Published: 2015-07-10
Key Benefits:
(a) The Legislature finds and declares as follows:
(1) Work is a valuable and important activity, both for individuals and society, and fulfills the need of an individual to be productive, promotes independence, enhances self-esteem, and allows for participation in the mainstream of life.
(2) Disability is a natural part of human experience and in no way diminishes the capacity of individuals to live independently, enjoy self-determination, make choices, contribute to society, pursue meaningful careers, and enjoy inclusion and integration in the economic, political, social, cultural, and educational mainstream of society.
(3) As a group, individuals with disabilities experience staggering levels of unemployment and poverty.
(4) Increased employment of, and independent living for, individuals with disabilities can be achieved by providing individualized training, independent living services, educational and support services, and meaningful opportunities for employment in integrated work settings with reasonable accommodations.
(5) Individuals with disabilities, including individuals with the most severe disabilities, have demonstrated their ability to achieve gainful employment in integrated settings if appropriate services and supports are provided.
(6) The provision of vocational rehabilitation services can enable individuals with disabilities, including individuals with the most severe disabilities, to pursue meaningful careers by securing gainful employment commensurate with their abilities and capabilities.
(b) The purpose of this division is to assist the Department of Rehabilitation in operating comprehensive, coordinated, effective, efficient, and accountable programs of vocational rehabilitation and independent living that are designed to assess, plan, develop, and provide services for individuals with disabilities, particularly individuals with the most severe disabilities, consistent with their strengths, resources, priorities, concerns, abilities, and capabilities, so that these individuals may prepare for and engage in gainful employment and live more independently.
(c) The Department of Rehabilitation’s vocational rehabilitation and independent living programs shall be consistent with the national policy toward people with disabilities articulated in the Americans with Disabilities Act of 1990 (Public Law 101-336) and the Rehabilitation Act Amendments of 1998 (Public Law 105-220).
(d) It shall be the goal of the Department of Rehabilitation to provide individuals with disabilities with the tools necessary to do all of the following:
(1) Make informed choices and decisions.
(2) Maximize employment, independence, and economic and social self-sufficiency in the mainstream of society.
(3) Achieve equality of opportunity and inclusion and integration into all aspects of society.
(e) The Department of Rehabilitation’s vocational rehabilitation and independent living programs, projects, and activities shall be carried out in a manner consistent with the following principles:
(1) Respect for individual dignity, personal responsibility, self-determination, and pursuit of independent living and meaningful careers, based on informed choice of individuals with disabilities.
(2) Respect for the privacy, rights, and equal access of individuals with disabilities, including, but not limited to, the use of accessible formats.
(3) Individuals with disabilities, including individuals with the most severe disabilities, shall be generally presumed to be capable of engaging in gainful employment, and the provision of individualized vocational rehabilitation services can improve their ability to become gainfully employed.
(4) Promotion of independence, inclusion, integration, and full participation of individuals with disabilities.
(5) Individuals with disabilities shall be provided the opportunities to obtain competitive employment in integrated settings.
(6) Individuals with disabilities shall be active participants in their own rehabilitation programs, including, but not limited to, making meaningful and informed choices about the selection of their vocational goals and objectives and the vocational rehabilitation services they receive.
(7) Support for the involvement of a parent, a family member, a guardian, an advocate, or an authorized representative, if an individual with a disability requests, desires, or needs that support.
(8) Individuals with disabilities and their advocates are full partners in the vocational rehabilitation and independent living programs and shall be involved on a regular basis and in a meaningful manner with respect to policy development and implementation.
(9) Qualified vocational rehabilitation counselors, and other qualified personnel facilitate the accomplishment of the employment and independent living goals and objectives of an individual.
(10) Accountability measures must facilitate and not impede the accomplishment of the goals and objectives of the department’s programs, including providing vocational rehabilitation and independent living services to, among others, individuals with the most severe disabilities.
(Amended by Stats. 2002, Ch. 664, Sec. 238. Effective January 1, 2003.)
There is in the California Health and Human Services Agency the Department of Rehabilitation.
(Amended by Stats. 2011, Ch. 227, Sec. 102. Effective January 1, 2012.)
The Department of Rehabilitation is under the control of an officer known as the Director of Rehabilitation. As used in this division “department” and “director” refer to the Department of Rehabilitation and the Director of Rehabilitation, respectively, unless the context otherwise requires.
(Added by Stats. 1969, Ch. 1107.)
