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

Oregon (DISABILITY RIGHTS OREGON) - H161A170038 - FY2017

General Information

Designated Agency Identification

NameDisability Rights Oregon formerly OAC
Address610 SW Broadway, Suite 200
Address Line 2
CityPortland
StateOregon
Zip Code97205
E-mail Addresswelcome@droregon.org
Website Addresshttp://droregon.org/
Phone503-243-2081
TTY
Toll-free Phone800-452-1695
Toll-free TTY
Fax503-243-1738

Operating Agency (if different from Designated Agency)

Name
Address
Address Line 2
City
Zip Code
E-mail Address
Website Address
Phone
TTY
Toll-free Phone
Toll-free TTY
Fax

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) program14
2. Information regarding independent living programs3
3. Information regarding American Indian VR Service projects0
4. Information regarding Title I of the ADA1
5. Other information provided0
6. Information regarding CAP41
7. Total I&R services provided (Lines A1 through A6)59

B. Training Activities

CAP Attorney Matthew Denney participated in developing and presenting at a Continuing Legal Education panel before attorneys in the Oregon State Bar. The subject of the CLE was “Above the ADA: Disability and Employment Law through an Inclusive Lens.” Our portion of the presentation dealt with workplace universal design principles and how they can benefit both employees and employers. The presentation was created in collaboration with Oregon Women Lawyers and approximately 25-30 Oregon attorneys working in the fields of Employment Law and Human Resources attended, including many who advise employers. The CLE served to educate these attorneys on principles of inclusivity and universal design, which directly impact recipients of SSI/SSDI benefits who are returning to the workforce. CAP Attorney Matthew Denney participated in a presentation to Oregon Vocational Rehabilitation Services (OVRS) program staff, policy analysts, and branch managers regarding guardianship in Oregon and its impact on VR services. Participating in the presentation was an attorney and an advocate from DRO who each specialized in Oregon guardianship law. Guardianship has been an emerging issue for (OVRS) as it continues to serve a larger number of ID/D clients than in the past. As a CAP attorney, his portion of the presentation focused on relating the information about guardianship to OVRS services, and contained recommendations for how OVRS serves clients under guardianship. Approximately 40 people attended this training. CAP Attorney Matthew Denney presented information regarding client rights to employment when the client has a guardian to VR management staff. He presented on the CAP program role to OCB management staff. CAP Attorney Ted Wenk presented the CAP annual report regarding CAP activities and the CAP role to the State Rehabilitation Council and to the State Independent Living Council.

1. Number of training sessions presented to community groups and public agencies.6
2. Number of individuals who attended these training sessions.220
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.

CAP Staff Attorney Matthew Denney participated in an art exhibit project with the Portland Art Museum called “Object Stories: Igniting Voices.” The exhibit featured local activists from various minority communities in Portland, and focused on stories of political activism. In this context, I participated with a CAP client and my work as a CAP attorney in helping him to obtain transportation for employment from vocational rehabilitation was highlighted, as well as the work that he is now able to do as an employed individual who organizes other people with disabilities. The “story” will be accessible in an exhibit in the Portland Art Museum until February of 2018, as well as being featured on their YouTube channel.

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 Non-emergency Medical Transportation service shortfalls and pedestrian advocacy to appeal to the City for accessible right-of-ways, which assist community members getting to and from the workplace

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.

New media: New Media

—Ted Wenk, eblast: Don’t let Congress weaken the ADA, October 2, 2017 (eblast open rate: 25.9%) —Matthew Denney, eblast/blog post: Reimagining the workplace, August 7, 2017 (eblast open rate: 28%) —Ted Wenk, Facebook post: The Oregon Disabilities Commission recently approved the creation of a special committee to develop an Oregon Task Force on Employment for People with Disabilities, July 31, 2017 (3,739 people reached) —Gordon Magella, Blog post, Association of People Supporting Employment First 2017 National Conference, Lane v. Brown workshop, July 21, 2017 —Bob Joondeph, eblast: Opening a door to prosperity for more Oregonians, June 1, 2017 (eblast open rate 37.9%) —Client Joseph Lowe, blog post Q&A: Getting to work, March 14, 2017 (page views: 313)

1. Agency Staff Interviewed or Featured on Radio and TV1
2. Articles about CAP Featured in Newspaper/Magazine/Journals0
3. PSAs/Videos Aired about the CAP Agency0
4. Publications/Booklets/Brochures Disseminated by the Agency449
5. Number of Times CAP Exhibited at Conferences, Community Fairs, etc.1
6. Other (specify below)1

E. Information Disseminated About Your Agency By External Media Coverage

Describe the various sources and information disseminated about your agency by an external source.

