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

North Dakota (North Dakota Department of Human Services) - H161A160035 - FY2016

General Information

Designated Agency Identification

NameDivision of Vocational Rehabilitation
Address1237 West Divide Avenue Ste 1A
Address Line 2
StateNorth Dakota
Zip Code58501
Website Address
TTY 701-328-6888
Toll-free Phone1-800-755-2745
Toll-free TTY1-800-366-6888

Operating Agency (if different from Designated Agency)

NameProtection & Advocacy Project
Address400 E. Broadway
Address Line 2Suite 409
Zip Code58501
Website Address
Toll-free Phone1-800-472-2670
Toll-free TTY1-800-366-6888

Additional Information

Name of CAP Director/CoordinatorTeresa Larsen
Person to contact regarding reportTeresa Larsen
Contact Person Phone701-328-2950

Part I. Non-case Services

A. Information and Referral Services (I&R)

Multiple responses are not permitted.

1. Information regarding the vocational rehabilitation (VR) program6
2. Information regarding independent living programs1
3. Information regarding American Indian VR Service projects0
4. Information regarding Title I of the ADA1
5. Other information provided3
6. Information regarding CAP0
7. Total I&R services provided (Lines A1 through A6)11

B. Training Activities

a) topics covered included: transition; CAP; VR services; self-advocacy. b) purpose of trainings was to educate attendees on topics presented to ensure eligible individuals are aware of services they may be entitled to as well as their rights. c) attendees included: individuals with disabilities; family members; university students; service providers; new VR counselors; conference attendees.

1. Number of training sessions presented to community groups and public agencies.11
2. Number of individuals who attended these training sessions.337
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.

CAP staff are pro-active with outreach to other Rehab Act agencies and try to meet with each of the 8 regional VR offices, 4 CIL’s (plus their "branch offices"), and 4 Tribal 121 programs each quarter. The contracted CAP director (P&A) meets monthly with the CAP liaison from VR.

CAP had a booth at the Veterans Stand Down in two different cities - Minot and Bismarck. CAP met with staff from the Veterans Center in Fargo to provide program information.

CAP sponsored a booth at the Project Service Connect event in Bismarck. This is a one-day event providing individuals and families experiencing homelessness to vital services.

CAP was part of the Mandan, Hidatsa, Arikara (MHA) Nation VR Disability Awareness event held on Ft. Berthold Reservation. It included a walk and luncheon. CAP had a booth at the two-day 2015 Secondary Transition Interagency Conference in Bismarck. It was attended by parents, teachers, school administrators, and advocates. Rural schools were represented including ones located on reservations.

CAP had a booth at the Spring 2016 Behavioral Health Conference. This was sponsored by the ND Dept. of Human Services, the ND Mental Health & Substance Abuse Planning Council, Mental Health America of ND, ND P&A, the ND Dept. of Corrections & Rehabilitation, the ND Addition Counselors Assoc., the ND Addiction Treatment Providers Coalition, and the ND Federation of Families for Children’s Mental Health.

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.

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 Agency2179
5. Number of Times CAP Exhibited at Conferences, Community Fairs, etc.8
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.

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)21
2. Additional individuals who were served during the year15
3. Total individuals served (Lines A1+A2)36
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.)2
5. Individual still being served as of September 30 (Carryover to next year. This total may not exceed Line A3.)24

B. Problem areas

Multiple responses permitted.

1. Individual requests information0
2. Communication problems between individual and VR counselor9
3. Conflict about VR services to be provided15
4. Related to VR application/eligibility process8
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
7. Related to independent living services1
8. Other Rehabilitation Act-related problems0
9. Non-Rehabilitation Act related
  1. TANF
  3. Housing
  4. Other:
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 Assistance8
2. Investigation/Monitoring0
3. Negotiation6
4. Mediation and other methods of Alternative Dispute Resolution0
5. Administrative / Informal Review0
6. Formal appeal / Fair Hearing0
7. Legal remedy / Litigation0
8. Total14

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 favor7
2. Some issues resolved in individual's favor (when there are multiple issues)4
3. CAP determines VR agency position/decision was appropriate for the individual0
4. Individual's case lacks legal merit; (inappropriate for CAP intervention)0
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.1
9. Individual not responsive/cooperative with CAP0
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. Controlling law/policy explained to individual1
2. Application for services completed0
3. Eligibility determination expedited2
4. Individual participated in evaluation0
5. IPE developed/implemented/Services Provided4
6. Communication re-established between individual and other party3
7. Individual assigned to new counselor/office1
8. Alternative resources identified for individual2
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 181
2. 19 - 248
3. 25 - 4010
4. 41 - 6414
5. 65 and over3
6. Total (Sum of Lines A1 through A5. Total must equal Part II, Line A3.)36

B. Gender

Multiple responses not permitted.

