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

Kentucky (KENTUCKY CLIENT ASSISTANCE PROGRAM) - H161A130018 - FY2013

General Information

Designated Agency Identification

NameKentucky Client Assistance Program
Address275 E. Main Street
Address Line 22nd Floor
CityFrankfort
StateKentucky
Zip Code40621
E-mail Addressvanessa.jones@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.jones@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 Jones
Contact Person Phone5025648035

Part I. Agency Workload Data

A. Information and Referral Services (I&R)

Multiple responses are not permitted.

1. Information regarding the Rehabilitation Act0
2. Information regarding Title I of the ADA6
3. Other information provided114
4. Total I&R services provided (Lines A1+A2+A3)120
5. Individuals attending trainings by CAP staff (approximate)130

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)14
2. Additional individuals who were served during the year35
3. Total individuals served (Lines B1+B2)49
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. 14

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 individual1
4. Individual's case lacks legal merit; (inappropriate for CAP intervention)2
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.1
9. Individual refused to cooperate with CAP10
10. CAP unable to take case due to lack of resources0
11. Other (please explain)

None

E. Results achieved for individuals

1. Controlling law/policy explained to individual11
2. Application for services completed.0
3. Eligibility determination expedited0
4. Individual participated in evaluation1
5. IPE developed/implemented22
6. Communication re-established between individual and other party1
7. Individual assigned to new counselor/office0
8. Alternative resources identified for individual0
9. ADA/504/EEO/OCR/ complaint made0
10. Other0
11. Other (please explain)

None

Part II. Program Data

A. Age

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

1. 21 and under7
2. 22 - 4019
3. 41 - 6422
4. 65 and over1
5. Total (Sum of Lines A1 through A4. Total must equal Line I.B3.)49

B. Gender

Multiple responses not permitted.

1. Female18
2. Male31
3. Total (Sum of Lines B1 and B2. Total must equal Line I.B3.)49

C. Race/ethnicity

1. Hispanic/Latino of any race2
For individuals who are non-Hispanic/Latino only
2. American Indian or Alaskan Native0
3. Asian0
4. Black or African American13
5. Native Hawaiian or Other Pacific Islander0
6. White34
7. Two or more races0
8. Race/ethnicity unknown0

D. Primary disabling condition of individuals served

Multiple responses not permitted.

1. Blindness (both eyes)7
2. Other visual impairments1
3. Deafness3
4. Hard of hearing2
5. Deaf-blind0
6. Orthopedic impairments8
7. Absense of extremities0
8. Mental illness12
9. Substance abuse (alcohol or drugs)1
10. Mental retardation0
11. Specific learning disabilities (SLD)3
12. Neurological disorders7
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)4
20. All other disabilities1
21. Disabilities not known0
22. Total (Sum of Lines D1 through D21. Total must equal Line I. B3.)49

E. Types of individuals served

Multiple responses permitted.

1. Applicants of VR Program8
2. Clients of VR Program41
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 only49
2. Other Rehabilitation Act sources only0
3. Both VR agency and other Rehabilitation Act sources0
4. Employer0

G. Problem areas

Multiple responses permitted.

1. Individual requests information1
2. Communication problems between individual and counselor19
3. Conflict about services to be provided38
4. Related to application/eligibility process8
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/referral3
2. Advisory/interpretational24
3. Negotiation7
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:

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 $134,060 State funds 0 All other funds 0 Total from all sources $134,060 c. Budget for current and following fiscal years: The following chart represents expenditures for federal fiscal year October 1, 2012 through September 30, 2013 of $134,060.

