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

Utah (DISABILITY LAW CENTER -- THE COMMUNITY LEGAL CENTER) - H161A180045 - FY2018

General Information

Designated Agency Identification

NameDisability Law Center
Address205 North 400 West
Address Line 2
CitySalt Lake City
StateUtah
Zip Code84103
E-mail Addressazahradnikova@disabilitylawcenter.org
Website Addresshttp://www.disabilitylawcenter.org
Phone801-363-1347
TTY
Toll-free Phone800-662-9080
Toll-free TTY
Fax801-363-1437

Operating Agency (if different from Designated Agency)

NameDisability Law Center
Address205 North 400 West
Address Line 2
CitySalt Lake City
Zip Code84103
E-mail Addressazahradnikova@disabilitylawcenter.org
Website Addresshttp://www.disabilitylawcenter.org
Phone801-363-1347
TTY
Toll-free Phone800-662-9080
Toll-free TTY
Fax801-363-1437

Additional Information

Name of CAP Director/CoordinatorKatie Carroll
Person to contact regarding reportAdina Zahradnikova
Contact Person Phone801 363 1347

Part I. Non-case Services

A. Information and Referral Services (I&R)

Multiple responses are not permitted.

1. Information regarding the vocational rehabilitation (VR) program29
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 CAP5
7. Total I&R services provided (Lines A1 through A6)35

B. Training Activities

Trainings As individual CAP case numbers continue to trend downward due to the implementation of an order of selection for Utah’s VR agency, we have greatly increased our training efforts to ensure that those who are working with VR are receiving high-quality services. During FY18 we also continued to provide Title I ADA trainings to community members to ensure people with disabilities understand their rights and have the tools necessary to be successful in employment. In FY18 we more than doubled the number of trainings provided from FY17 and reached several hundred more individuals. Granite School District Staff Training on VR Services Granite School District is the third largest school district in Utah and one of the largest in the nation. The Disability Law Center’s (DLC) CAP team trained ten Granite School District transition coordinators on the VR process and what kinds of issues and/or barriers students seeking VR services may face as they go through the VR process. The team had a productive conversation with transition staff regarding issues they have encountered with students attempting to work with VR. Plans were made to meet again and discuss issues and strategies for overcoming barriers. National Federation of the Blind (NFB) Conference CAP shared information about our services with 75 attendees at the NFB Annual Conference held in Salt Lake City, UT in April 2018. We presented during the general assembly and during a breakout session the following day. Since Utah’s VR has undergone a number of changes in the last three years, services for blind and visually impaired clients have changed as well. The CAP team presented information to attendees about how our services work, what they can expect from the VR process, what issues have been trending in recent months, and how to self-advocate to resolve issues as they navigate VR services. Utah Independent Living Center (UILC) Training on DLC and CAP Services The CAP team trained 15 UILC staff members on DLC and CAP services during their May 2018 staff meeting. A special emphasis was placed on educating staff on the availability of CAP services for both VR and ILC clients. We discussed the VR process, case trends and how the DLC can assist ILC clients with various employment and other disability-related issues they may face. Several of the UILC staff in attendance work with transition students through VR’s pre-employment transition services (Pre-ETS) and we were able to answer specific questions on helping students who plan to apply for individual VR services. Utah Parent Center (UPC) Staff Training on VR and CAP Services UPC is Utah’s information and training center for parents of children with disabilities. UPC works with parents to educate and connect them to services, as well as provides advocacy. In May 2018 the CAP team trained 30 UPC employees, including parent advocates and administrative staff, on CAP and VR services. We explained what the VR process should look like, including concepts such as informed choice, Pre-ETS and post-employment services, and discussed recent CAP case trends. We explained the availability and purpose of CAP services and were able to answer questions and clarify misunderstandings about the extent and availability of VR services. VR Office Trainings on CAP Services During FY18 the CAP team visited all ten VR districts and met with counselors and rehab techs during their team meeting to discuss the CAP program. We presented on CAP philosophy and approach to cases, discussed case trends over the last two fiscal years, and shared areas of concern based on recent casework, including issues with informed choice and delays in services. We trained 181 counselors and techs and hope that continued regular outreach and trainings will allow us to build relationships with VR and resolve more client concerns at the counselor level.