1. Females20
2. Males16
3. Total (Lines B1+B2. Total must equal Part II, Line A3.)36

C. Race/ethnicity of Individuals Served

1. Hispanic/Latino of any race (for individuals who are non-Hispanic/Latino only)2
2. American Indian or Alaskan Native7
3. Asian0
4. Black or African American1
5. Native Hawaiian or Other Pacific Islander0
6. White26
7. Two or more races0
8. Race/ethnicity unknown0

D. Primary disabling condition of individuals served

Multiple responses not permitted.

1. Acquired Brain Injury2
4. Amputations or Absence of Extremities0
5. Arthritis or Rheumatism0
6. Anxiety Disorder0
7. Autism Spectrum Disorder2
8. Autoimmune or Immune Deficiencies (excluding AIDS/HIV)0
9. Blindness (Both Eyes)0
10. Other Visual Impairments (Not Blind)2
11. Cancer0
12. Cerebral Palsy2
13. Deafness0
14. Hard of Hearing/Hearing Impaired (Not Deaf)1
15. Deaf-Blind0
16. Diabetes0
17. Digestive Disorders0
18. Epilepsy0
19. Heart & Other Circulatory Conditions0
20. Intellectual Disability1
21. Mental Illness12
22. Multiple Sclerosis1
23. Muscular Dystrophy0
24. Muscular/Skeletal Impairment1
25. Neurological Disorders/Impairment1
26. Orthopedic Impairments5
27. Personality Disorders0
28. Respiratory Disorders/Impairment0
29. Skin Conditions0
30. Specific Learning Disabilities (SLD)4
31. Speech Impairments0
32. Spina Bifida1
33. Substance Abuse (Alcohol or Drugs)0
34. Other Disability0
35. Total (Sum of Lines D1through D34. Total must equal Part II, Line A3.)36

E. Types of Individual Served

Multiple responses permitted.

1. Applicant of VR17
2. Individual eligible for VR services currently on a wait list4
3. Individual eligible for VR services not currently on a wait list12
4. Applicant or individual eligible for Independent Living1
5. Transition student/High school student1
6. All other applicants or individuals eligible for other programs or projects funded unther Rehabilitation Act1

Part IV. Systemic Activities and Litigation

A. Non-Litigation Systemic Activities

Services for young adults ages 18-21: CAP staff have brought up the issue, in several different groups, of the gap in services for individuals on the DD/ID Waiver between the ages of 18 and twenty-one. This impacts their ability to access services through VR due to the lack of Extended Services. A task force was set up to address this issue. Members include the Dept. of Public Instruction, VR, Dept. of Human Services DD Division, and CAP.

Governor’s Committee on the Employment of People with Disabilities: This is a governor-appointed task force which is working to remove barriers to employment for individuals with disabilities.

State Rehabilitation Council: CAP is an active member of the SRC with CAP staff chairing this Council for the last year. CAP staff was part of the membership committee that worked to ensure the make up of the SRC included the required individuals with disabilities.

Transition Community of Practice: The 18-21 year-old service gap issue has been discussed in this group and the task force was promoted.

Transition Application: CAP staff presented to the Transition Community of Practice as well as a session at the Youth Move ND conference regarding development and use of a transition tool for students. The feedback was very positive from both groups. CAP is in the development stages of this project and hope to have it completed by early 2017.

Transition Consortium: This group includes the ND Center for Persons with Disabilities (Minot State University), VR, Dept. of Public Instruction, the State Council on DD, and CAP. It has maintained the website named "Launch my Life" which targets students with disabilities who are looking at transitioning out of school.

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.6
2. Describe the systemic activities conducted by CAP during the fiscal year and its impact on other agency's policies or practices.

