RSA-227 - Annual Client Assistance Program (CAP) Report

Hawaii (Hawaii Disability Rights Center) - H161A110012 - FY2011

General Information

Designated Agency Identification

NameHAWAII DISABILITY RIGHTS CENTER
Address1132 Bishop Street
Address Line 2Suite 2102
CityHonolulu
StateHawaii
Zip Code96813
E-mail AddressINFO@HAWAIIDISABILITYRIGHTS.OR
Website Addresshttp://www.hawaiidisabilityrights.org
Phone808-949-2922
TTY 808-949-2922
Toll-free Phone1-800-882-1057
Toll-free TTY1-800-882-1057
Fax808-949-2928

Operating Agency (if different from Designated Agency)

NameHAWAII DISABILITY RIGHTS CENTER
Address1132 Bishop Street
Address Line 2Suite 2102
CityHonolulu
Zip Code96813
E-mail AddressINFO@HAWAIIDISABILITYRIGHTS.OR
Website Addresshttp://www.hawaiidisabilityrights.org
Phone808-949-2922
TTY808-949-2922
Toll-free Phone1-800-882-1057
Toll-free TTY1-800-882-1057
Fax808-949-2928

Additional Information

Name of CAP Director/CoordinatorLouis Erteschik
Person to contact regarding reportAnn E. Collins
Contact Person Phone808-949-2922

Part I. Agency Workload Data

A. Information and Referral Services (I&R)

Multiple responses are not permitted.

1. Information regarding the Rehabilitation Act5
2. Information regarding Title I of the ADA0
3. Other information provided0
4. Total I&R services provided (Lines A1+A2+A3)5
5. Individuals attending trainings by CAP staff (approximate)220

B. Individuals served

An individual is counted only once during a fiscal year. Multiple counts are not permitted for Lines B1-B3.

1. Individuals who are still being served as of October 1 (carryover from prior year)23
2. Additional individuals who were served during the year56
3. Total individuals served (Lines B1+B2)79
4. Individuals (from Line B3) who had multiple case files opened/closed this year. (In unusual situations, an individual may have more than one case file opened/closed during a fiscal year. This number is not added to the total in Line B3 above.)3

C. Individual still being served as of September 30

Carryover to next year. This total may not exceed Line I.B3. 17

D. Reasons for closing individuals' case files

Choose one primary reason for closing each case file. There may be more case files than the total number of individuals served to account for those unusual situations, referred to in Line I.B4, when an individual had multiple case files closed during the year.

1. All issues resolved in individual's favor39
2. Some issues resolved in individual's favor (when there are multiple issues)21
3. CAP determines VR agency position/decision was appropriate for the individual1
4. Individual's case lacks legal merit; (inappropriate for CAP intervention)1
5. Individual chose alternative representation0
6. Individual decided not to pursue resolution0
7. Appeals were unsuccessful1
8. CAP services not needed due to individual's death, relocation, etc.0
9. Individual refused to cooperate with CAP2
10. CAP unable to take case due to lack of resources0
11. Other (please explain)

E. Results achieved for individuals

1. Controlling law/policy explained to individual12
2. Application for services completed.4
3. Eligibility determination expedited12
4. Individual participated in evaluation1
5. IPE developed/implemented9
6. Communication re-established between individual and other party20
7. Individual assigned to new counselor/office2
8. Alternative resources identified for individual5
9. ADA/504/EEO/OCR/ complaint made0
10. Other0
11. Other (please explain)

Part II. Program Data

A. Age

As of the beginning of the fiscal year. Multiple responses are not permitted.

1. 21 and under43
2. 22 - 4010
3. 41 - 6425
4. 65 and over1
5. Total (Sum of Lines A1 through A4. Total must equal Line I.B3.)79

B. Gender

Multiple responses not permitted.

1. Female25
2. Male54
3. Total (Sum of Lines B1 and B2. Total must equal Line I.B3.)79

C. Race/ethnicity

1. Hispanic/Latino of any race2
For individuals who are non-Hispanic/Latino only
2. American Indian or Alaskan Native0
3. Asian15
4. Black or African American3
5. Native Hawaiian or Other Pacific Islander39
6. White20
7. Two or more races0
8. Race/ethnicity unknown0

D. Primary disabling condition of individuals served

Multiple responses not permitted.

1. Blindness (both eyes)7
2. Other visual impairments0
3. Deafness2
4. Hard of hearing0
5. Deaf-blind0
6. Orthopedic impairments7
7. Absense of extremities0
8. Mental illness13
9. Substance abuse (alcohol or drugs)0
10. Mental retardation13
11. Specific learning disabilities (SLD)10
12. Neurological disorders8
13. Respiratory disorders0
14. Heart and other circulatory conditions0
15. Digestive disorders0
16. Genitourinary conditions0
17. Speech Impairments0
18. AIDS/HIV positive0
19. Traumatic brain injury (TBI)2
20. All other disabilities17
21. Disabilities not known0
22. Total (Sum of Lines D1 through D21. Total must equal Line I. B3.)79

E. Types of individuals served

Multiple responses permitted.

