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

Kentucky (KENTUCKY CLIENT ASSISTANCE PROGRAM) - H161A120018 - FY2012

General Information

Designated Agency Identification

NameKentucky Client Assistance Program
Address275 E. Main Street
Address Line 22nd Floor
CityFrankfort
StateKentucky
Zip Code40621
E-mail Addressvanessa.denham@ky.gov
Website Addresshttp://kycap.ky.gov
Phone502-564-8035
TTY
Toll-free Phone800-633-6283
Toll-free TTY
Fax502-564-1566

Operating Agency (if different from Designated Agency)

NameKentucky Client Assistance Program
Address275 E. Main Street
Address Line 22nd Floor
CityFrankfort
Zip Code40621
E-mail Addressvanessa.denham@ky.gov
Website Addresshttp://kycap.ky.gov
Phone502-564-8035
TTY
Toll-free Phone800-633-6283
Toll-free TTY
Fax502-564-1566

Additional Information

Name of CAP Director/CoordinatorGerry Gordon-Brown
Person to contact regarding reportVanessa Denham
Contact Person Phone502-564-8035

Part I. Agency Workload Data

A. Information and Referral Services (I&R)

Multiple responses are not permitted.

1. Information regarding the Rehabilitation Act1
2. Information regarding Title I of the ADA0
3. Other information provided92
4. Total I&R services provided (Lines A1+A2+A3)93
5. Individuals attending trainings by CAP staff (approximate)156

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)21
2. Additional individuals who were served during the year35
3. Total individuals served (Lines B1+B2)56
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.)0

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 favor13
2. Some issues resolved in individual's favor (when there are multiple issues)7
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 resolution1
7. Appeals were unsuccessful0
8. CAP services not needed due to individual's death, relocation, etc.0
9. Individual refused to cooperate with CAP8
10. CAP unable to take case due to lack of resources0
11. Other (please explain)

1 - other case due to consumer not having an active case with OVR since 2010. Advocate advised consumer to re-apply for services.

E. Results achieved for individuals

1. Controlling law/policy explained to individual12
2. Application for services completed.2
3. Eligibility determination expedited0
4. Individual participated in evaluation1
5. IPE developed/implemented18
6. Communication re-established between individual and other party0
7. Individual assigned to new counselor/office0
8. Alternative resources identified for individual2
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 under8
2. 22 - 4029
3. 41 - 6418
4. 65 and over1
5. Total (Sum of Lines A1 through A4. Total must equal Line I.B3.)56

B. Gender

Multiple responses not permitted.

1. Female28
2. Male28
3. Total (Sum of Lines B1 and B2. Total must equal Line I.B3.)56

C. Race/ethnicity

1. Hispanic/Latino of any race0
For individuals who are non-Hispanic/Latino only
2. American Indian or Alaskan Native0
3. Asian0
4. Black or African American9
5. Native Hawaiian or Other Pacific Islander0
6. White47
7. Two or more races0
8. Race/ethnicity unknown0

D. Primary disabling condition of individuals served

Multiple responses not permitted.

1. Blindness (both eyes)11
2. Other visual impairments3
3. Deafness3
4. Hard of hearing2
5. Deaf-blind0
6. Orthopedic impairments9
7. Absense of extremities0
8. Mental illness18
9. Substance abuse (alcohol or drugs)1
10. Mental retardation0
11. Specific learning disabilities (SLD)3
12. Neurological disorders1
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)4
20. All other disabilities0
21. Disabilities not known0
22. Total (Sum of Lines D1 through D21. Total must equal Line I. B3.)56

E. Types of individuals served

Multiple responses permitted.

1. Applicants of VR Program8
2. Clients of VR Program47
3. Applicants or clients of IL Program1
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 only55
2. Other Rehabilitation Act sources only1
3. Both VR agency and other Rehabilitation Act sources0
4. Employer0

G. Problem areas

Multiple responses permitted.

