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

Hawaii (Hawaii Disability Rights Center) - H161A130012 - FY2013

General Information

Designated Agency Identification

NameHAWAII DISABILITY RIGHTS CENTER
Address1132 Bishop Street
Address Line 2Suite 2102
CityHonolulu
StateHawaii
Zip Code96813
E-mail Addressinfo@hawaiidisabilityrights.org
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.org
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 x204

Part I. Agency Workload Data

A. Information and Referral Services (I&R)

Multiple responses are not permitted.

1. Information regarding the Rehabilitation Act16
2. Information regarding Title I of the ADA0
3. Other information provided0
4. Total I&R services provided (Lines A1+A2+A3)16
5. Individuals attending trainings by CAP staff (approximate)206

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)22
2. Additional individuals who were served during the year68
3. Total individuals served (Lines B1+B2)90
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. 25

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 favor54
2. Some issues resolved in individual's favor (when there are multiple issues)10
3. CAP determines VR agency position/decision was appropriate for the individual2
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 CAP1
10. CAP unable to take case due to lack of resources0
11. Other (please explain)

n/a

E. Results achieved for individuals

1. Controlling law/policy explained to individual9
2. Application for services completed.15
3. Eligibility determination expedited13
4. Individual participated in evaluation17
5. IPE developed/implemented12
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)

n/a

Part II. Program Data

A. Age

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

1. 21 and under46
2. 22 - 4023
3. 41 - 6420
4. 65 and over1
5. Total (Sum of Lines A1 through A4. Total must equal Line I.B3.)90

B. Gender

Multiple responses not permitted.

1. Female35
2. Male55
3. Total (Sum of Lines B1 and B2. Total must equal Line I.B3.)90

C. Race/ethnicity

1. Hispanic/Latino of any race3
For individuals who are non-Hispanic/Latino only
2. American Indian or Alaskan Native0
3. Asian19
4. Black or African American1
5. Native Hawaiian or Other Pacific Islander8
6. White21
7. Two or more races38
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. Deafness2
4. Hard of hearing0
5. Deaf-blind0
6. Orthopedic impairments1
7. Absense of extremities0
8. Mental illness23
9. Substance abuse (alcohol or drugs)0
10. Mental retardation9
11. Specific learning disabilities (SLD)17
12. Neurological disorders5
13. Respiratory disorders0
14. Heart and other circulatory conditions1
15. Digestive disorders0
16. Genitourinary conditions0
17. Speech Impairments0
18. AIDS/HIV positive1
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.)90

E. Types of individuals served

Multiple responses permitted.

1. Applicants of VR Program49
2. Clients of VR Program34
3. Applicants or clients of IL Program0
4. Applicants or clients of other programs and projects funded under the Act10

F. Source of individual's concern

Multiple responses permitted.

1. VR agency only71
2. Other Rehabilitation Act sources only9
3. Both VR agency and other Rehabilitation Act sources12
4. Employer1

G. Problem areas

Multiple responses permitted.

1. Individual requests information1
2. Communication problems between individual and counselor9
3. Conflict about services to be provided18
4. Related to application/eligibility process47
5. Related to IPE development/implementation13
6. Other Rehabilitation Act-related problems1
7. Non-Rehabilitation Act related4
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. Negotiation43
4. Administrative/informal review1
5. Alternative dispute resolution0
6. Formal appeal/fair hearing0
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) 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 $124,204State funds 0All other funds 0Total from all sources $124,204

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 71,041 75,074Fringe Benefits (FICA, etc.) 21,913 22,123 Materials/Supplies 789 692 Postage 636 722 Telephone 1,788 1,855 Rent 11,619 12,664 Travel 5,018 1,700 Copying 0 29 Bonding/Insurance 3,300 3,451 Equipment Rental/Purchase 3,134 3,531 Legal Services 760 0 Indirect Costs 0 0 Miscellaneous 7,853 12,005 Total Budget 127,852 132,193

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-yearsProfessional: Full-Time 14 100% 1.4 Part-Time 4 100% .4 Vacant 0 0% 0Clerical: 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.

This year, a primary goal was to educate and train Special Education teachers and Transition teachers of the Client Assistance Program (CAP) with the goal of each eligible student having an appropriate Transition Plan for their Individual Education Program and 504 Plan to ensure a smooth transition from high school to post-secondary education or directly into employment with services provided through the Division of Vocational Rehabilitation (DVR). This year, there were several new transition teachers in the Department of Education, as well as new DVR staff and a new DVR administrator. HDRC advocates closely monitor IEP meetings where DVR is included in the student’s transition plan to ensure that their rights to VR services are followed. Also, as students are taken off the Priorities One and Two, that is, the most significantly disabled (MSD, Priority 1)) and significantly disabled (SD, Priority 2), HDRC CAP staff work with the DOE staff and the student and family members to assure VR involvement in establishing eligibility. It is , therefore, essential for CAP staff to monitor this process. This year, presentations on CAP were made to 15 High Schools to 62 transition teachers and Special Education teachers, including:

