Ask Roy
Parents ask me things. A lot of things. Some I know. Some I had to learn the hard way. Here's what I've learned from listening, and what keeps coming up again and again. Questions are published anonymously only if answered. Don't use your child's real name. No personal details.
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What is BabyNet and how do I get my child evaluated?
BabyNet is South Carolina's Early Intervention program under federal law (IDEA Part C). It serves kids birth to three with developmental delays or conditions likely to cause delays. Evaluations are free, and you don't need a doctor's referral.
Call the Central Referral Team at 1-866-512-8881 or fill out an online referral at babynet.sc.gov. Anyone can refer a child, including parents. If your child qualifies, BabyNet provides free or low-cost services like speech, occupational, and physical therapy.
Citation: SCDHHS BabyNet program (babynet.sc.gov); IDEA Part C
Do I need a doctor's referral to get my child evaluated through BabyNet?
No. Any parent, caregiver, friend, or doctor can refer a child to BabyNet. You can refer your own child. You don't need a diagnosis first, and you don't need permission from your pediatrician.
That's the whole point of the early-referral system: catch things early, even if nobody's put a name on it yet. Call 1-866-512-8881 and say "I want my kid evaluated." They'll take it from there.
Citation: SCDHHS BabyNet for Families; 34 CFR 303.303 (referral procedures)
What's the deal with South Carolina's Medicaid waivers? How long are the waitlists?
South Carolina runs three Medicaid waivers for people with intellectual/developmental disabilities:
- Intellectual Disability/Related Disabilities (ID/RD) Waiver: Has a waitlist
- Community Supports Waiver: Has a waitlist (serves people with lower support needs)
- Head and Spinal Cord Injury (HASCI) Waiver: No waitlist currently
These waivers let people get services at home instead of in institutions. The bad news: if your child needs ID/RD or Community Supports, you're on a list. The less-bad news: you can apply now even if there's a waitlist, and you get on it.
Contact SC DDSN (ddsn.sc.gov) to apply. Ask about your wait time specifically.
Citation: SC DDSN Waiver Administration Division; Medicaid Waiver Overview
What is Ryan's Law and how does it help my autistic kid?
Ryan's Law is South Carolina's insurance mandate for autism. It requires most health plans to cover up to $50,000 per year for autism-related behavioral therapy (like ABA) for kids diagnosed with autism by age 8, through age 16.
The law also prevents insurers from refusing coverage or denying medical care to a child solely because the child is autistic.
The catch: Ryan's Law doesn't apply to self-insured plans (common in big companies) or employers with fewer than 51 employees. Check your plan's summary documents or call your insurance company and ask specifically about autism coverage limits.
Citation: South Carolina Code of Laws 38-99-10 (Ryan's Law); SCDHHS behavioral health coverage
My family makes too much for SSI but not enough for private therapy. What's TEFRA?
TEFRA (Tax Equity and Fiscal Responsibility Act) is a federal program, and South Carolina's version is called "Katie Beckett Medicaid." It lets kids with disabilities qualify for Medicaid based on the child's own income and resources, not the parents' income.
This is a game-changer: your household income doesn't matter. Only the child's income counts, and most kids have little to no income. If your child qualifies as disabled under SSI rules and needs institutional-level care, you can apply.
IMPORTANT: if your child gets SSI, they can't also get TEFRA. You pick one.
Apply through SC DHHS at scdhhs.gov. Call or visit your local county benefits office.
Citation: South Carolina TEFRA/Katie Beckett program; 42 USC 1396a(r)
Where do I find help understanding my legal rights in South Carolina?
South Carolina's Parent Training and Information center is Family Connection of South Carolina.
They're funded federally (IDEA) to help parents understand special education, health care, and disability benefits. Free. No copays. They answer questions, run workshops, help with IEP meetings.
Phone: 803-252-0914 or 1-800-578-8750
Email: info@FamilyConnectionSC.org
Spanish: 888-808-7462
Website: familyconnectionsc.org
They cover all 46 SC counties and serve kids birth through 26.
Citation: IDEA Part D, Section 682 (Parent Training and Information centers)
I live in South Carolina and insurance denied my kid's speech therapy. What do I do?
Don't give up. Speech therapy denials are among the most successfully appealed insurance claims.
Step 1: Read the denial letter carefully. It will say why they denied it.
Step 2: Get a letter from your child's speech-language pathologist explaining why the therapy is medically necessary. Specific, individualized. Not generic.