1. Individual requests information0
2. Communication problems between individual and counselor24
3. Conflict about services to be provided46
4. Related to application/eligibility process4
5. Related to IPE development/implementation2
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/referral6
2. Advisory/interpretational23
3. Negotiation5
4. Administrative/informal review0
5. Alternative dispute resolution1
6. Formal appeal/fair hearing0
7. Legal remedy0
8. Transportation0

Part III. Narrative

Narrative

a. Type of agency used to administer CAP:

KyCAP operates as an independent state agency external to programs providing services under the Rehabilitation Act. KyCAP is currently attached to the Office of Legal Services under the Education Cabinet’s Office of the Secretary. Therefore, KyCAP is identified as an external — other public agency.

b. Sources of funds expended: The chart below demonstrates our source of funding:

Source of funding Total expenditures spent on individuals Federal funds $141,443 State funds 0 All other funds 0 Total from all sources $141,443 c. Budget for current and following fiscal years: The following chart represents expenditures for federal fiscal year October 1, 2011 through September 30, 2012 of $141.443.

Category Current Fiscal Year Next Fiscal Year Wages & Salaries 88,827 93,268 Fringe Benefits (FICA, unemployment, etc.) 38,729 40,665 Materials/Supplies 2,269 3,000 Postage 186 2,200 Telephone 773 1,200 Rent 3,920 4,500 Travel 5,985 10,000 Copying 0 0 Bonding/Insurance 0 0 Equipment Rental/Purchase 400 1,500 Legal Services 0 1,000 Indirect Costs 0 1,500 Miscellaneous 354 563 Total Budget 141,443 159,396

Due to needed CAP trainings, traveling expenses, mandatory yearly increments for staff, continuously-rising health care expenses, high gas prices, and federal funding cuts, KyCAP has very few carryover dollars for FY2014. More federal funds are needed to keep KyCAP from eliminating essential training and travel, including travel to meet with clients.

d. Number of person-years: KyCAP services were provided by two (2) full-time staff. These were Director and Program Coordinator.

Type of position Full-time equivalent % of year position filled Person-years Professional Full-time 1 1 100% 100% 1 1 Part-time Vacant Clerical Full-time Part-time Vacant

e. Summary of presentations made:

During this fiscal year, the KY CAP Program staff was invited to make presentations to approximately 156 individuals. The Director of the KY CAP was a presenter for a group of persons who were blind or visually impaired at our local School for the Blind in Louisville, KY and approximately 20 people attended to hear about service provided by our CAP program. Our Program Coordinator, Vanessa Denham presented information on KY CAP to our 5 Independent Living Centers around the Commonwealth of Kentucky.

f. Involvement with advisory boards:

Board meetings, council meetings and advisory meetings are held quarterly throughout the year.

The KY CAP director participated in the KY Licensing Board of Directors for Specialists in Hearing Instruments. As a board member I represent the interests of consumers like myself who wears hearing aids. I also assisted with reviews of the application process for licensing of audiologists as well helping to supervise during state exams.

The CAP director participated on the Deaf and Hard of Hearing Advisory Committee for Mental Health Services. One of the major concerns is the needs of consumers who are deaf and hard of hearing as pointed in our Biennial Report. At this particular time we are attempting to address those needs.

Vanessa Denham, our Program Coordinator continues to represent our KY CAP program on both the KY Office for Vocational Rehabilitation‘s Statewide Council and their Interagency Coordination Committee (ICC). She also participates on the Public, Advocacy, and Legislation Committee. In October, she traveled along with other representatives of the Council to attend the United States Business Leadership Network (USBLN) to assist in obtaining information so that the Council can begin the creation of a Kentucky chapter of the USBLN.

