(a) As used in these rules the terms or
phrase:
(i) "An Hour of Service" is defined
as an hour of staff time spent on behalf of a supported employment client
providing job placement, situational assessment, and/or job coaching services
as defined. If a staff hour is simultaneously provided to more than one client
(i.e.: a work crew), this hour will be prorated based upon each client's
proportionate use (i.e.: Staff spends one hour in a work crew with 4 clients.
Each client receives 15 minutes of this staff hour).
(ii) "American Indian" means an individual
that is a member of an Indian tribe.
(iii) "Applicant" means an individual who
submits a signed application for vocational rehabilitation services but has not
yet been certified as eligible for DVR services.
(iv) "Appraisal of Current Health Status"
refers to information that covers the client's medical history and a complete
systems review, if one is needed.
(v) "Appropriate Modes of Communication"
means specialized aids and supports that enable an individual with a disability
to comprehend and respond to information that is being communicated.
(vi) "Assistive Technology device" means any
item, piece of equipment, or product system, whether acquired commercially off
the shelf, modified, or customized, that is used to increase, maintain, or
improve the functional capabilities of an individual with a
disability
(vii) "Assistive
Technology Service" means any service that directly assists an individual with
a disability in the selection, acquisition, or use of an assistive technology
device. This could include an evaluation of the individual with a
disability.
(viii) "Automobile
Dealership" means any organization selling vehicles that can be found in the
yellow pages and/or that have a tax ID number and dealer plates.
(ix) "Community Rehabilitation Program" means
a program that provides directly or facilitates the provision of vocational
rehabilitation services to individuals with disabilities; and that provides
services for an individual with a disability to enable the person to maximize
opportunities for employment, including career advancement.
(x) "Client Assistance Program (CAP)" is a
federal program initiated under the Rehabilitation of 1973 available to
clients, applicants and former clients of the Wyoming Division of Vocational
Rehabilitation to identify, explain and resolve any problems a client may be
having with their rehabilitation program, or an applicant may be having with
the application process.
(xi)
"Comparable Services and Benefits" means services and benefits that are
provided or paid for in whole or part, by other Federal, State, or local public
agencies, by health insurance, or by employee benefits, and are available to
the individual at the time needed to ensure the progress of the individual
toward achieving the employment outcome continues, and commensurate to the
services that individual would otherwise receive from the DSU.
(xii) "Competitive Employment" means work in
the competitive labor market that performed on a full time or part time basis
in an integrated setting and 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.
(xiii) "Designated State
Agency" (DSA) means the Department of Workforce Services
(xiv) "Designated State Unit" (DSU) means the
Division of Vocational Rehabilitation.
(xv) "Disability" means, for purposes of
Title I services - physical or mental impairment that constitutes or results in
a substantial impediment to employment.
(xvi) "Division" means the Division of
Vocational Rehabilitation, Wyoming Department of Workforce Services
(xvii) "DVR" means the Division of Vocational
Rehabilitation.
(xviii) "Eligible
Individual" means an applicant for vocational rehabilitation services who meets
the eligibility requirements.
(xix)
"Employment Outcome" means entering or retaining full-time or, an appropriate,
part-time competitive employment in the integrated labor market; supported
employment; or any other type of employment, including self-employment,
telecommuting, or business ownership that is consistent with an individual's
strengths, resources, priorities, concerns, abilities, capabilities, interests
and informed choice.
(xx) "Extreme
medical risk" means a determination by a licensed medical doctor/psychologist
that a probability of substantially increasing functional impairment or death
if medical services, including mental health services, are not provided
expeditiously.
(xxi) "Extended
Employment" means work in a non-integrated or sheltered setting for a public or
private nonprofit agency or organization that provides compensation in
accordance with the Fair Labor Standards Act. This represents an interim step
in the rehabilitation process rather than an end point of that
process.
(xxii) "Extended Services"
means ongoing support services and other appropriate services that are needed
to support and maintain an individual with a most significant disability in
supported employment and that are provided by a State agency, a private
nonprofit organization, employer, or any other appropriate resource.
(xxiii) "Family Member" for the purpose of
receiving vocational rehabilitation services, means an individual who is a
relative or guardian, lives in the same household, who has a substantial
interest in the well being of eligible individual and whose receipt of
vocational rehabilitation services is necessary to enable the individual to
achieve an employment outcome.