The director is appointed by the Governor, subject to confirmation by the Senate, and holds office at the pleasure of the Governor. The annual salary of the director is provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code.
Upon recommendation of the director, the Governor may appoint a chief deputy director of the department who shall hold office at the pleasure of the Governor. The salary of the chief deputy director shall be fixed in accordance with law.
(Amended by Stats. 1978, Ch. 432.)
The provisions of Chapter 2 (commencing with Section 11150), Part 1, Division 3, Title 2 of the Government Code apply to the director and the director is the head of a department within the meaning of the chapter.
(Added by Stats. 1969, Ch. 1107.)
The department is vested with all necessary powers and authority to cooperate with the government of the United States or any agency or agencies thereof in the administration of any act of Congress and rules and regulations lawfully adopted thereunder relating to individuals with disabilities or their vocational rehabilitation and independent living.
(Amended by Stats. 1993, Ch. 937, Sec. 3. Effective October 8, 1993.)
The Department of Rehabilitation is hereby designated as the sole state agency with full power to supervise every phase of the administration of the state plan for vocational rehabilitation services. All decisions affecting eligibility for and the nature and scope of vocational rehabilitation services to be provided will be made by the department through its organizational units.
(Added by Stats. 1975, Ch. 171.)
(a) The Department of Rehabilitation shall establish a program authorizing rehabilitation professionals serving industrially injured workers under the provisions of Labor Code Section 139.5 to refer clients to the Department of Rehabilitation for federal targeted jobs tax credit eligibility determination. The Department shall set forth the specific requirements, procedures, and eligibility criteria. The Department shall not be required to certify, for purposes of the federal targeted jobs tax credit, industrially injured workers who do not meet the eligibility requirements set forth in the federal Rehabilitation Act.
(b) The Department shall be authorized to collect a fee from the insurer or self-insured employer in the amount necessary to determine eligibility and to certify the industrially injured worker for this program.
(Added by Stats. 1983, Ch. 1266, Sec. 3.)
The department may adopt, amend, or repeal, in accordance with the provisions of the Administrative Procedure Act, such rules and regulations as may be reasonably necessary to enable it to carry out its duties and powers.
(Added by Stats. 1969, Ch. 1107.)
The director may, with the approval of the Director of Finance, accept on behalf of, and in the name of, the state such gifts, donations, bequests, and devises as may be made to the department or to any school or other institution administered by the director or the department which in his judgment would be of benefit to the state and, if made to a school or other institution, would be of benefit to the school or other institution. Gifts, donations, bequests, and devises may be made subject to such conditions or restrictions as the director may deem advisable.
(Added by Stats. 1969, Ch. 1107.)
To the extent resources are available, the department may utilize funds from appropriations by Congress, by gifts, grants, or reimbursements from private or public sources or by state appropriations, or both, or by transfer of funds from other state departments subject to usual budgetary controls for the purpose of establishing and operating rehabilitation programs, including an orientation center for the blind, or of providing vocational rehabilitation or independent living services including related administrative costs, or of cooperating with other public or private agencies for these purposes.
(Amended by Stats. 1993, Ch. 937, Sec. 4. Effective October 8, 1993.)
(a) The department is authorized to solicit and accept gifts, contributions, and grants from any source, public or private, to establish, implement, and maintain an awards program.
(b) (1) There is hereby established the Public Awards Fund, which is continuously appropriated, without regard to fiscal years, for the purpose of this section.
(2) The director may receive contributions pursuant to this section and deposit them in the Public Awards Fund for use pursuant to subdivision (c).
(3) Sections 11005 and 16302 of the Government Code shall not apply to funds under this section.
(c) In order to achieve the public policy of the State of California, as specified in Section 19000, the director may present awards to those employers, architects, clients, ex-clients, disabled Californians nominated or selected for the Hall of Fame, and other persons whose superior cooperation and contributions to the employment of the handicapped deserve special recognition.
(Added by Stats. 1987, Ch. 1017, Sec. 1.)
No period of residence in this state is required for participation in any program administered by the department, except as required by federal law or regulations.
(Added by Stats. 1969, Ch. 1107.)
No person shall have his or her rehabilitation services reduced due to the receipt of any private grants, scholarships, or awards, provided for the purpose of postsecondary education, except insofar as federal law may require service reductions due to these scholarships, grants, or awards when provided by postsecondary institutions.
(Added by Stats. 1983, Ch. 282, Sec. 2.)
