EIP Transition Guidance - Transition for Children in Foster Care

All of the transition procedures described above apply to children in foster care who are in the Early Intervention Program (EIP). However, for children in foster care, the local social services commissioner responsible for the child must be involved in the transition planning process (i.e., the local social services commissioner who has the care and custody or custody and guardianship of the child). The local social services commissioner should be invited to participate in the review of IFSP to determine whether the child needs a referral for services under Section 4410 of the Education Law, and, if applicable, should be invited to participate the child's transition conference.

It is also important to note that children in foster care may, under certain circumstances, require the appointment of a surrogate parent by the EIO or Committee on Preschool Special Education (CPSE). If the EIO has appointed a surrogate parent for a child in foster care, it is possible that the CPSE will continue to have this surrogate parent represent the child, or there may be a need for the CPSE to appoint a different surrogate parent for purposes of services under Section 4410 of the Education Law. If a surrogate parent is appointed by either the EIO or the CPSE, the surrogate parent is accorded all the rights and responsibilities of the child's parent for purposes of the Early Intervention Program and preschool special education programs and services.

Appendix I includes information about the roles and responsibilities of Early Intervention Officials, service coordinators, local Department of Social Services caseworkers, and the CPSE in the transition process for children in the EIP who are also in the foster care system. The Department of Health and Office of Children and Family Services jointly developed a protocol for children in foster care and the EIP, which is available on the Department's Web site (www.health.state.ny.us).