Newspapers/Digital Outlets • The Oregonian, State's biggest youth prison gets $52 million upgrade, including new 'cottages', September 22, 2017 • Vox, My wife chose to end her life after battling cancer. Now I fight for others to have that choice., September 21, 2017 • The Oregonian, When the neediest students get the fewest school hours, September 17, 2017 • Street Roots, CAGED: Inmates raise red flags about Oregon’s solitary confinement, August 25, 2017 • The Oregonian, Community members blast Mayor’s idea for new community police engagement commission (August 4, 2017) • Portland Business Journal, Mental breakdown: Battle rages on over Wilsonville psychiatric hospital (July 20, 2017) • Portland Mercury, Oregon’s mental hospital is being flooded with criminal defendants (July 19, 2017) • The Oregonian, IQ costs Oregon parents their kids, but is it fair? (July 19, 2017) The Lund Report, Multnomah County Homeless Count Reveals Nearly 3 in 4 Unhoused Report Disabilities (June 21, 2017) • The Oregonian, Portland teen with autism will make trip to United Nations after all (June 18, 2017) • The Lund Report, Oregon disability groups warn senators ACA repeal bill will harm Oregonians with disabilities (June 14, 2017) • The Oregonian, Advocates urge county to take jail inmates in crisis to new psychiatric ER (June 6, 2017) • The Lund report, Republican senator wants more veteran psychiatric facilities, but health leaders balk (June 2, 2017) • Portland Tribune, Oregon Pay Equity Act becomes law (June 1, 2017) Portland Mercury, Advocates to Sheriff: Keep your guns out of the Unity Center, May 26, 2017 • AP, Lawmakers aim to shoot down pay discrimination (May 17, 2017), picked up by East Oregonian, U.S. News & World Report • The Oregonian, Oregon took months to fix lead problems at juvenile prisons (May 15, 2017) • Winston-Salem Journal, Winston-Salem-based Odd Fellows faces criticism after rejecting teen with autism (May 2, 2017) • McClatchy, He won an essay contest and a trip. But then he was disqualified — for being autistic, his family says (04/30/2017) • The Oregonian, Tom Hallman: A Portland boy who won a prestigious trip told he can't go (04/28/2017), picked up by Bend Bulletin • The Oregonian, Workers in Oregon prison unit say critical report is inaccurate, April 27, 2017 • The Skanner and the Lund Report published our press release, April 26, 2017 The Oregonian, Severely mentally ill inmates spend too much time in their cells, says new report , April 26, 2017 • Willamette Week, Report finds abuse of mentally ill prisoners, April 26, 2017 The Oregonian, Judge orders DHS to restore in-home care for disabled Oregonians, April 19, 2017 • AP, Judge halts DHS cuts to in-home care for disabled Oregonians, April 19, 2017, picked up by U.S. News & World Report, Register-Guard, KTVZ-News • East Oregonian, Under court order, DHS will restore in-home care services, April 19 2017, picked up by Blue Mountain Eagle • Portland Business Journal, State freezes cuts for disabled services to allow for long-term plan, April 19, 2017 • The Oregonian, People with disabilities sue DHS for cutting in-home care (April 11, 2017) • Bend Bulletin, Lawsuit: Oregon home care cuts violate disabilities act (April 11, 2017) Associated Press, Portland group files disability suit over home care cuts (April 11,2017), picked up by Register-Guard • Portland Business Journal, People with disabilities sue DHS over cuts to in-home care (April 11, 2017) • Willamette Week, New lawsuit says state improperly cut in-home services to disabled Oregonians (April 11, 2017) • The Source, Landmark Disability Rights Settlement, March 29, 2017 • AP story, picked up by Register-Guard, Statesman Journal, U.S. News & World Report, Roseburg News-Review, March 28, 2017 • The Oregonian, ODOT settlement that replaces thousands of curb ramps wins court approval, March 28, 2017 • Bend Bulletin, ODOT must fix thousands of curb ramps around state, March 27, 2017, picked up by MyCentralOregon.com • East Oregonian, ODOT must make all curbs and existing ramps wheelchair-accessible, March 27, 2017 • The Skanner, Report finds harrowing conditions for mentally ill in Multnomah County jail, March 23, 2017 • Wallowa County Chieftain, Local mental health services would decline if ACA repealed, March 22, 2017 • Portland Business Journal, A hidden Oregon casualty of Republican health plan: The disabled, March 16, 2017 • The Oregonian, Judge approves final settlement against Providence Health for denying autism coverage, March 15, 2017 • The Oregonian, Jails not equipped to handle the mentally ill, March 1, 2017

