Current through all regulations passed and filed through September 16, 2024
(A)
OOD shall notify an individual in writing, and when
appropriate in the individual's native language or through another appropriate
mode of communication, when his/ her case is being closed regardless of the
reason for closure. The notification should include the closure reason, method
of appeal, and the availability of the client assistance
program.
(B)
OOD shall close a case if an individual is found to be
ineligible for services for the following reasons:
(1)
The individual
does not have a physical or mental impairment;
(2)
The individual
does not have a substantial impediment to employment;
(3)
The individual,
due to the severity of their disability, is incapable of benefiting from the
provision of VR services in terms of an employment outcome as evidenced by the
completion of trial work experience in a competitive integrated employment
setting, consistent with the informed choice and rehabilitation needs of the
individual; or
(4)
VR services are not required for the person to prepare
for, secure, retain, regain, or advance in employment.
(C)
In the
event the individual is determined ineligible, OOD shall consult with or
attempt to consult with the individual or other appropriate representative
about the reason or reasons for the ineligibility decision. Documentation of
the consultation should be included within the written notification of closure.
The written notification, supplemented as necessary by other appropriate modes
of communications, consistent with the informed choice of the individual,
should also include the method of appeal and the availability of the client
assistance program.
(1)
OOD shall review, within twelve months and annually
therafter, if requested by the individual and as appropriate, his or her
parent, legal guardian, or other representative, for any ineligibility
determination that is based on a finding that the individual is incapable of
achieving an employment outcome.
(2)
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.
(D)
OOD shall close a case with an employment outcome only
if all of the following conditions apply:
(1)
The individual
has achieved the employment outcome that is described in his/her individualized
plan for employment;
(2)
Services provided on the individualized plan for
employment (IPE) have resulted in the achievement of competitive integrated
employment;
(3)
The individual has maintained competitive integrated
employment for an appropriate period of time, but not less than ninety days,
necessary to ensure the stability of the employment outcome;
(4)
At the end of
ninety days, or such longer time as deemed appropriate, the individual and the
qualified rehabilitation counselor consider the employment outcome to be
satisfactory, agree that the individual is performing well on the job and that
he/she no longer needs vocational rehabilitation services;
(5)
The individual is
informed through appropriate modes of communication of the availability of
post-employment services.
(E)
When an
individual's case is being closed with an employment outcome, OOD shall also
include in the written notice the individual's job title, the date employment
began, wages, any projected need for post-employment services, that a
reassessment of the need for extended services has been completed for
individuals in supported employment, and the basis on which the individual has
been determined to be rehabilitated.
(F)
OOD shall close a
case without an employment outcome due to, but not limited to, the following
reasons:
(1)
The
individual cannot be located;
(2)
The individual
dies;
OOD shall not forward written
notification of case closure in the event of death.
(3)
The individual is
unavailable for services for an indefinite or considerable period of time due
to the following:
(a)
Institutionalization;
(b)
Incarceration;
(c)
Health/medical-related reasons;
(d)
Reserve forces
called to active duty.
(4)
The individual
needs non-vocational rehabilitation service(s) from another agency or has moved
to another state and will be referred accordingly;
(5)
The individual
has refused services or has failed to cooperate;
(6)
The individual
cannot accept or maintain a job because transportation is not feasible or not
available;
(7)
The individual does not meet OOD's order of selection
and is not interested in being placed on a waiting list, or is not available or
not interested in services at a later time in the event that OOD is operating
under a waitlist;
(8)
The individual is no longer interested in receiving
services;
(9)
The individual requires extended services but they are
not available;
(10)
The individual chooses to enter into or remain in
extended employment.
For individuals closed in extended
employment, OOD shall conduct a semiannual review and reevaluation for the
first two years of such employment and annually thereafter.
(G)
This rule is designed to implement the Workforce
Innovation and Opportunity Act, 29 U.S.C. 32, and resulting regulations.
Replaces: 3304-2-61
