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

Idaho (DisAbility Rights Idaho, Inc.) - H161A150059 - FY2015

General Information

Designated Agency Identification

NameDisability Rights Idaho, Inc.
Address4477 Emerald Street
Address Line 2Suite B-100
CityBoise
StateIdaho
Zip Code83706
E-mail Addressinfo@disabilityrightsidaho.org
Website Addresshttp://disabilityrightsidaho.org
Phone208-336-5353
TTY
Toll-free Phone866-262-3462
Toll-free TTY
Fax208-336-5396

Operating Agency (if different from Designated Agency)

NameDisability Rights Idaho, Inc.
Address4477 Emerald Street
Address Line 2Suite B-100
CityBoise
Zip Code83706
E-mail Addressinfo@disabilityrightsidaho.org
Website Addresshttp://disabilityrightsidaho.org
Phone208-336-5353
TTY
Toll-free Phone866-262-3462
Toll-free TTY
Fax208-336-5396

Additional Information

Name of CAP Director/CoordinatorDina Flores-Brewer
Person to contact regarding reportDina Flores-Brewer
Contact Person Phone208-336-5353

Part I. Non-case Services

A. Information and Referral Services (I&R)

Multiple responses are not permitted.

1. Information regarding the vocational rehabilitation (VR) program5
2. Information regarding independent living programs0
3. Information regarding American Indian VR Service projects0
4. Information regarding Title I of the ADA0
5. Other information provided3
6. Information regarding CAP1
7. Total I&R services provided (Lines A1 through A6)9

B. Training Activities

1. Tools For Life Transition Conference, March 2015, Moscow, ID: Transition Planning workshop titled “You’re Graduating — Now What?” Content: Topics included what should be included in a school transition plan, involvement of Vocational Rehabilitation, self—advocacy including CAP services, and other supports/services available to transition age youth when moving to adulthood. Self—determination was emphasized, and generated many questions and comments from the students present, who seemed to embrace the idea of “nothing about me without me!” Format: Power Point (PP) and lecture. Approximately 40 transition age students, parents, and providers.

2. Transition Planning at Highland High School, eastern Idaho, September 2015 — titled “You’re Graduating — Now What?” Content: Topics included what should be included in a school transition plan, involvement of VR, CAP assistance and self—advocacy, and other supports/services available to transition age youth when moving to adulthood. Self—determination was emphasized, and generated many questions and comments from the students present, who seemed to embrace the idea of “nothing about me without me!” Format: Power Point (PP) and lecture. Two high school classes in eastern Idaho given to 35 transition age students with differing disabilities, teachers and staff.

3. DRI Board/PAC Orientation/Training, September 2015, Boise, ID — Advocacy/CAP Director and Legal Director provided training and orientation to incoming Disability Rights Idaho Board of Directors and PAIMI Advisory Council members. Topics included explanation of P&A and CAP services, description of VR services, and self advocacy. Approximately 25 adults attended, with 18 having various disabilities.

4. Developmental Workshop, September 15, 2015, Idaho Falls, ID — Information about P&A and its services, information on Medicaid and Medicare, SS disability benefits & work incentives, Vocational Rehabilitation (VR) services and community services and supports available for work development. Format: PP and lecture, handouts. Location and audience: Sheltered Workshop, approximately 40 adults with developmental disabilities.

5. New Day Products, September 15, 2015, Pocatello, ID — Information about P&A and its services, information on Medicaid and Medicare, SS disability benefits & work incentives, Vocational Rehabilitation (VR) services and community services and supports available for work development. Format: PP and lecture, handouts. Location and audience: sheltered workshop, approximately 20 adults with developmental disabilities.

6. Dawn Enterprises, September 16, 2015, Blackfoot, ID — Information about P&A and its services, information on Medicaid and Medicare, SS disability benefits & work incentives, Vocational Rehabilitation (VR) services and community services and supports available for work development. Format: PP and lecture, handouts. Location and audience: sheltered workshop, approximately 30 adults with developmental disabilities.

7. Veterans Hospital, April, 2015, Boise, ID — Legal staff presented as part of the VA’s Conversations with the Community presentation series at the VA Hospital in Boise. The presentation was entitled “Services & Rights for Individuals with Disabilities.” Specific presentation was entitled “Services that allow me to stay in and access my community.” Attorney presented on SSI, SSDI, and Medicaid (SSI and the A&D waiver), and employment services, including CAP. Second presentation was entitled “An Overview of ADA Disability Rights and My Right to a Service Animal under the ADA.” Attorney presented on Titles I, II, and III of the ADA and provided some detailed information about an individual’s right to a service animal under the ADA. There were approximately 20—30 individuals in attendance, some of which were service providers and VA staff, as well as veterans. Many of the audience members asked questions throughout both presentations.