Audience Location of staff trained

Northern Utah VR Logan, UT 10 Ogden VR Ogden, UT 20 Davis VR Centerville, UT 13 Salt Lake Downtown VR Salt Lake City, UT 20 Valley West VR Taylorsville, UT 15 South Valley VR South Jordan, UT 25 Central Utah VR Payson, UT 17 Provo VR Provo, UT 24 Eastern Utah VR Price, UT 18 Southern Utah VR St. George, UT 19

Basic Counselor Orientation and Training (BCOT) Utah’s VR agency holds a two day long BCOT training for new rehabilitation counselors. During FY18 the CAP team trained nine new VR counselors on the DLC’s advocacy efforts to help clients and applicants of VR overcome barriers to employment and successfully engage in VR services. The team was able to explain our CAP advocacy philosophy, approach to cases, and case trends to the new counselors. We plan to continue providing training on CAP services during FY19 BCOT trainings. PARC ADA Training Pioneer Adult Rehabilitation Center (PARC) is a local employment network that provides a wide array of employment services to individuals with disabilities. PARC has a program called Pathway to Careers that is nationally recognized as a best practice in creating tailored/individualized employment for people with intellectual disabilities. Each year the CAP team provides training to staff of PARC on Title I of the ADA, with an emphasis on the reasonable accommodation process. We like to support PARC’s Pathway to Careers program by training their staff on the legalities of the ADA and how they can help advocate for their clients to obtain reasonable accommodations when needed. In FY18, we provided this training to eight job coaches and developers at PARC. Deseret Industries West Jordan ADA Training Deseret Industries (DI) is a non-profit organization and division of Welfare Services of The Church of Jesus Christ of Latter Day Saints. The DI has a similar model to well-known Goodwill Industries and includes a retail chain of thrift stores and work projects. DI provides job skill training for people with disabilities and places them into private sector employment. The DLC provided outreach and a presentation to the West Jordan DI location to describe how we can help DI associates needing reasonable accommodations as they seek out employment opportunities. We provided information on Title I of the ADA to 15 individuals — including DI managerial staff and DI associates working toward competitive, integrated employment. Utah Rehabilitation Association (URA) ADA Training URA is a chapter of the National Rehabilitation Association and provides licensed rehabilitation counselors with continuing education opportunities as part of its activities. During FY18 the CAP team presented to eight URA rehabilitation counselors on Title I of the ADA with an emphasis on reasonable accommodations. By training rehab counselors on the reasonable accommodation process under the ADA, we hope they will be able to help their clients with disabilities to understand their right to request accommodations to help them work. We discussed appropriate accommodations for people with ID, mental illness and for those with mobility and physical impairments who may require assistive technology (AT) as an accommodation. We also hope that job coaches will educate employers about their responsibilities to accommodate. University of Utah Career Center ADA Training The DLC presented information to staff of the University of Utah’s Career Center on Title I of the ADA, with an emphasis on employee/applicant rights in requesting accommodations, disability disclosure, and other employment concerns facing students with disabilities. DLC advocates answered questions from the 14 attendees about how students can request reasonable accommodations at work, when to disclose, direct threat, allowable interview questions, and Title I of the ADA. National Alliance on Mental Illness (NAMI) Conference ADA Training The DLC’s employment team, including members of CAP, presented information about our services at a breakout session at the NAMI Conference in November 2017 to educate 60 attendees about reasonable accommodations at work for people with mental illness. Information included an overview of the ADA, Title I, reasonable accommodations, disclosure, direct threat, and undue hardship. Additionally, we operated an information table to provide attendees with information about DLC services. Utah State Technical College Annual Conference ADA Training The DLC was invited to present at the Utah State Technical College Annual Conference in June 2018 in Vernal, Utah at the Uintah Basin Technology College. We presented information on Title I of the ADA - including information on employment rights, ADA coverage, and the accommodation request process. 70 technical college student services staff who work with students searching for employment attended our break out session of the conference. Alta High School Transition ADA Training The DLC presented information to transition age students at Alta High School on Title I of the ADA, with an emphasis on employee/applicant rights in requesting accommodations, disability disclosure, and other employment concerns students with disabilities may encounter. The CAP team attended a transition class and taught 14 students and teachers about Title I of the ADA and how to ask for reasonable accommodations in employment. Salt Lake Community College (SLCC) Disability Resource Center (DRC) Presentation SLCC is known to have an excellent DRC for students with disabilities. We met with 15 DRC staff for an in-depth discussion about DLC services and emerging trends facing students with disabilities seeking employment after college, including issues surrounding higher education and VR services. We discussed ways the DLC could advocate for students needing help in overcoming barriers in employment, education, housing, and transportation. Critical Issues Facing Youth and Adolescents Conference The Critical Issues Conference targets professionals who work with youth and families who are experiencing behavioral health and addiction issues. The DLC presented information to 27 attendees of the October 2017 conference on legal issues for youth with autism including education, employment, health insurance/Medicaid, housing, public safety, assistive technology, and voting. Our presentation was focused on promoting ability rather than disability.

1. Number of training sessions presented to community groups and public agencies.25
2. Number of individuals who attended these training sessions.585
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.

