§ 4226.92. Parental consent.

 (a)  The following requirements apply for parental consent:

   (1)  The parent shall be fully informed of all information relevant to the activity for which consent is sought, in the parent’s native language.

   (2)  The parent shall be informed and agree in writing to the carrying out of the activity for which consent is sought, and the consent form shall describe that activity and list the records (if any) that will be released and to whom.

   (3)  The parent shall be informed that the granting of consent is voluntary on the part of the parent and may be revoked at any time.

 (b)  Written parental consent shall be obtained before:

   (1)  Conducting the initial evaluation and assessment under §  4226.61 (relating to MDE).

   (2)  Referring an at-risk child to the tracking system under §  4226.26 (relating to tracking system).

   (3)  Determining eligibility for Medicaid waiver services in accordance with §  4226.23 (relating to eligibility for Medicaid waiver services).

   (4)  Initiating or changing early intervention services.

 (c)  Before an early intervention service is provided or changed, the contents of the IFSP shall be fully explained to the parent. If the parent does not consent to the delivery of a particular early intervention service or withdraws consent after first providing it, that service may not be provided. Those early intervention services to which the parent consented shall be provided. If the parent does not consent to a proposed change that reduces or terminates early intervention services, the requirements of §  4226.103 (relating to status of a child during proceedings) apply.

 (d)  If the parent does not consent, the county MH/MR program shall make reasonable efforts to ensure that the parent:

   (1)  Is fully aware of the nature of the evaluation and assessment or the services that would be available.

   (2)  Understands that the child will not be able to receive the evaluation and assessment or services unless consent is given.



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