The CAP director continues to participate on KY Office for the Blind’s State Rehabilitation Council. I am a member of two committees - the Planning Committee of which I am the chair and the Consumer Services Committee. The Planning Committee is responsible for advising the agency in the development, review and analysis of all planning activities and processes. Our committee will make recommendations to the Council for their review and action. The Consumer Services Committee will assist in the review, analysis and development of policy and procedures as it relates to direct consumer services within the Office for the Blind, including the Charles McDowell Rehabilitation Center for the Blind.

As of July 18-20, 2012 I have participated in my final National Disability Rights Network (NDRN) Board of Directors meeting that was held in Philadelphia, PA. I worked extensively with Region IV members to advocate for an independent CAP representative. We have been successful with our recommendation for Vanessa Denham, our KY CAP Program Coordinator to be selected as one of the new board members. She will assist in representing Region IV and our independent Client Assistance Programs such as KY CAP. Vanessa attended her first National Disability Rights Network (NDRN) board meeting in Nevada on October 15, 2012.

June 4-7, 2012 Vanessa and I participated in our annual P & A/CAP conference in Baltimore, MD. The theme for the conference consisted of two topics Devaluing of People with Disabilities and the Empowering of People with Disabilities. In our communities and on the local, state, and national levels persons with disabilities continue to be harassed, bullied, and segregated to name a few situations. As advocates we continue to move forward and empower people with disabilities by networking, improved and new resources and with advances in technology.

g. Outreach to unserved/underserved populations:

KY CAP staff on January 19, 2012 participated in a luncheon titled Releasing Ex-Offenders into our Communities-A Faith-Based Response. The presenter was Rev. Dean Bucalos, pastor of the Luther Luckett Correctional Complex Christian Church. He also works with Mission Behind Bars and Beyond, a re-entry ministry and teaches courses on social justice at two local universities.

The KY CAP director wrote a detail letter to the Rehabilitation Services Administration to nominate Vanessa Denham, our KY CAP Program Coordinator to be nominated to participate as a member of the Prime Study Group for the 38th. Institute on Rehabilitation Issues (IRI). Vanessa was selected and she has participated in all meetings thus far. The Prime Study Group topic is Serving Traditional Underserved Populations. The IRI membership and responsibility has been both an honor and an opportunity for Vanessa to work collaboratively with consumers and professionals. There are a total of three face-to-face meetings and two meetings have been completed in Little Rock, Arkansas. The final meeting was held at the end of October, 2012.

On January 24, 2012 our staff attended the 16th. Annual Race and Relations Conference sponsored by the Louisville Metro Human Relations Commission. It was also a 50th Anniversary Celebration Then & Now (1962-2012):Where Do We Go From Here? Workshops, presentations and the Commission‘s goals is to seek and promote unity, understanding and equal opportunity while eliminating all forms of bigotry, bias and hatred from our community.

In February a counselor for the KY Office of Vocational Rehabilitation called the CAP office and asked that the director to share her experiences with one of his clients who choose a vocational goal as disability advocate. We felt that there were few paid or official jobs as disability advocate, but that the job of an advocate would be in addition to the job she would be hired for. The counselor had done some research on the internet and found that there was such a job as a disability advocate according to the federal government, but the government did give an alternative position of vocational rehabilitation counselor, thus this became her vocational goal. As director I did spend time with this client and shared my experience. The client was satisfied with our meeting and she asked if she could do field work with our agency and permission was granted.

From September 5-7, 2012 our staff participated in the Kentucky Rehabilitation Association 2012 Training Conference. The theme of the conference was Rehab Renewed with emphasis on renewing commitment to assisting individuals with disabilities to reach their goals.

From September 18-19, 2012 KY CAP Staff attended the 2012 Kentucky Office for the Blind Assistive Technology (AT) EXPO and Conference. The theme of the conference was 2012 AT Odyssey A New Vision. This conference provided us with the most current and valuable assistive technology information to assist person with disabilities, especially the visually impaired in both our personal and professional lives.

