RSA-227 for FY-2016: Submission #886

Idaho
9/30/2016
General Information
Designated Agency Identification
Disability Rights Idaho, Inc.
4477 Emerald Street
Suite B-100
Boise
ID
83706
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(866) 262-3462
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Operating Agency (if different from Designated Agency)
Disability Rights Idaho, Inc.
4477 Emerald Street
Suite B-100
Boise
83706
Idaho
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(866) 262-3462
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Additional Information
Dina Flores-Brewer
Dina Flores-Brewer
(208) 336-5353
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Part I. Non-case Services
A. Information and Referral Services (I&R)
6
0
0
0
0
1
7
B. Training Activities
12
394
Training Activities: 1.Northern Rockies AER Annual Conference - Transition Workshop, October 16, 2015. CAP Director provided training for approximately 35 parents, teachers, and individuals who are blind at the Regional Northern Rockies AER Annual Conference (Association for Education and Rehabilitation of Blind and Visually Impaired Individuals). Transition: Its a Team Sport, a 2-hour workshop, focused on steps for transition planning, including student input; former Community Work Incentives Coordinator also provided information on basic work incentives and benefits planning resources. Attendees were from Idaho, Wyoming, Colorado, & Utah. 2.Partners in Policy Making Transition Planning Workshop, November 13, 2015. CAP Director provided a 60-minute overview training of transition planning to approximately 15 members of the Partners in Policymaking group, sponsored by the Idaho Council on Developmental Disabilities. The Partners group consists of parents of children with developmental disabilities, and 4-5 young adults with developmental disabilities learning about the different services and agencies that serve people with developmental disabilities, with the goal of being trained to provide input and guidance to public policymakers. Workshop provided information on transition services, different service providers, and services available by the Client Assistance Program. Translation in Spanish was provided to non-English speakers. 3.East Junior High School Presentation on services available from DisAbility Rights Idaho, January 12, 2016. Senior advocate gave a one-hour presentation to approximately 26 students, parents, and educators on DRI services available to transition age youth, including through the PABSS program and the CAP, as part of the high schools disability awareness week. Additional information was provided on employment services and benefits, including work incentives and accommodations. 4.CAP Presentation to LINC Staff, January 14, 2016. CAP Director provided a 60-minute presentation to approximately 15 independent living center staff from Boise, Caldwell and Twin Falls (via teleconference) on the Client Assistance Program, what we do, service limitations, regulations, and what we look for, as well as what types of remedies we seek. Additional information was provided on what changes were coming through WIOA, and how the general P&A system worked. LINC staff then provided a 60-minute overview of the independent living center, its program and client services. 5.Transition Fair Rocky Mountain High School in Meridian, Idaho, February 18, 2016. Senior Advocate gave a 30-minute brief overview/presentation to approximately 16 students, parents and educators as part of a day-long seminar on preparing for transition from high school. Information on the assistance available from the P&A, CAP and PABSS programs was also provided. 6.Tools for Life Annual Transition Conference, March 2, 2016. P&A/CAP staff
C. Agency Outreach
1.Outreach to people with DD in general and people with DD receiving services in sheltered workshops: Outreach to individuals with developmental disabilities in 4 sheltered workshops. Included tours of the facilities, work areas, break areas, and general grounds. Advocates were able to speak with employees about P&A and CAP services. Additionally, voter training was provided to the participants. Outreach to 88 individuals in four different facilities. a.TESH, Inc., August 17, 2016 b.7 Oaks Community Homes, August 18, 2016 c.Opportunities Unlimited, Inc., August 18, 2016 d.Tri-Co., August 19, 2016 <p><p>Additional outreach was conducted at Disability Action Day at the Capitol, in Boise on February 23, 2016. Approximately 150 people with disabilities (mostly with developmental disabilities), families, and service providers were in attendance. CAP staff talked to approximately 75 people including PWDs, providers, agency personnel, and legislators. Disseminated blog on DRI position on the Optum Idaho/Medicaid evaluation from the Office of Performance Evaluations, as well as the Executive Directors testimony regarding Idaho Health Plans HB1204 & HB1205. Also provided training on BMD-Automark. Local media (KTVB-Channel 7) filmed a blind individual practicing his vote, and interviewed the Executive Director. Outreach to approximately 150 children with developmental disabilities and their families was provided at the Annual Run for Autism in Veterans Memorial Park in Boise on May 23, 2016. Information regarding the P&A, CAP and other programs were provided, including information about transition services and the new focus at Idaho Division of Vocational Rehabilitation on providing transition services to youth. <p><p>2.Outreach to Hispanic/Latino Community: CAP Director met with about 12 people at the Amigas! Canyon County monthly meeting. It is a group of individuals who share information and resources to help Spanish speaking families in the Treasure Valley. The topic in September was disability services. Invited speakers were from Idaho Department of Health and Welfare; former P&A Board Member and consultant with the Idaho Council on Developmental Disabilities, Griselda Comacho; DD Council staff Toni Brineger; DisAbility Rights Idaho; and Manuel Guerra, Vocational Rehabilitation Counselor from Idaho Division of Vocational Rehabilitation. Information on CAP and P&A services, information on voting rights and the voters hotline were provided, along with about 30 registration forms. <p><p>3.Outreach to Transition Age Youth: CAP provided outreach at the annual Tools for Life Transition Conference on March 2, 2016 in Boise to approximately 350 transition age youth, parents, care providers and school staff. Information on CAP and P&A services was provided in conjunction with a scavenger hunt where attendees had to visit each booth to earn a prize. Advocates also conducted trainings. <p><p>4.Outreach to Native American/S
