(1) A child from birth to 3 years of age residing in a family unit, along with the child's family, are eligible for federally funded Part H family education and support services if the child has a diagnosed physical or mental condition that has a high probability of resulting in developmental delay, even though the delay may not exist at the time of diagnosis, or the child is experiencing developmental delays in one or more of the areas listed in (1) (b) .

(a) A diagnosed physical or mental condition that has a high probability of resulting in a developmental disability includes sensory impairments, inborn errors of metabolism, microcephaly, fetal alcohol syndrome, epilepsy, down's syndrome or other chromosomal abnormalities.

(b) A developmental delay includes delays in cognitive development, physical development, including vision and hearing, communication development, social or emotional development or adaptive development.

(c) The criteria to be used in determining a child's eligibility as a result of developmental delay include a minimum of a 50% delay in any one of the developmental areas listed in (1) (b) or a 25% delay in 2 or more of the developmental areas listed in (1) (b) .

(2) Developmental delay must be measured by appropriate diagnostic instruments and procedures. Informed clinical opinion must be used in determining eligibility for services as a result of developmental delay if there are no standardized measures, or the standardized measures and procedures available are not appropriate for a given age or developmental level.

(3) Eligibility for federally funded Part H family education and support services is determined by the contractor at the time of application for services to the contractor.