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

New Mexico (NATIVE AMERICAN P and A PROJECT -- DNA - PEOPLES LEGAL SERVICES) - H161A170068 - FY2017

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/CoordinatorTherese E. Yanan
Person to contact regarding reportTherese E. Yanan
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) program0
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 provided0
6. Information regarding CAP0
7. Total I&R services provided (Lines A1 through A6)0

B. Training Activities

Three of the four trainings focused on ensuring that students with disabilities & their parents had information regarding VR services so that those services could be accessed during transition planning. One of the Law Center's attorneys presented at the National Native American Conference on Special Education, which provided information to 135 parents, students with disabilities, educators & related service providers. With this information, these parents & students can advocate for VR services to be part of transition plans & help students successfully leave school & enter employment or higher education.

1. Number of training sessions presented to community groups and public agencies.4
2. Number of individuals who attended these training sessions.164
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.

All of the Law Center's clients are Native American, a previously unserved or underserved community. The Law Center did focus this year on expanding services & outreach efforts to reach those who are eligible for VR services.

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 TV2
2. Articles about CAP Featured in Newspaper/Magazine/Journals5
3. PSAs/Videos Aired about the CAP Agency5
4. Publications/Booklets/Brochures Disseminated by the Agency1537
5. Number of Times CAP Exhibited at Conferences, Community Fairs, etc.3
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.

The regional Navajo Nation radio station, KNDN, broadcast the annual Navajo Disability Conference. The Law Center is a major participant in this conference & provided 2 sessions during the 1 day conference. Both sessions involved discussion of employment, including accessing VR services. National Native News & the newspaper coverage provided information about a major civil rights law suit that was filed by the Law Center.

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 year0
3. Total individuals served (Lines A1+A2)4
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.)0

B. Problem areas

Multiple responses permitted.

1. Individual requests information0
2. Communication problems between individual and VR counselor1
3. Conflict about VR services to be provided0
4. Related to VR application/eligibility process1
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
2
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 Assistance0
2. Investigation/Monitoring0
3. Negotiation0
4. Mediation and other methods of Alternative Dispute Resolution0
5. Administrative / Informal Review4
6. Formal appeal / Fair Hearing0
7. Legal remedy / Litigation0
8. Total4

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 favor4
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 individual0
4. Individual's case lacks legal merit; (inappropriate for CAP intervention)0
5. Individual chose alternative representation0
6. Individual withdrew complaint0
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. Controlling law/policy explained to individual0
2. Application for services completed1
3. Eligibility determination expedited0
4. Individual participated in evaluation0
5. IPE developed/implemented/Services Provided1
6. Communication re-established between individual and other party2
7. Individual assigned to new counselor/office0
8. Alternative resources identified for individual0
9. ADA/504/EEO/OCR complaint made0
10. Other (Please explain below)0

Part III. Program Data

A. Age

Multiple responses not permitted.

1. Up to 180
2. 19 - 241
3. 25 - 401
4. 41 - 642
5. 65 and over0
6. Total (Sum of Lines A1 through A5. Total must equal Part II, Line A3.)4

B. Gender

Multiple responses not permitted.

1. Females0
2. Males4
3. Total (Lines B1+B2. Total must equal Part II, Line A3.)4

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 Native4
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 Injury2
2. ADD/ADHD0
3. AIDS/HIV0
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)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 Illness0
22. Multiple Sclerosis0
23. Muscular Dystrophy0
24. Muscular/Skeletal Impairment0
25. Neurological Disorders/Impairment0
26. Orthopedic Impairments1
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.)4

E. Types of Individual Served

Multiple responses permitted.

1. Applicant of VR3
2. Individual eligible for VR services currently on a wait list0
3. Individual eligible for VR services not currently on a wait list1
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 Act0

Part IV. Systemic Activities and Litigation

A. Non-Litigation Systemic Activities

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.0
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 agencyNative American Disability Law Center
3. Is the designated agency contracting CAP services?No
4. If yes, name of contracting agency:Not Applicable

B. Staff Employed

Provide a description of all CAP positions (see instructions)

The Law Center has an Advocate and Attorney working part-time on individual cases; the Attorney provides support & guidance to the Advocate. Additionally, the Law Center's Community & Government Liaison spends a portion of his time advocating for improved policies & practices that help individuals with disabilities access VR services & employment.