Editorials • Statesman Journal, editorial, Change at Oregon State Penitentiary behavioral unit long overdue , April 28, 2017 • Walla Walla Union-Bulletin, editorial, Lawsuit that forced fixing of faulty curb ramps welcome, March 31, 2017 • Oregonian editorial, Time to focus on mentally ill at Multnomah County Detention Center: editorial, March 5, 2017

Opinion

• The Washington Post, op-ed, My son has autism. Discrimination almost cost him his life., Sunshine Bodey, August 31, 2017 • The Oregonian, Letter to Editor, Don’t tear families apart, Bob Joondeph, July 23, 2017 The Oregonian, op-ed, The many parallels in our struggle for civil rights, Matthew Denney, June 18, 2017 • The Oregonian, Letter to Editor, Keeping those with mental illness out of jail, Sarah Radcliffe, June 15, 2017 • Eugene Register-Guard, op-ed, New pay equity law a big boost for people with disabilities, Bob Joondeph, June 3, 2017 • Bend Bulletin, op-ed, A victory for the disabled, Ted Wenk, May 23, 2017 Statesman Journal, op-ed, Democracy works best when everyone is involved, Esther Harlow & Gabrielle Guedon, May 3, 2017 • The Oregonian, Letter to Editor, People w/ disabilities also lose, Bob Joondeph, March 17, 2017 • Portland Tribune, op-ed, Jail is no place for the mentally ill, Sarah Radcliffe, March 17, 2018

Radio

• KBOO Community Radio, Disability Awareness, Medicaid cuts loom large over disabled Oregonians, July 24, 2017 • OPB News, What the Republican health bill means for Gresham family with disabled daughter June 15, 2017 • KBOO Community Radio, Behind the Eleventh Door, June 5, 2017 (Joel Greenberg, Bob Joondeph) • OPB News, Oregon Governor Kate Brown prepares to sign pay equity bill (June 1, 2017) OPB News, Portland police want to keep their guns - even at psychiatric hospitals (May 26, 2017) • KBOO Community Radio, Changes afoot for mental health treatment at OSP, May 11, 2017 • OPB News, Mentally ill prisoners still in their cells an average 23 hours a day, April 26, 2017, picked up by Jefferson Public Radio OPB News, DHS temporarily restores services for Oregonians with disabilities, April 20, 2017 • Jefferson Smith/XRAY-FM In the Morning, interview with Tom Stenson, min. 1:13, April 19, 2017 • OPB's Think Out Loud, Oregon DHS sued over reducing in-home care for people with disabilities (April 18, 2017) • KLCC-FM (Eugene), Court settlement will make Oregon road crossings safer, more accessible for people with disabilities (March 29, 2017) • OPB News, Judge approves ODOT disability rights settlement, March 28, 2017 (Laura Klinkner) • OPB News, audio only, March 27, 2017 (Amanda Peacher) • Prison Pipeline, KBOO, interview w/ Sarah Radcliffe, MCDC report, March 13, 2017 • Jo Ann Hardesty, KBOO, interview w/ Sarah Radcliffe, MCDC report, March 9, 2017 • Think Out Loud, OPB, interview w/ Sarah Radcliffe, MCDC report, March 8, 2017 • Jefferson Smith/XRAY In the Morning, interview w/ Sarah Radcliffe, MCDC report, March 7, 2017 • OPB News, aired story on MCDC report just audio, March 2, 2017

