Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Any individual
with a disability who wishes to receive vocational rehabilitation services from the
Department is responsible for completing the application process in accordance with
the requirements of Section
7041 of these regulations.
(b) Any applicant or eligible individual, as
appropriate, shall have the responsibility to:
(1)
Participate and cooperate in obtaining and providing the information needed by the
Department to:
(A) Determine eligibility and
priority for services in accordance with Section
7062 of these regulations;
(B) Determine priority category for the purposes
of an Order of Selection in accordance with Section
7062.3 of these regulations;
(C) Determine whether the individual's chosen
employment outcome is consistent with the individual's strengths, resources,
priorities, concerns, abilities, capabilities, and interests;
(D) Determine the nature and scope of vocational
rehabilitation services to be included in the Individualized Plan for Employment
(IPE) in accordance with Section
7130.5 of these regulations;
and
(E) Make any other determinations
that are required by or consistent with federal or state statutes and
regulations.
(2) Be an active
and full partner in the vocational rehabilitation process and exercise informed
choice throughout the vocational rehabilitation process, with assistance from the
Rehabilitation Counselor as appropriate, by engaging in the following activities to
the extent possible:
(A) Gathering and evaluating
information and participating in planning and problem solving and decisions related
to the assessment process, selection of the employment outcome and settings in which
employment occurs, vocational rehabilitation services, service providers, settings
in which services will be provided, and methods for procuring services;
(B) Seeking or identifying needed
resources;
(C) Evaluating the
consequences of the various options;
(D)
Making decisions in ways that reflect the individual's strengths, resources,
priorities, concerns, abilities, capabilities, and interests; and
(E) Taking personal responsibility for
implementing the chosen options and achievement of the employment outcome the
individual selected.
(3)
Report any changes in circumstances that may affect:
(A) Eligibility for vocational rehabilitation
services;
(B) Priority category under an
Order of Selection;
(C) The services
and/or the employment outcome specified in the Individualized Plan for Employment
(IPE); and
(D) The Department's ability
to contact the individual.
(4)
Cooperate in the assessment process and in developing and meeting the objectives
identified in the IPE including, but not limited to, active participation,
reasonable effort, regular attendance at scheduled appointments and training, and
regular communication with the Rehabilitation Counselor regarding progress toward
achievement of the employment outcome. Failure to cooperate, make reasonable effort,
lack of regular attendance, or failure to maintain regular communication may result
in loss of further services and closure of the record of services.
(5) Participate in the cost of services under
conditions specified in Chapter 5, Article 1 of these regulations.
(6) Apply for, secure and use comparable services
and benefits to the extent to which the individual is eligible for such benefits in
accordance with Chapter 5, Article 3 of these regulations.
1. New section
filed 3-4-2004; operative 4-3-2004 (Register 2004, No. 10).
2. Amendment
of subsection (b)(1)(B) filed 5-31-2016; operative 7-1-2016 (Register 2016, No.
23).
Note: Authority cited: Sections
19006
and
19016,
Welfare and Institutions Code. Reference:
29 USC Sections
701(c),
720,
721(a)(5) and
(8) and
722;
34 CFR Sections
361.13,
361.36,
361.38,
361.41(b),
361.42,
361.45,
361.46,
361.48,
361.53 and
361.54; Section
1798.15, Civil Code; and Sections
19011,
19018,
19102
and
19150(b),
Welfare and Institutions Code.