Category Current Fiscal Year Next Fiscal Year Wages & Salaries 84,457 92,902 Fringe Benefits 39,428 43,370 Materials/Supplies 490 500 Postage 100 200 Telephone 565 600 Rent 2135 2500 Travel 5059 3709 Copying 0 0 Bonding/Insurance 0 0 Equipment Rental/Purchase 402 0 Legal Services 0 0 Indirect Costs 0 0 Miscellaneous 1424 500 Total Budget 134,060 144,281

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 FY2015. 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 % of year Person equivalent position filled years Professional Full-time 1 100% 1 1 100% 1 Part-time Vacant Clerical Full-time Part-time Vacant

e. Summary of presentations made:

During this fiscal year, the KY CAP Program was invited to make presentations to approximately 130 individuals. The CAP Director and Program Coordinator both presented information on the KY CAP program to new counselors for the Office of Vocational Rehabilitation.

f. Involvement with advisory boards:

Gerry completed her term as an active board member for the National Disability Rights Network (NDRN) representing Region IV and the independent CAP programs. The KY CAP Program is very fortunate to have our Program Coordinator, Vanessa Jones as my replacement on this national board. She has become very active in a very short period of time with the NDRN Board of Directors. So far, Vanessa has been in attendance at board meetings held in Washington, DC, Las Vegas, Nevada and Long Beach, California for this fiscal year. Some of the issues and concerns discussed were major budget matters; board and staff initiatives; re-establishment of the WIPA program; and strategic and succession planning. Vanessa was also placed on the succession planning committee where she helped develop a succession plan for the Executive Director.

Vanessa, our KY CAP Program Coordinator also represents our KY CAP program on the Office for Vocational Rehabilitation’s Statewide Council and she participates on the following committees: the public awareness, legislation and advocacy committee and the KY business leadership network Ad Hoc committee. As the KY CAP director, Gerry represents our agency on the Office for the Blind’s Statewide Council, and she is chair of the Planning committee and a member of the Consumer Services committee.

The KY CAP director continues to participate on the Kentucky Licensing Board for Specialists in Hearing instruments. As a board member, she represents our consumers’ interests, concerns, issues and problems in areas of audiometric testing, sales of equipment and various hearing devices.

For the Carl Braden Memorial Center board of directors, Gerry continues to participate in various board events supporting social justice for a diverse community and being inclusive for people with disabilities.

The KY CAP director continues to participate on the KY Advisory Committee for Mental Health Services for the Deaf and Hard of Hearing. She is also enrolled in a two year on-line graduate level certification program through Gallaudet University to be a Peer Mentor to the deaf, deaf-blind and hard of hearing. At the present time her class is composed of eight students located in various states. They will complete the fourth class in December. The fifth class starts in January, 2014 and they will have their closing ceremonies in June or July of 2014 on the Gallaudet Campus. Both the CAP Director and Program Advocate are very active members of the KY Hearing Loss Association (HLAA). There are several local chapters in Kentucky, including the Louisville chapter; Lexington chapter; Bardstown chapter; and the Bowling Green chapter. Vanessa is a member of the Lexington chapter and Gerry is a member of the Louisville chapter. And recently Gerry became the new secretary for the Louisville chapter. Each local chapter has meetings once a month and each chapter invites a person to speak on various topics of interests to our members with hearing loss. In July, 2013 our KY Chapters held our first ever two day Kentucky regional conference in partnership with our Kentucky Commission on the Deaf and Hard of Hearing in Louisville at the downtown Marriott Hotel. Our plans are to have a state conference every two years. Our inaugural event’s title was “Hear More: a world of Resources”. Some of the sessions during our conference were as follows: • Navigating Self-Advocacy • Learning to Live with Hearing loss • Utilizing Loans to purchase Assistive Technology • How to get what you need through Legislation • Technology and Apps • Hearing Preservation in Cochlear Implant surgery • Peer Mentoring for the Deaf and Hard of Hearing- this session was presented by the KY CAP director and another class mate. They are part of the graduate certification program for Peer Mentoring at Gallaudet University in Washington, D.C. • Ask an Audiologist • Ototoxicity • Keeping Your Balance • What’s New in Hearing Aids • Survival communication in American Sign Language • The Affordable Care Act: Where are we now? • Our key note speaker was Kathy Buckley, a five time American comedy Award Nominee as best stand up female comedienne and the winner of countless other awards for her work. • Exhibits to name a few: Clarity, CaptionCall, Hamilton Captel and Kentucky Relay

g. Outreach to unserved/underserved populations:

