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

Idaho (DisAbility Rights Idaho, Inc.) - H161A170059 - FY2017

General Information

Designated Agency Identification

NameDisAbility Rights Idaho, Inc.
Address4477 Emerald Street
Address Line 2Suite B-100
Zip Code83706-2066
Website Address
Toll-free Phone866-262-3462
Toll-free TTY

Operating Agency (if different from Designated Agency)

NameDisAbility Rights Idaho, Inc.
Address4477 Emerald Street
Address Line 2Suite B-100
Zip Code83706
Website Address
Toll-free Phone866-262-3462
Toll-free TTY

Additional Information

Name of CAP Director/CoordinatorDina M. Flores-Brewer
Person to contact regarding reportDina M. 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) program2
2. Information regarding independent living programs1
3. Information regarding American Indian VR Service projects0
4. Information regarding Title I of the ADA0
5. Other information provided0
6. Information regarding CAP2
7. Total I&R services provided (Lines A1 through A6)5

B. Training Activities

1. 6/27/17: ADA Training to Court clerks, trial court administrators, and other court staff within the 5th Judicial District at the District's All Clerk's Training in Twin Falls, ID. Overview on ADA's requirements for effective communication program access, and reasonable modifications, as well as review of new ICAR 50, adopted last year, which outlines court's obligations to provide reasonable accommodations to people with disabilities, creates ADA coordinator for the court system, outlines who is responsible for granting/denying accommodation requests, and outlines grievance process.

2. 5/18/17: Training at Idaho State University to speech language pathology students regarding assistive technology, Medicaid, and funding options for AT, including VR. Provided information about P&A and CAP program. Approximately 30 students.

3 & 4. 4/11/17: Two transition presentations regarding transition IEPs, IDVR services, CAP and P&A services to 3 students/3 teachers (morning session) and 7 students/3 teachers (afternoon session) at Highland High School in Pocatello. Information was provided on transition services/IEPs, what they are, what they should include, self advocacy tips and other information on services/accommodations from college disability centers and IDVR. Questions and answers were discussed after the presentation.

5. 3/6/17: Hot Topics in Employment:Rights of Workers with Disabilities presented at Tools for Life Transition Fair in Pocatello, ID to approximately 23 transition age students with disabilities, parents and teachers. Topics included rights of workers with disabilities under the ADA, Section 504, and other laws. Hot topics included reasonable accommodations, rights in sheltered workshops, fair wages, and additional protections under WIOA.

6. 3/6/17: Self-Advocacy: Making Dreams a Reality presented at Tools for Life Transition Fair. Approximately 55 transition age students with disabilities, parents, teachers and providers attended the session learning about the definition of self-advocacy, characteristics of self-advocacy and skill development, providing examples of decision making opportunities, and increasing independence.

7. 3/6/17Transition IEPs: The Force Is With You training provided at Tools for Life Transition Fair. Approximately 31 transition age students with disabilities, parents and teachers attended this workshop on transition IEP plans, what is important to know about them, understanding a students rights to transition services, questions to be asked, and students' roles.

8. 3/7/17: Supported Decision Making workshop at Tools for Life Transition Fair was given to 31 transition age students with disabilities, parents, and teachers. Supported decision making was discussed as an alternative to guardianship and conservatorship, allowing students with disabilities to participate in and self-direct decisions affecting their lives. Self-Advocacy packets were distributed, including sample supported decision making forms, and a termination petition.

9. 3/7/17: You have the Power - Go Vote! at Tools for Life Transition fair. 1 student attended this training on voter rights for persons with disabilities and accessible voting options.

10 & 11. 2/13/17: Two transition IEPs presentations at Highland High School in Pocatello, ID. Morning workshop was attended by 6 transition age students with disabilities; afternoon workshop attended by 7 transition age students with disabilities. Transition IEPs were reviewed and samples provided, students were informed of issues to be aware of by the time they turn 16, who should be part of IEP team, and information about agencies to be involved, including IDVR, CAP and SSA. Other issues included accessing community resources, transportation and independent living services from CILs were also discussed. CAP brochures were also provided.

