781 KAR 1:050. Carl D. Perkins Comprehensive Rehabilitation Center

Link to law: http://www.lrc.ky.gov/kar/781/001/050.htm
Published: 2015

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      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.)