Okla. Admin. Code § 612:10-7-22.1

Current through Vol. 42, No. 7, December 16, 2024

Section 612:10-7-22.1 - Processing referrals and applications

(a)Referrals. DRS must establish and implement standards for the prompt and equitable handling of referrals of individuals for vocational rehabilitation services, including referrals of individuals made through the one-stop service delivery systems under section 121 of the Workforce Innovation and Opportunity Act. The standards must include timelines for making good faith efforts to inform these individuals of application requirements and to gather information necessary to initiate an assessment for determining eligibility and priority for services.

(1) Processing incoming referrals. All referrals to DVR and DSBVI will be contacted by the VR counselor and appropriate action taken within 30 days, after receipt of the referral information. The counselor is responsible for completing a contact by telephone or in person. The counselor is responsible for providing interpreter services to referrals who are deaf or non-English speaking. In situations where the individual cannot be personally contacted, correspondence will be mailed to the individual for informational purposes.

(2) Referrals to rehabilitation teachers. All individuals who are legally blind, whether being served by a DVR counselor or a DSBVI counselor, will be referred to a rehabilitation teacher. Rehabilitation teachers may also receive counselor referrals and provide services for individuals who are not legally blind but have functional limitations due to vision loss and have potential to benefit from rehabilitation teaching services.

(b)Application. Once an individual has submitted an application for vocational rehabilitation services, including applications made through common intake procedures in one-stop centers under section 121 of the Workforce Innovation and Opportunity Act (WIOA), an eligibility determination must be made within 60 days, unless exceptional and unforeseen circumstances beyond the control of the designated State unit preclude making an eligibility determination within 60 days and counselor and the individual agree to a specific extension of time; or meets the other criteria under 34 CFR 361.41(b) (1) (i-ii).

(1) In those instances of exceptional and unforeseen circumstance beyond the control of DRS, where the eligibility determination is unable to be completed within the time frame identified in (b) of this section. The QVRC, utilizing the electronic case management system, will complete the Extension of Eligibility form documenting the date the eligibility form was completed, the date of expected eligibility determination; along with documentation of the date of when the client and counselor agreed to the extension; unless a decision was made to conduct a Trial Work Experience.

(c)Social Security Administration (SSA) Beneficiaries' Verification. During the initial interview, the VR counselor shall advise applicants for the VR program that individuals who are SSI/SSDI beneficiaries are generally presumed eligible for VR and that verification of the applicant's benefit status is needed. Verification may include a copy of an award letter from SSA, or a Ticket-to-Work as found in 34 CFR 361.42(a) (3) (i-ii).

(d)Application Status. While the client is in this status, the counselor will secure sufficient information to make a determination of eligibility and priority group assignment, determine ineligibility for vocational rehabilitation services, or to make a decision to conduct a Trial Work Experience. The Qualified Vocational Rehabilitation Counselor will determine whether an individual is eligible for vocational rehabilitation services within a reasonable period of time, not to exceed 60 days from the date of application.

(e)Necessary information. The minimum information necessary to initiate an assessment to determine eligibility and priority for services consists of:

(1) individual's name;

(2) reported disability;

(3) individual's address, with finding directions when needed;

(4) individual's social security number, if available; and

(5) availability of documentation of the reported disability.

(f)General Health Checklist. The general health checklist (GHC) is a survey tool used to determine what diagnostic information will be needed to assess an applicant's eligibility or ineligibility. A general health checklist will be completed for each applicant. The counselor/teacher in consultation with the client will decide if purchasing a medical examination is necessary when the GHC indicates the presence of any condition. This decision will be based upon availability of existing medical records, and the reported degree of limitation to employment caused by the condition.

(g)Informed Choice. VR and DSBVI staff must assure that applicants or, as appropriate, their representatives are provided information and support services to assist applicants and recipients of services in exercising informed choice throughout the rehabilitation process in accordance with 34 CFR 361.52.

(1) Informed choice and the provision of vocational rehabilitation services require that communications with persons with disabilities are effective.

(2) DVR staff informs each applicant and recipient of services through appropriate modes of communication about the availability of and opportunities to exercise informed choice. Individuals with cognitive or other disabilities who require assistance in exercising informed choice will be notified that support services are available.

(h)Case recording requirements. Pertinent information from the initial interview and applicant information forms is recorded in a narrative that is placed in the record of service.

(1) Documentation of the process of providing informed choice information and use of appropriate modes of communication is included in the record of service.

(2) The record must document that the applicant or representative was provided an explanation of their due process rights, their rights and responsibilities as an applicant, and given a copy of the CAP handout and approved client handbook.

(3) The record must document that the applicant was given the opportunity to register to vote or change registration when applying for or receiving services, in accordance with the requirements of the National Voter Registration Act of 1993.

Okla. Admin. Code § 612:10-7-22.1

Added at 28 Ok Reg 1832, eff 7-1-11

Amended by Oklahoma Register, Volume 38, Issue 23, August 16, 2021, eff. 8/26/2021

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/11/2022