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

New Mexico (NATIVE AMERICAN P and A PROJECT -- DNA - PEOPLES LEGAL SERVICES) - H161A160068 - FY2016

General Information

Designated Agency Identification

NameNative American Disability Law Center
Address3535 E. 30th Street
Address Line 2Suite 201
CityFarmington
StateNew Mexico
Zip Code87402
E-mail Addresstyanan@nativedisabilitylaw.org
Website Addresshttp://www.nativedisabilitylaw.org
Phone505-566-5880
TTY
Toll-free Phone800-862-7271
Toll-free TTY
Fax505-566-5889

Operating Agency (if different from Designated Agency)

NameNative American Disability Law Center
Address3535 E. 30th Street
Address Line 2Suite 201
CityFarmington
Zip Code87402
E-mail Addresstyanan@nativedisabilitylaw.org
Website Addresshttp://www.nativedisabilitylaw.org
Phone505-566-5880
TTY
Toll-free Phone800-862-7271
Toll-free TTY
Fax505-566-5889

Additional Information

Name of CAP Director/Coordinator
Person to contact regarding reportLaura McClenny
Contact Person Phone505 566 5880

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 programs3
3. Information regarding American Indian VR Service projects6
4. Information regarding Title I of the ADA0
5. Other information provided4
6. Information regarding CAP6
7. Total I&R services provided (Lines A1 through A6)25

B. Training Activities

Seven trainings include three self advocacy meetings where Clients had questions about little or no response from VR counselors, the Hopi Disability conference, Transition conference and meeting with Rooted in Rights to create film. Purposes were varied from giving young people with disabilities ways to talk to VR counselors to describing regional differences for Rooted in Rights. Two larger conferences included a varied group of people, parents, youth, advocates, school personnel. Age ranges for attendees was 12 - 80 and 90% of attendees were Native Americans.

1. Number of training sessions presented to community groups and public agencies.7
2. Number of individuals who attended these training sessions.113
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.

In addition to trainings above, the Law Center created a new video highlighting success for Native Americans with disabilities who have found success in returning to work.

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.

produced video - now writing talking points and will be ready for distribution this new fiscal year.

1. Agency Staff Interviewed or Featured on Radio and TV2
2. Articles about CAP Featured in Newspaper/Magazine/Journals1
3. PSAs/Videos Aired about the CAP Agency8
4. Publications/Booklets/Brochures Disseminated by the Agency2171
5. Number of Times CAP Exhibited at Conferences, Community Fairs, etc.7
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.

We rely on three main newspapers and several radio stations covering both Navajo Nation and Hopi. Radio coverage for CAP was done in both English and Navajo. The Navajo Times covers all of the 24,000 sq. miles of the Nation.

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)4
2. Additional individuals who were served during the year2
3. Total individuals served (Lines A1+A2)6
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.)0
5. Individual still being served as of September 30 (Carryover to next year. This total may not exceed Line A3.)4

B. Problem areas

Multiple responses permitted.

1. Individual requests information6
2. Communication problems between individual and VR counselor3
3. Conflict about VR services to be provided3
4. Related to VR application/eligibility process2
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
0
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 Assistance2
2. Investigation/Monitoring0
3. Negotiation4
4. Mediation and other methods of Alternative Dispute Resolution0
5. Administrative / Informal Review0
6. Formal appeal / Fair Hearing0
7. Legal remedy / Litigation0
8. Total6

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 favor1
2. Some issues resolved in individual's favor (when there are multiple issues)0
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 withdrew complaint1
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. Controlling law/policy explained to individual6
2. Application for services completed0
3. Eligibility determination expedited0
4. Individual participated in evaluation3
5. IPE developed/implemented/Services Provided4
6. Communication re-established between individual and other party0
7. Individual assigned to new counselor/office2
8. Alternative resources identified for individual0
9. ADA/504/EEO/OCR complaint made0
10. Other (Please explain below)

Part III. Program Data

A. Age

Multiple responses not permitted.