D. Information Disseminated To The Public By Your Agency
1
0
0
7200
9
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Workgroup/Task Forces 1.CAP Director is a member of the Idaho State Rehabilitation Council. The SRC meets quarterly to provide input on the Idaho Division of Vocational Rehabilitations state plan, and services. The focus this year was providing input to ensure the agencys compliance with the new WIOA (Workforce Innovation and Opportunity Act) regulations, especially with regard to transition programs, summer work experiences, and proposed rule changes regarding financial participation and order of selection. 2.CAP is a member of the Idaho Employment First Consortium, sponsored by the Idaho Council on Developmental Disabilities, which meet monthly to collaborate with staff from the Division of Vocational Rehabilitation, the Idaho Department of Labor, DD Council, State Independent Living Council, DisAbility Rights Idaho, and the Idaho Department of Health and Welfare to develop a strategic plan to make the recommendation that funds be allotted in the annual budget for development of an employment plan for individuals with disabilities who access state Medicaid funds for other services. Plan was developed and presented to IDHW in 2016 and then will be introduced as potential legislation for changes to the Idaho Medicaid rules to support funding employment education and access in FY2017. 3.CAP Director participated on the Idaho Interagency Council on Secondary Transition. The IICST meets quarterly in Boise. The Council is made up of agencies with an interest in transition age students-the Department of Education, Idaho Assistive Technology Project, Idaho Division of Vocational Rehabilitation, Idaho Commission for the Blind and Visually Impaired, Department of Labor, Juvenile Corrections, Idaho Council on Developmental Disabilities, schools/districts, Idaho Parents Unlimited, DisAbility Rights Idaho, and others. Discussions involved pre-employment transition services for transition age youth, changes required by the Workforce Innovation and Opportunity Act (WIOA), transition technical assistance reports, legislative updates, and planning for the Tools for Life transition conference sponsored by the Idaho AT Project. Additional topics during the year included providing input for the IDOLs Disability Employment Initiative grant/application, improving transition outcomes for youth, and different programs offered by Idaho colleges and universities to prepare students with disabilities for life after high school. 4.Medicaid for Workers with Disabilities. CAP Director participated on an informal workgroup started by Boise Representatives Melissa Wintrow and Matt Erpelding, to address systemic problems with the Idaho Medicaid for Workers with Disabilities Program, Idahos Medicaid Buy-In program, and a source for comparable benefits for IDVR clients. The workgroup met with Medicaid staff to identify and address participant barriers to MWD. Issues identified include difficulty navigating the website, the application, self-reliance workers
E. Information Disseminated About Your Agency By External Media Coverage
Information about the CAP program has been disseminated by the Idaho Division of Vocational Rehabilitation, the Tribal Vocational Rehabilitation Programs and Independent Living Centers. Additionally, a webpage about the CAP program is in development for inclusion on the website for the Idaho State Independent Living Council. <p><p>
Part II. Individual Case Services
A. Individuals served
4
29
33
4
4
B. Problem areas
2
9
13
5
0
6
0
1
C. Intervention Strategies for closed cases
26
0
1
4
1
0
32
D. Reasons for closing individuals' case files
23
3
1
1
0
2
2
0
0
0
0
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<P><p>
E. Results achieved for individuals
5
0
2
0
0
6
5
7
4
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3 - individuals withdrew complaint. <p><p>
Part III. Program Data
A. Age
1
2
3
26
1
33
B. Gender
12
21
33
C. Race/ethnicity of Individuals Served
3
2
0
3
0
23
2
0
D. Primary disabling condition of individuals served
2
0
0
0
0
0
0
0
2
2
0
0
0
2
0
0
0
0
0
2
9
0
0
0
3
7
0
0
0
1
0
0
0
3
33
E. Types of Individuals Served
18
0
5
9
1
2
Part IV. Systemic Activities and Litigation
A. Non-Litigation Systemic Activities
3
