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

Indiana (INDIANA P and A SERVICES) - H161A110015 - FY2011

General Information

Designated Agency Identification

NameIndiana Protection and Advocacy Services
Address4701 N. Keystone Ave.
Address Line 2Suite 222
CityIndianapolis
StateIndiana
Zip Code46205
E-mail Addresssbeecher@ipas.in.gov
Website Addresshttp://www.in.gov/ipas
Phone317-722-5555
TTY 317-722-5563
Toll-free Phone1-800-622-4845
Toll-free TTY1-800-838-1131
Fax317-722-5564

Operating Agency (if different from Designated Agency)

Name
Address.
Address Line 2
City
Zip Code
E-mail Address
Website Address
Phone
TTY
Toll-free Phone
Toll-free TTY
Fax

Additional Information

Name of CAP Director/CoordinatorSue Beecher
Person to contact regarding reportSue Beecher
Contact Person Phone800-622-4845

Part I. Agency Workload Data

A. Information and Referral Services (I&R)

Multiple responses are not permitted.

1. Information regarding the Rehabilitation Act124
2. Information regarding Title I of the ADA1
3. Other information provided60
4. Total I&R services provided (Lines A1+A2+A3)185
5. Individuals attending trainings by CAP staff (approximate)0

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)13
2. Additional individuals who were served during the year64
3. Total individuals served (Lines B1+B2)77
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.)2

C. Individual still being served as of September 30

Carryover to next year. This total may not exceed Line I.B3. 9

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 favor15
2. Some issues resolved in individual's favor (when there are multiple issues)41
3. CAP determines VR agency position/decision was appropriate for the individual5
4. Individual's case lacks legal merit; (inappropriate for CAP intervention)0
5. Individual chose alternative representation0
6. Individual decided not to pursue resolution3
7. Appeals were unsuccessful2
8. CAP services not needed due to individual's death, relocation, etc.0
9. Individual refused to cooperate with CAP4
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 individual56
2. Application for services completed.0
3. Eligibility determination expedited2
4. Individual participated in evaluation0
5. IPE developed/implemented7
6. Communication re-established between individual and other party2
7. Individual assigned to new counselor/office2
8. Alternative resources identified for individual0
9. ADA/504/EEO/OCR/ complaint made0
10. Other1
11. Other (please explain)

No result due to client’s lack of cooperation-1

Part II. Program Data

A. Age

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

1. 21 and under9
2. 22 - 4024
3. 41 - 6437
4. 65 and over7
5. Total (Sum of Lines A1 through A4. Total must equal Line I.B3.)77

B. Gender

Multiple responses not permitted.

1. Female31
2. Male46
3. Total (Sum of Lines B1 and B2. Total must equal Line I.B3.)77

C. Race/ethnicity

1. Hispanic/Latino of any race0
For individuals who are non-Hispanic/Latino only
2. American Indian or Alaskan Native0
3. Asian1
4. Black or African American16
5. Native Hawaiian or Other Pacific Islander0
6. White60
7. Two or more races0
8. Race/ethnicity unknown0

D. Primary disabling condition of individuals served

Multiple responses not permitted.

1. Blindness (both eyes)4
2. Other visual impairments4
3. Deafness5
4. Hard of hearing12
5. Deaf-blind0
6. Orthopedic impairments10
7. Absense of extremities0
8. Mental illness16
9. Substance abuse (alcohol or drugs)0
10. Mental retardation4
11. Specific learning disabilities (SLD)10
12. Neurological disorders4
13. Respiratory disorders1
14. Heart and other circulatory conditions0
15. Digestive disorders0
16. Genitourinary conditions0
17. Speech Impairments0
18. AIDS/HIV positive0
19. Traumatic brain injury (TBI)1
20. All other disabilities6
21. Disabilities not known0
22. Total (Sum of Lines D1 through D21. Total must equal Line I. B3.)77

E. Types of individuals served

Multiple responses permitted.

1. Applicants of VR Program31
2. Clients of VR Program46
3. Applicants or clients of IL Program0
4. Applicants or clients of other programs and projects funded under the Act0

F. Source of individual's concern

Multiple responses permitted.

1. VR agency only76
2. Other Rehabilitation Act sources only0
3. Both VR agency and other Rehabilitation Act sources1
4. Employer0

G. Problem areas

Multiple responses permitted.

1. Individual requests information3
2. Communication problems between individual and counselor1
3. Conflict about services to be provided44
4. Related to application/eligibility process28
5. Related to IPE development/implementation1
6. Other Rehabilitation Act-related problems0
7. Non-Rehabilitation Act related0
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/referral1
2. Advisory/interpretational63
3. Negotiation4
4. Administrative/informal review0
5. Alternative dispute resolution0
6. Formal appeal/fair hearing0
7. Legal remedy2
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.