1. Number of training sessions presented to community groups and public agencies.11
2. Number of individuals who attended these training sessions.207
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.

1/27/17: Outreach to Rocky Mountain High School Special Ed Transition program. 25 transition age students with disabilities, teachers and parents. 2/13/17: Highland High School, Pocatello, ID; 13 transition age students with disabilities, including students who were Hispanic and Shoshone-Bannock. 3/6-7/17: Tools for Life, Pocatello ID. Approx. 300 transition age students with disabilities, parents, teachers and service providers. There were less than 20 minority students, predominately Hispanic. 3/8/17: Disability Awareness Day at the Capitol in Boise. Approximately 100 attendees, including people with disabilities, minorities, transition age youth, veterans, Legislators, service providers and family members. 3/20/17: Outreach to Renaissance High School special education students. 25 transition age students with disabilities and staff. 4/10/17: Highland High School — 16 transition age youth with disabilities, several of whom were Hispanic or members of the local Shoshone-Bannock Tribe. 4/13/17: Outreach presentation to Brain Injury Alliance of ID on accessing accommodations & disability services in college, and how to access VR services, including CAP information. 4/17/17: Canyon County Juvenile Detention Center in Caldwell, ID. 5/1/27: Outreach to Veterans Administration VR program and Employment Officers. Approx. 7 VA VR officers in attendance. 6/7-8/17: 3 sheltered Workshops in N. Idaho (Tri-Co in Craigmont — 11 individuals, TESH in Coeur d’Alene — 40 individuals, Seven Oaks in Coeur d’Alene — 5 individuals). Provided info on CAP and P&A services, information on Rights in the Workplace and VR services. 6/8/17: Veterans Administration Mental Health summit at Concordia School of Law. Approx. 125 attendees received information about P&A and CAP services. 6/14/17: Idaho Commission for the Blind and Visually Impaired college/career transition fair at Boise State University. 37 attendees, including transition age youth with disabilities, young adults, and others. 6/20/17: Outreach to Magic Valley Rehabilitation Services Sheltered Workshop in Twin Falls, ID to approximately 23 individuals. 6/22/17: Outreach to the ARC Sheltered Workshop in Boise to approximately 150 individuals with disabilities. 6/27/17: Outreach to 25 Hispanic parents and transition age youth with disabilities at Nampa Public Library in collaboration with Idaho Council on Developmental Disabilities. 8/7/17: Fort Hall Bannock Gathering — Shoshone-Bannock Tribe, 30-35 people received information about the P&A and CAP programs. 8/9/17: Shoshone-Bannock Fun Run — 40 individuals received information about the P&A and CAP programs. 10/18/16: Outreach presentation to 15 students & staff at Idaho Commission for the Blind and visually Impaired.

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.

Outreach to RSA funded agencies: 1. CAP Director attended Idaho Division of Vocational Rehabilitation Inservice - provided CAP information to approximately 100 VR Counselors, Managers and Administrators from around the state. 2. Outreach to Independent Living Centers - CAP conducted outreach to Disability Action Center NW in Moscow in March, and Living Independence Network Corporation in Boise in August. 3. Outreach to the Idaho Commission for the Blind and Visually Impaired in October, 2016, providing information about the P&A and CAP.

1. Agency Staff Interviewed or Featured on Radio and TV2
2. Articles about CAP Featured in Newspaper/Magazine/Journals5
3. PSAs/Videos Aired about the CAP Agency0
4. Publications/Booklets/Brochures Disseminated by the Agency7280
5. Number of Times CAP Exhibited at Conferences, Community Fairs, etc.8
6. Other (specify below)4

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, Idaho Commission for the Blind and Visually Impaired, and the Centers for Independent Living all regularly distribute information about the CAP. Combined, over 4000 CAP brochures in English and Spanish were distributed to these entities. Additionally, another 200+ brochures were distributed to the Nez Perce Tribal VR Program and the Shoshone-Bannock Tribal VR Program.