On April 26, 2012 the KY CAP director participated in a one day event called the Celebration of Disabilities Expo at a local exposition center. During my participation I spoke with many families and consumers about our services and answered their questions about the KY Client Assistance Program. I also obtained two CAP cases from this Expo.

Vanessa and I participated in the 2012 Autism Institute from June 18-20 sponsored by the Kentucky Autism Training Center held at our local University of Louisville. The theme of the Institute was Putting the Pieces Together Through Collaboration: Bridges to a Brighter Future. The number of individuals diagnosed with autism spectrum disorders continues to rise nationally and in Kentucky as stated by the Training Center. As advocates we must become better prepared to meet the needs and provide appropriate supports for our family members and clients.

Kentucky CAP Staff also participated in the 51st. Biennial National Association of the Deaf Conference held from July 3-7, 2012 in Louisville, KY. The theme of the conference was Nothing About Us, WITHOUT US! The theme emphasized being inclusive and that persons who are deaf must be involved in any discussion and decision making process. The feeling was that for too long the decisions about the rights and future of people who are deaf have been made without their input or have been made without them being involved in major aspects of daily living such as going to college or getting a job and this method must come to an end forever.

Kentucky CAP Staff joined other advocates and consumers to help the Kentucky Protection and Advocacy celebration of the ADA and our voting rights. The theme of the event on August 22 was Accessing Your Power: A celebration of the ADA and your voting Rights. The program for the event included a wonderful overview of the basics of the ADA by our KY ADA Coordinator and a presentation regarding the Help America Voting Act. There were also stories from a Self-Advocate Panel and how they became involved in the voting process.

h. Alternative dispute resolutions:

In February, 2012 our KY CAP Program Coordinator was an advocate for a mediation for a client of the KY Office for the Blind because the agency refused to grant our client’s request for payment of tuition in order to meet his employment goals. It was necessary for our immediate supervisor to make a request to the KY Office of the Attorney General for appointment of counsel to represent our CAP client. The appointed counsel was selected to represent our CAP client for any administrative remedies he was seeking, including the pending mediation and any possible administrative action. The appointed counsel was very successful in winning the case in the client’s favor.

i. Systemic advocacy:

In the early part of February, 2012 KY CAP staff made a visit the Hugh Edward Sandefur Training Center, Inc (HESTC), a Sheltered workshop and Community Rehabilitation Program located in Henderson, KY. Clients are referred to HESTC by the KY Office of Vocational Rehabilitation, KY Office for the Blind, the Department for Workers Claims or Supported Community Living and/or another Medicaid Waiver Programs. Our visit was prompted due to major concerns with consumers who were referred to the HESTC Center by the KY Office of Vocational Rehabilitation. It appeared that the referral process was in question and OVR consumers were being denied services by the HESTC Center. Time was being lost during the HESTC referral process only for OVR clients to be denied admission for services. We met with the program staff and reviewed our concerns as advocates for future clients to HESTC. Since that meeting and prior phone calls and many emails it appears that the problems and concerns have been resolved to everyone’s satisfaction and there has been no recent denial of admission for services to OVR clients.

j. Interesting cases:

The following are representations of our KY CAP cases this fiscal year:

Case 1. Client is 45 years of age with a disability of bi-polar and major back problems. She needed financial assistance to reach her goals as a nurse practitioner and registered nurse. We were able to work together as a team: client, OVR counselor and KY CAP advocate and client successfully completed all of her classes, and she received her RN license. All issues were resolved in client’s favor. She is now gainfully employed as a nurse practitioner.

Case 2. Client is 26 years of age with a disability of quardriplegic due to an accident. His case with the KY Office of Vocational Rehabilitation was not moving forward. He was a graduate student majoring in social work who was waiting for his approval for driver’s training, van modifications, and a power wheel chair. A KY CAP advocate was successful in moving his case forward. Eventually in a short period of time, client was able to complete his driver’s training and get his license. Next on his list was dealing with the issues for his request for van modifications and a power chair. We had to make sure that the power chair was a good fit for such high tech driving equipment. These issues were resolved and our client was approved for van modifications for his new van and he received his new power chair. He has almost completed his graduate classes and he has been offered a job in the Human Resource field at a local Rehab Center.