TV

• KATU News, Pedestrian advocates not surprised by deadly crash in crosswalk, September 25, 2017 • KPTV News, Portland teen with autism will make trip United Nations, June 19, 2017 • KOIN News, Teen with autism will go on UN trip after all, June 18, 2017 • KPTV News, Tigard police arrest school bus driver accused of sexually abusing special needs student, May 4, 2017 • KOIN News, Teen with autism denied trip he won to the U.N. May 1, 2017 • KATU News, Organization rescinds trip to NY for autistic boy who won essay contest April 30, 2017 • KGW News, Portland teen with autism disqualified from national contents April 28, 2017 KPTV News, Family: Portland teenager denied national trip because he has autism April 28, 2017 KOIN News, In-home care cuts tough choices for DHS, families April 21, 2017 • KPTV News, People with disabilities suing DHS after in-home care is cut, April 12, 2017 • KOIN News, DHS sued for cutting in-home care hours (web story, 04/11/2017, on-air 04/12/2017) • KATU News, ODOT required to replace most curb ramps to comply with ADA, March 28, 2017 • KDRV News (Medford), ODOT will reconstruct up to 90% of sidewalk ramps near highways, March 28, 2017 • KTVL News (Medford), ODOT will replace 90 percent of highway curb ramps in coming years, March 28, 2017 • KTVZ News (Central Oregon), Judge Oks settlement of ADA lawsuit, March 27, 2017 • KPTV News, Reports find mental health services lacking at Multnomah County detention facilities, March 27, 2017 • KOIN News, Tigard family fears for son’s future if ACA explodes, March 26, 2017

New Media • Facebook Live, Oregon Justice Resource Center, interview w/ Sarah Radcliffe, March 16, 2017

Stories we pitched with no DRO mention • The Oregonian, Stakes for Oregonians couldn't be higher as historic health care vote nears, Gloria and Les Rogers, June 26, 2017 • Eugene Register-Guard, Op-Ed: Playing catch-up on accessibility , Martha Mae Bryson, April 19/2017 • OPB’s Think Out Loud, What a SCOTUS Ruling Means for Students with Disabilities, March 27, 2017 • The Oregonian, CBO: Ranks of uninsured will jump by 24 million under Republican plan, March 13, 2017 • Portland Business Journal, Walden's district has U.S.'s highest Medicaid expansion enrollment, March 15, 2017

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 year28
3. Total individuals served (Lines A1+A2)52
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.)19

B. Problem areas

Multiple responses permitted.

1. Individual requests information2
2. Communication problems between individual and VR counselor15
3. Conflict about VR services to be provided19
4. Related to VR application/eligibility process2
5. Related to assignment to order of selection priority category1
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
10
7. Related to independent living services1
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 ADA2

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 Assistance1
2. Investigation/Monitoring7
3. Negotiation21
4. Mediation and other methods of Alternative Dispute Resolution0
5. Administrative / Informal Review1
6. Formal appeal / Fair Hearing3
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 favor18
2. Some issues resolved in individual's favor (when there are multiple issues)4
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 complaint2
7. Issue not resolved in clients favor1
8. CAP services not needed due to individual's death, relocation, etc.1
9. Individual not responsive/cooperative with CAP3
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) Reasonable accommodations negotiated and approved 2) Accommodation process failed; client unlikely to have remedy under ADA 3) Several outcomes: Individual assigned to new counselor/office, IPE Developed/Implemented, and Controlling Law/Policy explained to individual 4) Client stopped accessing VR services 5) Client obtained new counselor and a new IPE began to be developed, but was not completed as of case closure 6) Individual assigned to new job developer

1. Controlling law/policy explained to individual6
2. Application for services completed1
3. Eligibility determination expedited1
4. Individual participated in evaluation1
5. IPE developed/implemented/Services Provided9
6. Communication re-established between individual and other party2
7. Individual assigned to new counselor/office6
8. Alternative resources identified for individual1
9. ADA/504/EEO/OCR complaint made0
10. Other (Please explain below)6

Part III. Program Data

A. Age

Multiple responses not permitted.

1. Up to 180
2. 19 - 243
3. 25 - 4011
4. 41 - 6434
5. 65 and over4
6. Total (Sum of Lines A1 through A5. Total must equal Part II, Line A3.)52

B. Gender

Multiple responses not permitted.