1.CAP Director became aware of a systemic issue following an individual case regarding the new summer work experience program offered by Idaho Division of Vocational Rehabilitation as part of its WIOA required focus on providing services to transition age youth. After the individual case was resolved (see case summary for more detail), the CAP Director met with VR administration to discuss the issue that students with severe disabilities were being excluded from participating in the summer work program. Included in the eligibility criteria for the program, as stated in its brochure, was that eligible students had to meet behavioral criteria, and had to independently take care of their own hygiene needs, i.e. independently go to the bathroom. This categorically excluded students with severe cognitive and/or severe physical disabilities from participating in the program on the basis of their disability. Following the meeting, IDVR agreed to immediately withdraw the brochure statewide, eliminate the exclusionary criteria in all regions, and provide individual summer work experiences for any youth who wanted to participate in the program, but were excluded by the previous criteria. Furthermore, IDVR agreed to make available future brochures on the program to CAP for review prior to dissemination, and made assurances that students with significant disabilities would not be excluded from any current/future transition programs based on impermissible criteria. CAP and IDVR will meet on a quarterly basis to discuss systemic issues, and keep communication open. <p><p>2.CAP Senior Advocate is a member of the Brain Injury Alliance of Idaho Board of Directors. The Board meets quarterly to address issues regarding people with traumatic brain injuries. One of the issues addressed this year was the difficulty people with TBI have accessing post-secondary education and training with regard to accommodations and accessibility, creating a barrier to employment. CAP took on the task of developing a brochure providing information on how to request information and accommodations, and other rights information for people with TBI, for review and adoption by the Board. Following negotiations and conversations between CAP and Vocational Rehabilitation, a final draft was presented and adopted by the BIA-ID, to be provided to students with disabilities at Idaho colleges and universities. <p><p>3.CAP met with IDVR and other stakeholders in June to discuss IDVRs obligations under Section 511 (regarding outreach to sheltered workshops) in the newly reauthorized Workforce Innovation and Opportunity Act (WIOA). In attendance was a representative from the former TACE to provide technical assistance on IDVRs obligations. The group began drafting a plan on how to address all of the new requirements, including how to ensure outreach is done, who employment networks should contact to ensure appropriate training is provided, etc. Work will continue as more clarific
B. Litigation
0
0
0
Cases were resolved without litigation. <p><p>
Part V. Agency Information
A. Designated Agency
External-Protection and Advocacy agency
Disability Rights Idaho, Inc.
No
N/A
B. Staff Employed
CAP Director/Attorney, Legal Director, Advocacy Supervisor, Senior Advocates (2), Staff Attorney (2) Advocate (3) <p><p>Type of Position FTE % Year Filled Person Years Professional 1.20 79.49% 1.17 Full-Time NA NA NA Part-Time 1.20 79.49% 1.17 Vacant 1.25 10.42% 0.13 <p><p>Clerical 0.46 80.00% 1.86 Full-Time NA NA NA Part-Time 0.46 80.00% 1.86 Vacant 1.00 8.33% 0.08 <p><p><p><p>
Part VI. Case Examples
Case Examples
1.CAP was contacted by the mother of a 16-year-old African-American male diagnosed with cerebral palsy, neurological disorders, pervasive developmental disorder, physical impairments, speech impairments and TBI. She was appealing Idaho Division of Vocational Rehabilitations denial of eligibility for the summer work experience program. The client was denied eligibility because he was unable to independently take care of his own hygiene, a requirement for the summer work program. Parent had spoken with VR counselor, who told her they (VR) did not want to overwhelm employers with extra staff to take care of participants toileting needs, even though mother informed VR that participants personal care staff would be on call to provide personal care, so job coach would not be required to do so. CAP requested informal review with Regional Manager and mother. Following discussion about how this exclusion based on disability violated participants rights, and violated Title II of the ADA as well as Section 504 of the Rehabilitation Act, RM agreed to develop summer work experience for participant. Systemic issue of categorical denial of eligibility for this and other programs was addressed by the CAP Director with IDVR administration (more in systemic section off this report). The participant was able to work during the summer, and the impermissible eligibility criteria was rescinded for all current and future transition programs. <p><p>2.CAP was contacted by a 60-year-old Caucasian male diagnosed with diabetes and mental illness requesting assistance with appeal a Notice of Denial of Services and Case Closure by IDVR. Services denied included eyeglass, bus passes, and reimbursement for work related items purchased by the client. Basis for denial was that the client was not seeking full time work, but rather was employed as a part time bell ringer for the Salvation Army, and seasonally worked during the spring and summer for a lawn maintenance company. CAP appealed the denial and represented the client in a meeting, informing the Regional Manager that the client was working, and would be returning to his lawn care job in the spring. The VR case was reopened, however, the client did not have completed plan with IDVR yet, so CAP assisted with plan development, with the goal of increasing hours of employment and receiving new glasses and a bus pass. CAP was unable to secure reimbursement from IDVR for the items purchased by the client, as they were not part of an individual plan for employment; however, the client was able to get reimbursement from his employer with CAPs assistance. Client was able to get the necessary services from IDVR to work more hours. <p><p>3.CAP was contacted by a 42-year-old white male with physical and orthopedic limitations to appeal IDVRs denial of an electric wheelchair so he could complete his program at a local university, and go to work. IDVR was requiring client to exhaust his comparable benefits, howev
Certification
Approved
James R. Baugh
Executive Director
2016-12-20
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