(xxiv) "Impartial Hearing Officer" means an
individual:
(A) who is not an employee of a
public agency (other than an administrative law judge, hearing examiner, or
employee of an institution of higher education);
(B) who is not a member of the State
Rehabilitation Council;
(C) who has
not been involved in previous decisions regarding the vocational rehabilitation
of the applicant or client;
(D) who
has knowledge of the delivery of vocational rehabilitation services, the State
Plan under Section 101, and the federal and state rules governing the provision
of such services and training with respect to the performance of official
duties;
(E) who has no personal or
financial interest that would be in conflict with the objectivity of the
individual; and
(F) an individual
shall not be considered to be an employee of a public agency solely because the
individual is paid by the agency to serve as a hearing officer.
(xxv) "Independent Living Core
Services" means:
(A) information and referral
services;
(B) independent living
skills training;
(C) peer
counseling (including cross-disability peer counseling); and
(D) individual and systems
advocacy.
(xxvi)
"Individual with a disability" means an individual:
(A) who has a physical or mental
impairment;
(B) whose impairment
constitutes or results in a substantial impediment to employment; and
(C) who can benefit in terms of an employment
outcome from the provision of vocational rehabilitation services.
(xxvii) "Individual with a
Significant Disability" means an individual:
(A) who has a significant physical or mental
impairment which seriously limits one or more functional capacities (such as
mobility, communication, self-care, self-direction, interpersonal skills, work
tolerance, or work skills) in terms of an employment outcome;
(B) whose vocational rehabilitation can be
expected to require multiple vocational rehabilitation services over an
extended period of time; and
(C)
who has one or more physical or mental disabilities resulting from amputation,
arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic
fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia,
respiratory or pulmonary dysfunction, mental retardation, mental illness,
multiple sclerosis, muscular dystrophy, musculo-skeletal disorder, neurological
disorders (including stroke and epilepsy), paraplegia, quadriplegia and other
spinal cord conditions, sickle-cell anemia, specific learning disabilities,
end-stage renal disease, or another disability or combination of disabilities
determined on the basis of an assessment for determining eligibility and
vocational rehabilitation needs to cause comparable substantial functional
limitation.
(D) Additional and
Substantial Functional Limitations Include:
(I) Inability to make use of public
transportation unassisted or inability to travel independently in unfamiliar
area;
(II) Inability to perform
sustained work activity for six hours or more;
(III) Disfigurement or deformity so
pronounced as to cause social rejection;
(IV) Speech or communication skills that are
unintelligible to non-family members, or inability to understand normal speech
with or without a hearing aid, or inability to interpret printed material as
used in normal correspondence without use of adaptive aids;
(V) Inability to climb one flight of stairs
or walk 100 yards on the level without pause;
(VI) Loss of manual dexterity or eye/hand
coordination sufficient that he/she is unable to fasten buttons, wind a watch,
or write intelligibly;
(VII)
Emotionally incapable of tolerating the stress of normal competitive
employment;
(VIII) Intellectually
or physically limited to closely supervised, highly structured employment;
and
(IX) Demonstrated marked
restriction of daily activities, constriction of interests, deterioration in
personal habits, and impaired ability to relate to other people.
(xxvii) "Individual
with the Most Significant Disability" means an individual:
(A) The individual must have an impairment or
impairments which, singly or in combination, are significant;
(B) The individual must be seriously limited
from achieving an employment outcome due to significant functional loss in two
or more of the functional capacities;
(C) The individual must need at least two
core vocational rehabilitation services* to address the functional losses
imposed by the significant impairment(s) in order to attain an employment
outcome; and
(D) Whose vocational
rehabilitation can be expected to require at least 18 months to complete.
*Core vocational rehabilitation services includes all
vocational rehabilitation services other than supportive services (maintenance,
transportation, services to family members, and personal assistance services);
services secondary to core vocational rehabilitation services, such as training
materials and supplies when training is being provided as a core vocational
rehabilitation service; or, generalized counseling, guidance, and placement
which are provided during the vocational rehabilitation process in connection
with the provision of vocational rehabilitation services but are not identified
as a needed vocational rehabilitation services on the IPE.
All clients that have an active Individualized Plan for
Employment (IPE) will be served until that IPE is completed.