8. Idaho Division of Vocational Rehabilitation In—service, October 2014, Boise, ID. Advocacy/CAP Director presented on Alternatives and Limits to Guardianships, approx. 30 VR counselors and regional managers. Information provided covered the statutory limits on a guardian’s authority, the alternatives to guardianship, the supported decision making model, and how to work with/address problems with guardians, including using CAP as a resource.

9. ADA Title I Training — Intermountain Fair Housing Council Board of Directors provided a two hour training on Title I of the ADA, with specific focus on employers’ obligations for compliance to the staff and Board of Directors for the Intermountain Fair Housing Council, and resources for employees including VR, CAP, and the Centers for Independent Living. Fourteen people in attendance.

10. Transition Planning Workshop, October 2014, Hailey, ID — The Idaho Department of Labor, the Blaine County School District, and the Idaho Division of Vocational Rehabilitation facilitated a transition conference for high school students with special needs for a county school district called the High School Career Exploration Project. Life skills and job development skills training and information were provided. CAP provided Transition Planning Training focusing on accessing employment supports, services and supports, and CAP/advocacy information to approximately 100 transition age students with different disabilities.

11. Community Outreach Counseling/Res Hab Agency, October 2014, Boise, ID — CAP provided information on advocacy and employment services, and issues P&A/CAP addresses and grants we operate. Also reviewed guardianship information from Idaho Supreme Court Q&A brochure, a referral to Legal Aid for possible guardianship training and ID statutes regarding guardianship UPC and DD guardianship. Lastly, provided guardianship self—advocacy guide packet. Presented to nine res—hab administrative staff. Provided nine P&A/CAP brochures and nine SOP Handouts.

1. Number of training sessions presented to community groups and public agencies.11
2. Number of individuals who attended these training sessions.373
3. Describe training presented by the staff. Include the following information:
  1. topics covered
  2. purpose of the training
  3. description of the attendees

C. Agency Outreach

Describe the agency's outreach efforts to previously un-served or underserved individuals including minority communities.

1. People w/DD in sheltered workshops and the South West Idaho Treatment Center (Idaho’s only stat—run intermediate care facility for people with intellectual disabilities) — conducted outreach visit to sheltered workshops and ICF/ID; visit included tours of the facilities, their work areas, break areas, housing area and general grounds. In addition, voter training was provided by DRI staff in a presentation with two voting machines (Express Vote and Hart System) to the participants. Outreach provided to approximately 120 individuals in four different facilities throughout the year.

2. Outreach to Hispanic/Latino Community — Amigas! Group at the Flying M Coffeehouse in Nampa, ID, April, 2015 — CAP met with a group of about 15—20 members of the Latino community and people who serve the Latino community in the Treasure Valley to share information about our services, our organization, and explore collaboration efforts. This meeting focused on employment services for people with disabilities — in addition to DRI/CAP and WIPA, IPUL provided information, as did Job Corps, and several service providers. (2/18/15);): CAP provided outreach on special education to about 30 Spanish speaking parents at an event sponsored by the DD Council and headed by DRI Board member Griselda Camacho, in September 2015 in Caldwell, ID. CAP Director provided brief information on DRI/CAP and our services, as well as some information on parents’ and children’s special education rights, including transition services and Vocational Rehabilitation services.

3. Transition Age Students with Disabilities — Provided outreach to 20 transition age students with disabilities in January, 2015 in Boise at the STEP program to ten students with developmental disabilities and three teachers.

D. Information Disseminated To The Public By Your Agency

For each method of dissemination, enter the total number of each method used by your agency during the reporting period to distribute information to the public. For publications/booklets/brochures (item 4), enter the total number of documents produced. Agencies should not include website hits. See instructions for details.

