The counselor shall close an individual's case record at any
time in the DVR process when it is determined that the individual is no longer
eligible, is unavailable for diagnostic or planned services, chooses not to
participate, or is rehabilitated.
1.
Ineligibility
A. The person has no disability
or substantial impediment to employment, the individual does not require DVR
services to achieve a competitive integrated employment outcome, or is
unwilling to consider employment in an integrated setting.
Requires:
(1)
Opportunity for the individual's or his/her representative's participation in
closure decision;
(2) Written
notification of closure decision;
(a) Written
notification of appeal rights, including the name and address of the person
with whom an appeal may be filed, and of the availability of the Client
Assistance Program;
(b) IPE
amendment, if appropriate;
(c)
Certification of ineligibility in case record that documents the reasons for
closure and is dated and signed by the counselor;
(d) Referral to other agencies and community
rehabilitation programs, as appropriate.
B. There is clear and convincing evidence
after trial work experiences or after a period of service provision under an
IPE that the individual with a disability is incapable of benefiting from DVR
services in terms of achieving an employment outcome in an integrated setting
for which an individual is compensated at or above minimum wage.
Requires:
(1)
Opportunity for the individual's or his/her representative's participation in
closure decision;
(2) Written
notification of closure decision;
(3) Written notification of appeal rights,
including the name and address of the person with whom an appeal may be filed,
and of the availability of the Client Assistance Program;
(4) IPE amendment, if appropriate;
(5) Review of the ineligibility determination
within twelve (12) months. A review is not required in situations where the
individual refuses it, the individual is no longer present in the State, the
individual's whereabouts are unknown, or the individual's medical condition is
rapidly progressive;
(6)
Certification of ineligibility in the case record that documents the reasons
for closure and is dated and signed by the counselor.
(7) Referral to other agencies and community
rehabilitation programs, as appropriate.
2. Closure for Reasons other than
Ineligibility
A. Individual is Unavailable
The counselor may close a case when an individual is
unavailable during an extended period of time for an assessment for determining
eligibility and vocational rehabilitation needs, or to participate in planned
vocational rehabilitation services, and the counselor has made repeated efforts
to contact the individual and to encourage the individual's
participation.
Requires:
(1)
Rationale for closure documented in the case record;
(2) Written notification to client;
(3) Written notification of appeal rights,
including the name and address of the person with whom an appeal may be filed
and the availability of the Client Assistance Program;
(4) IPE amendment, when appropriate
B. Individual Refuses to Cooperate
or Participate
The counselor may close an applicant or eligible client when
there is sufficient evidence to conclude that the individual refuses to
cooperate or to participate in an assessment for determining eligibility and
rehabilitation needs or planned services that can be demonstrated to be
critical to success after reasonable efforts have been made to encourage
cooperation or participation.
Requires:
(1)
Rationale for closure documented in the case record;
(2) Written notification to client;
(3) Written notification of appeal rights,
including the name and address of
(4) the person with whom an appeal may be
filed and the availability of the Client Assistance Program;
(5) IPE amendment, when
appropriate.
C.
Individual needs supported-employment and extended support services are not
available:
The counselor may close an applicant or eligible client who
needs extended supports to become competitively employed, when it becomes
apparent that extended supports will not be available. All options such as
agency funding from the Department of Health and Human Services , Social
Security Administrations' Ticket to Work Program, the Bureau of Rehabilitation
Services' Basic or Brain Injury Extended Support Programs, natural supports,
etc., must be first explored.
Requires:
(1)
Rationale for closure documented in the case record;
(2) Written notification to client;
(3) Written notification of appeal rights,
including the name and address of the person with whom an appeal may be filed
and the availability of the Client Assistance Program;
(4) IPE amendment, when appropriate
D. Periodic Review of Unsuccessful
Closures from Extended Employment with Community Rehabilitation Providers and
Closures at Less Than Minimum Wage
For all clients closed unsuccessfully in a non-integrated
extended employment setting or those closed in an integrated setting in which
the individual is compensated at less than minimum wage, Maine DVR must conduct
a semi- annual review and reevaluation of the status of each individual for two
(2) years after closure (and thereafter, if requested by the individual or, if
appropriate, the individual's representative) to determine the interests,
priorities, and needs of the individual with respect to competitive integrated
employment or training in competitive integrated employment. This review must
include:
(1) input from the individual
or, if appropriate, the individual's representative, to determine the
interests, priorities, and needs of the individual for employment or training
for competitive integrated employment in the labor market;
(2) make maximum effort, including the
identification of vocational rehabilitation services, reasonable
accommodations, and other support services, to enable the eligible individual
to benefit from training in, or to be placed in competitive integrated
employment ; and
(3) provide
services designed to promote movement from extended employment to competitive
integrated employment, including supported-employment, independent living, and
community participation.
3. Closure of Clients Who Have Achieved An
Employment Outcome
A. In order to determine
that a client has achieved competitive integrated employment , the case record
must document the following:
(1) the provision
of services under the individual's IPE contributed to the achievement of the
employment outcome that is described in the individual's IPE;
(2) the employment outcome is consistent with
the individual's strengths, resources, priorities, concerns, abilities,
capabilities, interests, and informed choice as agreed upon in the individual's
IPE;
(3) the employment outcome is
in an integrated setting for which the individual is compensated at or above
minimum wage , consistent with the individual's informed choice as agreed upon
in the individual's IPE;
(4) the
individual has maintained the employment outcome for at least 90 days;
necessary to ensure the stability of the employment outcome and the individual
no longer needs vocational rehabilitation services.
(5) the individual and the rehabilitation
counselor consider the employment outcome to be satisfactory and agree that the
individual is performing well on the job;
(6) the individual is informed, through
appropriate modes of communication, including written notification, of the
availability of post-employment services; and
(7) written notification of appeal rights,
including the name and address of the person with whom an appeal may be filed
and the availability of the Client Assistance Program is provided;
B. Closure of Clients in
Supported-employment
Clients have achieved a supported-employment outcome when
the following conditions are met:
(1)
the individual has substantially met the goals and objectives of his/her
IPE;
(2) extended support services
are immediately available to preclude any interruption in the provision of the
ongoing support needed to maintain employment;
(3) the individual has maintained competitive
integrated employment for at least ninety (90) days after the transition to
extended services
(4) the
individual or representative and the rehabilitation counselor consider the
employment outcome to be satisfactory and agree that the individual is
performing well on the job;
(5) the
individual or representative is informed, through appropriate modes of
communication, including written notification, of the availability of
post-employment services: and
(6)
Written notification of appeal rights, including the name and address of the
person with whom an appeal may be filed and the availability of the Client
Assistance Program, is provided.