The Law Center has slightly less than 4 FTEs allocated to the CAP program. This time is spread out among all of the Law Center's staff. One of the Law Center's Advocates spends about 15% of her time on CAP activities. The program staff spend 2 to 3% of their time on CAP associated activities.

Part VI. Case Examples

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

T is a 27 year-old male who is a member of the DinĂ© (Navajo) Nation and lives in Sweetwater, Arizona located on the Navajo reservation. T is diagnosed with Schizophrenia, Tourette’s Syndrome, Obsessive Compulsive Disorder (OCD), and Attention Deficit Hyperactivity Disorder (ADHD). T contacted the Law Center because he was denied vocational rehabilitation services with the Navajo Nation Office of Special Education and Rehabilitation Services (NNOSERS). T wanted to obtain employment and live independently.

T experienced significant barriers to accomplishing his employment goal. NNOSERS refused to determine T eligible for vocational rehabilitation services. It was only through the Law Center’s representation that NNOSERS reconsidered their decision and provided T with the proper evaluation process. T also experienced difficulty in accessing the work adjustment training through Arizona Division of Vocational Rehabilitation (AZDVR) because housing was unavailable in Flagstaff, Arizona. T lived over two hundred miles away from Flagstaff and other independent living agencies denied T services, leaving T with very little options and opportunity to begin his work adjustment training. As T’s AZDVR case transferred to another vocational rehabilitation counselor, T was provided the funds for a hotel, meals, and transportation for T’s father to drive him two hundred miles from Sweetwater, AZ to Flagstaff AZ.

The Law Center advocated for T to receive a job developer and job coaching services. These services were delayed because AZDVR and NNOSERS did not have a provider for T’s remote region. After additional advocacy & support from the Law Center’s Advocate, T received a job developer who provided him job searching services and assisted T in applying for jobs. Less than a week later, T obtained gainful employment at a Best Western hotel in Farmington, New Mexico as a housekeeper.

The Law Center coordinated group meetings with T’s service providers who contributed in reaching T’s employment goal. From the Law Center’s involvement, T has the access to resources and services that will provide T for future growth in employment. T would not have made the progress and obtained employment this year without the Law Center’s support and advocacy.

___________________________________________

Ryan is a 44-year-old Navajo gentleman who resides in a community of Durango, Colorado. Mr. R was raised in a small rural community on the Navajo Reservation in Arizona. Ryan graduated from a public high school then pursued a college degree, which he obtained his college degree. R was diagnosed with a mental illness and TBI. R shared a maternal love for his mom because she played an important role in his life before his accident and after he was diagnosed with mental illness and TBI. R explained his mom taught R he would become his best advocate along with her traditional teaching. R lived with one of his nieces on his maternal clan relative in Durango, CO. R’s niece was pursuing college degree courses in Durango, Colorado, to become a physical therapist.

Ryan contacted the Law Center requesting for assistance because he received a case closure letter that his Vocational Rehabilitation case employment goals were successfully met with the Southern Ute Tribal Office in Ignacio, Colorado. R disagreed with the Southern Ute VR program because his employment goal was not attained successfully. The Law Center advocate help R in two direct representation VR meetings to address the grievance procedure complaint on R’s behalf regarding his VR case.

Because the Law Center accepted R’s case to file a grievance procedure complaint against the Southern Ute Tribal VR program. The submitted grievance complaint ruled in favorable outcome to keep R’s VR case open. The Southern Ute VR program wrote concrete goals, so he can pursue his certificate training in the theory and practice to become a certified EAGALA professional in the practice of equine assisted psychotherapy and personal development. R continues to strengthen his advocate skills and broaden his knowledge of equine assisted psychotherapy to hopefully open a business in the future.

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 OfficialTherese E. Yanan
Title of Designated Agency OfficialExecutive Director
Date Signed12/08/2017