Are provided under public supervision in conformity with an individualized family service plan;
(4) Are provided either at no charge, fees based on a sliding scale, or charges to third party payers and do not restrict access or services because of a client's financial limitations;
(5) Meet the state's early intervention standards, as established by the Department of Health and Human Resources with the assistance of the Governor's Early Intervention Interagency Coordinating Council;
(6) Include assistive technology, audiology, audiology case management, family training, counseling and home visits, health services necessary to enable a child to benefit from other early intervention services, medical services only for diagnostic or evaluation purposes, nursing services, nutrition services, occupational therapy, physical therapy, psychological services, social work services, special instruction, speech-language pathology, vision and transportation; and
(7) Are provided by licensed or otherwise qualified personnel, including audiologists, family therapists, nurses, nutritionists, occupational therapists, orientation and mobility specialists, physical therapists, physicians, psychologists, social workers, special educators, speech-language pathologists and paraprofessionals appropriately trained and supervised.
(e) "Infants and toddlers with developmental delay" means children from birth to thirty-six months of age who need early intervention services for any of the following reasons:
(1) They are experiencing developmental delays, as measured by appropriate methods and procedures, in one or more of the following areas: Cognitive, physical, including visual and hearing, communicative, adaptive, social, language and speech, or psycho-social development or self-help skills; or
(2) They have a diagnosed physical or mental condition that has a high probability of resulting in developmental delay; or
(3) They are at risk of having substantial developmental delays if early intervention services are not provided.

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