(a) As used in these rules the terms or phrase: - (i) "An Hour of Service" is defined as an hour of staff time spent on behalf of a supported employment client providing job placement, situational assessment, and/or job coaching services as defined. If a staff hour is simultaneously provided to more than one client (i.e.: a work crew), this hour will be prorated based upon each client's proportionate use (i.e.: Staff spends one hour in a work crew with 4 clients. Each client receives 15 minutes of this staff hour).
- (ii) "American Indian" means an individual that is a member of an Indian tribe.
- (iii) "Applicant" means an individual who submits a signed application for vocational rehabilitation services but has not yet been certified as eligible for DVR services.
- (iv) "Appraisal of Current Health Status" refers to information that covers the client's medical history and a complete systems review, if one is needed.
- (v) "Appropriate Modes of Communication" means specialized aids and supports that enable an individual with a disability to comprehend and respond to information that is being communicated.
- (vi) "Assistive Technology device" means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of an individual with a disability
- (vii) "Assistive Technology Service" means any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device. This could include an evaluation of the individual with a disability.
- (viii) "Automobile Dealership" means any organization selling vehicles that can be found in the yellow pages and/or that have a tax ID number and dealer plates.
- (ix) "Community Rehabilitation Program" means a program that provides directly or facilitates the provision of vocational rehabilitation services to individuals with disabilities; and that provides services for an individual with a disability to enable the person to maximize opportunities for employment, including career advancement.
- (x) "Client Assistance Program (CAP)" is a federal program initiated under the Rehabilitation of 1973 available to clients, applicants and former clients of the Wyoming Division of Vocational Rehabilitation to identify, explain and resolve any problems a client may be having with their rehabilitation program, or an applicant may be having with the application process.
- (xi) "Comparable Services and Benefits" means services and benefits that are provided or paid for in whole or part, by other Federal, State, or local public agencies, by health insurance, or by employee benefits, and are available to the individual at the time needed to ensure the progress of the individual toward achieving the employment outcome continues, and commensurate to the services that individual would otherwise receive from the DSU.
- (xii) "Competitive Employment" means work in the competitive labor market that performed on a full time or part time basis in an integrated setting and is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals who are not disabled.
- (xiii) "Designated State Agency" (DSA) means the Department of Workforce Services
- (xiv) "Designated State Unit" (DSU) means the Division of Vocational Rehabilitation.
- (xv) "Disability" means, for purposes of Title I services - physical or mental impairment that constitutes or results in a substantial impediment to employment.
- (xvi) "Division" means the Division of Vocational Rehabilitation, Wyoming Department of Workforce Services
- (xvii) "DVR" means the Division of Vocational Rehabilitation.
- (xviii) "Eligible Individual" means an applicant for vocational rehabilitation services who meets the eligibility requirements.
- (xix) "Employment Outcome" means entering or retaining full-time or, an appropriate, part-time competitive employment in the integrated labor market; supported employment; or any other type of employment, including self-employment, telecommuting, or business ownership that is consistent with an individual's strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice.
- (xx) "Extreme medical risk" means a determination by a licensed medical doctor/psychologist that a probability of substantially increasing functional impairment or death if medical services, including mental health services, are not provided expeditiously.
- (xxi) "Extended Employment" means work in a non-integrated or sheltered setting for a public or private nonprofit agency or organization that provides compensation in accordance with the Fair Labor Standards Act. This represents an interim step in the rehabilitation process rather than an end point of that process.
- (xxii) "Extended Services" means ongoing support services and other appropriate services that are needed to support and maintain an individual with a most significant disability in supported employment and that are provided by a State agency, a private nonprofit organization, employer, or any other appropriate resource.
- (xxiii) "Family Member" for the purpose of receiving vocational rehabilitation services, means an individual who is a relative or guardian, lives in the same household, who has a substantial interest in the well being of eligible individual and whose receipt of vocational rehabilitation services is necessary to enable the individual to achieve an employment outcome.