Indiana Protection and Advocacy Services is an external protection and advocacy agency.

b) Sources of funds expended: Specify the total expenditures 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 $216,373 State funds -0- All other funds -0- Total from all sources $216,373

c) Budget for current and following fiscal years: Be sure to outline the budget for the current and subsequent 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 staff, travel, etc.) The following chart is recommended:

Category Current Fiscal Year Next Fiscal Year Wages/salaries $116,448 $133,321 Fringe benefits (FICA, unemployment, etc.) 45,301 51,865 Materials/Supplies 8,013 9,175 Contracts/Leases 3,773 4,320 Travel 7,266 8,318 Equipment Rental/Purchases 686 786 Indirect costs 2,126 2,434 Utilities 759 869 Telecom/state charges 4,616 5,285 $188,988 $216,373

d. Number of person-years: "Person years" refers 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 for 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 Full-time equivalent %of year position filled Person years

Professional Full-time 2.5 100% 2.5 Part-time N/A Vacant N/A Clerical Full-time .5 100% .5 Part-time N/A Vacant N/A

e. Summary of presentations and/or exhibits made

Sixty-seven presentations and exhibits reaching 24,991 individuals were completed during fiscal year 2011. CAP continues to focus outreach efforts toward transition aged individuals and exhibited at ten transition fairs. CAP staff also completed sixteen presentations at facilities that provide sheltered employment and other segregated work options. All presentations and the number of attendees are listed below.

DATE EVENT NUMBER OF ATTENDEES 10/4/2010 Friends Self-Advocacy Group 68 10/5/2010 Allen County Transition Fair 50 10/7/2010 Change Makers 57 10/7/2010 Life Adult Day Academy 30 10/8/2010 Indiana VR Counselors — Indianapolis 15 10/25/2010 Bartholomew Schools Transition Fair 185 10/25/2010 Work Incentives Seminar — Vincennes 4 10/26/2010 SICIL Independent Living Center 4 11/1/2010 Westside Secondary Transition Council Fair 125 11/5/2010 Partners in Policy Making 37 11/9/2010 ARC of Indiana Annual Conference 300 11/17/2010 Work Incentives Seminar - New Albany 15 11/22/2010 Greater Lafayette Services Transition Fair 100 12/3/2010 Indiana VR Counselors — Lafayette 11 12/6/2010 Governor’s Planning Council Annual Conf. 469 12/10/2010 Grant County Disabi 5 1/27/2011 Work Incentives Seminar — Corydon 12 1/28/2011 Indiana VR Counselors — Indianapolis 15 2/18/2011 Work Incentives Seminar — Rockport 10 2/23/2011 Bosma Enterprises 9 3/4/2011 Vanderburgh School Corp. Transition Fair 50 3/8/2011 Lake County Transition Conference 200 3/10/2011 Hamilton Mental Health Center — Indianapolis 20 3/18/2011 Self Advocates of Indiana 60 3/18/2011 Normal Life Self Advocates 33 3/21/2011 Passages 18 3/21/2011 Midtown Mental Health Center — Indianapolis 9 3/22/2011 Indianapolis Public Schools 23 3/24/2011 Four Rivers Community Rehabilitation Center - Washington 22 3/24/2011 Four Rivers Community Rehabilitation Center — Lyons 40 3/24/2011 Work Incentives Seminar — Indianapolis 60 3/25/2011 Decatur County Transition Fair 10 3/25/3011 DSI Bedford Sheltered Workshop 50 3/26/2011 Down Syndrome Family Connection Abilities Fair 400 3/30/2011 Anthony Wayne Services — Scipio 18 3/30/2011 DSI Scipio Sheltered Workshop 29 3/31/2011 Work Incentives Seminar — Bloomington 25 4/1/2011 Partners in Policy Making 25 4/13/2011 PATINS (assistive technology) Conference 450 4/13/2011 Anthony Wayne Services — Indianapolis 25 4/19/2011 Work Incentives Seminar — Petersburg 15 5/5/2011 Work Incentives Seminar — Indianapolis 22 5/7/2011 Disability Expo 1107 6/10/2011 Work Incentives Seminar — Salem 30 7/22/2011 Work Incentives Seminar — North Vernon 15 8/5/2011 Leland Low Vision Support Group 15 8/11/2011 Self Advocates of Indiana 120 8/22/2011 Indianapolis Public Schools and Perry Township Transition Carnival 20000 8/29/2011 Goodwill Industries 16 8/30/2011 Indiana Annual Transition Forum 200 9/6/2011 Comprehensive Mental Health Center Lawrenceburg 15 9/7/2011 Low Vision Support Group — Connersville 7 9/7/2011 Midtown Mental Health Center — Indianapolis 30 9/14/2011 Midtown Mental Health Center — Indianapolis 25 9/15/2011 Stonebelt — Bedford Sheltered Workshop 50 9/15/2011 Stonebelt — Columbus Sheltered Workshop 20 9/16/2011 Stonebelt — Bloomington Sheltered Workshop 60 9/19/2011 Comprehensive Mental Health Center Batesville 16 9/20/2011 Tangram — Indianapolis 30 9/20/2011 Independent Living Center of East Central Indiana 10 9/21/2011 Indianapolis Public Schools Psychology Staff 31 9/21/2011 Self Advocates of Southern Indiana 12 9/22/2011 Normal Life Self Advocates 20 9/22/2011 New Horizons Rehabilitation Center 15 9/27/2011 Putnam County Comprehensive Services Sheltered Workshop 45 9/27/2011 DSI Terre Haute Sheltered Workshop 40 9/29/2011 Work Incentives Seminar — Shelbyville 15