1. Applicants of VR Program32
2. Clients of VR Program35
3. Applicants or clients of IL Program1
4. Applicants or clients of other programs and projects funded under the Act11

F. Source of individual's concern

Multiple responses permitted.

1. VR agency only65
2. Other Rehabilitation Act sources only8
3. Both VR agency and other Rehabilitation Act sources5
4. Employer1

G. Problem areas

Multiple responses permitted.

1. Individual requests information6
2. Communication problems between individual and counselor11
3. Conflict about services to be provided14
4. Related to application/eligibility process42
5. Related to IPE development/implementation5
6. Other Rehabilitation Act-related problems2
7. Non-Rehabilitation Act related2
8. Related to Title I of the ADA0

H. Types of CAP services provided

Choose one primary CAP service provided for each case file/service record.

1. Information/referral0
2. Advisory/interpretational19
3. Negotiation44
4. Administrative/informal review0
5. Alternative dispute resolution0
6. Formal appeal/fair hearing2
7. Legal remedy0
8. Transportation0

Part III. Narrative

Narrative

a. Type of agency used to administer CAP: Identify the type of agency used to administer the CAP and type of agency operating the CAP, if different. Types of agencies used to administer the CAP include, but are not limited to:

1) external -- P&A;

2) exter¬nal -- other public agency;

3) external -- nonprofit agency;

4) internal to State VR agency (not sub-contracted); and

5) internal to State VR agency (sub-contracted). The Hawaii Disability Rights Center (HDRC) is the designated Protection & Advocacy Agency for the State of Hawaii. It is an external organization and responsible for administering the Client Assistance Program. HDRC is a private, nonprofit agency working independently from the Division of Vocational Rehabilitation; we provide statewide services from three Hawaii regional offices.

b. Sources of funds expended: Specify the total expenditure of funds used in providing services to CAP-eligible individuals according to the source of funding. Provide this information even if the agency’s only source of funding is the Federal formula grant. The following chart is recommended:

Source of funding Total expenditures spent on individuals

Federal funds 124,697

State funds 0

All other funds 0

Total from all sources 124,697

The "all other" category is broad and includes funds from local governments, earned income (e.g., legal fees), charitable contributions, and other grants or contracts. This category does not include in-kind donations. However, it is hoped that CAP agencies will collect this information separately if appropriate.

c. Budget for current and following fiscal years: Be sure to outline the budget for the current and subsequent fiscal years. This item should include a breakdown of dollars expended/allotted for administrative costs (e.g., salaries for personnel, equipment, etc.); and services to individuals and other expenses (e.g., training of staff, travel, etc.). The following chart is recommended:

Category Current Fiscal Year Next Fiscal Year

Wages & Salaries 71,740 79,740

Fringe Benefits(FICA, etc.) 19,470 20,470

Materials/Supplies 600 600

Postage 521 521

Telephone 1,485 1,485

Rent 11,596 11,596

Travel 2,139 2,139

Copying 29 29

Bonding/Insurance 3,020 3,020

Equipment Rental/Purchase 2,144 2,144

Legal Services 0 0

Indirect Costs 0 0

Miscellaneous 11,953 12,437

Total Budget 124,697 134,181

d. Number of person-years: "Person-years" refer to the actual time that positions (both professional and clerical) were filled during the period covered by this annual report. If a position was filled throughout the year, it counts as one person-year. Positions filled for any fraction of the fiscal year should be expressed in "full-time equivalents.” Person-years should be reported for all CAP personnel whose salaries are paid totally or partially by Section 112 funds. Identify the number of person-years staffing CAP this fiscal year. Be sure to include an explanation of the number of full-time, part-time, and vacant positions. Enter the full-time equivalent for all part-time positions. The following chart is recommended:

Type of Position FT equivalent / % Year position filled / Person-years

Professional:

Full-Time 16 100% 1.6

Part-Time 4 100% .2

Vacant 0 0% 0

Clerical:

Full-Time 1 100% . 1

Part-Time 0 0% 0

Vacant 0 0% 0

e. Summary of presentations made: Summarize the types of presentations made about CAP and other rehabilitation programs and projects. Include in the summary an estimate of the number of persons attending the presentations.