Step 3: File a written internal appeal. Send it certified mail or electronically (keep proof).
Step 4: If the internal appeal fails, request an external review from an independent organization.
Step 5: If all else fails, file a complaint with the South Carolina Department of Insurance.
You have 180 days from the denial to file an appeal. Also check: if your child gets Medicaid (Healthy Connections), speech therapy is covered under EPSDT at no cost, regardless of what insurance says.
Citation: ACA appeals process; South Carolina insurance complaint procedures; Medicaid EPSDT (Early and Periodic Screening, Diagnostic, and Treatment)
In South Carolina, when does Early Intervention end and school take over?
BabyNet (Early Intervention) serves kids birth to three. The day after your child turns three, BabyNet ends. That's when school takes over.
Before the third birthday, you need to start the process for school-based services. Request an evaluation from your school district in writing before age 3. They have 60 days to evaluate, and if your child qualifies, school services (IEP) start on the third birthday or shortly after.
This transition is critical. Don't assume services just transfer over. Ask your BabyNet coordinator to help coordinate with the school. Get it on paper.
Citation: IDEA Part C to Part B transition requirements (34 CFR 303.209)
The school says they don't think my child needs an evaluation. What are my legal rights?
The school is wrong. If you suspect your child has a disability, you have the right to request an evaluation in writing. They have to say yes or no in writing. No evaluation = prior written notice (PWN) explaining why. If you disagree with the PWN, you can request a due process hearing.
What to do: Email the principal and special education director: "I request a comprehensive evaluation for [child]. Please respond in writing within 15 days." Keep that email.
Schools sometimes say "let's wait and see" to avoid the cost. Doesn't matter. You have the right. If they still refuse, contact your state's disability rights office or ask Family Connection (SC) to help you file for due process.
Citation: IDEA Part B, 34 CFR 300.301 (initial evaluations)
We make too much for SSI. Is there anything else available?
Yes. Multiple things.
ABLE accounts: Tax-advantaged savings accounts for people with disabilities that allow you to save money for disability-related expenses without affecting SSI and Medicaid eligibility. The annual contribution limit and rules change year to year. Check ablenrc.org for current limits and details.
TEFRA/Katie Beckett: As mentioned above, income doesn't count if structured right.
Medicaid work incentives: Even if your child doesn't get SSI, they might qualify for Medicaid in your state if they work. Check your state's options.
Section 504 plans: Your kid might qualify for free school accommodations and services even without SSI.
Tax credits: Dependent exemption, child care credits, adoption tax credit (if applicable).
Talk to a disability-focused tax professional or your state's Protection and Advocacy agency. There's usually more than you think.
Citation: ABLE Act (26 USC 529A); IDEA Section 504; Medicaid work incentives (expedited reinstatement, Plan to Achieve Self-Support)
My kid turned 18. What changes with SSI and the IEP?
Lots. Your rights as a parent transfer to your child. Legally, they're now an adult.
SSI: The SSA will do a new age-18 redetermination. They'll look at your kid's own income and resources (not yours anymore). If your family's income kept them off SSI before, they might qualify now.
IEP: Your child still has special education rights through age 21, but the school talks to them now, not you. Unless you've been appointed guardian or get limited power of attorney, you have no say anymore without your kid's permission.
Medicaid: In many states, if the child wasn't eligible before (due to family income), they can reapply at 18 based on their own income. Call Medicaid.
At age 16, the IEP should include a "transfer of rights" notice. Read it. Talk to your kid. Consider whether guardianship or power of attorney makes sense for you both.
Citation: IDEA 34 CFR 300.520 (rights transfer); 42 USC 1382c (SSI age-18 redetermination)
How long does an IEP evaluation actually take?
Federally, the school has 60 calendar days from the date you give written consent to the evaluation plan to complete the evaluation and give you the results and eligibility decision (34 CFR 300.301). Note the gap: you request evaluation, the school sends you an evaluation plan, you sign and return it. That's when the 60-day clock starts, not when you first asked. Some states say 45 days. Check your state.
In practice: schools often take the full 60 days or more. Don't be shy about following up at day 45 and asking for an update.
If you request an Independent Educational Evaluation (IEE) because you disagree with the school's results, you have the right to one at public expense (within reasonable limits). That IEE has its own timeline, usually 30-60 days depending on the evaluator.
Write down the date you requested it. Write down the date you got results. Keep those dates.
Citation: IDEA 34 CFR 300.301 (evaluation timeline); 34 CFR 300.303