RSA-227 for FY-2021: Submission #1213

State name Maine

Report through date 09/30/2021

General Information

Designated Agency Identification

Name Disability Rights Maine

Address 160 Capitol Street

Address Line 2 Suite 4

City Augusta

State ME

Zip Code 04330

E-mail Address jendicott@drme.org

Website Address https://drme.org/

Phone 1-800-452-1948

TTY 1-800-452-1948

Toll-free Phone 1-800-452-1948

Toll-free TTY 1-800-452-1948

Fax 1-207-621-1419

Operating Agency (if different from Designated Agency)

Name {Empty}

Address {Empty}

Address Line 2 {Empty}

City {Empty}

Zip Code {Empty}

State {Empty}

E-mail Address {Empty}

Website Address {Empty}

Phone {Empty}

TTY {Empty}

Toll-free Phone {Empty}

Toll-free TTY {Empty}

Fax {Empty}

Additional Information

Name of CAP Director/Coordinator Julia Endicott

Person to contact regarding report Kim Moody

Contact Person Phone 207-626-2774

Contact Person E-mail Address kim@drme.org

Part I. Non-case Services

A. Information and Referral Services (I&R)

1. Information regarding the vocational rehabilitation (VR) program 11

2. Information regarding independent living programs 7

3. Information regarding American Indian VR Service projects 0

4. Information regarding Title I of the ADA 4

5. Other information provided 0

6. Information regarding CAP 9

7. Total I&R services provided (Lines A1 through A6) 31

B. Training Activities

1. Number of training sessions presented to community groups and public agencies. 23

2. Number of individuals who attended these training sessions. 312

3. Describe training presented by the staff. Include the following information: Disability Rights Maine conducted a wide range of training and outreach events in FY21. This was the first full year of the CAP, after we received the grant in June 2020. The vast majority of our outreach events took place virtually because of the ongoing pandemic. However, despite that challenge, we were able to successfully engage with many stakeholders across the state. Our training targeted VR counselors, transition aged youth, advocates, self-advocates, and case managers for youth and adults with intellectual and development disabilities. We also conducted training and outreach with statewide stakeholder groups, including the Commission on Disability Employment, a branch of the State Workforce Board. Through the course of this outreach, we reached approximately 312 individuals.

10/20/2020: CAP presentation at SRC Annual Meeting. CAP staff attended the DVR-SRC annual meeting and provided information regarding CAP services to the council. 10 council members attended.

11/4/2020: CAP staff presented at the Commission on Disability & Employment regarding employment trends related to the ongoing COVID-19 pandemic. 9 stakeholders in attendance.

12/16/2020: CAP presentation to Division for the Blind and Visually Impaired (DBVI) State Rehabilitation Council. CAP staff presented on what services are available through the CAP. 16 people in attendance, most of whom were council members or members of the public with an interest in employment within the blind and low vision community.

1/12/2021: CAP outreach to SUFU. CAP staff presented by Zoom to members of Standing Up for Us, a self-advocacy group of individuals with developmental disabilities to share information about Vocational Rehabilitation and employment services more broadly, as well as the availability of CAP services. 33 individuals attended, most of whom were adults receiving developmental services.

2/10/2021: CAP virtual presentation to DBVI Independent Living Staff. CAP staff presented information about the CAP and services available. Approximately 15 people attended, all of whom were staff of DBVI.

2/18/2021: CAP staff met via Zoom with the Director of the Wabanaki VR program to discuss services available at DRM, including the CAP. 1 individual attended – Program Director.

3/4/2021: CAP outreach to Moving Maine Network Steering Committee. Provided overview of CAP services and VR services to network of transportation providers, social services providers, independent living advocates, health care advocates, and mobility managers. 20 individuals in attendance.