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)3
2. Additional individuals who were served during the year26
3. Total individuals served (Lines A1+A2)29
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.)5

B. Problem areas

Multiple responses permitted.

1. Individual requests information1
2. Communication problems between individual and VR counselor7
3. Conflict about VR services to be provided13
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
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 ADA1

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 Assistance24
2. Investigation/Monitoring0
3. Negotiation0
4. Mediation and other methods of Alternative Dispute Resolution0
5. Administrative / Informal Review2
6. Formal appeal / Fair Hearing1
7. Legal remedy / Litigation0
8. Total27

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 favor17
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 individual2
4. Individual's case lacks legal merit; (inappropriate for CAP intervention)2
5. Individual chose alternative representation0
6. Individual withdrew complaint4
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 CAP0
10. CAP unable to take case due to lack of resources0
11. Conflict of interest0
12. Other (Please explain below)0

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. Complaint withdrawn b/c client found employment 2. Client obtained second CBWE

1. Controlling law/policy explained to individual3
2. Application for services completed2
3. Eligibility determination expedited0
4. Individual participated in evaluation0
5. IPE developed/implemented/Services Provided6
6. Communication re-established between individual and other party5
7. Individual assigned to new counselor/office2
8. Alternative resources identified for individual5
9. ADA/504/EEO/OCR complaint made2
10. Other (Please explain below)2

Part III. Program Data

A. Age

Multiple responses not permitted.

1. Up to 180
2. 19 - 243
3. 25 - 407
4. 41 - 6416
5. 65 and over3
6. Total (Sum of Lines A1 through A5. Total must equal Part II, Line A3.)29

B. Gender

Multiple responses not permitted.

1. Females18
2. Males11
3. Total (Lines B1+B2. Total must equal Part II, Line A3.)29

C. Race/ethnicity of Individuals Served

1. Hispanic/Latino of any race (for individuals who are non-Hispanic/Latino only)3
2. American Indian or Alaskan Native1
3. Asian0
4. Black or African American0
5. Native Hawaiian or Other Pacific Islander0
6. White23
7. Two or more races2
8. Race/ethnicity unknown0

D. Primary disabling condition of individuals served

Multiple responses not permitted.

1. Acquired Brain Injury2
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)2
11. Cancer1
12. Cerebral Palsy0
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 Conditions1
20. Intellectual Disability0
21. Mental Illness9
22. Multiple Sclerosis0
23. Muscular Dystrophy0
24. Muscular/Skeletal Impairment0
25. Neurological Disorders/Impairment1
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.)29

E. Types of Individual Served

Multiple responses permitted.

1. Applicant of VR13
2. Individual eligible for VR services currently on a wait list13
3. Individual eligible for VR services not currently on a wait list0
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

State Rehabilitation Council: CAP/Advocacy Director participated on the Idaho State Rehabilitation Council. Agenda items involved IDVR staff giving detailed information about the agency, including computer programs, staff changes, etc. At the request of Council members, future meetings will include more time for SRC issues, and providing more meaningful input into IDVR customers’ unmet needs. SRC members participated in a focus group by IDVR’s technical assistance provider for input into IDVR’s Triennial Comprehensive Statewide Needs Assessment. CAP, as a member of the SRC was able to provide input in VR proposed rule changes, including some recommendations in preparation for possible Order of Selection process.

Idaho Interagency Council on Secondary Transition: The Council’s primary purpose is to review Idaho’s performance in meeting the needs of transition age youth, address barriers to transition, and help coordinate the Tools for Life Transition Conference sponsored by the Idaho AT Project. The Council received information from IDVR on its second year of providing pre-employment transition services (Pre-ETS) required by the Workforce Innovation and Opportunities Act. Sponsored programs included college camps at BSU, ISU, and Lewis-Clark State College; McCall Science Camp; IDVR’s summer work experience; and IPUL’s summer art program, all aimed at getting work or college experiences to transition age youth ages 16-21. Programs will be provided next year, with possibly more introduced. Idaho’s statistics for youth with disabilities participating in work, college or training after high school are slowly improving, but a full third report not participating in anything one year after high school.

