Okla. Admin. Code § 612:10-7-24.3

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

Section 612:10-7-24.3 - Trial Work Experience

(a)Use of trial work experience . It shall be presumed that an individual can benefit in terms of an employment outcome from vocational rehabilitation services unless clear and convincing evidence demonstrates that the individual is incapable of benefiting in terms of an employment outcome due to the severity of the individual's disability. In making such demonstration, the VR Counselor will explore the individual's capabilities to perform in realistic work settings through the use of trial work experiences with appropriate supports including, but not limited to, assistive technology devices and services and personal assistance services, to accommodate the rehabilitation needs of the individual during the trial work experiences.

(b)Trial work. The trial work experiences shall be provided in competitive integrated employment settings to the maximum extent possible, consistent with the individual's informed choice and rehabilitation needs, and shall be of sufficient variety and duration to determine the eligibility of the individual or to determine the existence of clear and convincing evidence that the individual is incapable of benefiting from VR services in terms of an employment outcome. Cases may not remain in this status more than 18 months. An assessment of the individual's progress is required as frequently as necessary but at least once every 90 days. The assessment will include periodic reports from the institution, facility or person providing the services to determine the results of the provision of such services and to ascertain whether the individual may be determined to be eligible or ineligible. The assessment summary narrative will be recorded in the case file.

(c)Case recording requirements. The counselor will document the case record according to the criteria and recording standards in (1) - (5) of this Subsection.

(1)Justification that a trial work experience is required. It is presumed that an individual can benefit in terms of an employment outcome from vocational rehabilitation services unless clear and convincing evidence demonstrates otherwise. The use of trial work experiences is to be limited solely to those extraordinary situations in which the preponderance of evidence obtained in the normal manner is sufficient to challenge the presumption of benefit due to the severity of the disability. Documentation and case recording must clearly support the determination that this preponderance of evidence exists, and that trial work experience is necessary to make the eligibility determination.

(2)Written plan for trial work experiences . Services related to the trial work experience will be planned by the counselor and individual, or the individual's authorized representative. The trial work experience plan will describe the services necessary to obtain clear and convincing evidence concerning the presumption of benefit.

(3)Termination of trial work experience evaluation - eligible. When an individual is determined to be eligible for services, the case is processed in accordance with DRS policy.

(4)Termination of trial work experience - ineligible. If the trial work experience provides clear and convincing evidence that the individual cannot benefit from vocational rehabilitation services in terms of an employment outcome due to the severity of the disability, the case may be closed as ineligible in accordance with DRS policy. In addition to explaining the individual's right to a review of the determination and the availability of the Client Assistance Program, the counselor will make referrals to other agencies, facilities, or programs as may be appropriate.

(5)Amendments. An amendment to the plan is made stating all new decisions, facts, and planned services not already covered in the original trial work experience plan.

Okla. Admin. Code § 612:10-7-24.3

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

Amended by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 8/27/2015

Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018