§ 4226.95. Prior notice.

 (a)  Written prior notice shall be given to the parent of a child referred or eligible for tracking or early intervention services before a county MH/MR program proposes, or refuses, to initiate or change the identification, evaluation or placement of the child, or the provision of early intervention services to the child and the family.

 (b)  The notice shall be in sufficient detail to inform the parent about the following:

   (1)  The action that is being proposed or refused.

   (2)  The reasons for taking the action.

   (3)  The right to request one or all of the following, including a description of the procedures and rights that apply to each:

     (i)   Conflict resolution, as described in §  4226.97 (relating to conflict resolution).

     (ii)   Mediation, as described in §  4226.98 (relating to mediation).

     (iii)   A due process hearing, as described in §  4226.99 (relating to due process procedures).

   (4)  The right to file a complaint with the Department, including a description of how to file a complaint and timelines for filing the complaint.

 (c)  The notice shall be:

   (1)  Written in language understandable to the general public.

   (2)  Provided in the native language of the parent, unless it is clearly not feasible to do so.

 (d)  If the native language of the parent is not a written language, the county MH/MR program shall take steps to ensure that:

   (1)  The notice is translated orally or by other means to the parent in the parent’s native language.

   (2)  The parent understands the notice.

   (3)  Written evidence that the requirements of this subsection have been met is maintained in the child’s record.

Cross References

   This section cited in 55 Pa. Code §  4226.36 (relating to child records); 55 Pa. Code §  4226.99 (relating to due process procedures); and 55 Pa. Code §  4226.100 (relating to parental rights in due process hearings).

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