In addition to the CAP team’s regular outreach efforts at employment events and fairs targeted to people with disabilities, in FY18 we made an effort to: visit rural areas of the state that are traditionally underserved by disability services, reach out to the Spanish-speaking community which encompasses members of Utah’s largest minority community, and target veterans and people who are homeless. Work Ability Job Fair Members of the CAP team operated an information table at the Work Ability Job Fair held in April 2018. The job fair occurs semi-annually and hosts disability-friendly employers looking to hire individuals with disabilities. The fairs are held at the Sanderson Center for the Deaf and Hard of Hearing and attract attendees from the deaf community, as well as transition-aged students, and the blind and visually impaired community. The DLC provided information to approximately 90 attendees about how the DLC can advocate to remove employment barriers in regards to working with VR, requesting reasonable accommodations, and addressing disability-related discrimination at work. School District and Transition Fairs The CAP team understands the importance of quality transition services to youth moving from high school to higher education and/or employment opportunities. In an effort to provide information to this key group, we operated information tables at seven district and transition fairs during FY18 and spoke to 395 students, parents, and service providers. Several of these events are in school districts that are either rurally located or predominated by minority communities. Event individuals who received information Cache/Logan District Fair 55 Davis Transition Fair 66 Granite District Agency Fair 23 Granite District Fair 43 Alpine Transition Fair 100 Jordan District Family Resource Fair 40 Sevier District Transition Fair 68 Disability Resource Center (DRC) Outreach The CAP team visited college and university Disability Resource Centers (DRC) around Utah during FY18, including several rurally located campuses, and spoke to DRC staff about the CAP program and common problems we encounter with VR services in higher education, such as delays in receiving tuition and books, and disagreements about employment objectives. We dropped off brochures, had productive conversations with 15 DRC staff members, and made plans for future outreach opportunities— including participation in campus-sponsored Disability Awareness Week(s). Campuses visited include: University of Utah, Utah State University, Brigham Young University, Salt Lake Community College, Westminster, Weber State University, Snow College, LDS Business College, Southern Utah University, Dixie State College, Ogden-Weber ATC, Davis ATC, and USU extension campuses in Price and Blanding, UT. Independent Living Center (ILC) Outreach The CAP team visited all six of Utah’s independent living centers (ILC) during FY18 in an effort to develop working relationships with ILC staff who meet with clients in their communities who may need CAP and other DLC services. We met with staff, provided outreach materials, and placed an emphasis on explaining how the CAP program can assist clients of both VR and ILCs. ILCs are located in Salt Lake City, Logan, Ogden, Price, Provo, and St. George, UT. Pre-Employment Transition Services (Pre-ETS) Service Provider Outreach Utah’s VR program offers a large portion of its WIOA required Pre-Employment Transition Services (Pre-ETS) through contracted community providers. FY18 marked the second year of VR’s first contracts with these providers. In an effort to better understand these services and inform providers about the availability of CAP should their clients apply for individual VR services, we met with all six providers to discuss CAP, provided outreach material and discussed each Pre-ETS provider’s programs. We met with: Utah Independent Living Center (Salt Lake City), Columbus Connects (Salt Lake City), Ability First (Provo), LSI (Layton), Easter Seals (Sandy), RRCI (St. George). Salt Lake Community College (SLCC) AT Fair Members of the CAP team hosted an informational table on DLC and CAP services at SLCC’s September 2018 assistive technology fair. We provided information to 67 attendees, mostly SLCC students and transition students from surrounding high schools, about how the DLC and CAP could assist them in resolving AT-related barriers. We educated attendees on VR’s ability to provide AT related to someone’s employment objective, including AT required for those pursuing higher education as part of their employment plan. Utah Parent Center (UPC) Meet the Providers Event The Utah Parent Center hosted a “Meet the Service Providers” night for families and youth with disabilities to engage with the various community service providers and programs available to help people live integrated lives. The DLC operated an information table and spoke with 20 attendees. Additionally, we provided a presentation on DLC services with an emphasis on how to work with Vocational Rehabilitation to achieve an employment goal of their choice. The presentation had 30 attendees who were eager to learn how to overcome obstacles in working with VR. Utah State Office of Rehabilitation (USOR) Fairs/Events Throughout FY18 the CAP team attended several informational fairs and other public events held by Utah’s VR, USOR, to provide information about CAP services and continue to build a relationship with VR counselors for the benefit of resolving client concerns at a lower level. • VR Vendor Fairs- The VR Vendor Fair is held semiannually and is designed to give VR counselors an opportunity to network and learn about employment services available for their clients in the community. The CAP team operated informational tables two fairs in February and August 2018, and spoke to 32 VR counselors and employment service providers about the CAP program and DLC services. • UCAT Open House- Each year the Utah Center for Assistive Technology (UCAT), a division of USOR, hosts an open house where members of the community are invited to learn about the numerous services offered by USOR to assist people with disabilities. This year the CAP team hosted a table and provided information on CAP and DLC services to 20 attendees who were a mix of service providers and USOR clients. • VR outreach and networking- During FY18 the CAP team attended an open house and ribbon cutting ceremony at the Davis VR office, and visited the rurally located Ephraim VR office to drop off brochures and meet staff. The CAP team also attended USOR’s town hall meeting regarding updates to the WIOA state plan. We spoke to 35 VR counselors, staff, and attendees during these outreach efforts. Outreach to Spanish-speaking Community • EM Spanish videos- During FY18 the DLC began working to produce informational videos on various employment and disability related topics in Spanish for the Spanish-speaking community. The CAP team worked with our ethnic outreach advocate to write a script and film a short video in Spanish about CAP services and how to contact the DLC. We plan to utilize these videos in our outreach efforts and post them to our Spanish Facebook page when the project is completed. • Spanish Family Links- The Spanish Family Links conference was held by the Utah Parent Center to provide information to Spanish-speaking families about disability services available for their children. The DLC operated an information table at the fair and our Spanish-speaking advocates provided information and Spanish-language brochures to 59 parents of students with disabilities about CAP and other DLC services. • In addition to more CAP-specific projects, the Disability Law Center continued to make efforts to reach members of the Latino community, Utah’s largest minority group. In FY18 we scaled back some of our efforts after an aggressive outreach approach in FY17 resulted in strong partnerships and relationships with the Latino community and service providers.

