Termination Of Vocational Rehabilitation Services

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_500/oar_582/582_060.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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DEPARTMENT OF HUMAN SERVICES,

VOCATIONAL REHABILITATION SERVICES





 

DIVISION 60
TERMINATION OF VOCATIONAL REHABILITATION SERVICES

582-060-0010
Termination
of Services Because of Ineligi?bility
(1) Case closure
shall occur when OVRS determines that the individual does not meet one or more of
the following eligibility criteria:
(a) No
disabling condition;
(b) No
impediment to employment;
(c) Does
not require vocational rehabilitation services; or
(d) Disability
too severe to benefit from services.
(2) OVRS
shall make the ineligibility determination only after providing an opportunity for
full consultation with the individual or, as appropriate, with the individual's
representative.
(3) Ineligibility
due to ‘too severe to benefit’. Prior to any determination that an individual
with a disability is incapable of benefiting from vocational rehabilitation services,
OVRS shall conduct an exploration of the individual's abilities, capabilities, and
capacity to perform in realistic work situations to determine whether or not there
is clear and convincing evidence to support such a determination.
(a) OVRS
shall develop a written plan to assess the individual's abilities, capabilities,
and capacity to perform in work situations through the use of trial work experiences.
(b)Trial
work experiences:
(i) Shall
be in the most integrated setting possible, consistent with the informed choice
and rehabilitation needs of the individual;
(ii) Include
supported employment, on-the-job training, and other experiences using realistic
work settings; and
(iii)
Shall be of sufficient variety and over a sufficient period of time for the designated
State unit to determine that:
(A) There
is sufficient evidence to conclude that the individual can benefit from the provision
of vocational rehabilitation services in terms of an employment outcome; or
(B) There
is clear and convincing evidence that the individual is incapable of benefiting
from vocational rehabilitation services.
(c) OVRS
shall provide appropriate supports, including assistive technology devices and services
and personal assistance services, to accommodate the rehabilitation needs of the
individual during the trial work experiences.
(4) OVRS
shall notify the individual in writing of file closure due to ineligibility. As
necessary the office shall supplement notification by other appropriate modes of
communication consistent with the informed choice of the individual. Notification
shall include:
(a) Notice
that the office is closing the individual's case file;
(b) The
rationale for the ineligibility determination; and
(c) Dispute
resolution information regarding the mediation and impartial fair hearing appeal
process, as well as contact information about for the Client Assistance Program
(CAP).
(5) The
office shall refer the individual to other available programs under the Workforce
Investment Act that address the individual’s training or employment-related
needs.
(6) If
the office determines the individual to be incapable of achieving an employment
outcome, the office shall:
(a) Refer
the individual to local extended employment providers; and
(b) Review
the individual's file within 12 months. The individual or, if appropriate the individual's
representative, may thereafter request subsequent annual reviews. The office needs
not conduct the review if:
(A) The
individual has refused the review;
(B) The
individual is no longer present in the State;
(C) The
individual’s whereabouts are unknown; or
(D) The
individual’s medical condition is rapidly progressive or terminal.
Stat. Auth.:
ORS 344.530

Stats.
Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730

Hist.:
VRD 2-1978, f. 3-14-78, ef. 3-15-78; VRD 2-1991, f. & cert. ef. 9-11-91; VRD
2-1993, f. & cert. ef. 9-15-93; VRS 5-2004, f. & cert. ef. 8-5-04; VRS 1-2011(Temp),
f. 2-15-11, cert. ef. 3-1-11 thru 8-28-11; VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11
582-060-0020
Termination
of Services After Eligibility
(1) Termination
of Services — 'Other Than Rehabilitated'.
(a) The
office may close an individual's file when the individual fails to achieve an employment
outcome for the following reasons:
(A) Death;
(B) Ineligibility;
(C) Extended
services for Supported Employment not available despite exploration of all types
of extended supports;
(D) Individual
fails to cooperate with or fails to make suitable progress toward developing or
completing necessary steps in the IPE within the agreed-upon timeframes;
(E) Individual
is institutionalized or otherwise unavailable for services;
(F) Individual
received VR services and was placed in non-integrated, non-competitive work setting;
(G) The
office is unable to locate or contact the individual;
(H) Individual
has refused necessary services or chooses not to participate in necessary OVRS programs;
(I) Individual
is receiving services from another agency and no longer requires the office's services;
or
(J) Other
reason as documented by the office.
(b) The
office may close the file of a presumed-eligible individual if:
(A) The
file documents clear and convincing evidence that the individual is incapable of
benefiting from services; or
(B) The
individual meets the criteria for termination of services under 582-060-0020(1)(a).
(c) The
office shall make a closure determination only after providing an opportunity for
full consultation with the individual or, as appropriate, with the individual's
representative. The individual's involvement is not required when:
(A) The
individual refuses to participate;
(B) The individual is no longer present in
the state;
(C) The individual's whereabouts
are unknown; or
(D) The
individual's medical condition is rapidly progressive or terminal.
(d) All
notifications of closure shall include:
(A) Notice
that the office is closing the case;
(B) The
rationale for the closure; and
(C) Dispute
resolution information regarding the mediation and impartial fair hearing appeal
process, as well as referral to information about the Client Assistance Program
(CAP).
(2) Termination
of Services — Rehabilitated:
(a) Closure
of an individual's file as 'Rehabilitated' requires documentation that:
(A) The
individual has achieved the employment outcome identified in by the IPE, consistent
with the individual's strengths, resources, priorities, concerns, abilities, capabilities,
interests and informed choice;
(B) The
individual has maintained the employment outcome for an appropriate period of time,
not less than 90 days, sufficient to ensure stability in the position without further
vocational rehabilitation services;
(C) The
individual and counselor consider the employment outcome to be satisfactory and
agree the that individual is performing consistent with goal identified in the IPE;
and
(D) The
office informs the individual in writing, supplemented through other appropriate
modes of communication as necessary, of the availability of post-employment services.
(b) The
office shall provide notice to an individual that OVRS is closing the file ‘Rehabilitated’.
The notification shall:
(A) Be
in writing supplemented, as necessary, through appropriate modes of communication;
(B) Inform
the individual that OVRS is closing the case as ‘Rehabilitated’;
(C) Provide
the rationale for the decision; and
(D) Include
dispute resolution information regarding the mediation and impartial fair hearing
appeal process and the Client Assistance Program (CAP)
Stat. Auth.:
ORS 344.530

Stats.
Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730

Hist.:
VRD 2-1978, f. 3-14-78, ef. 3-15-78; VRD 2-1991, f. & cert. ef. 9-11-91; VRS
5-2004, f. & cert. ef. 8-5-04; VRS 1-2011(Temp), f. 2-15-11, cert. ef. 3-1-11
thru 8-28-11; VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11

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