- (xxiv) "Impartial Hearing Officer" means an individual:
- (A) who is not an employee of a public agency (other than an administrative law judge, hearing examiner, or employee of an institution of higher education);
- (B) who is not a member of the State Rehabilitation Council;
- (C) who has not been involved in previous decisions regarding the vocational rehabilitation of the applicant or client;
- (D) who has knowledge of the delivery of vocational rehabilitation services, the State Plan under Section 101, and the federal and state rules governing the provision of such services and training with respect to the performance of official duties;
- (E) who has no personal or financial interest that would be in conflict with the objectivity of the individual; and
- (F) an individual shall not be considered to be an employee of a public agency solely because the individual is paid by the agency to serve as a hearing officer.
- (xxv) "Independent Living Core Services" means:
- (A) information and referral services;
- (B) independent living skills training;
- (C) peer counseling (including cross-disability peer counseling); and
- (D) individual and systems advocacy.
- (xxvi) "Individual with a disability" means an individual:
- (A) who has a physical or mental impairment;
- (B) whose impairment constitutes or results in a substantial impediment to employment; and
- (C) who can benefit in terms of an employment outcome from the provision of vocational rehabilitation services.
- (xxvii) "Individual with a Significant Disability" means an individual:
- (A) who has a significant physical or mental impairment which seriously limits one or more functional capacities (such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome;
- (B) whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time; and
- (C) who has one or more physical or mental disabilities resulting from amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, mental retardation, mental illness, multiple sclerosis, muscular dystrophy, musculo-skeletal disorder, neurological disorders (including stroke and epilepsy), paraplegia, quadriplegia and other spinal cord conditions, sickle-cell anemia, specific learning disabilities, end-stage renal disease, or another disability or combination of disabilities determined on the basis of an assessment for determining eligibility and vocational rehabilitation needs to cause comparable substantial functional limitation.
- (D) Additional and Substantial Functional Limitations Include:
- (I) Inability to make use of public transportation unassisted or inability to travel independently in unfamiliar area;
- (II) Inability to perform sustained work activity for six hours or more;
- (III) Disfigurement or deformity so pronounced as to cause social rejection;
- (IV) Speech or communication skills that are unintelligible to non-family members, or inability to understand normal speech with or without a hearing aid, or inability to interpret printed material as used in normal correspondence without use of adaptive aids;
- (V) Inability to climb one flight of stairs or walk 100 yards on the level without pause;
- (VI) Loss of manual dexterity or eye/hand coordination sufficient that he/she is unable to fasten buttons, wind a watch, or write intelligibly;
- (VII) Emotionally incapable of tolerating the stress of normal competitive employment;
- (VIII) Intellectually or physically limited to closely supervised, highly structured employment; and
- (IX) Demonstrated marked restriction of daily activities, constriction of interests, deterioration in personal habits, and impaired ability to relate to other people.
- (xxvii) "Individual with the Most Significant Disability" means an individual:
- (A) The individual must have an impairment or impairments which, singly or in combination, are significant;
- (B) The individual must be seriously limited from achieving an employment outcome due to significant functional loss in two or more of the functional capacities;
- (C) The individual must need at least two core vocational rehabilitation services* to address the functional losses imposed by the significant impairment(s) in order to attain an employment outcome; and
- (D) Whose vocational rehabilitation can be expected to require at least 18 months to complete.
*Core vocational rehabilitation services includes all vocational rehabilitation services other than supportive services (maintenance, transportation, services to family members, and personal assistance services); services secondary to core vocational rehabilitation services, such as training materials and supplies when training is being provided as a core vocational rehabilitation service; or, generalized counseling, guidance, and placement which are provided during the vocational rehabilitation process in connection with the provision of vocational rehabilitation services but are not identified as a needed vocational rehabilitation services on the IPE.
All clients that have an active Individualized Plan for Employment (IPE) will be served until that IPE is completed.
- (xxviii) "Individual with a Significant Disability" as used in the Independent Living Program means an individual with a significant physical or mental impairment whose ability to function independently in the family or community, or whose ability to obtain, maintain or advance in employment is substantially limited, and for whom the delivery of independent living services will improve the ability to function, continue functioning, or move towards functioning independently in the family or community, or to continue in employment.