Our FY18 ethnic outreach efforts reached 449 individuals who were informed of DLC services during 12 ethnic outreach events and 5 presentations. Ethnic outreach activities included:

Event County Number of events Hispanic Health Care Force Summit Salt Lake 1 Granite Agency Fair Salt Lake 1 Logan Hispanic Health Fair Cache 1 Family Resource Night Salt Lake 1 Spanish Presentation to Spanish Liaisons Salt Lake 3 Centro de la Salud Salt Lake 1 South Main Spanish Community Event Salt Lake 1 Mexican Consulate Salt Lake 1 Spanish Annual Cancer Conference Salt Lake 1 Partners in the park Salt Lake 1 Spanish Family Links Salt Lake 1 Education First / Presentation Salt Lake 2 Alliance Community Services Event Salt Lake 1 Back to School Event Salt Lake 1 Radio Tongan Show Salt Lake 1

The DLC distributed 1,184 Spanish-language brochures related to our targeted Latino community outreach efforts. Outreach to Veterans • DWS Job Fair for Veterans and People with Disabilities- The DLC’s CAP team operated an information table at the Department of Workforce Services (DWS) job fair targeted at veterans and people with disabilities. The job fair was held in the Logan employment center and CAP advocates met with 16 attendees to discuss how the DLC assists people with disabilities facing employment discrimination and issues with VR services. • Veteran Affairs (VA) Employment Fair-The VA hosted an employment fair in October 2017 in conjunction with National Disability Employment Awareness Month (NDEAM). The DLC shared information about our services with attendees and gave a speech on the year’s theme of “Disability Inclusion Drives Innovation.” The DLC’s employment team attorney Laura Boswell-Henrie spoke to the importance of inclusion and employment for people with disabilities. We also operated a table and shared information about DLC services with 80 attendees and VA staff, including information on the availability of the CAP program for people working with VR. Outreach to Homeless/Formerly Homeless • Project Homeless Connect- Project Homeless Connect is an outreach event open to the public, but specifically targeted to reach the homeless population and help them connect with community agencies, service providers, and other entities that offer help in a one-stop-shop setting. During this event the DLC provided information to 75 participants and community agencies about our services including information related to employment discrimination and VR services. • Palmer Court BBQ and Partner Fair- Palmer Court is The Road Home’s permanent supportive housing development for formerly, chronically homeless individuals and families. It is located in Downtown Salt Lake City where most homeless services are provided, and residents work closely with case managers as they transition back into housing, employment and the community. The CAP team attended a community-sponsored BBQ and partner fair at Palmer and spoke to 12 formerly homeless Palmer Court residents with disabilities about how the DLC can help people with disabilities overcome employment-related barriers, including working with VR. The team was also able to network with other service providers to provide additional joint outreach efforts in the future.