KY CAP staff did attend the 2013 National Hearing Loss Association of America’s Convention from June 27-30 at the Oregon Convention Center in Portland, Oregon. The convention highlights were as follows: • Keynote was speaker Howard Weinstein, inventor of Solar Ear (solar-powered hearing aids) • Research symposium — latest developments in hearing rehabilitation research • Educational workshops on interesting and relevant hearing loss resources • Special welcome for Veterans with hearing loss by Hamilton CapTel • Special events for young adults with hearing loss • First timer discounts and free exhibit hall passes • Exhibit Hall full of the latest technology and services — in one exhibit hall presentation the KY CAP Director participated with other students to advertise the Gallaudet University graduate level certification program fro peer mentoring for the deaf, deaf-blind and hard of hearing consumers

The National convention was composed of extensive educational programs and trade shows for consumers with hearing loss as well as their families and professionals who work with people with hearing loss.

Vanessa, our KY CAP Program Coordinator, participated in a summer resource fair in Lexington, KY for potential and current students to attend in order to learn about various community resources. Vanessa and our student intern set up a booth at Bluegrass Community and Technical College for this event. There were various vendors/agencies there as well, including the KY Office of Vocational Rehabilitation. Many potential students and their families attended and gained additional knowledge about resources they were not aware of.

The KY CAP staff did attend training titled “Increasing Access to vocational rehabilitation service for Immigrants and Refugees Populations”. The various training sessions dealt the following issues: 1. Immigration 101- current American immigration law with emphasis on family—based immigration 2. Understanding the Refugee Resettlement program- will gain an understanding of some of the complexities of Refugee Resettlement program 3. Case Management Tools and consideration — this session is specific to VR staff 4. Human Trafficking: National and Local concern for Service Providers-this session provided a scope of human trafficking on the international , national and local levels 5. Final session-Dealing with Haters in the Workplace: Special Considerations for Immigrant and Refugee consumers-this session helped participants to apply communication strategies to educate the immigrant/refugee consumer about his or her rights as well as confronting the “hater” in the workplace.

Vanessa, our KY CAP Program Coordinator, participated in a re-entry project with KY Protection and Advocacy. This project began in 2009 with P&A staff surveying individuals incarcerated at correctional facilities about what was preventing them from returning to the community successfully after prison. They found that there were many barriers to this, but the main three were employment; housing; and potential resources available. So, staff continued to gather information and invited various agencies to join the project in order to bring their knowledge and resources. Some of the agencies including the KY CAP; the Department of Corrections; the Office of Vocational Rehabilitation; and the Department of Behavioral Health and Developmental and Intellectual Disabilities. Then in February 2013, the information was put together and the “Re-entry Resource Directory” was developed and shared in various locations, such as the various agencies websites.

h. Alternative dispute resolutions:

At the completion of this fiscal year the KY CAP had one (1) informal administrative review.

Client is 31 years of age with a disability of a high level of anxiety. She contacted the KY CAP staff due to a suspension from the Office of Vocational Rehabilitation’s Carl Perkins training center and her being given an inappropriate disciplinary category; as well as, her being charged for out of pocket training expenses. KY CAP staff tried to negotiate the issues with the center staff, but could not reach an agreement, so she requested an informal administrative review. At the review all issues were discussed and the reviewer reviewed the disciplinary categories and the center policy on returning to training after having a negative leave balance. Client was able to share her concerns and issues and staff was also given the opportunity to respond. After the review, the reviewer found that OVR should reimburse client for payments made for re-entry to her training program at the center; as well as, reduce her disciplinary category to a lessor category in her case file. Therefore, all issues were resolved with client and OVR has since changed their policy regarding negative leave balances. They no longer charge clients/students additional fees.

i. Systemic advocacy:

At the completion of this fiscal year the KY CAP were involved in two systemic changes within the rehabilitation programs.