In addition to the aforementioned presentations and exhibits, the following numbers of informational brochures and newsletters were distributed:

CAP brochures (English, Spanish, and Braille) 1,112 IMPACT newsletter 998 Agency wide brochures 2,160 Segregated and Exploited reports 329 Toll Free Resource directory 787

f. Involvement with advisory boards The CAP coordinator continues to participate as a member of the Indiana Commission on Rehabilitation Services and serves as the chairperson for the subcommittee on policy and procedure. This subcommittee continues to provide input on proposed changes to policies and practices that will affect beneficiaries seeking employment and careers. On June 17, 2011, CAP provided comments on the Indiana Vocational Rehabilitation Services’ (VR) "draft" policy, Chapter 530 "POSTSECONDARY TRAINING." VR provided a response to CAP on August 24, 2011, indicating that the agency had considered and adopted a majority of the comments. Those comments adopted into the VR policy included: merit based scholarships will not be considered as a comparable benefit; additional mileage will be provided for a student if the residence is closed for holidays or mid-term reasons; deletion of a prohibition on paying for tutoring services for individuals with learning disabilities; and removal of a restriction of thirty minutes only of tutoring per every hour of in-class instruction. VR also scheduled and conducted public hearings as CAP had determined that the rules were not promulgated in accordance with federal or state law. CAP sent a second letter on September 19, 2011, reiterating the comments previously provided but not adopted by VR.

g. Outreach to unserved/underserved populations Transition booklets were completed for three school corporations in early 2011: West Central Indiana Special Services Cooperative, Lake Central School Corporation, and Madison Area Special Services. Over 6,200 copies were distributed to parents and students in these school corporations. Three additional school corporations; Crown Point, Kokomo, and Madison Area Special Services, were identified and booklets were developed. Transition booklets were printed and distributed to the Kokomo Area Special Education Cooperative and South Central Area Special Education Cooperative in July of 2011. The transition booklets for Crown Point have been printed and 2,000 copies will be distributed within that school district in October of 2011. These publications will provide those students aged fourteen years and older with much needed transition information to assist them in making decisions regarding their future schooling or employment.

CAP continues to prioritize outreach events in areas where the largest populations of individuals with disabilities from diverse ethnic and racial communities are present. Two examples of such outreach from this report period are the Lake County Transition Fair which was held on March 8, 2011, and had 320 attendees and, the “Back to School Celebration” sponsored by the Indianapolis Public Schools (IPS) and Perry Township Schools in Indianapolis held on August 22, 2011, with 20,000 attendees. The IPS metropolitan school district serves the highest percentage of students who are African American and Asian while the Lake County school corporations serve the highest percentage of students who are Hispanic.

h. Alternative dispute resolution Although statistics for the year reflect no cases resolved via "alternative dispute resolution" services, there were eight cases involving requests for administrative hearings which were successfully settled by the Client Assistance Program (CAP) via informal methods. The Indiana CAP program always seeks to exhaust all less formal methods of resolution in relationship to any client’s issue with VR and other associated projects under the Federal Rehabilitation Act of 1973, as amended. The CAP advocates and attorneys thoroughly research alleged rights violations and can provide VR with information from either the law or policies that support the position of both CAP and the client. CAP always provides information during this process to the client on his or her rights under the VR process.

i. Systemic advocacy

CAP provides each individual with a satisfaction survey at the time of case closure. Eleven individuals returned their completed surveys documenting a 97% satisfaction rate for services received.

