Hawaii Administrative Rules
Title 17 - DEPARTMENT OF HUMAN SERVICES
Department of Human Services
Chapter 401.1 - VOCATIONAL REHABILITATION SERVICES
Section 17-401.1-31 - Supported employment services
Universal Citation: HI Admin Rules 17-401.1-31
Current through November, 2024
(a) Supported employment services means ongoing support services and other appropriate services needed to support and maintain an individual with a most significant disability in supported employment.
(1)
Supported employment means:
(A) Competitive
employment in an integrated setting, or employment in integrated work settings
in which individuals are working toward competitive employment, consistent with
their strengths, resources, priorities, concerns, abilities, capabilities,
interests, and informed choice with ongoing support services for those with the
most significant disabilities:
(i) For whom
competitive employment has not traditionally occurred or for whom competitive
employment has been interrupted or intermittent as a result of a significant
disability; and
(ii) Who, because
of the nature and severity of the disabilities, need intensive supported
employment services from the division and extended services after transition to
perform this work; or
(B) Transitional employment, as defined in
section 17-401.1-2, for individuals with the most significant disabilities due
to mental illness.
(2)
Ongoing support services as used in this section:
(A) Means services that are:
(i) Needed to support and maintain an
individual with a most significant disability in supported
employment;
(ii) Identified based
on a determination by the division of the individual's needs as specified in an
IPE; and
(iii) Furnished by the
division from the time of job placement until transition to extended services,
unless post-employment services are provided following transition, and
thereafter by one or more extended services providers through the individual's
term of employment in a particular job placement or multiple placements if
those placements are being provided under a program of transitional
employment.
(B) Must
include an assessment of employment stability and provision of specific
services or the coordination of services at or away from the worksite that are
needed to maintain stability based on:
(i) At
a minimum, twice monthly monitoring at the worksite of each individual in
supported employment; or
(ii) If
under special circumstances, especially at the request of the individual, the
IPE provides for off-site monitoring, twice-monthly meetings with the
individual.
(C) Consists
of:
(i) Any particularized assessment
supplementary to the comprehensive assessment of rehabilitation needs described
in section 17-401.1-10(b) (3);
(ii)
The provision of skilled job trainers who accompany the individual for
intensive job skill training at the worksite;
(iii) Job development and training;
(iv) Social skills training;
(v) Regular observation or supervision of the
individual;
(vi) Follow-up services
including regular contacts with the employers, the individuals, the parents,
family members, guardians, advocates or authorized representatives of the
individuals, and other suitable professional and informed advisors, in order to
reinforce and stabilize the job placement;
(vii) Facilitation of natural supports at the
worksite; and
(viii) Any other
service identified in the scope of VR services for individuals, described in
section 17-401.1-6; or
(ix) Any
services similar to the foregoing services.
(3) Extended services as used in this section
means ongoing support services and other appropriate services:
(A) That are needed to support and maintain
an individual with a most significant disability in supported employment;
and
(B) That are provided by a
state agency, a private nonprofit organization, employer, or any other
appropriate resource, from funds other than funds received under 34 C.F.R.
parts 361, 363, 376, or 380, after an individual with a most significant
disability has made the transition from support provided by the
division.
(4)
Competitive employment means work:
(A) In the
competitive labor market that is performed on a full-time or part-time basis in
an integrated setting; and
(B) For
which an individual is compensated at or above the minimum wage, but not less
than the customary wage and level of benefits paid by the employer for the same
or similar work performed by individuals who are not disabled.
(b) In areas where supported employment programs are available, persons with the most significant disabilities shall be considered for competitive employment through this program. Supported employment services shall be consistent with the needs of the individual and, as appropriate, the individual's informed choice in accordance with section 17-401.1-12.
(1) An
individual shall be determined eligible for supported employment services by
the division if:
(A) The individual is
eligible for VR services in accordance with section 17-401.1-7;
(B) The individual is determined to be an
individual with the most significant disability in accordance with section
17-401.1-7;
(C) The individual is
one for whom competitive employment has not traditionally occurred, or for whom
competitive employment has been interrupted or intermittent as a result of a
most significant disability; and
(D) The individual requires ongoing supported
employment services or extended services in order to perform such
work.
(2) The division
shall certify an individual's eligibility for supported employment services as
an addendum to the certification of eligibility for VR services. The
certification addendum shall explain, describe, or show how the conditions of
paragraph (b)(1) are met.
(c) Supported employment services shall be provided by the division:
(1) For a period of
time not to exceed 18 months, unless under special circumstances the eligible
individual and the VR counselor jointly agree to extend the time to achieve the
employment outcome identified in the IPE; and
(2) Following transition, as post-employment
services that are unavailable from an extended services provider and that are
necessary to maintain or regain the job placement or advance in
employment.
(d) Supported employment services are subject to the use of comparable services and benefits provisions of section 17-401.1-13, and the use of personal resources (financial needs test) provisions of section 17-401.1-14.
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