Community NOW: The Executive Director and Advocacy Director participated as family members in the Community NOW! Project, sponsored by Idaho Department of Health and Welfare, the ACLU and the Idaho Council on Developmental Disabilities, resulting from the settlement in the KW v. Armstrong lawsuit brought by the ACLU on behalf of Idaho adults with developmental disabilities regarding their Medicaid services. Adults receiving services through the Medicaid DD Waiver and their families were the primary respondents, giving input in two workgroups — Work, and Home/Community, about services for people with DD, barriers to community and work, and brainstorming remedies. Agency representatives, including representation from Vocational Rehabilitation and community rehabilitation partners, were asked to listen and not comment, until the end of the meetings where they were able to help brainstorm solutions. The result was a comprehensive report on recommendations to IDHW Medicaid for improving DD waiver services, including employment services. Smaller workgroups continue to provide input to Medicaid in implementing the suggestions.

Input on IDOL Able to Work website: CAP staff met with representatives from the Idaho Department of Labor, Idaho Division of Vocational Rehabilitation, and the Idaho Council on Developmental Disabilities to review a proposed website explaining access to the SSA disability program and work incentives. The review of the website included the creation of 6 short educational and informative animated videos portraying an individual with disabilities asking questions about how to apply for disability benefits, how to work while on benefits, and what alternative or accessible programs were available for an individual to use in order to accommodate their disability while working. These videos would later be developed and put on the IDOL ABLE to work website in early Fall for public access. Potential impact: 178,000 individuals with disabilities in Idaho.

Meeting with IDVR Administration: CAP Director met with Jane Donnellan and Nanna Hanchett to discuss systemic issues with the proposal from IDVR to transfer funds from the Extended Employment Supports program to the IDVR general budget. Ultimately, the state did not allow the transfer, as it was not allowed under state rule. CAP concerns were that there were individuals still on the EES wait list, so if funds were available, those individuals should be served. IDVR maintained those individuals were not ready for services, thus the money would return to the state general fund. Other issues discussed that need to be addressed in the future: 1. IDVR pulls people off the wait list if they are eligible for either A&D or DD Medicaid waiver services - they do not verify if the person is actually able to access supported employment services or if their budget allows those services to be added to their plan. IDVR also does not understand budget cap on A&D waiver; 2. IDVR is not conducting required annual review of people on the wait list - they send a letter out in English, not plain language, requiring the person to reply by a deadline if they want to stay on wait list. No re-evaluation is conducted, which is required by regulation. The EES wait list is down to less than 70 people, from over 800 three years ago. IDVR is providing training at inservice to staff on supported employment and are adding staff to EES.

Focus Group Participation: CAP Director met with Chip Kenney, Project Director at the Workforce Innovation Technical Assistance Center (WINTAC), which provides TA to IDVR and is conducting their 5 year assessment of needs. Input was provided on IDVR’s Statement of Unmet Needs on barriers PWD have accessing IDVR services, unmet needs of PWD in Idaho, which disability categories have the most difficulty accessing VR, and other systemic issues. Issues discussed included difficulty access services for people of different ethnicities, people with severe disabilities, and people in rural areas. The EES wait list was discussed, as was the failure on IDVRs part to effectively evaluate people with severe disabilities before putting them on the wait list. Comments from CAP will be incorporated into the report, which will be disseminated to SRC and other stakeholders. Chip expressed interest in the video done by the Washington P&A on employment of people with severe disabilities. I mentioned this video to Nanna H, then Chief of Field Services, and received lukewarm interest.

ABLE Act Technical Assistance / State and local programs: A bill was introduced to fund a position at the Idaho State Independent Living Council (SILC) to provide advice and technical assistance on Achieving A Better Life Experience (ABLE) Act accounts from other states, as well as basic financial literacy for people with disabilities. It would also exempt ABLE Act accounts from being counted in state or local means tested programs. The P&A/CAP provided information to Legislators on the need for ABLE Account assistance, and the impact having this additional tool would mean for people with disabilities to be able to work.

