(a) The IFSP team must develop a written initial IFSP within 45 days from the date the Texas Health and Human Services Commission (HHSC) Early Childhood Intervention (ECI) receives a referral on a child unless the child or parent is unavailable due to exceptional family circumstances documented in the child's record. The IFSP must be completed during a face-to-face meeting with the family in accordance with 20 USC §1436 and 34 CFR §§303.340 - 303.346.
(b) The IFSP must be developed based on evaluation and assessment of a child as described in 34 CFR §303.321 and Subchapter H of this chapter (relating to Eligibility, Evaluation, and Assessment). An IFSP must address the developmental needs of the child and the case management needs of the family as identified in the comprehensive needs assessment, unless the family declines to address a specified need.
(c) A contractor must provide a parent with a copy of the IFSP, as required by 34 CFR §303.405 and §303.409 and maintain the original IFSP in the child's record.
(d) A contractor must deliver early childhood intervention services according to the IFSP.
(e) An IFSP team must conduct a periodic review of the IFSP at least every six months in accordance with 34 CFR §303.342.
(f) An IFSP meeting must be conducted at least annually, if the child was younger than 21 months of age on the date of the previous initial or annual IFSP meeting, to evaluate and revise, as appropriate, the IFSP for a child and the child's family in accordance with 34 CFR §303.342. The meeting may be conducted by a method other than face-to-face if:
  (1) approved by the parent;
  (2) the contractor has a plan approved by HHSC for conducting annual IFSP meetings by a method other than face-to-face when appropriate for the child and family; and
  (3) the contractor documents how the Licensed Practitioner of the Healing Arts' observations and conclusions of the re-evaluation of the child were communicated and incorporated into the IFSP.
(g) If the child was 21 months of age or older on the date of the previous initial or annual IFSP, the IFSP team must conduct a periodic review that meets the requirements in §350.1017 of this subchapter (relating to Periodic Review).
(h) Documentation in the child's record must reflect compliance with related state and federal requirements.
(i) The contractor must comply with all requirements in Subchapter B of this chapter (relating to Procedural Safeguards and Due Process Procedures) during the IFSP process.

Source Note: The provisions of this §350.1004 adopted to be effective March 7, 2015, 40 TexReg 939; amended to be effective June 30, 2019, 44 TexReg 3280; transferred effective March 1, 2021, as published in the Texas Register February 5, 2021, 46 TexReg 941; amended to be effective March 17, 2022, 47 TexReg 1266