California Code of Regulations
Title 9 - Rehabilitative and Developmental Services
Division 3 - Department of Rehabilitation
Chapter 1 - Definitions and Terms
Section 7004.6 - Clear and Convincing Evidence
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) With respect to the determination of eligibility, "Clear and Convincing Evidence" means a high degree of certainty before it can be concluded that, due to the severity of the individual's disability, the individual is incapable of benefiting from vocational rehabilitation services in terms of an employment outcome in a competitive integrated employment setting.
(b) Clear and convincing evidence may include a description of assessments, including situational assessments and supported employment assessments, from service providers who have concluded that they would be unable to meet the individual's needs due to the severity of the individual's disability.
(c) The demonstration of clear and convincing evidence must include, if appropriate, a functional assessment of skill development activities, with any necessary supports (including assistive technology), in real life settings.
1. New section
filed 6-6-94 as an emergency; operative 6-6-94 (Register 94, No. 23). A Certificate
of Compliance must be transmitted to OAL by 10-4-94 or emergency language will be
repealed by operation of law on the following day.
2. Certificate of
Compliance as to 6-6-94 order transmitted to OAL 8-30-94 and filed 10-13-94
(Register 94, No. 41).
3. Amendment of section and NOTE filed 3-4-2004;
operative 4-3-2004 (Register 2004, No. 10).
4. Amendment of subsection
(a) and NOTE filed 2-17-2023; operative 2-17-2023 pursuant to Government Code
section
11343.4(b)(3)
(Register 2023, No. 7).
Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: 29 USC 722; 34 CFR 361.42; and Sections 19011 and 19103(b), Welfare and Institutions Code.