CAP made 6 announced and 3 unannounced visits to Vocational Rehabilitation’s (VR) orientations informing 42 potential CAP clients of their rights and the CAP program and monitoring VR applicants during the orientation process.At a statewide meeting of VR Counselors, CAP presented and provided information about how CAP interacts with high school students in transition and the importance of having a transition plan in the student’s Individualized Education Plan (IEP) under IDEA.High priority was given to the issue of students transitioning from public high school to VR. A total of 16 presentations were made to 75 public high school staff responsible for the transition:1. 10/01/10 - Kaimuki H.S. - 5 staff 2. 10/15/10 - Honokaa H.S. - 3 staff 3. 11/01/10 - McKinley H.S. - 5 staff4. 11/02/10 - Pearl City H.S. - 5 staff5. 11/04/10 - Maui H.S. - 4 staff6. 11/05/10 - Campbell H.S. - 5 staff7. 11/15/10 - Leilehua H.S. - 5 staff8. 11/15/10 - Radford H.S. - 5 staff9. 11/15/10 - Roosevelt H.S. - 5 staff10. 12/15/10 - Kaiser H.S. - 5 staff11. 1/12/11 - Kalaheo H.S. - 5 staff12. 4/08/11 - Castle H. S. - 5 staff13. 4/11/11 - Kohala H.S. - 4 staff14. 4/28/11 - Waipahu H.S. - 5 staff15. 7/01/11 - Kapolei H.S. - 4 staff16. 7/01/11 - Kailua H.S. - 5 staffCAP presentations were made to a total of 60 staff at 11 VR branch offices statewide and 9 one-stop centers.F. Involvement with advisory boards: Identify in what ways CAP is involved with advisory boards (e.g., State Rehabilitation Advisory Council, Statewide Independent Living Council, etc.)HDRC continues to serve as an active member on the State Rehabilitation Council (SRC). CAP representation on the SRC pushed hard for accountability and transparency in the following areas:1. There was only one SRC meeting held this past fiscal year where a quorum was established. This was due to non-attendance of appointed members and vacancies on the SRC created, in part, by the State’s requirement that there be a total of 21 members, exceeding the Federal requirement of 15 members. The SRC supported a bill which was submitted to the State Legislature which sought to reduce the number of members and to reduce the number required to have a quorum present. The measure passed both the House and the Senate, but it was vetoed by the Governor in July. However, VR was admonished by both the Legislature and the Executive offices to expedite the number of appointments to the SRC. Consequently, SRC anticipates that there will be no need to re-introduce such legislation this year.2. CAP continually requested an accounting of the status of VR clients who were placed on an “Order of Selection.” VR reported that an estimated 1600 eligible clients were taken off the Priority 1 waitlist of those individuals determined as “Most Severely Disabled.” Additionally, CAP was informed at the SRC meeting that VR intends to serve all Priority 2 (“Severely Disabled”) clients by next fiscal year, leaving only Priority 3 clients left un-served.3. Through the CAP listserv, it was brought to SRC’s attention that VR is required to provide a copy of all hearings and mediations with client names redacted. CAP has requested that this issue be placed on the next SRC agenda. Despite continually requesting this information, VR has not submitted any documents.4. CAP continues to serve on the SRC’s Evaluation and Planning Committee. This year, CAP provided input in VR’s required Consumer Satisfaction Survey.HDRC staff continues to be represented on the State Planning Council on Developmental Disabilities, where VR is also represented by the VR Director. Information is gleaned from the DD Council’s minutes concerning VR, which CAP reviews.g. Outreach to unserved/underserved populations: Identify the strategies used to conduct outreach to and to serve individuals previously unserved or underserved and/or individuals who are members of minority groups. Describe the impact of your outreach efforts, especially in terms of how your outreach efforts have benefited individuals who traditionally have been unserved or underserved. HDRC CAP, through aggressive outreach to unserved/underserved populations, have located and identified the following underserved group for CAP services: A variety of outreach activities were conducted by HDRC throughout the year, a few led to education and training sessions and/or connecting with those underserved populations identified below by HDRC:Micronesian Community ( Pohnpei, Kosrae, Yap, Chuuk, Belieu, Marshall Islands)This year’s emphasis was focused on providing outreach to the Micronesian community, the fastest growing immigrant population in Hawaii. Much of the community outreach was targeted at different “ethnic” neighborhoods where Micronesians live, attend church, and gather daily for recreation and singing during the early evening hours. HDRC staffed tables at various Health Fairs, which have been organized throughout the islands by Ohana Health Care. Locations of these Health Fairs included areas where Micronesians live: Downtown Honolulu, Palolo Valley, Waianae, Waipahu, and near the Honolulu International Airport. Bilingual brochures were made available to two large Micronesian communities, which are primarily Chuukese and Marshallese. The Health Fairs provided services such as vision screening, diabetes screening, and other free medical services to the very medically needy Micronesian population.HDRC’s efforts were also directed at the two major medical facilities providing medical care to Micronesians: Kokua Kalihi Valley Health Center and Kalihi-Palama Health Center. Both of these facilities employ bilingual interpreters, who speak Micronesian