Early Childhood Intervention

[jimly]

At my my child's last visit to the pediatrician, they recommended physical therapy. They said if the normal PT they referred patients out to was unable to schedule us an appointment, they would refer us to Early Childhood Intervention "because they do physical therapy". After spending time on this site, I am extremely uncomfortable using Early Childhood Intervention and simply would not do it, ever. We are currently on Medicaid but will be switching to my husband's employer's insurance at the end of the year.

If we are unable to get an appointment with the first physical therapist, how can I avoid Early Childhood Intervention without having CPS called?

[monkette31]

To avoid a case of "medical neglect", find the state law and the exact definition of "medical neglect". What state are you in and we can pull it up for you from childwelfare.gov website. State laws vary. Has the doctor or somebody inferred neglect?

[jimly]

We're located in Texas. Nobody has mentioned anything about neglect or shown any suspicion. I'm trying not to be overly paranoid here, so I'm going to assume the doctor really was just trying to use every resource to get my child into a physical therapist that's covered by Medicaid.

Again, I will not allow ECI into my home, and I doubt I would even consider using them outside the home.

[treytrey1]

We used Early childhood intevention with speech therapy for two of my children. We loved them. We are in Tennessee.

[monkette31]

This is the current state statute for Texas as listed under the http://www.childwelfare.gov site. It's a very good site to research.

https://www.childwelfare.gov/systemwide/laws_policies/statutes/define.pdf

Definitions of Child Abuse and Neglect http://www.childwelfare.gov
80 This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare
Information Gateway. Available online at http://www.childwelfare.gov/systemwide/ ... define.cfm
Texas
Physical Abuse
Citation: Fam. Code § 261.001
‘Abuse’ means the following acts or omissions by a person:
• Physical injury that results in substantial harm to the child or the genuine threat of substantial harm from physical
injury to the child, including an injury that is at variance with the history or explanation given and excluding
an accident or reasonable discipline by a parent, guardian, or conservator that does not expose the child to a
substantial risk of harm
• Failure to make a reasonable effort to prevent an action by another person that results in physical injury or
substantial harm to the child
• The current use by a person of a controlled substance in a manner or to the extent that the use results in physical,
mental, or emotional injury to a child
• Causing, expressly permitting, or encouraging a child to use a controlled substance
Neglect
Citation: Fam. Code § 261.001
‘Neglect’ means the following acts or omissions by a person:
• Placing a child in, or failing to remove a child from, a situation that a reasonable person would realize requires
judgment or actions beyond the child’s level of maturity, physical condition, or mental abilities and that results in
bodily injury or a substantial risk of immediate harm to the child
• Failing to seek, obtain, or follow through with medical care for a child, with the failure resulting in or presenting a
substantial risk of death, disfigurement, or bodily injury, or with the failure resulting in an observable and material
impairment to the growth, development, or functioning of the child
• Failing to provide a child with food, clothing, or shelter necessary to sustain the life or health of the child,
excluding failure caused primarily by financial inability unless relief services had been offered and refused
• Placing a child in, or failing to remove the child from, a situation in which the child would be exposed to a
substantial risk of sexual conduct harmful to the child
• Placing a child in, or failing to remove the child from, a situation in which the child would be exposed to acts or
omissions that constitute sexual abuse
• The failure by the person responsible for a child’s care, custody, or welfare to permit the child to return to the
child’s home without arranging for the necessary care for the child after the child has been absent from the home
for any reason, including having been in residential placement or having run away
Sexual Abuse/Exploitation
Citation: Fam. Code § 261.001
The term ‘abuse’ includes the following acts or omissions by a person:
• Sexual conduct harmful to a child’s mental, emotional, or physical welfare, including conduct that constitutes the
offense of indecency with a child, sexual assault, or aggravated sexual assault
• Failure to make a reasonable effort to prevent sexual conduct harmful to a child
• Compelling or encouraging a child to engage in sexual conduct
• Causing, permitting, encouraging, engaging in, or allowing the photographing, filming, or depicting of a child if
the person knew or should have known that the resulting photograph, film, or depiction of the child is obscene or
pornographic
• Causing, permitting, encouraging, engaging in, or allowing a sexual performance by a child Definitions of Child Abuse and Neglect http://www.childwelfare.gov
81 This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare
Information Gateway. Available online at http://www.childwelfare.gov/systemwide/ ... define.cfm
Emotional Abuse
Citation: Fam. Code § 261.001
The term ‘abuse’ includes the following acts or omissions by a person:
• Mental or emotional injury to a child that results in an observable and material impairment in the child’s growth,
development, or psychological functioning
• Causing or permitting a child to be in a situation in which the child sustains a mental or emotional injury that
results in an observable and material impairment in the child’s growth, development, or psychological functioning
Abandonment
Citation: Fam. Code § 261.001
The term ‘neglect’ includes leaving a child in a situation where the child would be exposed to a substantial risk of
physical or mental harm, without arranging for necessary care for the child, and the demonstration of intent not to return
by a parent, guardian, or conservator of the child.
Standards for Reporting
Citation: Fam. Code § 261.101
A report is required when there is cause to believe that the child’s physical or mental health has been adversely affected
by abuse or neglect.
Persons Responsible for the Child
Citation: Fam. Code § 261.001
‘Person responsible for a child’s care, custody, or welfare’ means a person who traditionally is responsible for a child’s
care, custody, or welfare, including:
• A parent, guardian, conservator, or foster parent of the child
• A member of the child’s family or household, meaning persons living together in the same dwelling, without
regard to whether they are related to each other, and includes persons who previously lived in the household
• A person with whom the child’s parent cohabits
• School personnel or a volunteer at the child’s school
• Personnel or a volunteer at a public or private child care facility that provides services for the child or at a public or
private residential institution or facility where the child resides
Exceptions
Citation: Fam. Code § 261.001
Abuse does not include reasonable discipline by a parent that does not expose the child to substantial risk of harm.

[family_man]

I don't think you are wrong to be wary of ECI. If they come into your home and find anything they feel is "dangerous" to your child, they WILL report you to CPS. However, if you are able to afford private PT services for your child, maybe through insurance, nobody will be able to claim that you "medically neglected" your child on this account.

[rakhel]

We used EI during our Trial Discharge. we actually had two different therapists coming in due to our first son's disablitiy.
One came for 4 hours a day 5 days a week and the other came 2 hours a week.
I guess we lucked out with the ABA therapist. He used to work in the CPS/foster care system and disagreed with how they operated. Saw no problem with my housekeeping skills, or as some CW's saw it, my lack of "proper" housekeeping. He even wrote a letter to the court in our favor.
It really depends on the EI worker on how they will react to you, your household and the care rof your children.

[rakhel]

Something my husband reminded me of concerning EI. In sone cities you can have the therapy done at the center. Aslo, you don't have to stay with the same therapist. If that therapist is doing something you don't like you can request a change. You do have some control.

[treytrey1]

We had ours done at the center. I had too much going on at home with the other children to have them come there.

[LindaJM]

Sounds like it might be a good solution. Don't be too paranoid but it is good to be cautious and watch what's going on. I had a child with problems and had to seek help outside the home; it was slightly worrisome, but necessary. Do what's best for your child.