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32 Child L. Prac. 1 (2013)

handle is hein.journals/chilawpt32 and id is 1 raw text is: LEARNING CURVES Infants and Toddlers with Disabilities in the Child Welfare System: What Advocates Should Know about IDEA Part C by the Legal Center for Foster Care and Education O f the 423,773 children in foster care as of September 30, 2009, 36% were under age six and 20% were under age three.1 Infants and toddlers remain in care longer and are more likely to return to care than older children. More than half of these children will experience serious medical conditions and developmental delays.2 Research shows that abuse, ne- glect, and exposure to trauma affect children's neurological development. Maltreatment changes children's brains and affects children's develop- ment in their behavioral, social, and emotional domains. These infants and toddlers may be eligible for special help from the federal Individuals with Disabilities Education Act (IDEA) program for in- fants and toddlers with developmental delays. Child welfare advocates need to know what help is available for very young children in their care, how to get that help, and how to overcome the barriers that children in care face. Time is of the essence. The sooner children with developmental and learning difficulties get help, the better their school and life outcomes. Q How is the need for early L intervention services for infants and toddlers (birth to age three) with developmental delays addressed in the IDEA? In 1986, the IDEA was amended to help states provide early intervention services to children with disabilities who had not yet reached school-age. The part of the IDEA that applies to children from birth to their third birth- day is now called Part C. The IDEA was again significantly changed in 2004, including some key amendments to Part C. On October 28, 2011, final regulations implementing the Part C changes went into effect.4 All states currently accept federal funding under Part C and thus must fulfill its mandates. Each state has a lead agency charged with ensur- ing compliance with the law. Like the parts of the IDEA (known as Part B) for school-aged and preschool-aged children, Part C is an entitlement program. That means any child who is eligible for services has a right to receive those services. However, Part C programs can look quite different across states. This is because the fed- eral law gives states choices about, for example, whether the state will charge for some Part C services;5 whether children can remain in the Part C sys- tem (with some conditions) beyond age three; and whether, once a child is referred, the state must conduct a comprehensive evaluation, or (sub- ject to the parent's right to bypass the screen), it can first screen children to determine if they should be evaluated to assess eligibility for services. ( A re any of the recent amendments to Part C or the new regulations specific to children in care? Yes! Several important changes to Part C emphasize the urgency of (Continued on p. 6) What's Inside: 2 CASE LAW UPDATE 10 HEALTH MATTERS New Birth Assessment Helps Teen Parents in Illinois Foster Care 12 IN THE FIELD Polyvictimization: Tips for Advocates Working with Children 14 INNOVATIVE PROGRAMS Law Program Helps Young Offenders Avoid Cycle of Violence and Jail 15 JUDGE'S CORNER The Role of Judges in Implementing Fostering Connections: Sibling Placement Internet: http://www.childlawpractice.org

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