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

Oregon (DISABILITY RIGHTS OREGON) - H161A160038 - FY2016

General Information

Designated Agency Identification

NameDisability Rights Oregon formerly OAC
Address610 SW Broadway, Suite 200
Address Line 2
Zip Code97205
Website Address
Toll-free Phone800-452-1695
Toll-free TTY

Operating Agency (if different from Designated Agency)

NameDisability Rights Oregon
Address610 SW Broadway, Suite 200
Address Line 2
Zip Code97205
Website Address
Toll-free Phone800-452-1695
Toll-free TTY

Additional Information

Name of CAP Director/CoordinatorTed Wenk
Person to contact regarding reportJamie Jones
Contact Person Phone503-243-2081

Part I. Non-case Services

A. Information and Referral Services (I&R)

Multiple responses are not permitted.

1. Information regarding the vocational rehabilitation (VR) program38
2. Information regarding independent living programs1
3. Information regarding American Indian VR Service projects0
4. Information regarding Title I of the ADA2
5. Other information provided1
6. Information regarding CAP26
7. Total I&R services provided (Lines A1 through A6)68

B. Training Activities

(a) topics covered: CAP general information and CAP services (b) purpose of the training: Train future rehabilitation counselors on the CAP program and its services (c) description of the attendees: The graduate class for Rehabilitation Counselling at Western Oregon University

1. Number of training sessions presented to community groups and public agencies.1
2. Number of individuals who attended these training sessions.15
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.

DRO CAP Attorneys conducted the following outreach in FY2017: - Met with representative of the tribal VR programs as a group, providing CAP brochures - Attended Independent Living Resources (ILR)’ community summer picnic event, and met with ILR staff and board members to discuss CAP services - Attended quarterly State Independent Living Council (SILC) meetings - Attended monthly ILR Community Advocacy Team meetings, working on issues such as bike transit, pedestrian advocacy to appeal to the City for accessible right-of-ways to assist community members getting to and from the workplace - Provided CAP information at the May Washington County Employment First monthly community meeting

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. Bob’s Blog - 293 2. Facebook followers - 7553 3. Twitter followers - 3,744

1. Agency Staff Interviewed or Featured on Radio and TV8
2. Articles about CAP Featured in Newspaper/Magazine/Journals0
3. PSAs/Videos Aired about the CAP Agency0
4. Publications/Booklets/Brochures Disseminated by the Agency4326
5. Number of Times CAP Exhibited at Conferences, Community Fairs, etc.0
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.

Recent media stories about DRO’s work FY16 (19 total) Radio/TV - 8 1. Oregon voter registration deadline 3 weeks away; State offering alternative ways to cast your ballot (KOIN, 09/27/16) 2. All single-user restrooms in Portland city facilities now gender-neutral (KATU, 09/23/16) 3. Groups help Oregonians with disabilities to vote (KTVZ, 07/13/16) 4. DOJ Agreement with the State of Oregon Mental Health System (KBOO, 02/11/16) 5. Improving Care for Mentally Ill Prisoners (KBOO, 02/03/16): Audio Player 6. Oregon Department of Corrections will improve care for mentally ill (KGW, 01/13/16) 7. Oregon Dept. of Corrections to improve care for mentally ill (KTVZ, 01/13/16) 8. Bringing Sheltered Workers Into the Light (Jefferson Public Radio, 01/27/16)

News Reports - 10 9. Child will stay small forever (Portland Tribune, 08/04/16) 10. Oregonians with disabilities can soon save money (Bend Bulletin, 08/04/16) 11. New Report Shines Light on Mistreatment of Deaf Prisoners in Oregon (Willamette Week, 06/23/16) 12. Is Biketown bike share for all? Or only the able-bodied? (Bike Portland, 06/02/16) 13. Oregon prisons need mental-health improvements (Statesman Journal, 01/22/16) 14. Editorial: An Important Change for Prisoners (Bend Bulletin, 01/17/16) 15. State agrees with advocacy group to reduce isolation, improve care of Oregon inmates with severe mental illnesses (Oregonian, 01/13/16) 16. Judge Approves Shift Away From Sheltered Workshops (Disability Scoop, 01/06/16) 17. Judge Weighs Disabled Workers Deal (The Register-Guard, 12/08/15) 18. The minimum wage fight you don’t know needs to be fought (Street Roots, 12/07/15)

Editorials - 1 19. My View: Disabilities don’t negate human rights (Portland Tribune, 02/04/16): Opinion by Bob Joondeph.

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)18
2. Additional individuals who were served during the year42
3. Total individuals served (Lines A1+A2)60
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.)3
5. Individual still being served as of September 30 (Carryover to next year. This total may not exceed Line A3.)26

B. Problem areas

Multiple responses permitted.

1. Individual requests information2
2. Communication problems between individual and VR counselor19
3. Conflict about VR services to be provided14
4. Related to VR application/eligibility process6
5. Related to assignment to order of selection priority category3
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 services0
8. Other Rehabilitation Act-related problems2
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 Assistance15
2. Investigation/Monitoring11
3. Negotiation8
4. Mediation and other methods of Alternative Dispute Resolution2
5. Administrative / Informal Review0
6. Formal appeal / Fair Hearing1
7. Legal remedy / Litigation0
8. Total37

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 favor15
2. Some issues resolved in individual's favor (when there are multiple issues)9
3. CAP determines VR agency position/decision was appropriate for the individual2
4. Individual's case lacks legal merit; (inappropriate for CAP intervention)8
5. Individual chose alternative representation0
6. Individual withdrew complaint1
7. Issue not resolved in clients favor2
8. CAP services not needed due to individual's death, relocation, etc.0
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. Individual provided with requested information and administrative forms. 2. Sought dental certification form; unable to obtain the original which client stated had provided to employer.