1. Issues with Dual Case technical assistance circular (TAC-12-04) and Outcome

Client is 37 years of age with disabilities of bilateral blindness and a traumatic brain injury. He needed services from both the Office for the Blind and the Office of Vocational Rehabilitation but neither wanted to provide services at the same time; therefore, he called the KY CAP office for assistance. The KY CAP staff requested a meeting with a counselor from both agencies to discuss client’s concerns and services; as well as, the technical assistance circular (RSA-TAC-12-04) regarding the provision of Vocational Rehabilitation services to an individual by more than one agency. KY CAP staff found that neither agency was aware of this circular even though it was published in June of 2012. Therefore, they asked to get management involved from both agencies in order to see how they should proceed. After management became involved a cooperative agreement was put in place and client began to receive services and have a dual case with both OVR and OFB.

This was a great opportunity for KY CAP to work with both the Office of Vocational Rehabilitation and the Office for the Blind in order to assist them in developing a cooperative agreement. This agreement provides them guidance on how to handle a dual case and allows both agencies to work with the client at the same time. 2. Issues at the Charles W. McDowell Center and Outcomes:

A group of nine visually impaired clients living at the McDowell Center under the direction of the Office for the Blind called the KY CAP office because they had concerns as individuals and as a group. As CAP Advocates we met with both the group and with individual students. Once these meetings were completed, KY CAP staff met with the Center management staff and with the director of the Office for the Blind. As a result of this meeting we were able to address the students concerns and make suggestions on ways to improve communication and student/consumer involvement at the Center. Also management staff has looked at potential trainings for all staff and students; ways to improve communications and incorporate student/consumer involvement; and putting stable rules in place for all to follow by having a McDowell Center Student/Consumer handbook. A follow-up letter was sent to each student telling them about our meeting with management staff and thanking them for bringing their issues and concerns to our attention. Finally wishing them the very best with their future goals and letting them know that if they needed assistance in the future to feel free to call our office. The group’s five areas of concerns were as follows: 1. Break down in communication with management staff 2. Requesting stable rules for residential students- they felt that the rules change frequently 3. Food menu- students wanted some input into the Center’s menu 4. Students wanted to be treated with respect 5. Students requested that management really listen to them 6. Wanting a peaceful work environment in which to work and learn

j. Interesting cases:

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

Case 1. Client is 19 years of age with a disability of Spina Bifida and longenital anomaly. He uses a Permobil C-300 power wheelchair, had graduated from high school and he was working. Consumer requested van modifications for the purchase of a newer 2012 Dodge Grand Caravan which had the modifications already built in and he is asking the KY Office of Vocational Rehabilitation to pay for the modifications. Client previously used a modified 2007 van which needed extensive repairs and the agency did not assist with modifications. The KY CAP director wrote a successful Letter of Exception on behalf of this client and it was approved by Jane Smith the Director of Program Services for the KY Office of Vocational Rehabilitation for the newer 2012 van.

Case 2. Client is 19 years of age with a disability of CP and a specific learning disability. He was having problems obtaining services from the Ky Office of Vocational Rehabilitation. His counselor was very supportive in providing for his needs for welding school. Client was also assigned a Ticket to Work and assisted him in reapplying for his benefits. Previous benefits had remained at the childhood level, but now he is receiving the full amount as a young adult. As his KY CAP advocate, I worked with the client and his OVR counselor in order to develop his IPE and make plans for him to attend welding school.

Case 3. Client is 54 years of age with a disability of deafness. He had retired from the Post office, but wanted to continue to work. His counselor wanted him to receive training in florist shop and that was not what the client wanted. He wanted training in the area of photography for part time or full time work. Client already owned a lot of expensive camera equipment, but he desperately needed training. By working with the client, his counselor and upper OVR management a new IPE was developed and OVR provided training, and interpreter services. He also received job placement once his training was complete. This was a wonderful case of success for a client who knew what he wanted to do and who owned some camera equipment. He was a joy to work with and so appreciative.

k. On-line information/outreach:

1. KY CAP Brochures mailed — 230 2. Information on Diskette or Audio — 0 3. Other-Braille & Large Print — 10

Certification

Approved

This Report is Complete and Correct.Yes
Date Signed:12-Dec-13
Name of Designated Agency Official:Gerry Gordon-Brown
Title of Designated Agency Official:Director