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 TV19
2. Articles about CAP Featured in Newspaper/Magazine/Journals0
3. PSAs/Videos Aired about the CAP Agency0
4. Publications/Booklets/Brochures Disseminated by the Agency8794
5. Number of Times CAP Exhibited at Conferences, Community Fairs, etc.18
6. Other (specify below)598

E. Information Disseminated About Your Agency By External Media Coverage

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

Radio/TV Appearances (19) The DLC sponsored Bottom Dollars film screening received most of our employment-directed press this year. DLC attorney, Amberly Datillo was interviewed on radio KRCL Radioactive where she discussed issues surrounding sub-minimum wage issues. https://soundcloud.com/user-45260846/radioactive-may-16-2018

PSA/Videos Aired about CAP (0)

Website Mentions The Disability Law Center’s (DLC) website was mentioned by a number of external web sources throughout the year, covering a variety of disability rights-related topics. Sources that mentioned the DLC include: Utah Independent Living Center, utahfairhousing.org, Utah State Office of Rehabilitation, 1800wheelchair.com, 211 Utah, Ability Indiana, KUTV.org, Utah Parent Center, Salt Lake Legal Defenders, utahautismregistry.org, and many others.

Website hits (47,236) Employment page views (739- 598 unique views)

Online Training Webinars and YouTube Videos The Disability Law Center produced three online tutorials and published five presentations from our Successful Strategies for Integration symposium: Home Cooking https://www.youtube.com/watch?v=w8UM8Nc9Q5Q Impact of Work on Social Security Benefits https://www.youtube.com/watch?v=h9f52HJiSeU&t=15s My Voice Counts https://www.youtube.com/watch?v=RCTnTJ6oxHs&t=248s Best Practices in Residential Settings: How to Avoid Barriers and Pitfalls to Inclusion https://www.youtube.com/watch?v=RmP-q1O9bvE&t=6s Closing Session: Coordination of Services to Support Competitive Integrated Employment https://www.youtube.com/watch?v=rRAvy39zisM&t=10s Keynote Address https://www.youtube.com/watch?v=I8pmDcSZJqA&t=3s Opening Session: Olmstead and the Promise of the Home and Community Based Settings Rule https://www.youtube.com/watch?v=b7knZFYz2oQ&t=4s Best Practices in Non-Residential Settings: How to Avoid Barriers and Pitfalls to Inclusion https://www.youtube.com/watch?v=SogvRbE41xI&t=2s

Facebook Throughout the year, the DLC posted 35 employment-related articles on Facebook. Through these posts, we reached 16,188 readers with information about DLC advocacy services, employment-related disability discrimination settlements from around the country, articles about subminimum wage and sheltered workshops, and more.

CAP Brochures Approximately 8,794 CAP brochures were distributed to the disability and service provider communities during presentations, trainings, and outreach efforts. 449 brochures were distributed to attendees during our training events. 1,345 brochures were shared during outreach events and efforts. 7,000 brochures were given to VR offices to include with their orientation packets, applications, and for counselors to utilize during any part of the VR process with clients.

Other External Media Coverage DLC Law Clerk, Katie Cox, wrote and published an article on the SJ Quinney School of Law website called “Working the Accommodation Puzzle: A Year in the Life of a Student Researcher” http://www.law.utah.edu/working-the-accommodation-puzzle-a-year-in-the-life-of-a-student-researcher/. The article discusses Katie’s involvement on the Social Security Administration’s Analyzing Relationships between Disability, Rehabilitation and Work (ARDRAW) Small Grant 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)15
2. Additional individuals who were served during the year51
3. Total individuals served (Lines A1+A2)66
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.)10

B. Problem areas

Multiple responses permitted.

1. Individual requests information13
2. Communication problems between individual and VR counselor7
3. Conflict about VR services to be provided41
4. Related to VR application/eligibility process0
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
1
7. Related to independent living services0
8. Other Rehabilitation Act-related problems4
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 Assistance17
2. Investigation/Monitoring0
3. Negotiation35
4. Mediation and other methods of Alternative Dispute Resolution0
5. Administrative / Informal Review2
6. Formal appeal / Fair Hearing0
7. Legal remedy / Litigation0
8. Total54

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.)

Withdrew because individual wouldn't cooperate.

1. All issues resolved in individual's favor28
2. Some issues resolved in individual's favor (when there are multiple issues)15
3. CAP determines VR agency position/decision was appropriate for the individual5
4. Individual's case lacks legal merit; (inappropriate for CAP intervention)1
5. Individual chose alternative representation0
6. Individual withdrew complaint5
7. Issue not resolved in clients favor2
8. CAP services not needed due to individual's death, relocation, etc.0
9. Individual not responsive/cooperative with CAP0
10. CAP unable to take case due to lack of resources0
11. Conflict of interest0
12. Other (Please explain below)2

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.)

-Requesting information -Assistive technology provided to client by independent living center -Individual seeking assistance did not return release (3) -Unable to contact individual seeking assistance (4)

1. Controlling law/policy explained to individual13
2. Application for services completed0
3. Eligibility determination expedited2
4. Individual participated in evaluation1
5. IPE developed/implemented/Services Provided10
6. Communication re-established between individual and other party12
7. Individual assigned to new counselor/office2
8. Alternative resources identified for individual6
9. ADA/504/EEO/OCR complaint made3
10. Other (Please explain below)9

Part III. Program Data

A. Age

Multiple responses not permitted.