(xxviii) "Individual with a
Significant Disability" as used in the Independent Living Program means an
individual with a significant physical or mental impairment whose ability to
function independently in the family or community, or whose ability to obtain,
maintain or advance in employment is substantially limited, and for whom the
delivery of independent living services will improve the ability to function,
continue functioning, or move towards functioning independently in the family
or community, or to continue in employment.
(xxix) "Individual's Representative" means
any representative chosen by an applicant or eligible individual, as
appropriate, including a parent, guardian, other family member, or advocate,
unless a representative has been appointed by a court to represent the
individual.
(xxx) "Individualized
Plan for Employment (IPE)" or "Rehabilitation Plan" means a program mutually
developed by a qualified Rehabilitation Counselor and an eligible client, or as
appropriate, the eligible client's parent, guardian, or other representative,
which defines the client's vocational goal and outlines the vocational
rehabilitation objectives and services necessary to achieve that
goal.
(xxxi) "Informed Choice"
means the counselor, through vocational guidance and counseling, will provide
pertinent information to the client so he/she can make appropriate decisions
affecting his/her rehabilitation program.
(xxxii) "Integrated Work Setting:"
(A) With respect to the provision of
services, means a setting typically found in the community in which applicants
or eligible individuals interact with non-disabled individuals other than
non-disabled individuals who are providing services to those eligible
individuals;
(B) With respect to an
employment outcome, means a setting typically found in the community in which
the individual interacts with non-disabled individuals other than non-disabled
individuals who are providing services to those eligible individuals, to the
same extent that non-disabled individuals in comparable positions interact with
other persons.
(xxxiii)
"Job coaching" means services that are needed to support and maintain an
individual on the job after employment is obtained, such as:
(A) intensive on-the-job skills training and
other training provided by skilled job trainers, co-workers, and other
qualified individuals;
(B)
provision of follow-up services, including regular contact with employers,
trainees with the most severe disabilities, parents, guardians or other
representatives of trainees, and other suitable professional and informed
advisors in order to reinforce and stabilize the job placement;
(C) regular observations or support of
individuals with the most severe disabilities at the work site;
(D) contact with co-workers to develop
on-the-job natural supports; or
(E)
other on-going support services as defined which are necessary to achieve job
stabilization.
(F) These services
are based on an assessment by the DVR counselor of the individual's
needs.
(xxxiv) "Job
Development/Placement" are services that are needed to identify the most
suitable employment outcome for significantly and most significantly disabled
individuals, and to help determine necessary on the job supports, such as:
(A) meeting with the client, parent, and
significant others to discuss issues such as job preferences, job aptitudes,
past work experiences, and to develop a plan for job development;
(B) contact with employers regarding job
possibilities for a specific client, completion of job site surveys, or job
analysis regarding the appropriateness of employment sites;
(C) accompanying a client on an employer
visit for the purpose of job exploration or a job interview;
(D) staffing regarding an individual client
in the job development process;
(E)
providing services such as job clubs, job shadowing, or career counseling which
support the development of an appropriate vocational goal; and
(F) other on-going support services as
defined which are necessary to achieve job placement.
(G) These services are based upon an
assessment by the DVR counselor of the individual's needs.
(xxxv) "Maintenance" means monetary support
to an eligible individual for expenses, such as food, shelter and clothing,
that are in excess of the normal expenses of the individual and are
necessitated by the individuals participation in an assessment for determining
eligibility and vocational rehabilitation needs or the individuals receipt of
services under an individualized plan for employment.
(xxxvi) "Ongoing Support Services" means
services:
(A) needed to support and maintain
individuals with the most significant disabilities in supported
employment;
(B) provided at least
twice monthly:
(I) to make an assessment,
regarding the employment situation, at the worksite of each individual in
supported employment, or, under special circumstances, especially at the
request of the client, off site; and
(II) based on the assessment, to provide for
the coordination or provision of specific intensive services, at or away from
the worksite, that are needed to maintain employment stability; and
(C) consisting of:
(I) particular assessment supplementary to
the comprehensive assessment;
(II)
the provision of skilled job trainers who accompany the individual for
intensive job skill training at the worksite;
(III) job development and
placement;
(IV) social skills
training;
(V) regular observation
or supervision of the individual;
(VII) follow-up services such as regular
contact with the employers, the individuals, the parents, family members,
guardians, advocates: or
(VIII)
representatives of the individuals, and other suitable authorized professional
and informed advisors, in order to reinforce and stabilize the job placement;
and
(IX) facilitation of natural
supports at the worksite.