3/25/2021: The CAP Program Director collaborated with a DRM Education Attorney to provide training to educators regarding advocacy for transition-aged youth. IEP teams are required to address students’ movement from high school to post-school activities, including postsecondary education, vocational education, and integrated employment. This presentation provided information on implementing a results-oriented transition process that focuses on improving academic and functional achievement and facilitating students’ movement from high school to adult services. The presentation also covered the use of supported decision making (SDM) processes and explained how these concepts are aligned with transition planning requirements under the IDEA. Participants learned how SDM can be used to help preserve a person’s autonomy and independence, while still providing the person with support from family, friends, and community. 28 individuals attended, most of whom were educators and school staff serving transition-aged youth.

4/2/2021: CAP staff presented a virtual training for the Southern Maine Advisory Council on Transition. The presentation focused on advocacy for youth in transition. Subject areas covered included the extension of FAPE to 22, transition planning under the IDEA, accessing Vocational Rehabilitation Services, and accessing CAP services. 25 individuals attended, most of whom were educators for transition-aged youth, children’s case managers, and vocational services providers.

5/4/2021: CAP presentation for DVR Staff – Augusta Office. CAP staff conducted outreach to VR staff via Zoom. Information was provided regarding youth in transition, requests for reasonable accommodation, and CAP services. 19 VR staff attended.

5/5/2021: CAP outreach at Commission on Disability & Employment. CAP staff conducted outreach regarding Employment First and discussed trends identified through our case work. Approximately 9 stakeholders attended.

5/10/2021: CAP outreach to Maine Parent Federation. The CAP staff provided information about the CAP and opportunities for questions, as well as contact information for further follow-up and referral. 19 attendees, mostly parents of children with disabilities and staff.

5/12/2021: CAP presentation for DVR Staff – Lewiston Office. The CAP staff conducted outreach to VR staff via Zoom. Information was provided regarding the program and supporting transition-aged youth. 14 VR staff attended.

5/18/2021: CAP presentation to Alliance Case Management. The CAP staff provided information on the program and offered opportunity for questions regarding VR services to case managers serving individuals with I/DD. 24 attendees participated.

5/19/2021: CAP presentation to DVR Staff – Portland office. The CAP staff conducted outreach to VR staff via Zoom. Information was provided regarding the program and areas for collaboration with mutual clients. 17 DVR staff attended.

5/27/2021: CAP Presentation to Rehab Counselors for the Deaf. The CAP staff conducted outreach to VR staff via Zoom. Information was provided regarding the program and contact information was provided for referral. 8 DVR staff attended and there were 2 interpreters present.

6/9/2021: CAP presentation to UCP of Maine Case Managers. The CAP advocate conducted outreach regarding VR services, as well as the CAP, and answered questions. Staff also provided contact information for further questions and referrals. 6 case managers attended.

6/10/2021: CAP presentation to DVR Staff – Regions 4 & 5. The CAP staff conducted outreach to VR staff via Zoom. Information was provided regarding the program and areas for collaboration with mutual clients. Approximately 10 DVR staff attended.

6/30/2021: CAP presentation to new VR counselors. The CAP advocate presented to new VR counselors on the CAP, as well as other employment advocacy programs available at DRM. 8 new VR counselors attended.

7/12/2021: CAP presentation for AmeriCorps volunteers for the Epilepsy Foundation of New England. The CAP advocate presented information about VR services and the CAP to the Epilepsy Foundation of Northern New England staff and provided information about how DRM’s services could be accessed. 16 participants, all individuals working with people with epilepsy and their families.

8/20/2021: CAP outreach at the Dorothea Dix Psychiatric Center. CAP staff conducted outreach to three participants of patient groups at a state psychiatric facility. Outreach was focused on employment supports, VR, and the availability of the CAP. 3 people, in person in Bangor, ME.

8/25/2021: CAP presentation for Kids Legal paralegal at Pine Tree Legal Assistance. The CAP advocate provided information about the program, as well as VR services. 1 attendee – program paralegal.