Castle High School Campbell High SchoolFarrington High SchoolKailua High SchoolKaiser High SchoolKalani High School Kapolei High School Kealakehe High SchoolKekaulike High SchoolLeilehua High SchoolMaui High School McKinley High School Moanalua High SchoolMolokai High SchoolWaiakea High School CAP held 16 training s to 89 staff at One-Stop Centers DVR units, and employment agencies on client rights under the Rehabilitation Act, including:

DVR Oahu BranchWorkWise KauaiDVR KapoleIi BranchWaipahu Unemployment OfficeMaui WorkForce Development centerOahu WorkLinksDVR Ho’opono Services for the BlindWorkWise Hawaii 9Big Island)Waipahu Work LinksDVR Oahu Transition Section

A presentation was made at Signs of Self, an Independent Living Center for the Deaf and Hard of Hearing, to 12 participants. Consumers expressed concern on how to access VR services if there is disagreement with the VR counselor, educating the participants on their rights under the Rehab Act, including rights to file a grievance and who is required to provide interpreters in a meeting with VR Counselors.

A presentation was made to the State Office on Elderly Affairs that included information provided about CAP to 12 staff and included Project SAGE, comprised of outreach staff who are responsible for information and referral about community resources. Inquiries were made as to the impact of seniors attaining employment and their Social Security benefits and how to contact HDRC CAP if someone is having a problem with their DVR Counselor.

A presentation was held for DVR Counselors and all Independent Living Centers in Hawaii, including Hawaii Centers for Independent Living (HCIL), Aloha Independent Living of Hawaii, Signs of Self for the Deaf and Hard of Hearing, and Lanakila Pacific’s Independent Livings Skills Training contract staff. The Client Assistance Program, as a member of the State Rehabilitation Council, was also invited and participated. The first ever meeting featured a speaker from an IL in California who provided information on the IL philosophy and program priorities and fielded questions, including how to collaborate.

CollaborationsCAP/VR quarterly meetingsProject Stand DownMcKinley Transition Fair

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.).An HDRC CAP staff continues to serve on the State Rehabilitation Council and, also, serves on the SRC’s research and Planning Committee.

CAP accomplishments on the SRC include:

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.

Special emphasis was placed on connecting with the large population of homeless who are Micronesian and particularly Marshallese and Chuukese.

The primary organizations that provide temporary housing to these populations is a program called, Next Step operated by the Waikiki Health Center and the Institute of Human Services both located in Honolulu. Visits were made to both programs this past year and many brochures were left at these organizations to give to potential clients.

The primary food program for the homeless is operated by River of Life Mission and several visits during the year were made to this program where direct contacts were made with the Micronesians who came there to eat dinner. This program is run by a variety of churches where food is prepared off site and brought to the Mission to feed between 200-300 persons daily. Micronesians are known to be the largest population of homeless in Honolulu with about 1000 of the homeless connecting with these organizations on a daily basis.

Visits to the River of Life Program were made quarterly with person to person contacts made with the Micronesians in attendance. Several contacts included young children and questions were directed to the parents as to where they were attending school. Several were referred to a separate program for homeless families that is called Family Promise that is operated by a variety of churches and places of worship for Buddhists, and Jewish congregations. Family Promise has worked directly with disabled youth with many of them being Chuukese.

Another major effort to connect with the Chuukese included a health fair at Kuhio Park Terrace. The great majority of these residents are Chuukese with many seniors living there.

Visits to public parks including Thomas Square and Kapiolani Park, and the public bus system were places where Micronesians congregate. Many contacts were made in these locations with bilingual brochures being offered to those who speak English as a second language. Due to very colorful dress Chuukese women are easily identifiable on the bus system. Many of the poorer Micronesians travel by bus so bus stops are an easy way to find Micronesians.

The Filipino community was reached by leaving bilingual brochures at One Stop Centers where the unemployed gather to find jobs. The only Filipino Community Center located in Waipahu was another primary location to leave bilingual brochures in either Tagalog or Ilocano.

Health fairs that are attended by many of our underserved populations is another location we connect with the Filipino, Spanish speaking, and Micronesian communities.

A major health center on the Waianae Coast, the Waianae Coast Comprehensive Health Center was another location where our bilingual brochures were distributed. This Health Center is the primary health provider for the communities of Makaha, Waianae, Maili, and Nanakuli with a total population of more than 60,000. A growing population of Micronesians and Filipinos are settling on the Waianae Coast due to cheaper housing. 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.

N/A

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/A

2. Group Advocacy - non Litigation:

CAP staff collaborated with the Department of Education’s public high school transition and special education teachers to bring about a greater awareness of the Client Assistance program and how HDRC can be a valuable resource to students, their family members and instructional staff for transition planning.

CAP staff continued to conduct outreach to un-served and underserved communities to identify IDEA-eligible children to introduce them to CAP and transition planning. Outreach efforts to the Micronesian and Filipino communities included a total of 15 public high schools, statewide.

CAP staff collaborated with the Special Parent Information Network to staff the Annual SPIN Conference at the University of Hawaii.