1. Females30
2. Males22
3. Total (Lines B1+B2. Total must equal Part II, Line A3.)52

C. Race/ethnicity of Individuals Served

1. Hispanic/Latino of any race (for individuals who are non-Hispanic/Latino only)2
2. American Indian or Alaskan Native0
3. Asian1
4. Black or African American3
5. Native Hawaiian or Other Pacific Islander0
6. White22
7. Two or more races0
8. Race/ethnicity unknown24

D. Primary disabling condition of individuals served

Multiple responses not permitted.

1. Acquired Brain Injury4
2. ADD/ADHD1
3. AIDS/HIV0
4. Amputations or Absence of Extremities0
5. Arthritis or Rheumatism0
6. Anxiety Disorder0
7. Autism Spectrum Disorder3
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. Deafness2
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 Disability1
21. Mental Illness13
22. Multiple Sclerosis0
23. Muscular Dystrophy0
24. Muscular/Skeletal Impairment1
25. Neurological Disorders/Impairment2
26. Orthopedic Impairments10
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)1
34. Other Disability1
35. Total (Sum of Lines D1through D34. Total must equal Part II, Line A3.)52

E. Types of Individual Served

Multiple responses permitted.

1. Applicant of VR12
2. Individual eligible for VR services currently on a wait list0
3. Individual eligible for VR services not currently on a wait list38
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 Act2

Part IV. Systemic Activities and Litigation

A. Non-Litigation Systemic Activities

CAP discovered that the “student housing” provided by the Portland training center for the Oregon Commission for the Blind (“OCB”) was not accessible to program participants with physical disabilities. CAP informed the Oregon Commission for the Blind that this could potentially create a Title II program access violation. Because of CAP intervention, OCB agreed to work with the owners of the property to install a railing on a staircase leading to the basement laundry room. CAP also received assurances that students at the training center who were unable to leave in the existing housing would be accommodated with an alternative, accessible apartment nearby.

CAP noted that VR Pre ETS outreach did not include distribution of CAP information. CAP contacted the VR transition coordinating staff and this information was added as required under WIOA.

CAP reviewed and provided recommendations and input regarding the following VR policies which ensured and enhanced client rights: • Dispute Resolution Rights • Hearing & Mediation Request Forms • Notice of Decision and Action Template • Subminimum wage — final description of process for persons with disabilities who are current vocational rehabilitation clients • Supported Employment — new manual and instructions February 2017 • Self-Employment Toolbox • LEAN Academy Project on Policy Development Process • Review and comment on Oregon Administrative Rules (OAR) 582 Division 1 Definitions • Review requests for Action Requests • Vocational Goal and Credentials; Wage Verification to document data for performance measures in WIOA for Oregon VR. • ODDS Worker-Guide-Competitive Integrated Employment • ODDS Worker-Guide-Employment-Stabilization • Public hearings for rulemaking — discussion of how they work • Subminimum Wage enforcement • Verification of Wage at employment and at exit from program • Fiscal Policy for purchases requiring request to funding agency prior to purchase • Fiscal Policy draft. Purchases of $5,000 or greater require request to funding agency prior to purchase. Relates back to federal requirements. • APD-AR-17-020 Core Competency Training Requirements for Employment at Aging & People with Disabilities agency • Limitations on Post-Employment Services in Policy Manual, OAR and new CFR sections • OAR 582 Division 100 Order of Selection draft • Employment First Core Competencies Modules for Employment Specialists who need to demonstrate competencies to comply with VR Job Placement Services Contract requirements. • Amend Confidentiality and Inadmissibility of Mediation Communications and Workplace Interpersonal Dispute Mediation Communications • IPE Comprehensive Vocational Assessment • Discussion of new Employment First website resource • Documenting Educational Goals and Credential Attainment • Order of Selection brochure updated • Supported Microenterprise pilot & procedures • Fiscal Policy on Program Income • Update on the Comprehensive Statewide Needs Assessment • Transition Policy and Procedures • Reserve at Least 15 Percent of Program Allotments for the Provision of Pre-Employment Transition Services • Internal Controls Policy and Procedures for Tracking and Reporting Pre-Employment Transition Services • Definitions (OAR 582 Division 1 updated to include “Stabilization” as requested) • Temporary, Seasonal, On-call (Intermittent) Employment goals as identified in IPE • Education Goal policy and procedure • Using Secure Email for client services

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

N/A

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)

During FY 2017, seven (7) individuals - Intake advocates, Attorneys and our Communications Specialist - each spent part of their time on activities directly related to CAP eligible clients and objectives.