9/3/2021: CAP outreach to Migrant farmworker community. The CAP advocate met with the former executive director of Mano en Mano, an advocacy organization for migrant farmworkers in Maine. The CAP staff provided information about the program and VR services, and answered questions. 1 attendee, recently departed Executive Director.

C. Agency Outreach

Describe the agency's outreach efforts to previously un-served or underserved individuals including minority communities. DRM has identified transition-aged youth, especially those youth with developmental disabilities, and adults with developmental disabilities in general, as target groups for outreach. DRM conducted several outreach events targeting these populations. Several outreach events ultimately led to individual cases. This population continues to be a focus in FY22. DRM is also continuing to expand an agency-wide plan to conduct outreach across Maine’s New Mainer population, as well as to Maine’s indigenous Wabanaki communities. DRM has a strong relationship with the Wabanaki VR program director and efforts to continue to grow that relationship are ongoing. DRM also conducted outreach with Maine’s migrant farmworker community, most of whom are located in rural northeastern Maine.

Additionally, DRM has targeted youth in corrections and conducted outreach with justice-involved youth at Maine’s juvenile prison. DRM visits the state's only secure juvenile detention facility monthly. The CAP advocate rotates in on these visits periodically to ensure that these youth have information about VR services to support effective community reintegration. Through this outreach, DRM was able to assist individuals access VR services and grow awareness about the availability of CAP services among staff at the prison.

D. Information Disseminated To The Public By Your Agency

1. Agency Staff Interviewed or Featured on Radio and TV 0

2. Articles about CAP Featured in Newspaper/Magazine/Journals 0

3. PSAs/Videos Aired about the CAP Agency 4

4. Publications/Booklets/Brochures Disseminated by the Agency 700

5. Number of Times CAP Exhibited at Conferences, Community Fairs, etc. 0

6. Other 111341

Please explain below Disability Rights Maine maintains a social media presence and electronic mailing list. This number reflects the number of times individuals accessed our social media and emails from our mailing list.

E. Information Disseminated About Your Agency By External Media Coverage

Describe the various sources and information disseminated about your agency by an external source. Although not specific to the CAP, Disability Rights Maine as an agency was featured in 91 newspaper articles and 36 other print or online mentions. DRM was also mentioned on 30 television stations/websites and featured in 11 radio programs.

