Subject:  Mandatory Referral to First Steps of All Children Under Age Three Involved in a Substantiated Case of Child Abuse or Neglect
Source:  Margaret Strecker, Assistant Director, Special Education Compliance
Intended Audience:  SPOEs, Service Coordinators, Service Providers, SICC
Date:  July 6, 2005

A provision of the Reauthorized Individuals with Disabilities Education Act (IDEA) Part C incorporates a requirement of the Child Abuse Prevention and Treatment Act (CAPTA).  Beginning July 1, 2005, staff of the Department of Social Services, Children’s Division must refer to First Steps any child under age three who has been involved in a substantiated case of child abuse or neglect.  The purpose of the requirement is to promote collaboration between the Children’s Division and the First Steps system based on the recognition that a large proportion of abused/neglected children under age three have health and developmental problems and may be eligible for First Steps services.

SPOE staff will need to address CAPTA referrals in the same way as all other referrals received by First Steps.  Referral procedures are explained on pages 3, 4, and 5 of the First Steps Early Intervention Practice Manual and the March 2005 Guidance Letter on Documentation of Referrals to First Steps.  When a referral is received from a primary referral source, the SPOE will need to determine if there is sufficient information to suspect that the child will qualify as a child with a disability in the First Steps system and whether or not to move forward with intake and evaluation/assessment.  If the referral form does not provide sufficient information to determine whether there is a reason to suspect the child may have a developmental delay or the nature of the developmental concern, the SPOE will need to seek additional information from the referral source.  Based on that information, the SPOE will proceed as directed by the documents listed above.  In some cases, the child being referred under CAPTA procedures may already be a child who is enrolled in First Steps or in the evaluation process.