Qualitative Determination of Developmental Delay is applied as described in this section:
  (1) When a child's adjusted age is 0 months, administration of the standardized tool or another protocol is not required. The interdisciplinary team, which must include an LPHA knowledgeable in the area of concern, must describe clinical findings and how those findings significantly interfere with the child's functional abilities.
  (2) When the evaluation results, which are measured using the standardized tool designated by HHSC ECI, do not accurately reflect the child's development or ability to function in the natural environment, the interdisciplinary team, documents this information in the child's record and proceeds to a qualitative determination of developmental delay.
    (A) For a child with an adjusted or chronological age of greater than 0 months but less than 3 months, the interdisciplinary team, which must include an LPHA knowledgeable in the area of concern, qualitatively determines developmental delay by describing clinical findings and how those findings significantly interfere with the child's functional abilities.
    (B) For a child with an adjusted or chronological age of at least 3 months, the interdisciplinary team, which must include an LPHA knowledgeable in the area of concern, must use the supplemental protocol designated by HHSC ECI to qualitatively determine developmental delay. The developmental domains and sub-domains that can be used for qualitative determination of delay are established by HHSC ECI.

Source Note: The provisions of this §350.821 adopted to be effective September 1, 2013, 38 TexReg 5524; amended 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