1. Up to 180
2. 19 - 243
3. 25 - 402
4. 41 - 641
5. 65 and over0
6. Total (Sum of Lines A1 through A5. Total must equal Part II, Line A3.)6

B. Gender

Multiple responses not permitted.

1. Females2
2. Males4
3. Total (Lines B1+B2. Total must equal Part II, Line A3.)6

C. Race/ethnicity of Individuals Served

1. Hispanic/Latino of any race (for individuals who are non-Hispanic/Latino only)0
2. American Indian or Alaskan Native6
3. Asian0
4. Black or African American0
5. Native Hawaiian or Other Pacific Islander0
6. White0
7. Two or more races0
8. Race/ethnicity unknown0

D. Primary disabling condition of individuals served

Multiple responses not permitted.

1. Acquired Brain Injury3
2. ADD/ADHD1
3. AIDS/HIV0
4. Amputations or Absence of Extremities0
5. Arthritis or Rheumatism0
6. Anxiety Disorder0
7. Autism Spectrum Disorder1
8. Autoimmune or Immune Deficiencies (excluding AIDS/HIV)0
9. Blindness (Both Eyes)0
10. Other Visual Impairments (Not Blind)0
11. Cancer0
12. Cerebral Palsy0
13. Deafness0
14. Hard of Hearing/Hearing Impaired (Not Deaf)0
15. Deaf-Blind0
16. Diabetes0
17. Digestive Disorders0
18. Epilepsy0
19. Heart & Other Circulatory Conditions0
20. Intellectual Disability0
21. Mental Illness1
22. Multiple Sclerosis0
23. Muscular Dystrophy0
24. Muscular/Skeletal Impairment0
25. Neurological Disorders/Impairment0
26. Orthopedic Impairments0
27. Personality Disorders0
28. Respiratory Disorders/Impairment0
29. Skin Conditions0
30. Specific Learning Disabilities (SLD)0
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.)6

E. Types of Individual Served

Multiple responses permitted.

1. Applicant of VR5
2. Individual eligible for VR services currently on a wait list4
3. Individual eligible for VR services not currently on a wait list2
4. Applicant or individual eligible for Independent Living3
5. Transition student/High school student2
6. All other applicants or individuals eligible for other programs or projects funded unther Rehabilitation Act6

Part IV. Systemic Activities and Litigation

A. Non-Litigation Systemic Activities

Law Center staff continue to serve on tribal policy committees and to supply legal advice on drafting new revisions to existing tribal law (Navajo and Hopi) to extend services and provide a foundation that is in keeping with ADA laws and allows there to be legal recourse when agencies do not comply.

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

Currently there are no filed cases and one pending.

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 agencyNative American Disability Law Center
3. Is the designated agency contracting CAP services?Yes
4. If yes, name of contracting agency:Native Amercian Disability Law Center

B. Staff Employed

Provide a description of all CAP positions (see instructions)

The Law Center currently has four advocates that make referrals and give information and referrals. All four do direct representation in meetings and hearings to access and advocate for VR services. Two advocates have law degrees and two do not.

A fifth person is an intake specialist and she is well versed in CAP program specifics.

Part VI. Case Examples

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

T.Y. is a 27 yr. old male who is a member of the Dine’ (Navajo) Nation, living in Sweetwater AZ. T.Y. has been diagnosed with Schizophrenia, Tourette’s, Obsessive-Compulsive Disorder and ADHD. After numerous barriers over the last year and refusal from tribal agencies to work with T.Y. the Law Center gathered a team together, involving four main organizations. With team work, T.Y. moved off the reservation for his first time to live independently and complete a work training experience. T.Y. passed his certification for Safeway Courtesy Clerk - his stated goal. After more than two years. T.Y. is now being assisted with housing back on the Navajo Nation, close to family, and a job coach will assist in securing employment at the local grocery store.

Another large accomplishment this fiscal year has been to create a video that speaks specifically to CAP programs with interviews from our Executive Director, a Navajo Nation VR counselor and other former clients who have found success in employment.

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 OfficialLaura McClenny
Title of Designated Agency OfficialInterim Project Director
Date Signed12/06/2016