1. Up to 183
2. 19 - 249
3. 25 - 4021
4. 41 - 6428
5. 65 and over5
6. Total (Sum of Lines A1 through A5. Total must equal Part II, Line A3.)66

B. Gender

Multiple responses not permitted.

1. Females26
2. Males40
3. Total (Lines B1+B2. Total must equal Part II, Line A3.)66

C. Race/ethnicity of Individuals Served

1. Hispanic/Latino of any race (for individuals who are non-Hispanic/Latino only)10
2. American Indian or Alaskan Native0
3. Asian0
4. Black or African American3
5. Native Hawaiian or Other Pacific Islander0
6. White47
7. Two or more races0
8. Race/ethnicity unknown6

D. Primary disabling condition of individuals served

Multiple responses not permitted.

1. Acquired Brain Injury1
2. ADD/ADHD1
3. AIDS/HIV0
4. Amputations or Absence of Extremities0
5. Arthritis or Rheumatism0
6. Anxiety Disorder0
7. Autism Spectrum Disorder6
8. Autoimmune or Immune Deficiencies (excluding AIDS/HIV)0
9. Blindness (Both Eyes)2
10. Other Visual Impairments (Not Blind)4
11. Cancer0
12. Cerebral Palsy0
13. Deafness5
14. Hard of Hearing/Hearing Impaired (Not Deaf)3
15. Deaf-Blind0
16. Diabetes0
17. Digestive Disorders0
18. Epilepsy0
19. Heart & Other Circulatory Conditions0
20. Intellectual Disability2
21. Mental Illness20
22. Multiple Sclerosis0
23. Muscular Dystrophy1
24. Muscular/Skeletal Impairment2
25. Neurological Disorders/Impairment3
26. Orthopedic Impairments11
27. Personality Disorders0
28. Respiratory Disorders/Impairment0
29. Skin Conditions0
30. Specific Learning Disabilities (SLD)5
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.)66

E. Types of Individual Served

Multiple responses permitted.

1. Applicant of VR9
2. Individual eligible for VR services currently on a wait list0
3. Individual eligible for VR services not currently on a wait list53
4. Applicant or individual eligible for Independent Living1
5. Transition student/High school student2
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

Association of People Supporting Employment-First (APSE) APSE is an organization of people who support Employment-First to facilitate the full inclusion of people with disabilities in the workplace and community. Nationally, APSE advocates for policies and practices promoting Employment-First. Utah’s chapter of APSE was recently revived after a several year lapse and meets monthly to share information and set goals for Employment-First in Utah. The CAP team became involved with the chapter during FY18, attending four scheduled meetings and a reverse career fair for people with disabilities sponsored by APSE. Many members of APSE are service providers who work with VR and we hope to increase our understanding of challenges they face in providing services to VR clients. State Rehab Council During this past year, the CAP team attended monthly SRC meetings to provide a voice of advocacy while Utah’s VR program adjusts and adapts to major changes in service delivery — including the current Order of Selection waitlist and recent department move from the State Office of Education to the Department of Workforce Services (DWS). We provided leadership and expertise on issues related to case service delivery of VR services to applicants and clients. Following a CAP case that revealed the need for VR policy to be changed, we advocated for VR to update their financial needs assessment and exclude ABLE account balances from being counted against clients and applicants when determining their financial contribution towards VR services. This effort was met with full agreement by the SRC council. We also advocated for the agency to hire more benefits planners to meet the needs of beneficiaries wanting to return to work. We also provided input on VR’s consumer needs survey and advocated for changes to be made for the survey to be more accessible and readable for clients and applicants with more significant disabilities. Department of Workforce Services (DWS) Advocates Meeting The DWS Advocates meetings were held on a quarterly basis throughout FY18. This meeting gathers partner agencies to meet with DWS staff and discuss common concerns, agency updates, and changes to services. Utah’s VR agency has recently moved under DWS. These meetings allow the DLC to get the latest information from DWS that may impact people with disabilities as they seek services to become employed or to obtain general assistance, food stamps, or other DWS programs and services. DLC staff on the CAP team attended three quarterly meetings during FY18. The DLC was provided with up-to-date information about the new Medicaid expansion program and difficulties DWS has faced in enrolling eligible individuals. We provided feedback on ideas to overcome those obstacles. Utah Parent Center (UPC) Board The DLC served on the Utah Parent Center (UPC) Board during FY18. We provided leadership and expertise on various UPC agenda items, including assisting the center with goal planning and the executive leadership transition as the center bid farewell to their long serving director. The UPC is an organization that serves families of people with disabilities who seek integration in their community. Because of our involvement on UPC’s board, we have been able to coordinate multiple training and outreach opportunities for CAP with UPC. USOR/CAP Quarterly Meetings The CAP team meets quarterly with Utah State Office of Rehabilitation’s (USOR) administration to review emerging trends in vocational rehabilitation client service issues, provide feedback on proposed rule changes, and discuss items of mutual interest to our programs. The meetings allow our agencies to foster a positive relationship while addressing systemic issues. These meetings provide a forum for both sides to talk openly about client needs and systemic barriers. Meetings were held three times throughout FY18. Employment Partnership Meetings A CAP advocate attended four Employment Partnership meetings during FY18 to network with other state and non-profit entities working in the disability employment field. The DLC was able to provide input and expertise on disability-related laws, feedback on community events requiring accessibility, and updates on our services to help people with disabilities remove employment barriers. We were able to provide updates on the CAP program and our outreach efforts to educate employers, job coaches, and people with disabilities on Title I of the ADA.