j. Interesting cases

Case 1

“Connie” is a thirty-nine year old individual who contacted IPAS in May of 2010 after receiving a letter from Indiana Vocational Rehabilitation Services (VR) documenting that her case was being closed due to a lack of communication. Connie had been a client with VR since June of 2009. She had an individual plan of employment (IPE) containing the services of computer technology and mobility training. She had not received these services, in part, due to the fact that her case had been transferred from one VR office to another approximately thirty miles away. She had been able to make contact on two occasions with her newly assigned VR Counselor after the case transfer but then received no further communication with the agency. She contacted IPAS with a request for information about and assistance with the appeals process. IPAS completed fact finding and coordinated a conference call between the VR Counselor, VR Area Supervisor, and Connie. During this call several reasons for the failed communication were identified. One particular issue was that VR had communicated with Connie via written correspondence even though her disability prevented her from being able to read her mail. It was also determined that although VR had failed to communicate consistently with Connie, she had also failed to inform them of a change in her phone service status and contact information. VR agreed to reopen Connie’s case and provide her with those services identified in her IPE. She, in turn, provided them with her updated contact information including an alternate phone number to allow VR to contact her. VR agreed that any correspondence they mailed to Connie would be followed by a phone call from her VR Counselor to confirm knowledge and understanding of the contents. VR agreed to provide Connie with reading software which will scan her mail. All parties agreed to keep in touch and alert the other to any changes. IPAS provided Connie with information regarding her rights under the Rehabilitation Act of 1973, as amended. As a result of IPAS intervention, VR is better able to serve Connie and she has an increased appreciation of the need for consistent communication with her VR Counselor as well as her responsibilities as an individual receiving VR services.

Case 2 “Carrie” contacted IPAS on September 18, 2009 after receiving a case closure letter from Indiana Vocational Rehabilitation Services (VR). She had been a client with VR for over four years and originally sought training and certification to become a drug and alcohol addictions counselor. VR had agreed to pay for the training but not the certification process so Carrie had changed her vocational goal to “chaplain” and this was reflected on an individual plan of employment developed in 2006. When Carrie questioned the case closure and requested an appeal of the decision, she was assigned a new VR Counselor. This new Counselor refused to honor the 2006 IPE with the vocational goal of “chaplain” and containing the services of tuition, books, and supplies for certification in a chaplaincy program, vocational guidance and counseling, Spanish language classes, and internet connection for her computer. IPAS determined that the 2006 IPE was still valid and should be implemented. VR agreed to honor the IPE and Carrie’s choice of vocation. IPAS also provided Carrie with information on her previously defaulted school loan and what steps she could take to reinstate her eligibility for federal financial aid. Carrie’s IPE was updated to reflect her revised choice of theology schools as well as all needed supports and services. At the time of case closure Carrie had begun her schooling to become a chaplain.

Case 3

“Terri” was a forty-six year old individual employed as a quality assurance coordinator for a provider of residential services for individuals with disabilities. Terri contacted IPAS regarding the closure of her case with Indiana Vocational Rehabilitation Services (VR). She had applied for services, was found to be eligible, and developed an individual plan of employment (IPE) in conjunction with VR in late 2009. Communication with her VR counselor then became sporadic and in February of 2010 her case was abruptly closed. Terri continued to have an ongoing need for VR supports and services so as to maintain her employment, specifically a customized wheelchair, and therefore requested IPAS assistance. IPAS determined that VR had not followed the appropriate policies and procedures in closing Terri’s case by not consulting with her prior to the closure and in failing to provide the required written notice including her right to appeal this decision. IPAS convinced VR to reopen Terri’s case and assign it to a different VR Counselor. Her IPE was updated and she received the customized wheelchair she needed. Terri also received a driver’s evaluation and training, as well as hand controls for her current vehicle. Terri continues to be employed due to the efforts of IPAS.

Case 4

“Victoria” has worked many years as a flight attendant. Victoria applied for services from Indiana Vocational Rehabilitation Services (VR) to allow her to maintain her employment. Specifically she needed hearing aids to continue her work with the airlines. The VR counselor found her ineligible for services and Victoria requested an appeal of that decision. Victoria contacted IPAS and requested assistance with her administrative hearing. IPAS determined that although her hearing assessment scores did not fall within the VR criteria for provision of hearing aids, she did have a hearing loss in her left ear. This was worsened by the fact that Victoria also experienced tinnitus, a condition that causes continual ringing in the ears. IPAS determined that Victoria’s job requires quality hearing at all times. She works in a noisy environment caused by engine noise, galley equipment, and passenger voices. Additionally, with the threat of terrorism activities, she must be alert to any suspicious activity and able to communicate with her co-workers in a clear and concise manner. Victoria must be able to act quickly during an emergency and adequate hearing is essential for her to be able to perform effectively. IPAS provided this information to Victoria’s VR counselor who utilized it in reviewing the initial eligibility decision. The VR counselor reversed her initial decision of ineligibility and Victoria received the hearing aids necessary to maintain employment as a flight attendant.

k. On-line information/outreach

The IPAS website, www.in.gov/ipas, received 65,701 hits during the past fiscal year. Secondary navigation areas and specific informational content continue to be developed to further refine and complete this agency website.

Certification

Approved

This Report is Complete and Correct.Yes
Date Signed:09-Nov-11
Name of Designated Agency Official:Thomas Gallagher
Title of Designated Agency Official:Executive Director