Part II. Individual Case Services

A. Individuals served

1. Individuals who are still being served as of October 1 (carryover from prior year) 5

2. Additional individuals who were served during the year 33

3. Total individuals served (Lines A1+A2) 38

4. Individuals (from Line A3) who had multiple case files opened/closed this year. 3

5. Individual still being served as of September 30 (Carryover to next year. This total may not exceed Line A3.) 17

B. Problem areas

1. Individual requests information 0

2. Communication problems between individual and VR counselor 10

3. Conflict about VR services to be provided 25

4. Related to VR application/eligibility process 1

5. Related to assignment to order of selection priority category 0

6. Related to IPE development/implementation 5

7. Related to independent living services 0

8. Other Rehabilitation Act-related problems 0

C. Intervention Strategies for closed cases

1. Short Term Technical Assistance 9

2. Investigation/Monitoring 3

3. Negotiation 11

4. Mediation and other methods of Alternative Dispute Resolution 0

5. Administrative / Informal Review 0

6. Formal appeal / Fair Hearing 1

7. Legal remedy / Litigation 0

8. Total 24

D. Reasons for closing individuals' case files

1. All issues resolved in individual's favor 12

2. Some issues resolved in individual's favor 1

3. CAP determines VR agency position/decision was appropriate for the individual 0

4. Individual's case lacks legal merit 5

5. Individual chose alternative representation 0

6. Individual withdrew complaint 0

7. Issue not resolved in clients favor 1

8. CAP services not needed due to individual's death, relocation, etc. 1

9. Individual not responsive/cooperative with CAP 4

10. CAP unable to take case due to lack of resources 0

11. Conflict of interest 0

12. Other 0

(Please explain below) {Empty}

E. Results achieved for individuals

1. Controlling law/policy explained to individual 1

2. Application for services completed 0

3. Eligibility determination expedited 0

4. Individual participated in evaluation 0

5. IPE developed/implemented/Services Provided 7

6. Communication re-established between individual and other party 6

7. Individual assigned to new counselor/office 1

8. Alternative resources identified for individual 1

9. ADA/504/EEO/OCR complaint made 0

10. Other 8

(Please explain below) a. No Merit (2)
b. Individual Non-Responsive (3)
c. Individual Terminated VR Services (1)
d. Appeal Unsuccessful (1)
e. Services Not Needed Due to Relocation (1)

Part III. Program Data

A. Age

1. Up to 18 3

2. 19 - 24 3

3. 25 - 40 11

4. 41 - 64 20

5. 65 and over 1

6. Total (Sum of Lines A1 through A5. Total must equal Part II, Line A3.) 38

B. Gender

1. Females 15

2. Males 23

3. Total (Sum of Lines B1 and B2. Total must equal Part II Line A3.) 38

C. Race/ethnicity of Individuals Served

1. Hispanic/Latino of any race 1

2. American Indian or Alaskan Native 0

3. Asian 0

4. Black or African American 3

5. Native Hawaiian or Other Pacific Islander 0

6. White 28

7. Two or more races 0

8. Race/ethnicity unknown 6

D. Primary disabling condition of individuals served

1. Acquired Brain Injury 0

2. ADD/ADHD 0

3. AIDS/HIV 0

4. Amputations or Absence of Extremities 0

5. Arthritis or Rheumatism 0

6. Anxiety Disorder 0

7. Autism Spectrum Disorder 6

8. Autoimmune or Immune Deficiencies 0

10. Other visual impairments 0

11. Cancer 0

12. Cerebral Palsy 0

13. Deafness 0

14. Hard of Hearing/Hearing Impaired 1

16. Diabetes 0

17. Digestive disorders 0

18. Epilepsy 0

19. Heart and other circulatory conditions 0

20. Intellectual Disability 2

21. Mental illness 17

22. Multiple Sclerosis 1

23. Muscular Dystrophy 0

24. Muscular/Skeletal Impairment 1

25. Neurological Disorders/Impairment 1

26. Orthopedic impairments 3

27. Personality Disorders 0

28. Respiratory Disorders/Impairment 0

29. Skin Conditions 0

30. Specific learning disabilities (SLD) 1

31. Speech Impairments 0

32. Spina Bifida 0

33. Substance abuse 0

34. Other disability 4

35. Total (Sum of Lines D1through D34. Total must equal Part II, Line A3.) 38

E. Types of Individuals Served

1. Applicant of VR 5

2. Individual eligible for VR services currently on a wait list 1

3. Individual eligible for VR services not currently on a wait list 28

4. Applicant or individual eligible for Independent Living 1

5. Transition student/High school student 2

6. All other applicants or individuals eligible for other programs or projects funded unther Rehabilitation Act 1

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. 2

2. Describe the systemic activities conducted by CAP during the fiscal year and its impact on other agency's policies or practices. In its work this year, CAP staff learned that VR had only one hearing officer from which to choose in circumstances in which an individual requested an impartial hearing. CAP staff advocated for the addition of hearing officers to the roster and advocated for collaboration with the SRC in selecting hearing officers, as federal rule requires. VR consulted with the SRC and added additional hearing officers, as well as additional mediators, to its roster as a result of CAP staff’s intervention and advocacy.

Through the context of a due process hearing, the CAP Staff Attorney raised issues around record sharing. In requesting records for that case, the attorney learned that VR’s practice was to share only case notes when records were requested, but not relevant assessments or other relevant documents associated with the case file. After raising the issue, VR began to include the comprehensive case file upon request.