Pursuant to agreements the department shall cooperate with the federal government in carrying out the purposes of any federal statutes pertaining to the purposes of this division and may adopt the methods of administration found necessary by the federal government for the proper and efficient operation of the agreements or plans for vocational rehabilitation and independent living services and may comply with the conditions as may be necessary to secure the full benefits of such federal statutes.
(Amended by Stats. 1993, Ch. 937, Sec. 5. Effective October 8, 1993.)
The people of the state accept the provisions and benefits of the act of Congress entitled “The Rehabilitation Act Amendments of 1998 (Public Law 105-220) and any subsequent amendments thereto.
(Amended by Stats. 2001, Ch. 193, Sec. 2. Effective January 1, 2002.)
In accepting the provisions and benefits of the act of Congress referred to in Section 19011, the people of the state agree to observe and comply with all of its requirements.
(Added by Stats. 1969, Ch. 1107.)
(a) (1) The department may cooperate with other departments, agencies, and institutions, both public and private, in providing the services authorized by this division to individuals with disabilities, in studying the problems involved therein, and in establishing, developing, and providing, in conformity with the purposes of this division, such programs, facilities, and services as may be necessary or desirable.
(2) Cooperation may include contracts and cost-sharing agreements, to the extent permitted by the Rehabilitation Act of 1973 (P.L. 93-112), as amended, and the implementing federal regulations.
(3) Within the scope of the federal Rehabilitation Act, through cooperative agreements with other public agencies, the department shall maximize the resources of each agency to better mutually serve individuals with disabilities through enhanced services. To provide these services, within the provisions of federal law, the department and other agencies shall share facilities, utilize existing eligibility and assessment information, participate in cross-training for agencies participating in cooperative programs, and engage in other cooperative activities to reduce duplication of services and to provide a new enhanced pattern of services for individuals with disabilities.
(b) The department may cooperate with the State Department of Education and with the state public postsecondary education system to provide instruction, individual counseling and guidance, and related rehabilitation services for eligible students with disabilities.
(c) The department may cooperate with school districts, with public secondary schools, and with the state public postsecondary education system to employ personnel to assist in the vocational orientation of students with disabilities.
(Amended by Stats. 1993, Ch. 937, Sec. 7. Effective October 8, 1993.)
(a) In performing any rehabilitative services or in contracting with other public or private agencies for rehabilitative services, the department shall take into consideration the needs of non-English-speaking individuals with disabilities and shall provide language assistance to those individuals participating in the department’s public or private rehabilitation programs.
(b) To the extent funds are available, the department also shall take into consideration the needs of individuals with disabilities who rely on alternate modes of communication, such as manual communication, tactile, oral, and nonverbal communication devices, and shall provide communication assistance to those individuals participating in the department’s programs.
(Amended by Stats. 1993, Ch. 937, Sec. 8. Effective October 8, 1993.)
The Department of Rehabilitation and the Division of Labor Standards Enforcement shall formulate a plan of cooperation for the referral and rehabilitation of persons in industry.
(Amended by Stats. 1979, Ch. 373.)
The department may enter into reciprocal agreements with other states to provide for the services authorized by this division to residents of the state concerned.
(Added by Stats. 1969, Ch. 1107.)
The department may prepare and promulgate regulations and statements of policy governing the protection of records and confidential information, the manner and form of filing applications, eligibility and investigation and determination thereof, for vocational rehabilitation services, procedure for fair hearings and such other regulations and policies as are found necessary to carry out the purposes of this division.
(Added by Stats. 1969, Ch. 1107.)
The department may conduct research and compile statistics relating to the provision of services or the need of services by individuals with disabilities.
(Amended by Stats. 1993, Ch. 937, Sec. 9. Effective October 8, 1993.)
Financial need shall be considered in the furnishing or denial of services in accordance with the Federal Vocational Rehabilitation Act and regulations adopted thereunder.
(Amended by Stats. 1993, Ch. 937, Sec. 10. Effective October 8, 1993.)
(a) On and after July 1, 1993, the department shall recommend to each organization or agency, the purpose of which is to provide services to individuals who are blind, that receives grants or contracts from the department, the number of blind members of the board that is appropriate to meet the needs of the community being served by that board.
(b) As used in this section, “blind” means the same as defined in Section 12050 of the Welfare and Institutions Code.
(Added by Stats. 1992, Ch. 1037, Sec. 1. Effective January 1, 1993.)
