781 KAR 1:050. Carl
D. Perkins Comprehensive Rehabilitation Center.
RELATES TO: KRS
151B.190, 34 C.F.R. 361.42, 29 U.S.C. 706(8)(A)
STATUTORY AUTHORITY:
KRS 151B.185, 151B.195
NECESSITY, FUNCTION,
AND CONFORMITY: KRS 151B.195 directs 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 Comprehensive Rehabilitation 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
Comprehensive Rehabilitation Center.
(3)
"Discharge" means an individual shall:
(a) Not have a
further CDPCRC service provided; and
(b) 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 CFR Part 361.
Section 2.
Admissions Policy. (1) An individual admitted to CDPCRC shall:
(a) Be an applicant
of the Office of Vocational Rehabilitation for whom an assessment is needed
prior to making an eligibility or ineligibility decision;
(b) Be an eligible
individual of the Office of Vocational Rehabilitation who requires services of
the type provided by CDPCRC, in order to benefit in terms of an employment
outcome; or
(c) Have made
arrangements to reimburse CDPCRC for the cost of services provided.
(2) A prospect for
admission shall provide the following:
(a) A consent for
CDPCRC 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 CDPCRC 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 CDPCRC 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 CDPCRC professional with expertise concerning the
identified condition, based upon documentation submitted at referral, and other
information the professional shall gather as needed.
(4) When 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 CDPCRC admissions counselor shall select a CDPCRC professional
with expertise concerning the identified condition, and shall submit the
documentation to that professional for an opinion.
(5) When the
admissions counselor has requested an opinion from a CDPCRC professional, the
decision of the professional shall determine whether the individual shall be
admitted to CDPCRC 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 CDPCRC 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) When 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) When a decision
is made not to admit an applicant or eligible individual to CDPCRC 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 pursuant to 781 KAR
1:010.
Section 3. Retention
Policy. The decision to provide further services after an individual has
completed a CDPCRC program shall be based upon the following:
(1)(a) A further
program shall be requested by the referral source; or
(b) A CDPCRC
professional shall believe that the individual requires an additional service;
(2) The program
requested for the individual shall be available; and
(3) If applicable,
the individual shall have made arrangements to reimburse CDPCRC for the cost of
services provided.
Section 4. Discharge
Policy. (1) An individual shall be voluntarily discharged from the CDPCRC if:
(a) The individual
has completed a program of services, and is not qualified for another CDPCRC
program;
(b) The individual
does not desire further services from CDPCRC;
(c) The individual's
medical condition requires treatment away from the CDPCRC for an extended
period of time; or
(d) The individual
wishes to leave CDPCRC and cannot be convinced to stay.
(2) An individual
shall be involuntarily discharged from CDPCRC 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;
(c) The individual's
behavioral condition deteriorates to the point of direct threat to the safety
of others;
(d) An individual
shall be discharged from CDPCRC without prior notice if necessary to prevent
harm to a person or property, or to prevent serious disruption of a CDPCRC
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 pursuant to 781 KAR
1:010. (17 Ky.R. 791; eff. 10-14-90; Am. 21 Ky.R. 560; eff. 10-6-94; 25 Ky.R.
431; 845; eff. 10-1-98; 26 Ky.R. 2032; 27 Ky.R. 115; eff. 7-17-2000.)
