(A) RSC shall close a consumer's case for reasons that include, but are not limited to, the following:
(1) The consumer does not have a physical or mental impairment;
(2) The consumer does not have a substantial impediment to employment;
(3) There is clear and convincing evidence, based on trial work experiences, that VR services will not benefit the consumer in terms of an employment outcome due to the severity of the disability;
(4) Services are no longer expected to benefit the consumer in terms of an employment outcome due to the severity of the disability;
(5) VR services are not required for the person to prepare for, secure, retain, or regain employment;
(6) All necessary VR services have been provided and the consumer is suitably employed;
(7) The consumer cannot be located;
(8) The consumer dies;
(9) The consumer is unavailable for services for an indefinite or considerable period of time;
(10) The consumer needs non-VR service from another agency or has moved to another state and will be referred;
(11) The consumer has refused services or has failed to cooperate;
(12) The consumer cannot accept or maintain a job because transportation is not feasible or not available; or
(13) The consumer does not meet RSC's order of selection and is not interested in being placed on a waiting list, or is not available or not interested in services at a later time.
(B) When a consumer is determined ineligible, or after becoming eligible is determined to be no longer eligible, RSC shall close the case only after providing an opportunity for a full consultation with the consumer or, as appropriate, his or her parent, guardian, or other representative.
(1) RSC shall provide the consumer with a written notice containing the reasons for the ineligibility determination, the methods of appeal, the availability of the client assistance program, and a record of the consumer's views. If after the consumer has been provided trial work experiences, RSC is closing the consumer's case because the disability is too severe, RSC shall have clear and convincing evidence that the consumer is unable to benefit from VR services in terms of an employment outcome. If the determination of ineligibility is based on a finding that the consumer is incapable of achieving an employment outcome, he/she shall be referred to the local extended employment provider.
(2) The case shall be closed without consultation in any of the following situations:
(a) Services or consultation has been refused;
(b) The consumer is no longer present in the state;
(c) The consumer cannot be located; or
(d) The consumer's physical condition is terminal or rapidly progressive.
(C) RSC shall close an eligible consumer's case rehabilitated only when all of the following criteria are met:
(1) The consumer has achieved the employment outcome that is described in his/her individualized plan for employment; and
(2) Services provided on the IPE have contributed to the achievement of employment; and
(3) Employment is consistent with the consumer's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice; and
(4) The consumer has maintained employment for at least ninety days; and
(5) At the end of ninety days, the consumer and the rehabilitation counselor consider employment to be satisfactory, agree that the consumer is performing well on the job and that he/she no longer needs vocational rehabilitation services; and
(6) The individual is informed through appropriate modes of communication of the availability of postemployment services.
(D) When services have been provided under an IPE and the consumer's case is being closed for a reason other than ineligibility or death, RSC shall discuss closure with the consumer, if possible, and shall provide the consumer with a written notice of closure which states the reason for closure, the methods of appeal, and the availability of the client assistance program. If the consumer's case is being closed rehabilitated, RSC shall also include in the written notice: the consumer's occupation, the date employment began, any projected need for post-employment services as determined to be necessary, that a reassessment of the need for extended services has been completed for persons in supported employment, and the basis on which the consumer has been determined to be rehabilitated, including the criteria listed in paragraphs (C) to (C)(6) of this rule.
(E) This rule is designed to implement "Title IV of the Workforce Investment Act," which contains the 1998 amendments to "The Rehabilitation Act of 1973," and resulting regulations.
119.032 review dates:
Promulgated Under: 119.03
Statutory Authority: 3304.16(A)
Rule Amplifies: 3304.16(E), (K)(5)
Prior Effective Dates: 9/30/1985, 12/1/1986, 4/4/1988, 3/12/1993, 11/22/1993, 5/15/1998, 1/3/2000, 6/20/2002, 4/11/2008