- (xxix) "Individual's Representative" means any representative chosen by an applicant or eligible individual, as appropriate, including a parent, guardian, other family member, or advocate, unless a representative has been appointed by a court to represent the individual.
- (xxx) "Individualized Plan for Employment (IPE)" or "Rehabilitation Plan" means a program mutually developed by a qualified Rehabilitation Counselor and an eligible client, or as appropriate, the eligible client's parent, guardian, or other representative, which defines the client's vocational goal and outlines the vocational rehabilitation objectives and services necessary to achieve that goal.
- (xxxi) "Informed Choice" means the counselor, through vocational guidance and counseling, will provide pertinent information to the client so he/she can make appropriate decisions affecting his/her rehabilitation program.
- (xxxii) "Integrated Work Setting:"
- (A) With respect to the provision of services, means a setting typically found in the community in which applicants or eligible individuals interact with non-disabled individuals other than non-disabled individuals who are providing services to those eligible individuals;
- (B) With respect to an employment outcome, means a setting typically found in the community in which the individual interacts with non-disabled individuals other than non-disabled individuals who are providing services to those eligible individuals, to the same extent that non-disabled individuals in comparable positions interact with other persons.
- (xxxiii) "Job coaching" means services that are needed to support and maintain an individual on the job after employment is obtained, such as:
- (A) intensive on-the-job skills training and other training provided by skilled job trainers, co-workers, and other qualified individuals;
- (B) provision of follow-up services, including regular contact with employers, trainees with the most severe disabilities, parents, guardians or other representatives of trainees, and other suitable professional and informed advisors in order to reinforce and stabilize the job placement;
- (C) regular observations or support of individuals with the most severe disabilities at the work site;
- (D) contact with co-workers to develop on-the-job natural supports; or
- (E) other on-going support services as defined which are necessary to achieve job stabilization.
- (F) These services are based on an assessment by the DVR counselor of the individual's needs.
- (xxxiv) "Job Development/Placement" are services that are needed to identify the most suitable employment outcome for significantly and most significantly disabled individuals, and to help determine necessary on the job supports, such as:
- (A) meeting with the client, parent, and significant others to discuss issues such as job preferences, job aptitudes, past work experiences, and to develop a plan for job development;
- (B) contact with employers regarding job possibilities for a specific client, completion of job site surveys, or job analysis regarding the appropriateness of employment sites;
- (C) accompanying a client on an employer visit for the purpose of job exploration or a job interview;
- (D) staffing regarding an individual client in the job development process;
- (E) providing services such as job clubs, job shadowing, or career counseling which support the development of an appropriate vocational goal; and
- (F) other on-going support services as defined which are necessary to achieve job placement.
- (G) These services are based upon an assessment by the DVR counselor of the individual's needs.
- (xxxv) "Maintenance" means monetary support to an eligible individual for expenses, such as food, shelter and clothing, that are in excess of the normal expenses of the individual and are necessitated by the individuals participation in an assessment for determining eligibility and vocational rehabilitation needs or the individuals receipt of services under an individualized plan for employment.
- (xxxvi) "Ongoing Support Services" means services:
- (A) needed to support and maintain individuals with the most significant disabilities in supported employment;
- (B) provided at least twice monthly:
- (I) to make an assessment, regarding the employment situation, at the worksite of each individual in supported employment, or, under special circumstances, especially at the request of the client, off site; and
- (II) based on the assessment, to provide for the coordination or provision of specific intensive services, at or away from the worksite, that are needed to maintain employment stability; and
- (C) consisting of:
- (I) particular assessment supplementary to the comprehensive assessment;
- (II) the provision of skilled job trainers who accompany the individual for intensive job skill training at the worksite;
- (III) job development and placement;
- (IV) social skills training;
- (V) regular observation or supervision of the individual;
- (VII) follow-up services such as regular contact with the employers, the individuals, the parents, family members, guardians, advocates: or
- (VIII) representatives of the individuals, and other suitable authorized professional and informed advisors, in order to reinforce and stabilize the job placement; and
- (IX) facilitation of natural supports at the worksite.
