EIDT providers generally **cannot** refuse to enroll or serve a child solely because the child has behavioral health (BH) needs. Doing so could constitute disability-based discrimination under the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, and potentially Medicaid non-discrimination requirements.

What providers can and should do:
– **Request a behavioral support plan or assessment** before or during enrollment to understand the child’s needs and ensure the program can provide appropriate support.
– **Work with the PASSE care coordinator** to obtain additional behavioral health resources (e.g., BCBA consultation, behavioral therapy).
– **Document the program’s capacity**: If a child’s behavioral needs genuinely exceed what the program can safely accommodate despite reasonable modifications, work with DHS and the family to facilitate an appropriate referral.
– **Consult with DDS/DHS** before denying services to a child based on behavioral needs — get guidance in writing.

Providers should not deny services based on a BH diagnosis alone. The question should always be whether, with reasonable support and modifications, the program can safely serve the child.