languages. Latest statistics indicate that 24% of the clientele at Kokua Kalihi Valley are Micronesians.On the Big Island of Hawaii, HDRC staff provided information (in Chuukese and Marshallese languages) on its services to Micronesians through a local non-profit group called Micronesians United Big Island (MUBI) and Bay Clinic’s Diabetes Warriors Program.Filipino CommunityThe following Filipino organizations were contacted to assist HDRC in disseminating information about its services to Hawaii’s Filipino community: Filipino Community Center, Fil-American Citizens’ League, Filipino Women’s Civic Club, Filipino Women’s League, Hawaii Filipino Women’s Club, Oahu Filipino Community Council, and the Philippine Nurses Association.The great majority of the Filipinos in Hawaii speak Ilocano as their primary language. HDRC attended various Health Fairs to distribute its bilingual brochures in both Ilocano and Tagalog (second language) to the Filipino communities.h. Alternative dispute resolutions: The Act clearly mandates CAPs to engage in mediation (or other forms of alternative dispute resolutions) prior to seeking a formal or legal remedy on behalf of the individual served. Part II-H5 of the Form RSA-227 asks you to identify the number of times your CAP agency engaged in ADR. In addition to that numerical data, be sure to describe, in the Narrative portion of your report, your efforts at engaging in ADR procedures, including how successful (or not successful) your attempts have been and an explanation of why CAP did not engage in ADR prior to seeking a formal or legal remedy. HDRC engaged in no ADR procedures during this fiscal year.i. Systemic advocacy: Describe the systemic advocacy undertaken. Indicate the problems that have been identified in the delivery of VR and independent living services. To the extent possible, detail evidence/documentation that substantiates the problems. Summarize the activities CAP has undertaken to remedy the problems. Outline the State VR agency’s responses to those activities and explain the status of the problems at the close of the fiscal year. As appropriate, provide CAP’s plans for continuing to address the problems during the next fiscal year. 1. Investigation (Other than Death): N/A2. Group Advocacy - non Litigation: N/A3. Court Ordered Monitoring: N/A4. Legislative and Regulatory Advocacy: N/A5. Class Action Litigation: N/Aj. Interesting cases: Describe a few of the more interesting or unique cases that CAP worked on during the fiscal year. Summarize the facts of the case and the activities that CAP undertook or is undertaking to resolve the issues raised by the individual served. Explain whether the case raised systemic or policy-making issues and CAP’s plan to address those issues.GT (Client), a 44-year-old homeless deaf male had applied for and had been found eligible for VR services. However, Client was placed on an Order of Selection waitlist, but he had not been informed of his status. The CAP staff, using a video relay, contacted the VR Deaf Section to request Client’s status. VR indicated that Client had been taken off the waitlist, but they had no way to inform him due to his homeless situation. The CAP staff requested that a VR staff be made available immediately to meet with the Client at their office. The CAP staff transported the Client to the VR office and monitored the meeting. The Client is now involved in “Trial Work Experience.”KA (Client), an 18-year-old autistic female was determined to be ineligible by VR shortly before her assigned VR Counselor retired. Additionally, the Client’s Individualized Education Plan (IEP) stated that following her graduation from public high school she would be transitioned to a sheltered workshop. The CAP staff strongly protested both actions as she was involved in career exploration at McDonalds. She was also a courier in her class and performed a number of work tasks in the classroom. VR reversed their position, found her eligible and Client’s ISP was completed. At school, the term “sheltered workshop” was deleted from Client’s transition plan and changed to “competitive, gainful employment.” The CAP staff further requested that the term “sheltered workshop” should never again be used in an IEP. The Client has since made a major improvement and she is looking for paid, full-time employment after her graduation next year.A E-V and A A-E (Clients), who are homeless sisters (one is 16, the other is 17), each of whom have a severe learning disability and are attending public high school in rural West Oahu. The Clients’ mother contacted CAP at HDRC for assistance with making a referral to VR. The CAP staff participated in Clients’ Individualized Education Plan (IEP) and, in their transition plan, indicated that they would seek employment with assistance from VR. The Clients’ mother completed a referral to VR with assistance from the CAP staff and IPE’s were completed for both sisters, who have indicated that they are looking forward to becoming gainfully employed with the goal of no longer being homeless.k. On-line information/outreach: Describe efforts CAP may have put forth to create a web page or some other on-line means of providing information to the public. Include information about the number of "hits" your on-line site received. Our HDRC/CAP website received an average of 1,313 hits and 161 session per day for a total of 479,394 hits and 58,885 sessions for the year.

Certification

Approved

This Report is Complete and Correct.Yes
Date Signed:28-Dec-11
Name of Designated Agency Official:Louis Erteschik
Title of Designated Agency Official:Acting Executive Director