Idaho Dept. of Labor Able to Work Website: P&A/CAP Advocate was invited to participate in a preliminary review of the Able To Work state website being created by the Idaho Department of Labor under a special grant to provide assistance to individuals with disabilities who wish to seek employment in Idaho. The website contains comprehensive employment supports information including resume writing, contacting providers throughout the state, and how SSI/SSDI might be affected by employment earnings. The website also provides referrals to Idaho Division of Vocational Rehabilitation, and the P&A/CAP.

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.8
2. Describe the systemic activities conducted by CAP during the fiscal year and its impact on other agency's policies or practices.

B. Litigation

The CAP has been successful at resolving issues prior to resorting to 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, Senior Advocates (2), Staff Attorney (2), Advocate (3)

Type of Position Professional: FTE = .81, % of year filled = 100%, Person-Years = .81 Full-time: FTE = N/A, % of year filled = N/A, Person-Years = N/A Part-time: FTE = .81, % of year filled = 100%, Person-Years = .81 Vacant: FTE = 0.00, % of year filled = 0.00%, Person-Years = 0.00

Clerical: FTE = .31, % of year filled = 85.83%, Person-Years = 1.33 Full-time: FTE = N/A, % of year filled = N/A, Person-Years = N/A Part-time: FTE = .31, % of year filled = 85.83%, Person-Years = 1.33 Vacant: FTE = .63, % of year filled = 5.21%, Person-Years = 0.03

Part VI. Case Examples

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

1. Client is a 61 year old Caucasian male diagnosed with Hard of Hearing impairment, not deaf, who called the CAP/P&A program requesting assistance with a conflict of services to be provided from Voc Rehab. The caller was a past recipient of VR services, in which they purchased a hearing aid for him less than two years ago, and successfully closed his case. The hearing aid is not working, however the warranty is expired, and VR was refusing to assist with repairs. The P&A reviewed the client's information and requested records from the VRC. After review of the records, it was confirmed that the client was eligible for Post Employment Services, and eligible for repair of costs associated with his hearing aid. After several communications with the VRC, and providing copies of the pertinent regulations and policies, it was agreed that the client's hearing aid repair would be paid for by VR as a post employment service to maintain his employment. The client had the hearing aid repaired to working condition, using a secondary provider, as the first provider recommended by VR could not fix it. As a result of CAP intervention and advocacy, the client is back to work with a working hearing device, and the case was successfully closed. 2. CAP was contacted by a 52 year old not Hispanic/Latino, Caucasian female with Mental illness, Neurological disorders, and physical/orthopedic impairments, needing assistance with IDVR services. She applied, and was found eligible, for VR services, but several months later still did not have an Individual Plan for Employment due to multiple cancellations by her VR counselor. The P&A helped her get another counselor, and attended meetings with the VR counselor to finalize the plan, which included getting an employment specialist to locate an appropriate job. After several weeks, the client was not satisfied with the employment specialist, who CAP agreed was not providing adequate services. CAP advocated with VR and was able to assist the client get a different employment specialist. The client was able to get a preferred job. 3. CAP was contacted by a 42 year old white male with blindness and Multiple Sclerosis, appealing IDVR denial of vehicle modifications to accommodate his employment goals of obtaining a Bachelor’s Degree at a local university (IDVR was paying for the post secondary program under an approved IPE). The VR counselor felt that paying for public transportation was more appropriate and cost effective, ignoring client’s assertions that public transportation would not work because it was not available at all times for his classes, labs/research, and other activities required for him to obtain his degree. He would then need to pay for a cab for transport during those times, adding to the cost of his plan. Nonetheless, IDVR refused. CAP represented client at informal review with the Regional Manager, presenting a detailed analysis that public transport for the next two years would be more expensive than modifying the client’s vehicle while the client completed his degree. The Regional Manager agreed, reversing the denial. Client was able to get his vehicle modified to drive himself to and from school, and other required activities to allow him to complete his degree program.


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 Signed12/07/2017