First 30 Days checklist
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The short answer
Print this and put it in your binder. Cross things off as you do them. Nobody is keeping score, and nothing here is late.
If you only do one thing, write down what you remember about the birth. That is the only item that gets harder with time.
The numbers, up front
- You can refer your own child
- A child under 3 with a suspected delay or a diagnosed condition is entitled to a free evaluation, referred by you, with no diagnosis needed 1
- Your right to the records
- Federal rules give you the right to your records and your child's, generally within 30 days, with one 30 day extension allowed 2
- Waiting lists
- Many state Medicaid waiver programs operate waiting lists, so the date you apply can matter more than whether you qualify today 3
Week 1: ask, and write it down
- Ask the team what they think happened, and when. Ask them to write the main points down.
- Ask what tests have been done and what they showed.
- Ask what they are watching for over the next few days.
- Ask whether the placenta was sent to pathology, and request that report. 4
- Ask what the cord blood gas results were, and write down the actual numbers.
- Write down what you remember about the labor, hour by hour.
- Start a binder with tabs for contacts, daily log, questions, medicines and results.
What I was told, and by whom
Week 2: request the records
- Request the mother's records. 2
- Request the baby's records, separately.
- Request from every facility, including prenatal care and any hospital your baby was transferred to.
- Name the fetal monitoring archive, the anesthesia record, the resuscitation record and the placental pathology report. They are stored separately.
- Ask for the fee in writing before they start. A search or retrieval fee is not permitted. 2
- Keep a dated copy of everything you send.
Date requested / facility / date they must respond by
Week 3: get therapy started
- Refer your child to early intervention if they are under 3. You can do this yourself. 1
- Or write to your school district if they are 3 or over. 5
- Write down the referral date. The 45 day timeline starts then. 1
- Ask for a hearing assessment if your baby was in the NICU, had jaundice, or had an infection. 6
- Ask whether developmental follow-up has been arranged. 7
Referral date / who I spoke to / what they said
Week 4: money, deadlines and your own health
- Apply for your state's Medicaid waiver, and ask to be added to any waiting list today. 3
- Apply for SSI, even if you expect to be turned down. 8
- Ask whether your state has TEFRA or Katie Beckett. 9
- Open an ABLE account. 10
- Contact your Family-to-Family Health Information Center. 11
- Find out your filing deadline from an attorney licensed in your state. 12
- Book your own postpartum follow-up. 13
- Tell someone if you are struggling. 1-833-TLC-MAMA is free and open at all hours. 14
Applications made / date / reference number
What can wait
None of this has to happen in the first month.
- Deciding whether to talk to an attorney. Get the records first.
- Reading the whole record. You will read it better later.
- Researching every possible diagnosis.
- Decisions about school.
- Answering relatives.
Getting the records is not the same as deciding to sue. They are your child's medical history and you will need them for years, whatever else you decide. 2
Where these facts come from
- U.S. Government Publishing Office, Electronic Code of Federal Regulations. 34 CFR Part 303, Early Intervention Program for Infants and Toddlers with Disabilities. 2025. www.ecfr.gov/current/title-34/subtitle-B/chapter-III/part-30. Link checked September 3, 2026.
- U.S. Department of Health and Human Services, Office for Civil Rights. Individuals Right under HIPAA to Access their Health Information, 45 CFR 164.524. 2024. www.hhs.gov/hipaa/for-professionals/privacy/guidance/access/. Link checked September 3, 2026.
- Centers for Medicare and Medicaid Services, Medicaid.gov. Section 1915(c) Home and Community-Based Waivers. 2025. www.medicaid.gov/medicaid/home-community-based-services/auth. Link checked September 3, 2026.
- American College of Obstetricians and Gynecologists and American Academy of Pediatrics. Neonatal Encephalopathy and Neurologic Outcome, Second Edition. 2014. www.acog.org/clinical/clinical-guidance/task-force-report/ar. Link checked September 3, 2026.
- U.S. Department of Education. IDEA Part B, Assistance for Education of All Children with Disabilities. 2025. sites.ed.gov/idea/statute-chapter-33/subchapter-ii. Link checked September 3, 2026.
- CDC. Early Hearing Detection and Intervention (EHDI) Hearing Screening and Follow-up Survey. 2024. www.cdc.gov/hearing-loss-children/hearing-screening/index.ht. Link checked September 3, 2026.
- American Academy of Pediatrics, Pediatrics. Hospital Discharge of the High-Risk Neonate. 2008. publications.aap.org/pediatrics/article/122/5/1119. Link checked September 3, 2026.
- Social Security Administration. Benefits for Children with Disabilities. 2025. www.ssa.gov/pubs/EN-05-10026.pdf. Link checked September 3, 2026.
- Centers for Medicare and Medicaid Services, Medicaid.gov. Katie Beckett and TEFRA State Plan Option. 2025. www.medicaid.gov/medicaid/eligibility/index.html. Link checked September 3, 2026.
- ABLE National Resource Center. What are ABLE Accounts. 2025. www.ablenrc.org/what-is-able/what-are-able-accounts/. Link checked September 3, 2026.
- Family Voices. Family-to-Family Health Information Centers. 2025. familyvoices.org/affiliate-organizations/. Link checked September 3, 2026.
- American Bar Association. State Bar Association Directory. 2025. www.americanbar.org/groups/bar_services/resources/state-loca. Link checked September 3, 2026.
- American College of Obstetricians and Gynecologists. Committee Opinion 736, Optimizing Postpartum Care. 2018. www.acog.org/clinical/clinical-guidance/committee-opinion. Link checked September 3, 2026.
- Health Resources and Services Administration. National Maternal Mental Health Hotline. 2025. mchb.hrsa.gov/national-maternal-mental-health-hotline. Link checked September 3, 2026.