Workgroup/Task Forces:

1. Idaho State Rehabilitation Council — As the CAP Director, Dina Flores—Brewer is a required member of the SRC. The Council provides input to the Idaho Division of Vocational Rehabilitation on meeting their requirements of the Rehabilitation Act. Other members include consumers, other state agencies and employment networks

2. Idaho Council on Secondary Transition — The IICST council meets quarterly to provide input and help organize the Tools for Life Transition Conference. As part of the IICST, DRI joined a pilot project to improve the transition and post—school outcomes for deaf students. The project is a collaboration between DRI, Idaho Dept. of Ed, Idaho Division of Vocational Rehabilitation, and the Idaho Education Services for the Deaf and Blind (IESDB). Focus will be on providing transition services and work opportunities to transition age deaf students to improve outcomes. The project is just in its infancy, and will begin in earnest next year. Other projects from the IICST are updating the" Moving On" binder with the DD Council and IPUL (parent training and information center), and providing facilitators for the NSTTAC (National Secondary Transition Technical Assistance Council) institute sponsored by the Idaho Department of Education in November. DRI advocates facilitated groups of teachers and other staff from school districts around the state to develop or revise their transition plans for each district. DRI staff did not provide input, but helped district teams move their process forward. Opportunity was noted for next year to present advocacy and independence related workshops for the school staff. The future of the NSTTAC conference, as well as the IICST as a whole, is in doubt as the Dept. of Ed staff person who facilitated and championed these groups took another position, and her position remains unfilled.

3. Idaho Employment First Consortium — The Employment 1st Consortium meets monthly to provide recommendations to various state agencies on changing policies, practices and attitudes regarding employment as an option for people with disabilities — making employment the “first” option as opposed to disability benefits. The focus is on getting the message early on to parents of children with developmental disabilities, getting appropriate transition services, and proposing changes to Medicaid policies to support employment services. While the initial focus is on people with developmental disabilities, the hope is future efforts will expand to all disabilities.

1. Agency Staff Interviewed or Featured on Radio and TV0
2. Articles about CAP Featured in Newspaper/Magazine/Journals0
3. PSAs/Videos Aired about the CAP Agency0
4. Publications/Booklets/Brochures Disseminated by the Agency10230
5. Number of Times CAP Exhibited at Conferences, Community Fairs, etc.2
6. Other (specify below)

E. Information Disseminated About Your Agency By External Media Coverage

Describe the various sources and information disseminated about your agency by an external source.

Idaho Division of Vocational Rehabilitation and the Idaho Centers for Independent Living have disseminated nearly 9950 CAP brochures to their applicants and clients. Additionally, the Idaho CAP piloted a program that includes a brief computer presentation (Prezi format) about Disability Rights Idaho and CAP as part of the IDVR orientation presentation in the Boise office. Additional presentations have been developed and will be disseminated to other IDVR offices in the coming year.

Part II. Individual Case Services

A. Individuals served

An individual is counted only once during a fiscal year. Multiple counts are not permitted for Lines A1-A3.

1. Individuals who are still being served as of October 1 (carryover from prior year)6
2. Additional individuals who were served during the year22
3. Total individuals served (Lines A1+A2)28
4. Individuals (from Line A3) 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 A3 above.)1
5. Individual still being served as of September 30 (Carryover to next year. This total may not exceed Line A3.)8

B. Problem areas

Multiple responses permitted.

1. Individual requests information0
2. Communication problems between individual and VR counselor6
3. Conflict about VR services to be provided11
4. Related to VR application/eligibility process9
5. Related to assignment to order of selection priority category0
6. Related to IPE development/implementation
  1. Selection of vendors for provision of VR services
  2. Selection of training, post-secondary education
  3. Selection of employment outcome
  4. Transition services
4
7. Related to independent living services0
8. Other Rehabilitation Act-related problems0
9. Non-Rehabilitation Act related
  1. TANF
  2. SSI/SSDI
  3. Housing
  4. Other:
0
10. Related to Title I of the ADA0

C. Intervention Strategies for closed cases

(Choose one primary service the CAP provided for each closed case file. There may be more case files than actual individuals served.)

1. Short Term Technical Assistance11
2. Investigation/Monitoring0
3. Negotiation2
4. Mediation and other methods of Alternative Dispute Resolution1
5. Administrative / Informal Review8
6. Formal appeal / Fair Hearing0
7. Legal remedy / Litigation0
8. Total22

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.)

