Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
151B.190, Chapter 387,
34
C.F.R. 361.42,
29 U.S.C. §
701 et seq.
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
151B.195 authorizes the Executive Director,
Office of Vocational Rehabilitation to promulgate administrative regulations
governing the services and administration of the Office of Vocational
Rehabilitation. This administrative regulation establishes the criteria for
admission to and discharge from the Carl D. Perkins Vocational Training
Center.
Section 1. Definitions.
(1) "Applicant" means an individual who has
signed a letter or document requesting vocational rehabilitation services and
for whom the following minimum information has been furnished: name and
address, disability, age and sex, date of referral, and source of
referral.
(2) "Director" means
Division Director of the Carl D. Perkins Vocational Training Center
(CDPVTC).
(3) "Discharge" means an
individual:
(a) Does not have a further CDPVTC
service provided; and
(b) Will be
transported to the home area.
(4) "Eligible individual" means an individual
who has been determined by an appropriate office staff member to meet the basic
conditions of eligibility for vocational rehabilitation services as defined in
34 C.F.R. Part 361.
Section
2. Admissions Policy.
(1) An
individual admitted to CDPVTC shall be an:
(a)
Applicant of the Office of Vocational Rehabilitation for whom an assessment is
needed prior to making an eligibility or ineligibility decision;
(b) Eligible individual of the Office of
Vocational Rehabilitation who requires services of the type provided by CDPVTC,
in order to benefit in terms of a competitive integrated employment
outcome.
(2) A prospect
for admission shall provide:
(a) A consent for
CDPVTC to provide emergency medical care signed by:
1. The individual; or
2. If the individual is a minor or a person
for whom the court has determined some form of guardianship or conservatorship
is necessary, the individual's parent or guardian, as appropriate, subject to
the limitations of KRS Chapter 387;
(b) An agreement assuming responsibility for
living arrangements upon the individual's discharge from CDPVTC by:
1. The individual; or
2. If the individual is a minor or a person
for whom the court has determined some form of guardianship or conservatorship
is necessary, the individual's parent or guardian, as appropriate, subject to
the limitations of KRS Chapter 387; and
(c) A description of each limitation that the
individual has in performing an activity of daily living.
(3) An individual shall not be admitted to a
CDPVTC program if there is evidence that a medical or behavioral condition
represents a direct threat to the health or safety of self or others. The
determination of whether a condition exists shall be made by a written opinion
from a CDPVTC professional with expertise concerning the identified condition,
based upon documentation submitted at referral, and other information the
professional shall gather as needed.
(4) If it is determined that the
documentation submitted indicates the possibility that the individual's medical
or behavioral condition represents a direct threat to self or others, the
CDPVTC admissions counselor shall select a CDPVTC professional with expertise
concerning the identified condition, and shall submit the documentation to that
professional for an opinion.
(5) If
the admissions counselor has requested an opinion from a CDPVTC professional,
the decision of the professional shall determine whether the individual shall
be admitted to CDPVTC during that referral. If the individual is referred at a
later time, a new opinion shall be submitted.
(6) The admissions counselor or the
admissions committee, as appropriate, shall, at the time that the individual is
accepted for CDPVTC services for evaluation or treatment and training,
establish a list of recommended services for the individual and make a referral
to the appropriate service area.
(7) If a decision is made to accept an
individual for admission, the individual shall be notified in writing of the
decision, and the date of admission, and a copy of that notification shall be
sent to the referral sources, as appropriate.
(8) The individual shall agree to and abide
by the terms of the signed Individualized Plan for Employment and the
Individualized Behavior Management Plan, as appropriate.
(9) If a decision is made not to admit an
applicant or eligible individual to CDPVTC, the referral source shall be
notified in writing of the decision with justification for that decision. The
applicant or eligible individual shall be notified in writing of the decision
with justification and informed of the availability of the Client Assistance
Program and the right to appeal.
(10) An applicant or eligible individual may
appeal the admissions decision. An appeal shall be pursuant to
781
KAR 1:010.
Section 3. Retention Policy. The decision to
provide further services after an individual has completed a CDPVTC program
shall be based upon:
(1)
(a) A further program shall be requested by
the referral source; or
(b) A
CDPVTC professional shall believe that the individual requires an additional
service; and
(2) The
availability of the program requested for the individual.
Section 4. Discharge Policy.
(1) An individual shall be voluntarily
discharged from the CDPVTC if:
(a) The
individual has completed a program of services, and is not qualified for
another CDPVTC program;
(b) The
individual does not desire further services from CDPVTC;
(c) The individual's medical condition
requires treatment away from the CDPVTC for an extended period of time;
or
(d) The individual wishes to
leave CDPVTC
(2) An
individual shall be involuntarily discharged from CDPVTC if:
(a) The individual fails to make progress in
the program of services and efforts to resolve the problem have been
unsuccessful;
(b) The individual is
no longer qualified for the program and no other needed program is available;
or
(c) The individual's behavioral
condition deteriorates to the point of direct threat to the safety of
others.
(3) An
individual shall be discharged from CDPVTC without prior notice if necessary to
prevent harm to a person or property, or to prevent serious disruption of a
CDPVTC program.
Section
5. Due Process.
(1) The
individual, or the parent or guardian if under eighteen (18) years of age or a
person for whom the court has determined some form of guardianship or
conservatorship is necessary, the referring counselor, or representative if
applicable, shall be notified in writing or other appropriate format of the
intent to discharge involuntarily with justification.
(2) The individual shall be given an
opportunity to present facts and views in rebuttal to the director or a
designee.
(3) The director or
designee shall notify the individual, in writing or other appropriate format,
with justification, of the involuntary discharge decision or of intent to
rescind the intent to discharge.
(4) At the time an applicant or eligible
individual is informed of the involuntary discharge decision, the individual
shall be also informed of the availability of the Client Assistance Program and
the right to appeal.
(5) An
applicant or eligible individual may appeal the discharge decision. An appeal
shall be pursuant to
781
KAR 1:010.
STATUTORY AUTHORITY:
KRS
151B.185,
151B.195