CAP staff collaborated with the University of Hawaii, Center for Disability Studies, for its annual Pacific Rim Conference on Disability at the Hawaii Convention Center. Approximately 12oo individuals attended the event this year.

Cap staff collaborated with Catholic Charities for its sponsorship of 2012 Veterans Stand Down held at McCoy Pavillion at Ala Moana Park. The program is intended to outreach Hawaii’s veterans who are homeless. As a result, referrals were made to CAP. Approximately 85 veterans participated in the event.

3. Court Ordered Monitoring: N/A

4. Legislative and Regulatory Advocacy: N/A

5. Class Action Litigation:

Although not a CAP case, a favorable decision was made, by the 9th Circuit Court, to increase the age of a student receiving special education services from age 20 to age 22. The court could impact transition planning in a student’s IEP for referrals to DVR. Goals and objectives established in the IPE could improve a student’s skill set for increased employment opportunities.

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.

B.N. is a 36 year old male who has an intellectual disability and, through DVR’s assistance, was placed at a fast food restaurant located at a military base. His goal was to secure a permanent part-time status at the restaurant. His parents contacted HDRC’s CAP when they believed that their son was being harassed by B.N.’s manager due to his disability. The assigned CAP advocate conducted an inquiry and met with the restaurant staff and the Human Resources Assistant (HR). The advocate reviewed the scheduled work hours over a period of three years and found that the number of hours had decreased, yet, according to his personnel records, he was rated high each year and received recognition awards for his work. The HR agreed to be available in the event that B.N. felt he was being harassed. Following the meeting, B.N. called the advocate and reported his manager’s behavior, prompting another call to HR. The fast food manager was removed from her position at the restaurant. Following the manager’s exit, B.N. was offered, and accepted another position at another agency, where he now works part time. The client and his parents are very satisfied with HDRC’s assistance.

D.M. is a 23 year-old male who has been diagnosed as having autism. He was being served by DVR and was enrolled in a program at the University of Hawaii. However, his VR Counselor indicated that he would not be allowed to continue in the program, alleging that the program duration was intended for one year and the participants would then be placed in competitive, paid employment. The CAP advocate coordinated a meeting with the program director, the Vr counselor and the client. The contentious meeting included an angry program director alleging that VR did not support the program and the VR counselor shot back that no client in the program had been placed in competitive employment. The CAP advocate attempted to bring focus to the client’s “wants, needs, and desires” and was able to work out an agreement for D.M. to continue in the program, but that better data collection would measure progress. The program director also agreed to meet with DVR administration to resolve differences between the program and DVR. The client immediately participated and, now, works at a supermarket bakery in paid employment with health insurance benefits and a 401K plan. The client ws very satisfied with HDRC assistance.

J.W. is a 45 year old male who has a mental illness. He contacted HDRC’s CAP when he was informed by his VR Counselor that he was refused services. The CAP advocate met with J.W. to determine the cause of his being refused DVR assistance. J.W. indicated that he had been laid off from his position as a groundskeeper and had been unemployed for 9 months. During that period, he stopped seeing his psychiatrist and stopped taking prescribed medication. The CAP advocate met with J.W.’s “auntie”, who had been taking care of J.W. The auntie agreed to take J.W. to a psychiatrist, who, in turn agreed to schedule an appointment. The psychiatrist prescribed medication and J.W. began to take his medication. The CAP advocate arranged a meeting with the VR Counselor and agreement was reached to develop an Individual Plan for Employment (IPE) as a groundskeeper. A community rehabilitation program that has a grounds-keeping training and placement component is planned to accept J.W., who is “thrilled” with HDRC’s assistance.

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 1,423 hits per day for a total of 519,734 for the year.

Report: Summary - hawaiidisabilityrights.org Date Range: 10/01/2012 - 09/30/2013
Total Sessions 60,018.00
Total Pageviews 140,215.00
Total Hits 519,734.00
Total Bytes Transferred 5.87 GB
Average Sessions Per Day 164.43
Average Pageviews Per Day 384.15
Average Hits Per Day 1,423.93
Average Bytes Transferred Per Day 16.46 MB
Average Pageviews Per Session 2.34
Average Hits Per Session 8.66
Average Bytes Per Session 102.48 KB
Average Length of Session 00:04:49
Help Information Summary The Summary shows totals and averages for Sessions, Pageviews, Hits, and Bytes for the currently selected Date Range. Visitors information is not shown here because it is only available when UTM visitor tracking is employed. Calculation Methodology
  • Session: A series of Hits to your site over a specific period of time by one visitor.
  • Pageview: A request to the web server by a visitor’s browser for any web page; this excludes images, javascript, and other generally embedded file types.
  • Hit: Any successful request to a webserver from a visitor’s browser.
  • Bytes: The quantity of network bandwidth used by the files requested during the selected Date Range.
Note Because Bytes numbers can be very large, abbreviations are used as appropriate, such as MB for megabytes (millions of bytes). The average length of Session is displayed as hours:minutes:seconds.

Certification

Approved

This Report is Complete and Correct.Yes
Date Signed:24-Dec-13
Name of Designated Agency Official:Louis Erteschik
Title of Designated Agency Official:Executive Director