1. All issues resolved in individual's favor14
2. Some issues resolved in individual's favor (when there are multiple issues)2
3. CAP determines VR agency position/decision was appropriate for the individual0
4. Individual's case lacks legal merit; (inappropriate for CAP intervention)3
5. Individual chose alternative representation0
6. Individual withdrew complaint2
7. Issue not resolved in clients favor0
8. CAP services not needed due to individual's death, relocation, etc.0
9. Individual not responsive/cooperative with CAP1
10. CAP unable to take case due to lack of resources0
11. Conflict of interest0
12. Other (Please explain below)

E. Results achieved for individuals

(Choose one primary outcome for each closed case file. There may be more case files than the total number of individuals served.)

1 Client withdrew complaint before services could be provided. 1

1. Controlling law/policy explained to individual5
2. Application for services completed1
3. Eligibility determination expedited1
4. Individual participated in evaluation3
5. IPE developed/implemented/Services Provided2
6. Communication re-established between individual and other party5
7. Individual assigned to new counselor/office2
8. Alternative resources identified for individual1
9. ADA/504/EEO/OCR complaint made1
10. Other (Please explain below)

Part III. Program Data

A. Age

Multiple responses not permitted.

1. Up to 180
2. 19 - 246
3. 25 - 401
4. 41 - 6421
5. 65 and over0
6. Total (Sum of Lines A1 through A5. Total must equal Part II, Line A3.)28

B. Gender

Multiple responses not permitted.

1. Females12
2. Males16
3. Total (Lines B1+B2. Total must equal Part II, Line A3.)28

C. Race/ethnicity of Individuals Served

1. Hispanic/Latino of any race (for individuals who are non-Hispanic/Latino only)1
2. American Indian or Alaskan Native1
3. Asian1
4. Black or African American1
5. Native Hawaiian or Other Pacific Islander1
6. White21
7. Two or more races2
8. Race/ethnicity unknown0

D. Primary disabling condition of individuals served

Multiple responses not permitted.

1. Acquired Brain Injury3
2. ADD/ADHD0
3. AIDS/HIV0
4. Amputations or Absence of Extremities1
5. Arthritis or Rheumatism0
6. Anxiety Disorder0
7. Autism Spectrum Disorder2
8. Autoimmune or Immune Deficiencies (excluding AIDS/HIV)0
9. Blindness (Both Eyes)2
10. Other Visual Impairments (Not Blind)1
11. Cancer0
12. Cerebral Palsy0
13. Deafness1
14. Hard of Hearing/Hearing Impaired (Not Deaf)0
15. Deaf-Blind0
16. Diabetes0
17. Digestive Disorders1
18. Epilepsy0
19. Heart & Other Circulatory Conditions0
20. Intellectual Disability1
21. Mental Illness5
22. Multiple Sclerosis0
23. Muscular Dystrophy0
24. Muscular/Skeletal Impairment0
25. Neurological Disorders/Impairment4
26. Orthopedic Impairments6
27. Personality Disorders0
28. Respiratory Disorders/Impairment0
29. Skin Conditions0
30. Specific Learning Disabilities (SLD)1
31. Speech Impairments0
32. Spina Bifida0
33. Substance Abuse (Alcohol or Drugs)0
34. Other Disability0
35. Total (Sum of Lines D1through D34. Total must equal Part II, Line A3.)28

E. Types of Individual Served

Multiple responses permitted.

1. Applicant of VR11
2. Individual eligible for VR services currently on a wait list1
3. Individual eligible for VR services not currently on a wait list13
4. Applicant or individual eligible for Independent Living3
5. Transition student/High school student0
6. All other applicants or individuals eligible for other programs or projects funded unther Rehabilitation Act0

Part IV. Systemic Activities and Litigation

A. Non-Litigation Systemic Activities

1. CAP Director meets with IDVR administrative staff on a regular basis. Issues discussed this past FY have been initiating quality assurance for providers of VR services and community partners (some clients have identified problems with job developers merely giving them a job list from the Job Service and being told to submit applications rather than true work development occurring); IDVR review of individuals on the Extended Employment Services Wait List (individuals on the wait list received a letter asking if they still wished to be on wait list to respond within 3 weeks or lose their spot— many individuals did not receive the letter or did not understand its contents so the Chief of Field Services stated anyone who appealed could be reinstated); and also discussed IDVR removing their Policy Manual from Idaho Administrative Rules, which was postponed after concerns were stated by CAP.

2. During one of the protection and advocacy monitoring visits to South West Idaho Treatment Center (SWITC), Idaho’s only state run intermediate care facility for the intellectually disabled, it was discovered that none of the residents were receiving employment services. CAP advocated for services by IDVR; however, the facility determined it was not feasible to transport so many individuals to different job sites and provide necessary staffing coverage. In the alternative, and as per ICF/ID rules, SWITC began an on site employment program, allowing individuals to begin training in their occupation of choice using SWITC staff and collaborating with IDVR for transfer of services when the individual neared discharge.