- (xxxvii) "Other agency or organization" means any individual, group of individuals, private or public entity that provides information to Vocational Rehabilitation requiring a release of information.
- (xxxviii) "Personal Assistance Services" means a range of services provided by one or more persons designed to assist an individual with a disability to perform daily living activities on or off the job that the individual would typically perform if the individual did not have a disability. Such services shall be designed to increase the individual's control of their life and ability to perform everyday activities on or off the job.
- (xxxix) "Physical and Mental Restoration" means corrective surgery or therapeutic treatment that is likely, within a reasonable period of time, to correct or modify substantially a stable or slowly progressive physical or mental impairment that constitutes a substantial impediment to employment.
- (xl) "Qualified Counselor" means an individual who meets the criteria to be able to sit for the Certified Rehabilitation Counselor (CRC) examination.
- (xli) "Rehabilitated" means a client has been:
- (A) determined to be eligible;
- (B) provided an assessment for determining eligibility and vocational rehabilitation needs and counseling and guidance as essential vocational rehabilitation services;
- (C) provided appropriate and substantial vocational rehabilitation in accordance with the individualized plan for employment (IPE); and
- (D) determined to have achieved and maintained suitable employment for at least 90 days.
- (xlii) "Rehabilitation Technology" means the systematic application of technologies, engineering methodologies, or scientific principles to meet the needs of and address the barriers confronted by individuals with disabilities in areas that include education, rehabilitation, employment, transportation, independent living, and recreation. This term includes rehabilitation engineering, assistive technology devices, and assistive technology services.
- (xliii) "Significant Contact" with clients occurs when information pertinent to the vocational rehabilitation process is shared between the client and the VR representative in face to face, written or verbal form.
- (xliv) "Substantial Impediment to Employment" means that a physical or mental impairment (in light of attendant medical, psychological, vocational, educational, and other related factors) that hinders an individual's occupational performance, by preventing his preparing for, obtaining or retaining employment consistent with the individual's capacities and abilities.
- (xlv) "Supported Employment" means competitive work in integrated work settings or employment in integrated work settings in which individuals are working toward competitive work consistent with the strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the individuals with the most significant disabilities:
- (A) for whom competitive employment has not traditionally occurred; or
- (B) who, because of the nature and severity of their disability, need intensive supported employment services.
- (xlvi) "Supported Employment Services" means on-going support services and other appropriate services needed to support and maintain an individual with most significant disability in supported employment that are:
- (A) For a period of time not to exceed 18 months unless under special circumstances the eligible individual and the VR counselor agree to extend the time to achieve an employment outcome and; if wages are paid to the client the wages must be paid through another party so DVR isn't the employer. Paid work experiences should be short term at a low wage.
- (B) Following transition, as post employment services that are unavailable from an extended services provider and are necessary to maintain or regain the job placement or advancement in employment.
- (xlvii) "Trial Work Experiences" means work experiences including supported employment, on the job training and other experiences using realistic work settings. Work experience arrangements do not have an expectation of employment like an OJT.
- (xlviii) "Transition Services" means a coordinated set of activities for a student, designed within an outcome-oriented process that promotes movement from school to post school activities, including post secondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation. The coordinated set of activities shall be based upon the individual student's needs, taking into account the student's preferences and interests, and shall include instruction, community experiences, the development of employment and other post school adult living objectives, and, when appropriate, acquisition of daily living skills and functional vocational evaluation.
- (xlix) "Transitional Employment" as used in the Supported Employment Program, means a series of temporary job placements in competitive work in an integrated work setting with on-going support services for individuals with the most significant disabilities due to mental illness. In transitional employment, the provision of on-going support services must include continuing sequential job placements until job permanency is achieved.
- (l) "Transportation" means travel and related expenses that are necessary to enable an applicant or eligible individual to participate in a vocational rehabilitation service.