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

Hawaii (Hawaii Disability Rights Center) - H161A120012 - FY2012

General Information

Designated Agency Identification

Address1132 Bishop Street
Address Line 2Suite 2102
Zip Code96813
Website Address
TTY 808-949-2922
Toll-free Phone1-800-882-1057
Toll-free TTY1-800-882-1057

Operating Agency (if different from Designated Agency)

Address1132 Bishop Street
Address Line 2Suite 2102
Zip Code96813
Website Address
Toll-free Phone1-800-882-1057
Toll-free TTY1-800-882-1057

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 Act11
2. Information regarding Title I of the ADA0
3. Other information provided0
4. Total I&R services provided (Lines A1+A2+A3)11
5. Individuals attending trainings by CAP staff (approximate)149

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)18
2. Additional individuals who were served during the year63
3. Total individuals served (Lines B1+B2)81
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. 21

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 favor49
2. Some issues resolved in individual's favor (when there are multiple issues)6
3. CAP determines VR agency position/decision was appropriate for the individual1
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 unsuccessful0
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 individual6
2. Application for services completed.13
3. Eligibility determination expedited10
4. Individual participated in evaluation0
5. IPE developed/implemented20
6. Communication re-established between individual and other party7
7. Individual assigned to new counselor/office0
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 under53
2. 22 - 4010
3. 41 - 6417
4. 65 and over1
5. Total (Sum of Lines A1 through A4. Total must equal Line I.B3.)81

B. Gender

Multiple responses not permitted.

1. Female29
2. Male52
3. Total (Sum of Lines B1 and B2. Total must equal Line I.B3.)81

C. Race/ethnicity

1. Hispanic/Latino of any race0
For individuals who are non-Hispanic/Latino only
2. American Indian or Alaskan Native0
3. Asian11
4. Black or African American0
5. Native Hawaiian or Other Pacific Islander2
6. White24
7. Two or more races44
8. Race/ethnicity unknown0

D. Primary disabling condition of individuals served

Multiple responses not permitted.

1. Blindness (both eyes)5
2. Other visual impairments0
3. Deafness0
4. Hard of hearing0
5. Deaf-blind0
6. Orthopedic impairments2
7. Absense of extremities0
8. Mental illness17
9. Substance abuse (alcohol or drugs)0
10. Mental retardation16
11. Specific learning disabilities (SLD)12
12. Neurological disorders3
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 disabilities24
21. Disabilities not known0
22. Total (Sum of Lines D1 through D21. Total must equal Line I. B3.)81

E. Types of individuals served

Multiple responses permitted.

1. Applicants of VR Program42
2. Clients of VR Program32
3. Applicants or clients of IL Program2
4. Applicants or clients of other programs and projects funded under the Act5

F. Source of individual's concern

Multiple responses permitted.

1. VR agency only72
2. Other Rehabilitation Act sources only6
3. Both VR agency and other Rehabilitation Act sources5
4. Employer0

G. Problem areas

Multiple responses permitted.

1. Individual requests information4
2. Communication problems between individual and counselor5
3. Conflict about services to be provided13
4. Related to application/eligibility process43
5. Related to IPE development/implementation15
6. Other Rehabilitation Act-related problems2
7. Non-Rehabilitation Act related1
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/interpretational24
3. Negotiation37
4. Administrative/informal review0
5. Alternative dispute resolution0
6. Formal appeal/fair hearing0
7. Legal remedy0
8. Transportation0

Part III. Narrative


Part III. 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) external -- 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 $134,472

State funds 0

All other funds 0

Total from all sources $134,472

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 75,074 75,074

Fringe Benefits (FICA, etc.) 22,123 22,123

Materials/Supplies 692 692

Postage 722 722

Telephone 1,855 1,855

Rent 12,664 12,664

Travel 1,700 1,700

Copying 29 29

Bonding/Insurance 3,451 3,451

Equipment Rental/Purchase 5,810 3,531

Legal Services 0 0

Indirect Costs 0 0

Miscellaneous 12,005 12,005

Total Budget 134,472 132,193

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


Full-Time 13 100% 1.3

Part-Time 4 100% .4

Vacant 0 0% 0


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.