1. Number of non-litigation systemic activities not involving individual representation that resulted in the change of one or more policy or practice of an agency.2
2. Describe the systemic activities conducted by CAP during the fiscal year and its impact on other agency's policies or practices.

B. Litigation

Client issues were addressed without litigation.

1. Total number of CAP cases requiring litigation involving individual representation resulting in, or with the potential for, systemic change.
a. Number of cases requiring litigation involving individual representation filed during fiscal year.0
b. Number of on-going cases pending at start of fiscal year (carryover from prior fiscal year).0
c. Number of cases resolved through litigation during fiscal year.0
2. Describe the agency's on-going and completed systemic litigation activities involving individual representation.

Part V. Agency Information

A. Designated Agency

1. Agency Type (select only one option) External-Protection and Advocacy agency
2. Name of designate agencyDisability Rights Idaho, Inc.
3. Is the designated agency contracting CAP services?No
4. If yes, name of contracting agency:N/A

B. Staff Employed

Provide a description of all CAP positions (see instructions)

CAP Director/Attorney, Legal Director, Advocacy Supervisor, (2) Senior Advocates, Staff Attorney, (3) Advocates

Type of Position FTE % of year filled Person/Years Professional 0 .95 87.18% 0 .85 Full—time N/A N/A N/A Part—time 0.95 87.18% 0 .85 Vacant 1.67 13.89% .23 Clerical 0.32 80.00% 1.27 Full—time N/A N/A N/A Part—time 0.32 80.00% 1.27 Vacant 1.00 8.33% 0.08

Part VI. Case Examples

Provide some examples of some interesting cases during the past fiscal year.

1. CAP was contacted by a 59 year old Hispanic male with a TBI regarding the significant length of time it was taking VR to help him locate work, and the subsequent closure of his VR case due lack of funding. He was to be placed on the extended employment support wait list, which at the time was several years long. It was determined by the P&A that the man was receiving Medicaid services through the Aged and Disabled (A&D) waiver, and thus was eligible for community supported employment, however, Medicaid had never provided such services for anyone on the A&D waiver, even though the service had been available for over five years. While working with Medicaid staff to resolve the CSE issue under PABSS, CAP continued to negotiate with IDVR for job development. His case was transferred to another VRC who advocated for securing a reliable vendor for job development and coaching. IDVR extended his hours several times, ultimately receiving over 60 hours of job development. Individual successfully found and maintained employment with a job coach, and was approved for CSE hours, becoming the first person on the A&D waiver to receive such services. As a result of this case, Medicaid and IDVR entered into a collaborative agreement to facilitate the provision of services to individuals who were eligible for the two programs, reducing unnecessary delays in services and potential job loss.

2. CAP provided representation during informal review to a 22 year old Caucasian woman who was deaf. She received a denial from IDVR for a needed cochlear implant processor. CAP reviewed records, corresponded with the client and her medical providers, and spoke with the regional manager multiple times. IDVR argued that since the client used American Sign Language, she did not need a cochlear implant to be successful in school or work. CAP advocate attended the informal review meeting, pointing out discrepancies in the information IDVR was using, and citing applicable regulations, along with providing supplementary documentation and literature supporting the client’s case. In addition to continued college funding for this math major, VR agreed to pay for the cochlear processor at a cost of approximately $9925.00.

3. CAP was contacted by a 60 year old Caucasian male with mental illness regarding help preventing IDVR from closing his case. The VRC asked client to do a trial work evaluation, but the client did not understand why and left due to frustration. CAP requested records, and provided client with appeal rights and information about how to request an informal review. CAP attended the informal review with the client, and recommended using the trial work experience to place client in a field he wants to work in. Regional manager agreed to re—open client’s case, re—assign to another VR counselor, and agreed to place client in a TWE in the landscaping or lawn maintenance field, which was client’s desired career.

Certification

Reports are to be submitted to RSA within 90 days after the end of the fiscal year covered by this report. Please be reminded that you can enter data directly into RSA's website via the internet. Information on transmittal of the form is found on pages 19 and 20 of the reporting instructions.

Name of Designated Agency OfficialJames R. Baugh
Title of Designated Agency OfficialExecutive Director
Date Signed12/11/2015