Case 3. Client is 54 years of age with disability of deafness. He wanted to become a photographer. We had a team meeting and added an amendment to his IEP. A local photographer with a studio was located and the KY Office of Vocational Rehabilitation paid for photography classes. He completed his training and at the annual KY Rehab Association Conference my client was presented with the Personal Achievement Award for his outstanding level of motivation and performance in training. He was a joy to work with.

Case 4. Client is 20 years of age with a disability of Tetraamelia (no arms or legs). She requested financial assistance for van modifications. First, she needs to purchase a van before her present van is very old and it has many frequent repair problems. At the present time her grandmother drives her to and from college. In efforts to assist her with the purchase of a new van I encouraged her participation in the month of May’s National Mobility Awareness Month. A local company was giving away a minimum of three customized wheelchair accessible vehicles: a Chrysler, Town & Country, Honda, Odyssey and a Toyota, Sienna. Client composed her story and explained her need for a new van. The van company wanted to locate three outstanding local heroes from around the Commonwealth of Kentucky, and states of Indiana and Tennessee. Our KY CAP client was one of the semi-finalists, but she did not win; however, since this time she has completed her training for her driver’s license.

Case 5. Client is 39 years of age with a disability of legally blind in both eyes. She needed continued financial support to complete her Bachelor Degree and move forward on her Master’s Degree with a vocational goal to become a vocational counselor for the blind. The major problems were conflict about services to be provided and communication between client and counselor. Client successfully completed her undergraduate degree and is presently enrolled in a Master’s program. Communication between client and counselor has greatly improved.

Case 6. Client is 23 years of age with a disability of Retinitis Pigmentosa. Client requested our assistance with his mediation because the Ky Office for the Blind refused to grant his request for payment of tuition in order to meet his employment goals; therefore, since the CAP staff is a non-legal advocate, she contacted our supervisor to request counsel from the KY Office of the Attorney General. She then worked directly with client and attorney throughout the mediation process and they were very successful in winning the case in the client’s favor. Client is now attending college, working part-time and living independently.

Case 7. Client is 23 years of age with a disability of Asperger’s Syndrome. Client wanted to transfer to another university to continue his education, but the counselor for the KY Office of Vocational Rehabilitation insisted that he had completed his program at the rehabilitation center and would not agree to his transfer or financial support. However, after client contacted CAP and the advocate reviewed his case it was found that he had not completed his program and was eligible to transfer his credits to a state university. So, after several meetings, client was granted the transfer; as well as, additional financial assistance. Client is now continuing his education and working on his vocational goals.

Case 8. Client is 21 years of age with multiple disabilities, including Autism. Client was referred to us by our Kentucky Protection and Advocacy agency because his case with the KY Office of Vocational Rehabilitation was not moving and the agency was trying to include him in the economic needs testing due to him living with his parents. After consultation and review of the guidelines, the CAP advocate found that he was exempt from the testing due to him being a SSI/SSDI recipient; as well as, due to him having his own living quarters in his parents’ home. However, after that was resolved the agency then claimed they did not have any supported employment providers in the area where the client lived; therefore, they could not provide these services to him. But, after doing research client’s mother and advocate found other options that could help client meet his goals and become employed; which in turn, required the KY Office of Vocational Rehabilitation to assist him with the other options. Client is now employed part-time with supports, volunteering at local businesses and living independently .

k. On-line information/outreach:

1. KY CAP Brocheures mailed - 420 2. Information on Diskette or Audio - 5 3. Other-Braille & Large Print - 20

Certification

Approved

This Report is Complete and Correct.Yes
Date Signed:17-Dec-12
Name of Designated Agency Official:Gerry Gordon-Brown
Title of Designated Agency Official:Director