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.6
2. Describe the systemic activities conducted by CAP during the fiscal year and its impact on other agency's policies or practices.

B. Litigation

1. Total number of CAP cases requiring litigation involving individual representation resulting in, or with the potential for, systemic change.
a. Number of cases requiring litigation involving individual representation filed during fiscal year.0
b. Number of on-going cases pending at start of fiscal year (carryover from prior fiscal year).0
c. Number of cases resolved through litigation during fiscal year.0
2. Describe the agency's on-going and completed systemic litigation activities involving individual representation.

Part V. Agency Information

A. Designated Agency

1. Agency Type (select only one option) External-Protection and Advocacy agency
2. Name of designate agencyDisability Law Center
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)

Full-time professional: 1.53 Part-time professional: 0.09 Full-time clerical: 0.15 Part-time clerical: 0.09 Total: 1.86

The numbers above represent time spent on CAP by our supervising attorney, a full-time advocate, a part-time advocate, law clerks, support staff, three intake/information & referral advocates and various contributions from other staff throughout the year.

Part VI. Case Examples

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

Emerging Trend: Issues with informed choice in selecting an employment goal that will require higher education.

Client is 22 and has ADHD, autism, mental illness and a learning disability. Client came to CAP after VR had begun closing her case for successful employment. Client was working in concessions at a planetarium but is interested in becoming a paleontologist. In the past VR had supported her in pursuing a degree in geology but withdrew support after client’s GPA fell below a 3.0 one semester-although the school only requires a 2.5 GPA. Client continued to attend school on her own, however, and has since consistently performed well. Client obtained her job at the planetarium in hopes of gaining employment experience, but after she was hired VR changed her employment goal from geologist to retail floor associate. When client came to CAP she said she was not told what changing her employment goal and signing a new IPE meant, only that it would allow her to get a job coach to learn her job at the planetarium. Because client was still interested in pursuing geology and receiving VR support, CAP advocated for client’s employment goal to be changed back and support for a bachelor’s degree in geology reinstated. CAP expressed concern about the manner in which client’s IPE was changed and participated in developing a new IPE which will allow client to work towards her goal with reasonable expectations, including maintaining a GPA consistent with the requirements of her program.

Client is 60 and has mental illness. Client called CAP because she believed that VR had denied support for her desired employment goal of paralegal and the training that would be required. CAP learned that client’s VR counselor had not officially denied support for this goal, but was pressuring client to utilize the training she received ten years ago to be a pharmacy technician in order to prevent the need for retraining. Client no longer wanted to be a pharmacy technician and also felt it would aggravate her disability, as she was very worried about “messing up and killing someone.” CAP advocated that VR should continue exploring client’s desired objective of paralegal with her. After repeated delays from client’s counselor and difficulty establishing what evidence client would need to provide to have her request evaluated, CAP appealed to the district director level. Client was given a clear list of items she would need to complete with her counselor to have her desired employment goal evaluated. CAP shared concerns with the district director about the delays client had already experienced working with VR, as well as the hesitancy of client’s counselor to support a goal requiring further education and the district director agreed to remain involved in the case.

Client is 30 and is deaf. Client came to CAP after asking VR to support him in obtaining his master’s degree in ASL. Client was working as an adjunct ASL professor at a local university but was unable to teach more than one class per semester because he only had a bachelor’s degree. Client had submitted all requested documentation to VR to justify support for his chosen goal in November 2017, yet by April 2018 his VR counselor still had not made a decision as to whether, and to what degree, VR would support client in attending the competitive master’s program at Gallaudet that he had been accepted to and was set to begin in May 2018. Due to the time sensitivity of the issue, CAP chose to directly contact VR administration about the case and encourage them to make a decision on the issue within a week. CAP laid out a timeline of events that showed client had done his due diligence in providing VR with necessary information, and that a delay in making a decision had occurred due to inaction on the part of the counselor. CAP argued that client had a right to know whether or not he would receive VR support for attending his program so that he could make a decision about taking out loans or trying to defer his acceptance. CAP also argued that because of the competitive nature of the program, client’s chances of being accepted again might be damaged by a late withdrawal of acceptance. VR agreed within the week to support client in attending his chosen master’s program with full tuition assistance.

