 Families are the Foundation of Wisconsin's Birth to 3
Program
(info on how to order copies)
How the Law Works for You (continued)
Resolving Concerns, Exercising Options. There may be a
time when you believe that early intervention requirements are not being met or when you
disagree with decisions made about your child’s early intervention program. If this
happens, it is important that you share your concerns with your service coordinator,
appropriate early intervention professionals who are members of your team, or the
administrator of your child’s program. If you are unable to resolve your concerns
informally, the following options are available:
1. Birth to 3 Program Complaint
If you feel that the local or state Birth to 3 Program has violated
a federal or state law, you may file a written complaint with the Department of Health Services. These
are not complaints about services for an individual child, but are used when you believe
the local or state program is not meeting an early intervention program requirement. You
should write your concerns to DHS at the address listed in the Where
to Get More Information section of this guide. Please include a statement describing
the complaint and the facts upon which the complaint is based. After receiving your
complaint, a Birth to 3 staff member will investigate it. You will be notified within 60
days about what action, if any, will be taken. If you do not agree with the
Department’s decision, you have a right to request that the Secretary of the United
States Department of Education review the complaint.
2. Disputes About Your Child’s Early Intervention
Services
If there is an occasion when you disagree with the county Birth to 3
agency about your child’s early intervention services, this is called a dispute.
There may be disputes about decisions made regarding evaluation for eligibility,
assessment results, services, or payment of services for your child. Two primary options
are available to you to try to find a resolution to the dispute. You can try these options
alone or together.
Click
for more information on the Birth to 3 Mediation System.
One of these options is mediation. Mediation is a process in which a
neutral and impartial third party, a mediator, helps people resolve disputes in a private
setting. The mediator focuses discussions on the disputes and circumstances that have
separated the parents and county. The mediator does not impose a decision, but rather
helps the parties identify issues, generate options, and create their own solutions.
Either a parent or a county administrative agency, or both, may
request mediation by sending a written request to the Birth to 3 Program Coordinator at
the Department of Health Services. If an agreement is reached, the agreement is
put into written form and signed by the parties. The implementation of the agreement is
the responsibility of both parties. The results of mediation cannot be used in the hearing
process without the consent of both parties.
Mediation does not delay or deny your right for an impartial
hearing. The cost of mediation is covered by the state Birth to 3 Program.
- Impartial Hearing
You may request an Impartial Hearing, a formal process for settling
disputes. The hearing takes place before an impartial decision-maker to resolve a dispute
between you and the county agency or service provider.
You should send a Request for Impartial Hearing to the Birth to 3
Program Coordinator at the Department of Health Services. Alternatively, you
may write a letter requesting a hearing. The Department of Health Services
will
appoint the impartial decision-maker. The Impartial Hearing will be completed and a
decision made within 45 days of your request.
You, the county and any witnesses will present evidence. You are
entitled to have an attorney and advisors present. The hearing is provided at no cost to
you, except for any professionals that you hire to represent you. If you are not happy
with the decision from the Impartial Hearing, you may bring a civil action in State or
Federal Court.
Request
for
a Hearing, Wisconsin Birth to 3 Program
F-22433 Word
Fillable
or PDF
|
Your Rights During the Conflict Resolution Process:
|
- Services
will be provided during the dispute resolution process, if you agree. Your child will
continue to receive the services provided before the dispute was filed. If the dispute
involves initial services, your child will receive any services that are not in dispute.
- Confidentiality
will be maintained during the resolution process. Information will not be disclosed
without your written consent. Only people who have a legitimate need for information
related to your dispute will have access to information related to your child.
Request
for a Hearing, Wisconsin Birth to 3 Program
F-22433 Word
Fillable
or PDF
|
Your Rights During the Conflict Resolution Process:
|
|
