Diagnosed Conditions and Atypical Development – Guidance for Wisconsin’s Birth to 3 Program (FINAL DRAFT1/6/04)

Children are found eligible for Wisconsin’s Birth to 3 Program because of:

The following information was prepared by the Birth to 3 Eligibility Work Group to give clarity to an evaluation team in determining a child’s eligibility for the Birth to 3 Program in Wisconsin.

A. Diagnosed Conditions:
Some children served by Wisconsin’s Birth to 3 Program are found eligible based on a diagnosed condition that has a high probability of resulting in a developmental delay. High probability implies that a clearly established case has been made for a developmental delay. In Wisconsin, “high probability” is defined as 50% or greater likelihood of delay.
Information regarding diagnosed conditions changes as medical advances and new information becomes available. For example, it was once believed that all children born with HIV or cocaine exposure would have a high probability of having developmental delays. Recent research and experience has described different outcomes for these children.
Research is a dynamic process and reflects medical and intervention advancements. As a result the eligibility work group has developed a list of diagnosed conditions that is based on the best thinking and research in 2003. The list is based on a) a review of other states’ lists of diagnosed conditions, b) input from physicians with expertise in genetics, neonatology, and development and c) a review of published literature.
See Chart 1 for a listing of the current conditions that conform to the 50% or greater probability guideline. A diagnosis of one of these conditions would mean a child is eligible for Birth to 3 regardless of their current development functioning. Information about the child’s developmental status, however, is needed to develop an Individualized Family Service Plan. This list is definitive in that the conditions listed in Chart 1 have a 50% or greater probability of resulting in delay, but it is not inclusive as there may be other conditions that will be added.

B. Developmental Delay:
It is not necessary to have a diagnosed condition to be eligible for the Birth to 3 Program. In fact, the majority of children served in Wisconsin’s Birth to 3 Program are eligible because of developmental delays (25% or –1.3 standard deviation below the mean) in at least one of the following five areas of development: cognitive, communication, motor, self-help/adaptive, and social emotional.
Research suggests that there are numerous diagnosed conditions that do not have a high probability of resulting in developmental delay. Clearly, there are some diagnosed conditions such as neurofibromatosis and torticollis, for which there is not evidence that a developmental delay will result. This means that these conditions in and of themselves do not point toward eligibility for early intervention; however, there may be other circumstances in the child’s life (e.g., health status, family situations) that may influence the course of the child’s development. When developmental concerns exist concurrent with these diagnosed conditions, the child’s evaluation team would determine eligibility based on whether there is delayed or atypical development. (See Chart 2-I & II.)

C. Atypical Development:
In some instances a 25 % delay or a -1.3 SD below the mean may not exist, but in the opinion of the early intervention team, some aspect of the child’s development is atypical. The development may be unusual in its pattern and adversely affects the child’s overall development. Under these circumstances, the team substantiates their clinical opinion with observations, interpretations of test results, review of records, and parent reports to determine eligibility based on atypical development. Under these circumstances, it is the child’s atypical development, not a condition that leads to eligibility. (See Chart 2-III.)

Chart 1: Diagnosed Conditions
Examples of diagnosed conditions with a high probability (50% or more) of resulting in developmental delay are listed below. Please note that this is a definitive, but not an inclusive list.

1. Genetic

2. Perinatal

3. Neurological

4. Sensory

5. Physical

6. Social-emotional

Chart 2: Evaluate for Developmental Delay, including Atypical Development
This chart describes the five areas of development considered for determining a developmental delay and lists examples of diagnosed conditions and atypical behaviors that may bring a child to the Birth to 3 Program for consideration of eligibility. Children with these conditions or characteristics should be screened and/or evaluated for Birth to 3 eligibility based on concerns regarding their current developmental circumstances.

I. Developmental Delays
To conclude that a child is eligible, the early intervention team must document a 25% delay or development that is 1.3 standard deviation below the mean in one or more of the five developmental areas below.