Client is 38 and has mental illness. Client worked with her VR counselor for several months to gather information needed by VR to determine if they could support client’s desired employment objective of licensed clinical social worker (LCSW). After gathering all requested documentation, client’s counselor presented a proposal to support client in her goal to his supervisor. The supervisor denied support to the required master’s level of education and instead offered support in obtaining an associate’s degree in the field. Since client wants to obtain her LCSW so she can practice in a clinical environment, anything lower than a master’s level of education will be insufficient to qualify her for these duties. CAP advocated to the counselor supervisor to approve client’s job goal using a milestone plan with built in benchmarks client would have to achieve before receiving further services. After VR rejected this compromise, CAP attempted the same advocacy to the district director. The district director shared VR’s concerns with supporting client in this employment objective, including: the possibility working as an LCSW could “trigger” client’s PTSD, limited professional experience in the field, and limited information about client’s academic success. CAP worked with client to obtain documentation to present to VR addressing these concerns- including letters from her mental health providers, academic transcript showing a 3.97 cumulative GPA over three semesters of college, and a letter of support from a volunteer supervisor. Client presented this evidence to the district director and was again denied her employment goal, with VR instead returning an offer to support client to a bachelor’s level of education. As VR’s offer still denied client her right to informed choice in selecting her employment objective, CAP filed a field service director review on client’s behalf, the last step before a fair hearing request, and argued for her right to informed choice and maximization of her employment. This review was successful, and VR agreed to allow client to list her employment objective as LCSW so she can receive all services necessary to achieve her goal.

Follow Up: As this is an issue that has continued to come up in Utah, we have begun discussing this trend with VR administration at our quarterly meeting and how to better assist clients in understanding what information VR needs to support clients who wish to pursue employment goals requiring higher education. VR is working on a tool kit for counselors to help them guide their clients through the process of requesting support for an employment goal, including a checklist of what information clients need to gather for VR to make an appropriate evaluation. CAP plans to continue these conversations and explore options for systemic advocacy during FY19.

Denial of medical device. Client is 26 and has a traumatic brain injury (TBI). He contacted CAP after his VR counselor denied support for a medical device that would assist him to walk. Client has neurological impairments related to his TBI that cause him to trip frequently. His insurance had denied support for the device, saying it was experimental, and VR used this reasoning to also deny support. CAP assisted client to work with his doctor to provide a letter strongly recommending the device and explaining why he felt it would be successful for client. Client also worked to gather studies to show VR the success of the device in people with his symptoms. CAP used this evidence to advocate for VR to support the device and the denial was overturned.

Eligibility denial for client who moved. Client is 49 and has orthopedic/physical impairments and mental illness. Client contacted CAP when he was found ineligible for services. Client is an architectural drafter and had recently moved from an urban area to a rural one after his divorce and was having trouble finding work. VR found client ineligible saying that he was having trouble finding employment because he moved to a rural area, not because of his disability. After working with client for a short time, it became clear to CAP that client was also having difficulty getting work due to a recent onset of depression. CAP worked with client to get a letter from his mental healthcare provider outlining the symptoms of depression he was experiencing, and how these were interfering with his ability to work. CAP contacted the VR counselor and asked if she would review this additional information. The counselor informed CAP she had no idea client was experiencing depression and agreed to review the additional documentation and client was quickly found eligible.

Trouble contacting counselor and getting hearing aids. Client is 38 and is hard of hearing. Client contacted CAP after having trouble getting ahold of his VR counselor and a long delay in authorization for hearing aids needed to pursue and maintain employment. After multiple attempts to reach client’s counselor by phone, CAP emailed the counselor and his supervisor to clarify the status on authorizing hearing aids for client. The counselor replied and explained that he had several bids for hearing aids and that VR could authorize an aid but it wasn’t the one client wanted, as that was more expensive. CAP encouraged client to work with the audiologist that recommended his preferred hearing aid to clarify what features were unique to that hearing aid model that were necessary for his chosen vocational goal. Client obtained this letter and CAP advocated for VR to approve the aid he preferred based on the audiologist’s recommendations. The aids were approved and ordered in a timely manner after CAP intervention. CAP then advised client on how to ask for a change in counselor if he felt like he could not successfully work with his current counselor based on the difficulties in communication he had experienced.

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 OfficialADINA ZAHRADNIKOVA
Title of Designated Agency OfficialExecutive Director
Date Signed12/10/2018