1. Controlling law/policy explained to individual12
2. Application for services completed1
3. Eligibility determination expedited0
4. Individual participated in evaluation0
5. IPE developed/implemented/Services Provided8
6. Communication re-established between individual and other party10
7. Individual assigned to new counselor/office3
8. Alternative resources identified for individual1
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 - 242
3. 25 - 4018
4. 41 - 6439
5. 65 and over1
6. Total (Sum of Lines A1 through A5. Total must equal Part II, Line A3.)60

B. Gender

Multiple responses not permitted.

1. Females30
2. Males30
3. Total (Lines B1+B2. Total must equal Part II, Line A3.)60

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. Asian0
4. Black or African American5
5. Native Hawaiian or Other Pacific Islander0
6. White32
7. Two or more races0
8. Race/ethnicity unknown21

D. Primary disabling condition of individuals served

Multiple responses not permitted.

1. Acquired Brain Injury4
4. Amputations or Absence of Extremities0
5. Arthritis or Rheumatism0
6. Anxiety Disorder0
7. Autism Spectrum Disorder4
8. Autoimmune or Immune Deficiencies (excluding AIDS/HIV)0
9. Blindness (Both Eyes)5
10. Other Visual Impairments (Not Blind)2
11. Cancer1
12. Cerebral Palsy1
13. Deafness3
14. Hard of Hearing/Hearing Impaired (Not Deaf)2
15. Deaf-Blind0
16. Diabetes0
17. Digestive Disorders0
18. Epilepsy0
19. Heart & Other Circulatory Conditions1
20. Intellectual Disability3
21. Mental Illness16
22. Multiple Sclerosis0
23. Muscular Dystrophy0
24. Muscular/Skeletal Impairment2
25. Neurological Disorders/Impairment2
26. Orthopedic Impairments12
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)1
34. Other Disability1
35. Total (Sum of Lines D1through D34. Total must equal Part II, Line A3.)60

E. Types of Individual Served

Multiple responses permitted.

1. Applicant of VR15
2. Individual eligible for VR services currently on a wait list45
3. Individual eligible for VR services not currently on a wait list0
4. Applicant or individual eligible for Independent Living0
5. Transition student/High school student0
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

DRO CAP Attorney informed Vocational Rehabilitation as to CAP notice obligations for Pre-Employment Transition Services under WIOA. This impacted the estimated 24,000 transition age students receiving special education services at public and private high schools throughout the state of Oregon to ensure that they are informed of CAP advocacy services upon their receipt of any VR services. The VR agency consented to include CAP advocacy information in their Pre-Employment Transition Services materials and has begun distributing this information. VR has instructed its staff that CAP services are available to transition age special education students.

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.1
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) External-Protection and Advocacy agency
2. Name of designate agencyDisability Rights Oregon
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)

In all, 8 staff spend some portion of their time serving the CAP program:

- Legal Director

- 3 Attorneys

- 2 Intake Specialists

- 2 Information and Referral Assistants

All these are full-time staff working the past year. These represent just one (1) full-time FTE, in person-years.

Part VI. Case Examples

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

Case Summary 1) The client was having communication and services issues with her VR counselor. Following a change in her employment goal from driver to medical office clerk, the client’s VR counselor discontinued job development services. The client requested a change of counselors and was denied. After she contacted CAP, the DRO CAP attorney reviewed her file with VR. He noted that the counselor had discontinued job developer services and that there appeared to be communication issues regarding her new job goal, with the counselor asking her why she could not look for work without assistance. The DRO CAP Attorney then attended a meeting with the client and the branch manager at her local office. At the meeting, the branch manager agreed to change the client’s counselor and start from scratch on a new IPE. Since the client’s counselor was changed services have resumed, and she is currently in the new IPE development process. The client and her counselor now have communication that is more effective.

Case Summary 2) Client had a closed case file with VR. When client was receiving VR services, several issues occurred. She felt she was not given adequate resources to prepare for a test, needed for a technical certification, which she later failed. She also received a job through a job developer that she felt was inappropriate. The DRO CAP attorney reviewed the client’s VR file and determined that case closure was proper due to a long period where client was unable to participate in services. However, the DRO CAP attorney advised client on the process for re-applying for services and contacted the branch manager at client’s office to let her know of some of the client’s concerns. The DRO CAP attorney then monitored the case as client attended orientation and intake. The DRO CAP attorney advised client of timelines for eligibility and plan development, and she had no further issues.

Case Summary 3) The client had an IPE to attend cosmetology school. The Vocational Rehabilitation Center was not timely completing paperwork with the financial aid office so she could enroll for classes. The DRO CAP Attorney reviewed the VR file then discussed the situation with the VR branch manager. The paperwork was promptly completed and client began classes.

Case Summary 4) Client was receiving services from OCB. Her employment goal necessitated a home computer. The IT worker did not adequately set up the computer so that it was accessible. The Oregon Commission for the Blind (OCB) then closed client’s VR file, stating that she was difficult to work with. OCB thereby improperly closed client file and additionally was failing to address secondary disabilities. The DRO CAP attorney intervened with representation in a due process hearing. The Administrative Law Judge issued a summary order requiring OCB to re-open the service file and resume VR services.


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 OfficialRobert C. Joondeph
Title of Designated Agency OfficialExecutive Director
Date Signed12/27/2016