During this fiscal year, CAP made a total of 80 presentations to an estimated total of 1300 individuals, including:

Presentations were made to 9 public schools to special education teachers on Transition Plans for special education students and requirements. 57 teachers were trained.

CAP held 12 trainings to 55 staff at One-Stop Centers, DVR units, and employment agencies on client rights under the Rehabilitation Act.

4 trainings, one each, to 50 participants at the National Federation for the Blind conference in Honolulu, Aloha Independent Living Hawaii(5 staff), and two DVR branches (one to 5 staff on the Big Island of Hawaii and one to 6 staff on Oahu), on Rehabilitation Act entitlements.

CAP presented to 68 individuals to agencies in Hawaii providing Independent Living services: Hawaii Centers for Independent Living (also an Employer Network), Aloha Independent Living Hawaii, Lanakila Pacific IL services.

A presentation to 20 individuals was made to clients served by Signs of Self, an Independent Living Program for the Deaf, at Honolulu Community College. Issues covered CAP and employment, housing discrimination, and SSI and SSDI benefits and the appeals process. Other agencies at the presentation included the State Disability Access Board and Lawyers for Equal Justice. Issues ranged from employment and housing discrimination to SSI and SSDI benefits and the appeal process.

A CAP presentation was given to 20 participants at the Ho’oikaika project on Oahu, a peer mentoring project serving youth with traumatic brain injuries.

50 individuals at the state Office of Community Services participated in a CAP presentation to bring about awareness of the program to the agency.

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.).Representing the State Advisory Board, CAP provided input regarding RSA’s compliance review for Hawaii State Division of Vocational Rehabilitation and Services for the Blind Division (VRSBD). On March 6th, a teleconference was held with CAP and RSA for its input. The final FY2012 Monitoring Report for VRSBD was provided to CAP and SRC.

CAP continues to be an active participant at SRC meetings:

Representing the State Advisory Board, CAP provided input regarding RSA’s 5 year, onsite monitoring review for the Vocational Rehabilitation and Services for the Blind Division (VRSBD), which took place April 9th-13th. On March 6th, a teleconference was held with CAP and RSA for its input. CAP participated in the entrance interview, but was not informed of the exit interview. The final FY2012 Monitoring Report for VRSBD was provided to CAP and SRC.

The CAP representative proposed, and the SRC unanimously approved, a resolution to support a bill, HB2415 HD2 SD1, Relating to Medicaid, that establishes a joint task force to assist the department of human services in the development and implementation of a Medicaid buy-in program for working individuals with disabilities. The bill passed and signed into law by the Governor.

The SRC, with CAP support, passed a motion to support SB127. Related to the establishment of a comprehensive deaf center. The measure passed the Legislature and was signed into law by the Governor.

CAP served on the SRC’s Research and Planning Committee, which recommended priorities for the Comprehensive Needs Assessment were adopted and submitted to Pacific Research and Rehabilitation Training Center to conduct a survey as required under the Rehabilitation Act in accordance for the VR State Plan.

CAP expressed concern about the status of the Hawaii Centers for Independent Living (HCIL), a Community Rehabilitation Program (CRP) and an Employer Network (EN). It was reported that the agency serving persons with disabilities had been temporarily closed in August and September, 2011, due to lack of funds. It was also reported that HCIL is under both an RSA and State plan of corrective action. On August 19, 2012, the Agency, again, shut down due to lack of funding.

CAP continues to actively monitor the VRSBD’s Order of Selection wait list. The most recent status report was that Category 1, Most Significantly Disabled (MSD) has been open for over a year and now has no wait in this category. Approximately 609 on wait list are in Category 2, Severely Disabled (SD) and Category 3, non-Significantly Disabled (NSD).

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.

