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Early Intervention: Your Rights As a Parent

What Is Early Intervention? Is My Child Eligible? explains what early intervention services are. This article gives an overview of your rights as a parent if you do not agree with something the early intervention system has done, wants to do, or will not do. This article also explains the process that must take place when the early intervention system suspends (temporarily stops) or terminates (permanently stops) early intervention services.

What if I don’t agree with the early intervention system?

You have the right to disagree with something that the early intervention system has done, wants to do, or will not do. You may request mediation, a due process hearing, or a complaint investigation. All three options are described below. If you request a due process hearing or a complaint investigation, your child must continue to receive services while the hearing or investigation takes place, unless you ask that he or she stop receiving those services.

Mediation

You may choose mediation by itself or with a request for a due process hearing or a complaint investigation. If you select mediation, the other side must attend the mediation. If the other side asks for mediation, it will only happen if you consent (agree). Mediation must be held within 10 days of your request. Parents may refuse or withdraw their request for mediation at any time.

The mediation must be held on a date and at a time and location good for you. If you come to an agreement, it will be put in writing. You and the others at the mediation must agree to follow the agreement. The agreement will become a part of your child’s Individualized Family Service Plan (IFSP), which explains the services your child will get. If you do not solve your problems with mediation, you may request a due process hearing or a complaint investigation. It is important to know that, if you do not make this request, your matter will not be automatically transferred to a judge for a due process hearing.

Due process hearing

You may also request a due process hearing to resolve disputes. You must make your request to the Procedural Safeguards Office of the New Jersey Department of Health and Senior Services Office of Early Intervention Services within one year of the date that you knew or should have known of the issue for which you are now filing a request. The Early Intervention System must respond to your request within 14 days. After this response, your case is assigned to an administrative law judge. Within 30 days of receiving your request, the judge must hold a hearing, make a decision, and send it to everyone involved. You may appeal this decision to a state or federal court.

Complaint investigations

You may also request a complaint investigation. Your complaint may be about a specific problem related to your child or family. You may also make a general complaint that the way something has been done, or not done, violates (breaks) federal or state law. You must identify what law was violated and provide facts that support your claim. You must sign the complaint and file it within one year of the date that you knew or should have known about the issue that you are addressing in the complaint.

The complaint may be filed later if the violation continues or if you are looking for reimbursement or corrective action (requiring that something be changed) for something that occurred within the last three years. The Procedural Safeguards Office (PSO) will do an on-site investigation if it determines that one is necessary. The PSO must make a written determination within 60 days of receiving the complaint.

How do I make a request for mediation, a due process hearing, or a complaint investigation?

You must make your request for mediation, a due process hearing, or a complaint investigation in writing to:

New Jersey Department of Health and Senior Services
Office of Early Intervention Services
Procedural Safeguards Office
P.O. Box 364
Trenton, NJ 08625-0364
Toll Free: (877) 258-6585
Fax: (609) 292-0296

The Department of Health and Senior Services, Office of Early Intervention Services, has a request form for dispute resolution online on their Procedural Safeguards page.

Can my child’s early intervention services be stopped?

Early intervention services may be stopped if you or your child regularly fails to attend scheduled early intervention sessions without letting the service provider know ahead of time. If you cannot attend a scheduled early intervention session, it is very important that you contact your service provider as soon as possible. Services may also be stopped if the service provider believes he or she will be in danger if the services are provided in the chosen location. If the early intervention system plans to suspend (temporarily stop) early intervention services, it must send you notice (explanation in writing) of its decision. The notice must include the date the suspension will begin and the reason for suspending services. The notice must tell you if there is a plan to terminate (permanently stop) services and explain how you may appeal the suspension.

What can I do if I have received a suspension notice?

If you have received a suspension notice, you have the right to appeal it by sending a letter within 21 days of the date on the notice. The letter appeal must be sent to the Procedural Safeguards Office (PSO). Once your letter appeal is received, the PSO must review it and make a decision within 30 days of the date it received your letter. The PSO must send you its decision in writing. It is important to know that if you do not appeal the suspension, the services may be terminated on the date identified on the notice you received.

May the state terminate early intervention services immediately?

Under some circumstances, the state may terminate early intervention services immediately. It may do this if you or a member of your family physically harms the service provider, puts the service provider at imminent (certain or likely) risk of physical harm, or acts illegally or abusively toward the service provider. The early intervention system may also terminate services if your child is no longer eligible to receive them. Before making a decision about whether or not to immediately terminate services, the staff of the early intervention system must speak with you, the service coordinator, service providers, and others.

You must receive a notice of the termination. The notice must include the date that services will be terminated and explain the reason for termination and how you may appeal the termination. To appeal the termination, you must send a letter within 21 days of the termination notice to the Procedural Safeguards Office (PSO). Once your letter appeal is received, the PSO must review it and make a decision within 30 days of the date it received your letter. The PSO must send you a written decision.

If you need further help or information, contact your service coordinator or the Procedural Safeguards Office.

Education Representation Project

You may also contact Legal Services of New Jersey’s Education Representation Project by calling LSNJLAW^SM, Legal Services of New Jersey’s statewide, toll-free legal hotline, at 1-888-LSNJ-LAW (1-888-576-5529).

For more information about early intervention, please see What Is Early Intervention? Is My Child Eligible?

This information last reviewed: Aug 2, 2017

LSNJLAW SM

Early Intervention: Your Rights As a Parent

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