Current through 2024-38, September 18, 2024
The counselor shall close an individual's case record at any
time in the DBVI VR process when it is determined that the individual is no
longer eligible, is unavailable for diagnostic or planned services, chooses not
to participate, or is rehabilitated.
1.
Ineligibility
A. The person has no visual impairment or
substantial impediment to employment, or the individual does not require DBVI
VR services to achieve an employment outcome, or is unwilling to consider
employment in an integrated setting.
Requires:
(1)
Opportunity for the individual's or his/her representative's participation in
closuredecision;
(2) Written
notification of closure decision;
(a) Written
notification of appeal rights, including the name and address ofthe person with
whom an appeal may be filed, and of the availability of the Client Assistance
Program;
(b) IPE amendment, if
appropriate;
(c) Certification of
ineligibility in case record that documents the reasons for closure and is
dated and signed by the counselor;
(d) Referral to other agencies and community
rehabilitation programs, as appropriate.
B. There is clear and convincing evidence
after trial work experiences that the individual with a visual impairment is
incapable of benefiting from DBVI VR services in terms of achieving an
employment outcome in an integrated setting for which an individual is
compensated at or above minimum wage.
Requires:
(1)
Opportunity for the individual's or his/her representative's participation in
closure decision;
(2) Written
notification of closure decision;
(3) Written notification of appeal rights,
including the name and address of the person with whom an appeal may be filed,
and of the availability of the Client Assistance Program;
(4) IPE amendment, if appropriate;
(5) Review of the ineligibility determination
within twelve (12) months. A review is not required in situations where the
individual refuses 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;
(6)
Certification of ineligibility in the case record that documents the reasons
for closure and is dated and signed by the counselor.
(7) Referral to other agencies and community
rehabilitation programs, as appropriate.
2.
Closure for Reasons other than
Ineligibility
A.
Individual is
Unavailable
The counselor may close a case when an individual is
unavailable during an extended period of time for an assessment for determining
eligibility and vocational rehabilitation needs, or to participate in planned
vocational rehabilitation services, and the counselor has made repeated efforts
to contact the individual and to encourage the individual's
participation.
Requires:
(1)
Rationale for closure documented in the case record;
(2) Written notification to client;
(3) Written notification of appeal rights,
including the name and address of the person with whom an appeal may be filed
and the availability of the Client Assistance Program;
(4) IPE amendment, when appropriate
B.
Individual Refuses to
Cooperate or Participate
The counselor may close an applicant or eligible client when
there is sufficient evidence to conclude that the individual refuses to
cooperate or to participate in an assessment for determining eligibility and
rehabilitation needs or planned services that can be demonstrated to be
critical to success after reasonable efforts have been made to encourage
cooperation or participation.
Requires:
(1)
Rationale for closure documented in the case record;
(2) Written notification to client;
(3) Written notification of appeal rights,
including the name and address of
(4) the person with whom an appeal may be
filed and the availability of the Client Assistance Program;
(5) IPE amendment, when
appropriate.
C.
Individual needs supported-employment and extended support services are
not available
The counselor may close an applicant or eligible client who
needs extended supports to become competitively employed, when it becomes
apparent that extended supports will not be available. All options, such as
agency funding from Department of Health and Human Services, The Bureau of
Rehabilitation Services' Basic or Brain Injury Extended Support Programs,
natural supports, etc., must be first explored.
Additionally, for youth with a disability through the age of
24 who have satisfied the requirements below for case closure in achieving an
employment outcome and need continued support, but are no longer eligible to
receive extended services or any other vocational rehabilitation service
provided by the VR agency with funds under Title I or the Supported Employment
program and the individual no longer meets age requirements or has received
extended services for a period of four years, the counselor may close the
client unless an extension of support services has been jointly agreed by the
client and the counselor.
Requires:
(1)
Rationale for closure documented in the case record;
(2) Written notification to client;
(3) Written notification of appeal rights,
including the name and address of the person with whom an appeal may be filed
and the availability of the Client Assistance Program;
(4) IPE amendment, when appropriate
3.
Closure of
Clients Who Have Achieved an Employment Outcome
A. In order to determine that a client has
achieved competitive integrated employment, the case record must document the
following:
(1) the provision of services
under the individual's IPE contributed to the achievement of the employment
outcome that is described in the individual's IPE;
(2) the employment outcome is consistent with
the individual's strengths, resources, priorities, concerns, abilities,
capabilities, interests, and informed choice as agreed upon in the individual's
IPE;
(3) the employment outcome is
in an integrated setting for which the individual is compensated at or above
minimum wage, consistent with the individual's informed choice as agreed upon
in the individual's IPE;
(4) the
individual has maintained the employment outcome for at least 90 days;
necessary to ensure the stability of the employment outcome and the individual
no longer needs vocational rehabilitation services.
(5) the individual and the rehabilitation
counselor consider the employment outcome to be satisfactory and agree that the
individual is performing well on the job;
(6) the individual is informed, through
appropriate modes of communication, including written notification, of the
availability of post-employment services
(7) Written notification of appeal rights,
including the name and address of the person with whom an appeal may be filed
and the availability of the Client Assistance Program;
4.
Closure of Clients in
Supported Employment
Clients have achieved a supported-employment out come when
the following conditions are met:
(1)
the individual has substantially met the goals and objectives of his/her
IPE;
(2) extended support services
are immediately available to preclude any interruption in the provision of the
ongoing support needed to maintain employment;
(3) the individual has maintained competitive
integrated employment for at least ninety (90) days after the transition to
extended services
(4) the
individual or representative and the rehabilitation counselor consider the
employment outcome to be satisfactory and agree that the individual is
performing well on the job;
(5) the
individual or representative is informed, through appropriate modes of
communication, including written notification, of the availability of
post-employment services; and
(6)
Written notification of appeal rights, including the name and address of the
person with whom an appeal may be filed and the availability of the Client
Assistance Program, is provided.
5.
Periodic Review of Unsuccessful
Closures from Extended Employment with Community Rehabilitation Providers and
Closures at Less than Minimum Wage
For all clients closed unsuccessfully in a non integrated
extended employment setting or those closed in an integrated setting in which
the individual is compensated at less than minimum wage, Maine DBVI must
conduct an annual review and reevaluation of the status of each individual for
two (2) years after closure (and thereafter, if requested by the individual or,
if appropriate, the individual's representative) to determine the interests,
priorities, and needs of the individual with respect to competitive integrated
employment or training in competitive integrated employment. This review must
include:
(1) input from the individual
or, if appropriate, the individual's representative, to determine the
interests, priorities, and needs of the individual for employment or training
for competitive integrated employment in the labor market;
(2) make maximum effort, including the
identification of vocational rehabilitation services, reasonable
accommodations, and other support services, to enable the eligible individual
to benefit from training in, or to be placed in competitive integrated
employment; and
(3) provide
services designed to promote movement from extended employment to competitive
integrated employment, including supported-employment, independent living, and
community participation.