Serving the underserved in Hawaii by Dwight Ovitt - Advocate

For background let me share a little of my history that gives me an edge in working with our underserved populations. In 1967-69 I served in the Peace Corps in Micronesia as both an agricultural extension agent and vocational agricultural teacher on the island of Saipan. I worked extensively with the youth and lived in a village where cross cultural marriages were common. When I completed the Peace Corps I became the legal guardian of a 16 year old boy who was of mixed ancestry and the eldest son of a family of 10. I entered graduate school at the University of Hawaii in 1970, East West Center, and attended school with many minority folks from many Pacific nations. I learned to communicate in several languages including Japanese, Samoan, and Pidgin spoken by natives in Hawaii. I continued working with Micronesians who attended college. I returned to Micronesia for a year teaching on Kosrae. Married an educator from the Philippines and fathered two children of mixed ethnicity.

For 30 years I volunteered with the Job Corps and specialized assisting Micronesians in settling in Hawaii from 1976-1996. By this time about 30,000 Micronesians had settled in Hawaii. Many who came to Hawaii came with no jobs, places to live, or money, so many became homeless. Due to limited abilities to speak English many has become a very challenged population to receive services via Hawaii Disability Rights Center. Following retirement I returned to HDRC to provide Outreach Advocacy to several underserved populations that include the Chuukese, Marshallese, Filipinos residents and latinos who have recently immigrated to Hawaii.

This past year my focus on reaching the underserved populations has been through Medical clinics that specialize with these populations. Providing training to staff of these clinics especially the bilingual interpreters has made connections much more effective. Health fairs located in areas where our underserved populations live has been quite effective as well. One health fair was located at Kuhio Park Terrace that is the primary housing for Chuukese in Kalihi. Another was organized by a church near the airport and the church bused in Micronesians and provided clothes, free haircuts, and food. This was a very effective fair as well with attendance in excess of 800. Planning meetings sponsored by the Office of Community services brought many immigrant providers together including bilingual staff. Many of these meetings included meals so the underserved populations were likely to attend. Some innovative ways to connect with our Micronesian residents was done at bus stops and on buses as most of this population gets around by bus. Due to my familiarity with how many of the Micronesians dress I was able to pick them out of crowds at bus stops. Sporting events in public parks between Micronesian communities was another way to meet Micronesians. Churches and specialized events for Micronesians such as an Ethnic studies presentation at the University of Hawaii brought together several hundred Micronesians who were students at various colleges.

Two different medical clinics service the bulk of Micronesians as they employ over 20 bilingual staff that make communication between doctor and client more effective. The two centers are Kokua Kalihi Valley and Kalihi Palama Health Center. Both are located close to where the bulk of Chuukese and Marshallese live. Since both these centers receive federal funds to support the clinics, serving Micronesians is much easier. They also provide services to the homeless shelters; the Institute of Human Services and Next Step. Bilingual brochures regarding services provided by HDRC are left in our medical clinics so Micronesians and Filipinos are able to read about our services and learn ways of accessing these services.

Employment agencies such as the One Stop Centers and Goodwill have also been an effective way of getting bilingual brochures into the hands of our underserved populations.

During this next year I hope to get Micronesian parents of special education children together to offer some training regarding services their children can receive that include transition services, understanding the IEP, how to be effective with the teachers and administrative staff, and accessing assistive technology for their children. I will attempt to do this at the schools where their children are being educated and maybe include school staff where appropriate.

I hope to get to Maui and the Big Island and meet with Micronesian parents as well. Staff member Chris Cholas, of Hilo has developed a strong connection with Micronesians in East Hawaii so I will coordinate outreach through him. Due to a large population of Micronesian students at the University of Hawaii in Hilo I will attempt to utilize their assistance as interpreters for Micronesian families. It has come to my attention that a growing population of Micronesians has moved into the Waimea area with many children in the public schools in the area. These efforts are directed the island of Hawaii oftentimes referred to the Big Island.

Work on Oahu will continue with medical clinics including the Waikiki Health Center that places homeless families in the Next Step shelter in Kakaako. I will also make visits with the Waianae Comprehensive Health Center where a growing population of Micronesians have recently settled. Continued attendance at health fairs where Micronesians live and visits to Public Housing projects where many Micronesian families live. Continued visits with churches serving the Micronesian community and events targeting this population will be done.