(xxxvii) "Other agency or organization" means
any individual, group of individuals, private or public entity that provides
information to Vocational Rehabilitation requiring a release of
information.
(xxxviii) "Personal
Assistance Services" means a range of services provided by one or more persons
designed to assist an individual with a disability to perform daily living
activities on or off the job that the individual would typically perform if the
individual did not have a disability. Such services shall be designed to
increase the individual's control of their life and ability to perform everyday
activities on or off the job.
(xxxix) "Physical and Mental Restoration"
means corrective surgery or therapeutic treatment that is likely, within a
reasonable period of time, to correct or modify substantially a stable or
slowly progressive physical or mental impairment that constitutes a substantial
impediment to employment.
(xl)
"Qualified Counselor" means an individual who meets the criteria to be able to
sit for the Certified Rehabilitation Counselor (CRC) examination.
(xli) "Rehabilitated" means a client has
been:
(A) determined to be
eligible;
(B) provided an
assessment for determining eligibility and vocational rehabilitation needs and
counseling and guidance as essential vocational rehabilitation
services;
(C) provided appropriate
and substantial vocational rehabilitation in accordance with the individualized
plan for employment (IPE); and
(D)
determined to have achieved and maintained suitable employment for at least 90
days.
(xlii)
"Rehabilitation Technology" means the systematic application of technologies,
engineering methodologies, or scientific principles to meet the needs of and
address the barriers confronted by individuals with disabilities in areas that
include education, rehabilitation, employment, transportation, independent
living, and recreation. This term includes rehabilitation engineering,
assistive technology devices, and assistive technology services.
(xliii) "Significant
Contact" with clients occurs when information pertinent to the vocational
rehabilitation process is shared between the client and the VR representative
in face to face, written or verbal form.
(xliv) "Substantial Impediment to Employment"
means that a physical or mental impairment (in light of attendant medical,
psychological, vocational, educational, and other related factors) that hinders
an individual's occupational performance, by preventing his preparing for,
obtaining or retaining employment consistent with the individual's capacities
and abilities.
(xlv) "Supported
Employment" means competitive work in integrated work settings or employment in
integrated work settings in which individuals are working toward competitive
work consistent with the strengths, resources, priorities, concerns, abilities,
capabilities, interests, and informed choice of the individuals with the most
significant disabilities:
(A) for whom
competitive employment has not traditionally occurred; or
(B) who, because of the nature and severity
of their disability, need intensive supported employment services.
(xlvi) "Supported Employment
Services" means on-going support services and other appropriate services needed
to support and maintain an individual with most significant disability in
supported employment that are:
(A) For a
period of time not to exceed 18 months unless under special circumstances the
eligible individual and the VR counselor agree to extend the time to achieve an
employment outcome and; if wages are paid to the client the wages must be paid
through another party so DVR isn't the employer. Paid work experiences should
be short term at a low wage.
(B)
Following transition, as post employment services that are unavailable from an
extended services provider and are necessary to maintain or regain the job
placement or advancement in employment.
(xlvii) "Trial Work Experiences" means work
experiences including supported employment, on the job training and other
experiences using realistic work settings. Work experience arrangements do not
have an expectation of employment like an OJT.
(xlviii) "Transition Services" means a
coordinated set of activities for a student, designed within an
outcome-oriented process that promotes movement from school to post school
activities, including post secondary education, vocational training, integrated
employment (including supported employment), continuing and adult education,
adult services, independent living, or community participation. The coordinated
set of activities shall be based upon the individual student's needs, taking
into account the student's preferences and interests, and shall include
instruction, community experiences, the development of employment and other
post school adult living objectives, and, when appropriate, acquisition of
daily living skills and functional vocational evaluation.
(xlix) "Transitional Employment" as used in
the Supported Employment Program, means a series of temporary job placements in
competitive work in an integrated work setting with on-going support services
for individuals with the most significant disabilities due to mental illness.
In transitional employment, the provision of on-going support services must
include continuing sequential job placements until job permanency is achieved.
(l) "Transportation" means travel
and related expenses that are necessary to enable an applicant or eligible
individual to participate in a vocational rehabilitation
service.