CAP staff also met quarterly with leadership from the Bureau of Rehabilitation Services, which includes Maine’s two VR agencies. In these meetings, CAP staff raised concerns regarding trends in case services. Issues raised included:

a. Caps on services for self-employment plans
b. Lags in eligibility determinations
c. Concerns over significant staffing shortages
d. Statewide job development services
e. Informed choice
f. Client transition to new counselors
g. Preauthorization and procurement procedures
h. The relationship between VR and the corrections system

While these topics did not result in changes of policy or procedure by the end of the fiscal year, they continue to be areas for ongoing collaboration with both VR agencies and continue to be areas of monitoring for the CAP.

CAP staff also participated on both SRCs in Maine. CAP staff applied for membership, but due to delays for appointments across the state, no staff were voting members in FY21. CAP staff regularly report on trends identified through casework to both SRCs.

B. Litigation

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. n/a

Part V. Agency Information

A. Designated Agency

1. Agency Type (select only one option): External-Protection and Advocacy agency

2. Name of designate agency: Disability Rights Maine

3. Is the designated agency contracting CAP services? No

4. If yes, name of contracting agency: {Empty}

B. Staff Employed

1. Provide a description of all CAP positions In FY21, the person-years staffing the CAP program were 1.31 total FTE, with 0.99 direct program staff, and 0.32 administrative personnel. There was a short-term vacancy, that was filled at the beginning of FY22. Going forward, staffing will increase to 1.68 FTE direct program staff and 0.42 FTE administrative personnel.

Part VI. Case Examples

Case Examples

Provide some examples of some interesting cases during the past fiscal year. An individual with an intellectual disability contacted DRM for assistance with receiving appropriate VR services to obtain a job she enjoyed. The advocate participated in team meetings and advocated for services that would support the individual to find a job she liked. When services continued to move slowly, the individual found a job on her own. DRM assisted the individual maintain her VR services after VR proposed to end services as a result of the individual’s own effort to obtain employment. DRM then assisted with a smooth transition to a new VR counselor and a new job coach. The individual was satisfied with her services and really loved her new job.

An individual contacted DRM for assistance receiving VR support for a new adaptive vehicle in order to maintain his employment. VR initially told the client they would not support purchasing the equipment needed to modify his vehicle. However, after the advocate intervened and the client engaged in strong self-advocacy, VR agreed to support the purchase of all necessary adaptive equipment for the individual's new van. The individual received their adapted van and is now able to continue working without fear for the loss of their transportation.

A client of DVR contacted DRM for assistance to reestablish communication with his VR counselor and to receive appropriate VR services following a prolonged lag in communication between the client and the counselor. The advocate arranged for a meeting with DVR staff and the client. During this meeting, VR agreed to an improved plan for communication and agreed to change counselors if the communication did not meet the client’s needs. The client reported that communication improved greatly and there was no need to switch counselors. The advocate monitored the situation for two months to ensure prolonged success in improved communication. The client reported high levels of satisfaction and no further need for advocacy support. This case raised systemic questions regarding communication between VR counselors and clients. This is a concern that the CAP has seen in many cases and has raised to VR leadership. The CAP plans to address this concern through ongoing collaboration with VR agency staff regarding methods to improve communication.

An individual with a mental health disability contacted DRM for assistance with communication issues with VR and concern over receiving services included on his IPE. DRM spoke with the VRC and was able to determine where miscommunication occurred between the individual and their counselor. DRM also assisted the client receive an appropriate level of funding for his small business. The individual received funding and VR to open his own fishing boat and was happy with the result. This case also raised a systemic issue regarding cap’s on services. DRM raised this issue with DVR leadership and counselors were reminded that there are not hard caps on any VR service.

Certification

Approved

Name of Designated Agency Official Kim Moody

Title of Designated Agency Official Executive Director

Date Signed 2021-12-22

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