California Code of Regulations
Title 9 - Rehabilitative and Developmental Services
Division 3 - Department of Rehabilitation
Chapter 2 - Referral and Application Processes; Order of Selection; Eligibility; Record of Services; Individualized Plan for Employment (IPE)
Article 5 - The Individualized Plan for Employment (IPE)
Section 7136.7 - Self-Employment; Assessment of Personal Attributes

Universal Citation: 9 CA Code of Regs 7136.7

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) To assess whether working in the proposed self-employment setting is consistent with the eligible individual's personal attributes, including the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice as specified in Section 7136.6(b)(1) of these regulations, the Department and the individual shall, as appropriate:

(1) Conduct an exploration of the individual's personal skills and abilities that are necessary for success in a self-employment setting, including decision-making and planning skills, initiative and entrepreneurial abilities, organizational skills, interpersonal skills, ability to communicate, ability to follow through, and ability to work independently;

(2) Review the individual's technical knowledge, experience and education that are necessary for success in a self-employment setting, including training or experience in areas necessary for the operation of the small business, such as marketing, office management, time management, inventory control, and bookkeeping; and

(3) Review the individual's financial history and credit record to assure the individual has appropriate money management skills, is able to obtain credit necessary for the proposed small business, and is able to protect assets of the business from claims of existing creditors.

(b) The assessment of the individual's skills, aptitudes and interests in relation to the proposed self-employment setting shall include the use of at least one of the following: self-assessment tests, web resources such as those available through the Small Business Administration, and participation in self-employment workshops or seminars.

(c) The individual's participation in and completion of his or her responsibilities in the vocational rehabilitation process shall also be considered in assessing whether working in a self-employment setting is consistent with the individual's personal attributes.

(d) To the extent that the assessment identifies that the eligible individual needs additional training or experience to be employed in the proposed self-employment setting, the Rehabilitation Counselor (RC) and the individual shall consider whether vocational rehabilitation services can assist the individual to obtain the necessary training or experience. If such services are available, the Individualized Plan for Employment (IPE) shall identify, or shall be amended to identify, such services.

(e) If it is determined after assessment that working in the proposed self-employment setting is not consistent with the individual's personal attributes, including the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice, the RC and the individual shall discuss alternative employment settings, and the IPE shall be developed, or amended, consistent with Section 7136.5(g) of these regulations.

1. New section filed 2-28-2008; operative 3-29-2008 (Register 2008, No. 9).

Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: 29 USC Sections 705(2)(B), 705(11), 720(a)(2), 720(a)(3), 721(a)(19), 722(b), 722(d), 723(a); 34 CFR Sections 361.5(b)(6)(ii), 361.5(b)(15), 361.5(b)(16), 361.45, 361.46, 361.48, 361.50 and 361.52; and Section 19011, Welfare and Institutions Code.

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