Current through Supplement No. 394, October, 2024
An individualized plan for employment is developed for all
individuals who are determined eligible for vocational rehabilitation.
1. Prior to developing the individualized
plan for employment, the division must give the individual a written copy of
the options for developing the plan.
2. The individualized plan for employment may
be developed by the individual alone or by the individual with assistance from
the division or other parties.
3.
The individualized plan must be agreed to and signed by the individual or the
individual's authorized representative and approved and signed by a qualified
rehabilitation professional employed by the division.
4. The individualized plan for employment for
eligible individuals must be developed and approved within ninety days from the
date of determination of their eligibility for service.
5. The individualized plan for employment is
designed to assist the individual's achievement of the vocational goal,
consistent with the unique strengths, resources, priorities, concerns,
abilities, capabilities, interests, and informed choice of the individual. The
record of service must support the selection of the vocational goal.
6. Counselors shall provide a copy of the
individualized plan for employment, and any amendments, to the
individual.
7. With the exception
of assessment services, the division may provide goods and services only in
accord with the individualized plan for employment.
8. The individualized plan for employment is
not a legal contract.
9. The
division must review the individualized plan for employment at least annually
in the same manner as it was originally developed and described in subsection
3.
10. The division must include in
the individualized plan for employment:
a. A
specific employment outcome in an integrated setting, which must be consistent
with the unique strengths, resources, priorities, concerns, abilities,
capabilities, interests, and informed choice of the individual; and
b. The specific services to be provided and
the projected dates for initiation and anticipated duration of each service,
including:
(1) If appropriate, a statement of
the specific assistive technology services;
(2) If appropriate, a statement of the
specific on-the-job and related personal assistance services, and, the
individual's appropriate and desired training in managing, supervising, and
directing personal assistance services;
(3) An assessment of the need for
postemployment services and, if appropriate, extended services;
(4) The terms and conditions under which
goods and services are to be provided in the most integrated
settings;
(5) The terms and
conditions for the provision of services, including the individual's:
(a) Responsibilities and the division's
responsibilities;
(b) Participation
in the cost of services; and
(c)
Access to comparable services and benefits under any other program;
(6) An assurance that the
individual with disabilities was informed of:
(a) The availability of services through the
client assistance program;
(b) The
individual's rights, means of expression, and remedies for any dissatisfaction,
including the individual's right to request mediation; and
(c) The opportunity for review of a
determination by the division regarding terms of the individualized plan for
employment, as set forth in section 75-08-01-37;
(7) Information identifying services and
benefits from other programs to enhance the capacity of the individual to
achieve the individual's vocational goal;
(8) A reassessment of the need for
postemployment services, or extended services prior to the point of successful
closure; and
(9) If appropriate,
any plans for the provision of postemployment services and the basis on which
the plans are developed.
11. For an individual with a most significant
disability for whom supported employment services are appropriate, in addition
to the requirements in subsection 10, the following must be addressed:
a. A description of time-limited services
that the division provides, not to exceed twenty-four months in duration,
unless the individualized plan for employment documents a longer period to
achieve job stabilization; and
b. A
description of the extended services necessary and identification of the state,
federal, or private programs, which may include natural supports, that provide
the extended support, or, to the extent that is not possible at the time the
individualized plan for employment is written, a statement describing the basis
for concluding that there is a reasonable expectation that those sources will
become available.
General Authority: NDCC
50-06-16,
50-06.1
Law Implemented: NDCC
50-06.1-02