B. 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) Internal to the State VR agency
2. Name of designate agencyVocational Rehabilitation Services
3. Is the designated agency contracting CAP services?Yes
4. If yes, name of contracting agency:North Dakota Protection & Advocacy Project

B. Staff Employed

Provide a description of all CAP positions (see instructions)

The North Dakota CAP had staff changes that went into effect on August 1, 2016. Craig Sinclair and Angie Dubovoy left the program and Loretta Movchan joined the CAP team. The following is the current CAP team with their roles and percentage of time they work in the program: Vickay Gross (CAP advocate) 40%, Loretta Movchan (CAP advocate) 50%; David Boeck (Lead Attorney) 5%; and Teresa Larsen (Executive Director) 10%.

CAP staff participated in the following training between 10/1/15 — 9/30/16: • 10/6-8/15: P&A Training with topics that included: Therapeutic Intervention Training; State of Behavioral Programming & Services in ND • 10/22/15: Disability, Employment & Lane v. Brown hosted by the LEAD Center • 11/10/15: Connecting Partners and Resources to Prepare Youth for Careers: A Federal Partners in Transition • 11/18-19/15: 2015 Secondary Transition Interagency Conference - “Launching Opportunities” • 9/3-5/16: P&A Training with topics that included Advocating for Students with Autism Spectrum Disorders; Consumer & Parent Perspectives on Autism; Every Student Succeeds Act (ESSA); Roles of Advocacy Organizations; • 6/27/16: Section 511 training provided by ND Vocational Rehabilitation • 8/31/16: Overview Of The New Federal Regulations Implementing The Rehabilitation Act, As Amended By Title IV Of The Workforce Innovation and Opportunity Act (WIOA) webinar hosted by NDRN • 9/7/16: CAP Advocates also work part-time in the PABSS Program. They both attended the WIOA Regional Meeting hosted by RSA in Chicago, IL. • 9/21/15: Reviewing Section 511: Limitations on the Use of Subminimum wage-webinar hosted by NDRN.

Part VI. Case Examples

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

Case Summary 1:

Joseph is a 33 year old gentleman who has a history of substance abuse, mental illness and anger control issues. Since high school he has had several employment opportunities that were career oriented. He has lost several jobs due to illegal drug use. Joseph has attempted treatment through several programs but did not feel he had good outcomes. Joseph, at the time of referral to CAP, stated he had not used drugs or alcohol for two weeks. He felt he was doing very well.

Joseph contacted CAP because he was sent a letter stating he was not eligable for VR services because he had "a lack of desire to work". CAP staff spoke to the VR counselor who indicated he thought there were comments in his file that supported a lack of desire to work. He also stated that it felt like Joseph was just applying for VR services as part of a requirement for another program. The CAP advocate took the position that guidance and counseling came after an eligibility determination. The VR counselor was informed that Joseph had been seeking employment on his own without success which demonstrates the desire to work and a need for support to be successful in securing employment.

As a result of CAP services, the VR counselor agreed to take a new application and expedite eligibility. Joseph was found eligible within a week and began working with his VR counselor to identify a vocational goal and develop an IPE.

Case Summary 2:

Sheri is 19 years of age and was attending her senior year of high school when she contacted CAP. Her primary disability is spina bifida along with associated health issues. Sheri was very unhappy in school because she says they were not helping her with transition from school to work. She expressed wanting meaningful work experience and to graduate with a regular diploma. Through PABSS funding the advocate assisted Sheri to advocate for services through the school. Sheri also wanted to move forward with receiving services through VR in order to have a smooth transition from school to the adult world. The CAP advocate assisted Sheri to access services through the Center for Independent Living and also the VR program. VR began evaluations during Sheri’s last semester in school. These included an evaluation of her needs regarding assistive technology, career testing and a functional capacity assessment. Sheri also received guidance and counseling from VR. The business specialist from VR provided information to the school as well as leads on potential work experience sites. Sheri graduated with her peers in May 2016 with a regular diploma, work experience and an active VR case. She also was receiving independent living training through the CIL.


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 OfficialRuss Cusack
Title of Designated Agency OfficialDirector, Vocational Rehabilitation, ND DHS
Date Signed11/23/2016