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

North Dakota (North Dakota Department of Human Services) - H161A170035 - FY2017

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 Phone(701) 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) program4
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 CAP7
7. Total I&R services provided (Lines A1 through A6)14

B. Training Activities

a) VR services; CAP services; ND Transition App; advocacy strategies; subminimum wage; b) encourage interested individuals to avail themselves of VR services; encourage use of the ND Transition App for high school students and young adults; educate interested individuals and the public re subminimum wage jobs and the focus on this for people with disabilities; c) teachers; individuals with disabilities; family members; CIL staff; new VR counselors; advocates; Transition Community of Practice committee; Tribal 121 VR staff

1. Number of training sessions presented to community groups and public agencies.16
2. Number of individuals who attended these training sessions.209
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.

The CAP staff made 25 outreach visits across the State. These included meetings with entity staff (e.g., program managers, service providers, veterans' center, human service centers, recovery center for people with mental illness, Native American reservations, booths at community health fairs, and a presentation at a statewide youth conference

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 Agency1500
5. Number of Times CAP Exhibited at Conferences, Community Fairs, etc.5
6. Other (specify below)0

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)24
2. Additional individuals who were served during the year16
3. Total individuals served (Lines A1+A2)40
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.)9

B. Problem areas

Multiple responses permitted.

1. Individual requests information1
2. Communication problems between individual and VR counselor16
3. Conflict about VR services to be provided17
4. Related to VR application/eligibility process7
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 services0
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 Assistance9
2. Investigation/Monitoring0
3. Negotiation24
4. Mediation and other methods of Alternative Dispute Resolution0
5. Administrative / Informal Review0
6. Formal appeal / Fair Hearing0
7. Legal remedy / Litigation0
8. Total33

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 favor5
2. Some issues resolved in individual's favor (when there are multiple issues)11
3. CAP determines VR agency position/decision was appropriate for the individual3
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 CAP11
10. CAP unable to take case due to lack of resources0
11. Conflict of interest1
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.)

Individuals did not want to continue with their complaints and/or were not responsive to CAP contacts (e.g., phone service discontinued, no response to calls/mail).

1. Controlling law/policy explained to individual5
2. Application for services completed2
3. Eligibility determination expedited0
4. Individual participated in evaluation0
5. IPE developed/implemented/Services Provided4
6. Communication re-established between individual and other party13
7. Individual assigned to new counselor/office0
8. Alternative resources identified for individual2
9. ADA/504/EEO/OCR complaint made1
10. Other (Please explain below)6

Part III. Program Data

A. Age

Multiple responses not permitted.

1. Up to 180
2. 19 - 248
3. 25 - 408
4. 41 - 6422
5. 65 and over2
6. Total (Sum of Lines A1 through A5. Total must equal Part II, Line A3.)40

B. Gender

Multiple responses not permitted.

1. Females21
2. Males19
3. Total (Lines B1+B2. Total must equal Part II, Line A3.)40

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 Native9
3. Asian0
4. Black or African American3
5. Native Hawaiian or Other Pacific Islander0
6. White25
7. Two or more races0
8. Race/ethnicity unknown0

D. Primary disabling condition of individuals served

Multiple responses not permitted.

1. Acquired Brain Injury1
4. Amputations or Absence of Extremities0
5. Arthritis or Rheumatism0
6. Anxiety Disorder0
7. Autism Spectrum Disorder0
8. Autoimmune or Immune Deficiencies (excluding AIDS/HIV)0
9. Blindness (Both Eyes)0
10. Other Visual Impairments (Not Blind)1
11. Cancer0
12. Cerebral Palsy1
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 Disability3
21. Mental Illness16
22. Multiple Sclerosis0
23. Muscular Dystrophy0
24. Muscular/Skeletal Impairment2
25. Neurological Disorders/Impairment1
26. Orthopedic Impairments7
27. Personality Disorders0
28. Respiratory Disorders/Impairment0
29. Skin Conditions0
30. Specific Learning Disabilities (SLD)3
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.)40

E. Types of Individual Served

Multiple responses permitted.

1. Applicant of VR25
2. Individual eligible for VR services currently on a wait list0
3. Individual eligible for VR services not currently on a wait list14
4. Applicant or individual eligible for Independent Living0
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

Transition App: CAP developed a transition app for ND through a contract with the Kansas P&A. The tool, which is available for use through the a website, or can be downloaded as an app to a mobile device, is a survey of questions for transition aged students. Once the youth completes the questionnaire, the information is formatted into a report which can be printed or e-mailed. This document is helpful for the student to share with his/her IEP team for transition planning and it is a great way to engage students in the transition discussion with his/her team. A young adult and a teenager, both familiar with IEP's and the transition process from personal experience, helped with development of the app which was completed in May 2017. The high school student also developed the logo for the app. Information is available at: CAP has received significant positive feedback from schools, transition councils, students, parents, and advocates.

State Rehabilitation Council: CAP is an active member of the SRC. With a change in CAP staff occurring during FY 2017, the CAP representative on the SRC also changed. The Governor's Committee on the Employment of People with Disabilities was ended by the State Legislature during the 2017 Session. Some members of this committee were folded into the SRC.

Transition Community of Practice: CAP staff remain actively involved with this group which has been supportive of the transition app.

Transition Consortium: This group includes the ND Center for Persons with Disabilities (Minot State University), VR, Dept. of Public Instruction, State Council on Developmental Disabilities, and CAP. It has maintained the "Launch My Life" website, and is actively working on some updates, aimed at transition.

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.4
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 agencyND Division of Vocational Rehabilitation
3. Is the designated agency contracting CAP services?Yes
4. If yes, name of contracting agency:Protection & Advocacy Project

B. Staff Employed

Provide a description of all CAP positions (see instructions)

The ND CAP had staff changes in FY 2017. Vickay Gross, a long time employee, retired this summer. Her position was reclassified to that of an attorney and Cynthia Goulet was hired with a start date of Oct. 1, 2017. Following is the current CAP team with their roles and percentage of time they work in the program: Cynthia Goulet (attorney, 40% - first day of work - Oct. 2, 2017); Loretta Movchan (advocate, 50%); Dave Boeck (Dir. of Legal Services, 5%), and Teresa Larsen (Exec. Dir., 10%).

Part VI. Case Examples

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

Case Summary 1:

Betsy is 34 years-old, Native American, and lives on one of the reservations in ND. She has a kidney disorder and an anxiety disorder. She contacted CAP reporting that she was having difficulty accessing VR services through the Tribal 121 VR office. Betsy stated she was told that there was a wait list for VR services and she'd "already been helped before". Betsy's concerns were resolved and she was provided with VR services. She is attending college and plans to graduate soon with a degree in accounting.

Case Summary 2:

Jeremy requested services from CAP as he was not in agreement with VR reducing payment (number of hours) for his personal care attendant services while he was attending classes at the local university. VR was paying for 35 hours of services/week for Jeremy to take classes. VR decided to reduce the hours to 6/week to cover classroom time only. Jeremy reported that this is not adequate as he needs 3 hours/day to do homework plus time for assistance with personal cares and assistance with eating. Jeremy has appealed the decision and is being represented by CAP. While this process is going on, VR is continuing to provide personal care services to Jeremy to meet his needs. Other options for home and community-based services are also being explored.


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 OfficialRobyn Throlson
Title of Designated Agency OfficialActing Director of ND Vocational Rehabilitation
Date Signed12/21/2017