FTE for Professionals equaled 1.01

One (1) Administrative assistant provided support to these professionals for a total FTE of .08

Part VI. Case Examples

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

Case Example 1

The client initially contacted Disability Rights Oregon in July of 2016 because she had not heard from her assigned VR counselor in several months. The CAP attorney reviewed the client’s VR case file and determined that this was accurate. Additionally, VR had failed to provide disability-related supports while the client was taking an examination for employment with the postal service, and was therefore unable to complete the examination process.

The CAP attorney contacted VR management regarding the lack of contact from the client’s counselor and the lack of action being taken on the case. They agreed to set the client up with a new counselor and resume the job development listed in the IPE. In November of 2016, the client’s new counselor agreed to set her up with an “On the Job” training program with the Department of Motor Vehicles (DMV). There were some delays in setting up this program from the side of the DMV, but the CAP attorney continued to monitor the case. The CAP attorney explored alternative employment possibilities with the client and VR counselor in the event that the DMV program fell through. However, in March of 2017 this proved unnecessary because the client was accepted into the program. The CAP attorney then followed up with the counselor to ensure that the client would have access to ASL interpreters while training in the program. In May of 2017, the client began the training program with the DMV. With that successful outcome, the CAP attorney closed the case.

Case Example 2

The client contacted Disability Rights Oregon in January of 2017 due to concerns about being able to maintain reasonable accommodations for work previously arranged with the client’s employer. The client had worked with a VR counselor to set up accommodations in the workplace needed to maintain employment.

Specifically, the client needed to maintain a “work from home” arrangement that allowed her to work from home intermittently on days she was ill. The client’s manager had changed and was no longer authorizing her to do this. In February of 2017, the CAP attorney contacted the employer to discuss the situation. They agreed that work from home would be allowed, but that a clearer agreement was needed on what work could be performed remotely and how the client would communicate with the employer while performing that work. By early March, the CAP attorney set up a meeting between himself, the client, the vocational rehabilitation counselor, the manager, and the human resources director. Because of the meeting, a communications strategy for days on which the client needed to work from home was agreed upon, as well as onsite equipment that vocational rehabilitation could provide for the client to make working at the worksite easier.

Unfortunately, in mid-April the client became extremely ill due to her disability and was required by a doctor to take a leave of absence from work. This was extended through July 1, 2017. The The CAP attorney assisted the client with communicating with the employer and obtaining a reasonable accommodation for extended leave, after the client’s FMLA leave expired. There was still hope that the client would be able to return to work.

The client was ultimately not released to return to work by her doctor, and the CAP file was closed as a partial success, as the CAP attorney was able to assist client with resolving reasonable accommodation issues under Title I and maintaining employment in the period from January of 2017 until July of 2017.

Case Example 3

The client’s father contacted Disability Rights Oregon in mid-2016 because of concerns about the adequacy of job development services provided by vocational rehabilitation. The client, who has a developmental disability, had been terminated from a group employment program and was having difficulty finding new employment. In September of 2016, the CAP attorney reviewed the VR file and determined that there had been a lack of communication from vocational rehabilitation over the preceding months. The CAP attorney contacted VR regarding the lack of job development services being provided.

The client obtained a job in competitive employment on his own in October in 2016, but was extremely concerned about maintaining employment without supports on the job. The CAP attorney contacted vocational rehabilitation to inform them of the client’s employment and the need to modify the IPE. In December of 2016, the client, the client’s father, the client’s DD services caseworker, the client’s behavioral therapist, the VR counselor , and the vocational rehabilitation branch manager all met. The meeting served to get all involved parties up to date, and vocational rehabilitation agreed to provide a job coach to provide on-site assistance to the client and help with training and efficiency. The client’s DD services caseworker agreed that DD services would provide job coaching as needed after the client remained employed for more than 90 days. Shortly after the meeting, a job coach began to visit the client at work, with the support of the employer, to help improve the client’s performance on the job. The CAP attorney followed up on the case to ensure that job coaching would continue and that the client remained employed. As of May of 2017, the client was still successfully employed. With no further complaints, and the CAP attorney closed this file.

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 OfficialRobert C. Joondeph
Title of Designated Agency OfficialExecutive Director
Date Signed12/28/2017