California Code of Regulations
Title 9 - Rehabilitative and Developmental Services
Division 3 - Department of Rehabilitation
Chapter 4 - Standards for Closing the Record of Services
Section 7181.1 - Mandatory Reviews After the Record of Services Has Been Closed

Universal Citation: 9 CA Code of Regs 7181.1

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

The purpose of this section is to specify circumstances under which the Department must conduct reviews after a record of services has been closed.

(a) The Department must conduct a semi-annual review and reevaluation for the first two years of such employment and annually thereafter, in accordance with the requirements in paragraph (b) of this section, for an individual with a disability:

(1) Who has a record of service, as described in Section 7122, as either an applicant or eligible individual under the vocational rehabilitation program; and

(2) Who has achieved employment in which the individual is compensated in accordance with Section 14(c) of the Fair Labor Standards Act; or

(3) Who is in extended employment, including those individuals whose record of service is closed while the individual is in extended employment on the basis that the individual is unable to achieve an employment outcome consistent with an individual's unique strengths, resources, priorities, concerns, abilities, capabilities, interests or that the individual made an informed choice to remain in extended employment.

(b) For each individual with a disability who meets the criteria in paragraph (a) of this section, the Department must--

(1) Semi-annually review and reevaluate the status of each individual for two years after the individual's record of services is closed (and annually thereafter) to determine the interests, priorities, and needs of the individual with respect to competitive integrated employment or training for competitive integrated employment;

(2) Enable the individual or, if appropriate, the individual's representative to provide input into the review and reevaluation and must document that input in the record of services with the individual's or, as appropriate, the individual's representative's signed acknowledgment that the review and reevaluation have been conducted; and

(3) Make maximum efforts, including identifying and providing vocational rehabilitation services, reasonable accommodations, and other necessary support services, to assist the individual in engaging in competitive integrated employment as defined in Section 7006.3.

(c) If the Department determines that an applicant is ineligible for vocational rehabilitation services, or determines that an eligible individual, whether or not the individual is receiving services under an Individualized Plan for Employment (IPE), is no longer eligible for services, and the determination is based on a finding that the individual is incapable of achieving an employment outcome, the Department shall review the ineligibility determination within 12 months of the decision and annually thereafter, if such review is requested by the individual or, if appropriate, by the individual's representative. This review need not be conducted in situations in which the individual has refused it, the individual is no longer present in the State, the individual's whereabouts are unknown, or the individual's medical condition is rapidly progressive or terminal.

1. New section filed 3-4-2004; operative 4-3-2004 (Register 2004, No. 10).
2. Amendment of subsection (a) filed 10-4-2011; operative 11-3-2011 (Register 2011, No. 40).
3. Amendment of section 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: 34 CFR Sections 361.5, 361.43, 361.47 and 361.55; and Section 19011, Welfare and Institutions Code.

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