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.


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):


2. Group Advocacy - non Litigation:

CAP staff collaborated with the State Council on Developmental Disabilities (DDC), along with the Division of Vocational Rehabilitation (DVR) and the Department of Education (DOE) on developing a framework for a cooperative agreement on transition planning for high school students.

CAP collaborated with the DDC, DVR, DOE and the Center for Disability Studies to submit an application for a federal grant for transition planning and coordination between the agencies.

CAP staff conducted outreach to un-served and underserved communities to identify IDEA-eligible children to introduce them to CAP and transition planning. Outreach efforts to public high schools included a total of 18 public high schools, statewide, to 68 individuals.

CAP staff outreached the Micronesian population at a “Micronesian Connection” event in Honolulu, held at McKinley High School, in which 200 attended.

The Samoan community was outreached to 50 individuals at the Kuhio Park Terrace Community Room in Kalihi, Oahu, to raise awareness of CAP and for referrals to assist in the Individual Education Plan (IEP) process.

CAP was a participant at the Wahiawa Health Fair, held at Leilehua High School, where 200 individuals attended, in an effort to outreach to the Filipino community in Central Oahu.

3. Court Ordered Monitoring: N/A

4. Legislative and Regulatory Advocacy: N/A

5. Class Action Litigation: N/A

j. 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.

A.L. is a female who is blind, experienced a stroke and had a diagnosis of depression, contacted CAP for assistance with her IPE. She had been living in a care home and was receiving VR services from the Ho’opono VR Services for the Blind Division. She needed independent living (IL) services. Although VR agreed to the services, the client experienced difficulty in receiving these services from both community rehabilitation programs. Through coordination with VR and CAP, A.L. successfully transitioned from the care home to her own apartment in the least restrictive setting. She now is planning to be gainfully and competitively employed.

K.W. is an 18 year-old male who has autism. He was transitioning from High School to employment data entry technician. A CAP advocate was requested to participate in his transition IEP prior to his graduation. The meeting was a collaborative effort and involved the school’s IEP team, the Department of Health’s Developmental Disabilities Division Case Manager, the DVR Counselor, and CAP. At the transition meeting , the VR Counselor agreed to include, in K.W.’s IPE, skills instructor services, immediately following his graduation from high school as these services would no longer be provided by the school. However, the VR Counselor was terminated from employment following the meeting, which could potentially affect the client’s transition needs. The VR supervisor, when contacted, stated that the VR counselor did not state the agreed-to services in writing. Another meeting took place at the client’s home with the same agencies and the CAP advocate was successful in obtaining agreement to provide the skills trainer services. As a result, the client was able to dramatically increase from 4,000 to 8,500 keystrokes per hour, with the goal of 10,000 keystrokes per hour for entry-level employment. The client’s parents were very supportive of the CAP advocate’s involvement.

The parents of M.Z., a 17 year-old male who has an intellectual disability, requested CAP’s help with their son’s transitioning plan in his Individualized Education Plan (IEP) and would soon be exiting out of school. The CAP advocate reviewed the IEP and found that there was no transition plan in place. The assigned CAP advocate, after obtaining the father’s consent, participated in M.Z.’s IEP meeting and requested that the school, through its Memorandum of Agreement between the Department of Education and VR, make the referral to VR. M.Z. was found eligible for VR services and an Individual Plan for Employment (IPE) was completed. The IPE included independent living skills training, participation in a work readiness program and supplies required for the program. The CAP advocate also coordinated case management services with the Department of Health’s Developmental Disabilities Division to include a personal assistant with M.Z. beyond VR’s short-term services following placement in competitive employment that pays a livable wage. Parents expressed their satisfaction as a result of assistance through CAP.

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 1,227 hits per day for a total of 449,406 for the year.



This Report is Complete and Correct.Yes
Date Signed:27-Dec-12
Name of Designated Agency Official:Louis Erteschik
Title of Designated Agency Official:Executive Director