The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section, except where the content clearly indicates a different meaning.

(1) “Department” means the Department of Health and Social Services.

(2) “Early intervention services” means developmental services that:

a. Are provided under public supervision;

b. Are provided at no cost except where federal or State law provides for a system of payments by families, including a schedule of sliding fees;

c. Are designed to meet the developmental needs of eligible children in at least 1 of the domains identified in paragraph (3)a. of this section;

d. Meet state program standards;

e. Are provided by qualified personnel consistent with Department regulations;

f. Are provided in conformity with an individualized family service plan adopted pursuant to § 215 of this title;

g. Are provided in conformity with a strong policy promoting service provision in natural environments; and

h. Include the following:

1. Family training, counseling, and home visits;

2. Special instruction;

3. Speech language pathology and audiology services;

4. Occupational therapy;

5. Physical therapy;

6. Psychological services;

7. Service coordination services;

8. Diagnostic or evaluative medical services;

9. Early identification, screening, and assessment services;

10. Health services necessary to enable an eligible child to benefit from the other early intervention services;

11. Social work services;

12. Vision services;

13. Assistive technology devices and services;

14. Transportation and related costs that are necessary to enable an eligible child or family to receive another service described in this paragraph; and

15. Such other supportive services identified by the Department through regulation.

(3) “Eligible children” means infants and toddlers from birth through 36 months of age who need early intervention services because they are:

a. Experiencing developmental delays, as measured by appropriate diagnostic instruments and procedures, including informed clinical opinion, in one or more of the following domains:

1. Cognitive development;

2. Physical development, including vision or hearing;

3. Communication development;

4. Social or emotional development; and

5. Adaptive development; or

b. Diagnosed as having a physical or mental condition which has a high probability of resulting in developmental delay; or

c. At risk of developing substantial developmental delay in the absence of early intervention services, to the extent affirmatively authorized by regulations adopted pursuant to § 218 of this title.

(4) “Federal infants and toddlers program” means the program established by the Individuals with Disabilities Education Act, codified in pertinent part at 20 U.S.C. § 1431 et seq., or any amendment or reenactment thereof.

71 Del. Laws, c. 286, § 4.