  1. Cognitive development;
  2. Physical development, including vision and hearing;
  3. Communication development;
  4. Social and emotional development; and
  5. Adaptive development, including self-help skills

II. Diagnosed Conditions
The following diagnosed conditions do not have documented evidence of having a high probability of resulting in developmental delay. However, children with these conditions may have developmental delays or atypical behaviors that would result in their eligibility for the Birth to 3 Program. If the child has a condition not listed below in Chart 2 or previously in Chart 1, the early intervention team should investigate the probability of the condition resulting in delay.

1. Genetic (with increased risk for developmental delay)

2. Perinatal

3. Neurologic

4. Sensory

5. Physical

6. Social Emotional

III. Atypical Behavior The following examples describe circumstances under which a child may demonstrate atypical development that should be considered a developmental delay. When parents and others identify concerns in these areas, and test results approach, but do not demonstrate a delay (25% or -1.3 S.D.), alternative measures including observations and parent reports should be used to make an informed opinion about whether a child should be considered developmentally delayed.

1. Growth and Feeding
(e.g. severe growth delay, failure to thrive, feeding problems, gastrostomy for feeding)

2 Sensory and Regulatory
(chronic problems with sleep, attention, and/or eating; sensory processing disorders)

3. Chronic Illness/Medically Fragile
(differences in a child’s development that may result from an illness or treatment for an illness such as chronic heart disease, cystic fibrosis, technology dependent, hypothyroidism, cancer)

4. Social Emotional
(atypical social interaction with caregivers and peers, delays or differences in ability to communicate emotional needs or achieve expected emotional milestones such as pleasurable interest in adults and peers)

References: Information from these states’ early intervention program guidelines was used to assist in developing guidance for Wisconsin’s Birth to 3 Program: Georgia, New Mexico, New York, Rhode Island, Utah, and Virginia.

Wisconsin Birth to 3 Program


Determining Eligibility for Children with Hearing Loss


The process for determining eligibility for early intervention is the basis for determining eligibility for children with hearing loss. A child is eligible for early intervention services under the Birth to 3 Program if the evaluation conducted by the early intervention team determines that the child is developmentally delayed or that the child has a diagnosed physical or mental condition which will likely result in developmental delay. A determination of high probability that a child’s diagnosed condition will result in a developmental delay must be based upon the team’s informed clinical opinion supported by a physician’s report documenting the condition. High probability implies that a clearly established case has been made for a developmental delay.

Early intervention team members. Any early intervention team performing an evaluation must include a service coordinator and at least one member who has expertise in the assessment of both typical and atypical development and expertise in child development and program planning. Parents should be involved throughout the evaluation process. Members of the early intervention team must be from two different disciplines in the areas of the child’s suspected needs.
Therefore, for a child with a diagnosed hearing loss, one or more members of the early intervention team must be able to interpret audiological reports and understand the developmental impact of hearing loss.

Eligibility for a child with diagnosed hearing loss. The regulations for the Birth to 3 Program do not base eligibility on specific types or degree of hearing loss. There is no required decibel loss nor are children with unilateral hearing loss excluded.
Once a child with a diagnosed hearing loss is referred, the early intervention team needs to determine whether the child’s hearing loss is likely to result in a developmental delay. The team needs to consider factors such as the type and degree of the hearing loss, the presence of other conditions, and the potential effects of the hearing loss on the development of the child. The team should make use of the scientific evidence about the long-term developmental consequences of hearing loss in infants and toddlers. A child with a hearing loss does not need to demonstrate a developmental delay to be eligible for the Birth to 3 Program.
If the early intervention team determines that the child’s hearing loss is not predicted to result in developmental delay, they must offer to reconsider the child’s eligibility within 6 months. The early intervention team should also provide information about, and offer to refer the family to, community services that may benefit the child and family.

Wisconsin Department of Health and Family Services, Birth to 3 Program (2001)

Diagnosed Conditions and Atypical Development – Guidance for Wisconsin’s Birth to 3 Program


Developed by the Wisconsin Birth to 3 Program Eligibility Work Group, July 2003.

Committee Members

Medical Consultants