RSA-227 for FY-2016: Submission #906

South Dakota
9/30/2016
General Information
Designated Agency Identification
South Dakota Advocacy Services
221 S. Central Ave., Ste. 38
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Pierre
SD
57501
http://www.sdadvocacy.com
(800) 658-4782
(800) 658-4782
Operating Agency (if different from Designated Agency)
South Dakota Advocacy Services
221 S. Central Ave., Ste. 38
{Empty}
Pierre
57501
{Empty}
ueckerc@sdadvocacy.com
http://www.sdadvocacy.com
(800) 658-4782
(800) 658-4782
Additional Information
Cole Uecker
Cole Uecker
(605) 224-8294
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Part I. Non-case Services
A. Information and Referral Services (I&R)
7
9
0
2
12
2
32
B. Training Activities
16
486
<p>Trainings focused on several issues germane to the CAP Goals and Priorities. These issues included, but were not limited to: Transition for students on an IEP, regulations under WIOA (&sect;511), self advocacy, disability law, as well as VR and IL regulations.</p><p><p>The current trend for the provision of VR services is to focus those services on students and youth with disabilities. This paradigm is demonstrated by WIOAs mandate that 15% of all federal rehabilitation funds to the states must be spent on Pre-Employment Transition Services. CAP in South Dakota has focused its in reaching out to students ages 14 to graduation to make sure that they are aware of, have access to, and receive assistance in procuring services from Vocational Rehabilitation and Independent Living Services in developing and implementing their IEP. <br><p>WIOA was enacted in Fiscal Year 16. This created many questions and concerns about its effect on service providers, educators, VR, and the Department of Labor. CAP worked with these entities as well as consumers to explain the impact that the various provisions would have on them respectively. For example, &sect; 511 places restrictions on sub-minimum wage employment. These restrictions are dependent on the age or status of the individual client. The section also requires certain actions from various state agencies. Due to the multiple variables and agencies implicated, &sect;511 could be difficult for many people to fully understand. CAP provided assistance in demystifying WIOA and its effects.<br><p>SDAS provided training to professionals right at their professional headwaters. SDAS legal director, John Hamilton served as an adjunct professor at South Dakota School of Law. He taught Disability Law to burgeoning law students. An externship was offered to one of these students to work out of the agency on actual cases. This intern used, in part, CAP funds to assist people with issues relating to Vocational Rehabilitation and Independent Living. This was a valuable experience for the student. She can use what she learned to her career and to help people in the disability community. The impact that this class and its intern is potentially exponential as this group goes out to practice and effect law in the State of South Dakota. </p><p>
C. Agency Outreach
<p>Outreach activities are CAPs method of informing the public about the services that we provide. Many of these outreach efforts are executed by setting up booths at disability events, while others are direct efforts in the community to meet and talk with people.</p><p><p>CAP attended the annual National Disability Employment Awareness Month (NDEAM) walk and event in Eagle Butte SD. CAP attends this event every year. It is an opportunity to maintain connections with the people and the service providers at the Cheyenne River Sioux Tribe (CRST). The activities included an awareness walk through the heart of Eagle Butte, a traditional meal for those in attendance, an opportunity to meet potential CAP clients and to discuss our services, and time for CAP to address the group as an invited speaker. This event is organized by the CRST 121 program.</p><p><p>In FY 16, CAP conducted outreach activities to target individuals who live on tribal lands in South Dakota. People living in these areas are historically and chronically underserved. In Kyle South Dakota. CAP joined with other component programs of the South Dakota P&A to do a cookout which provided food and fellowship to the residents of that community. CAP took the opportunity to develop a relationship with the attendees and to discuss their concerns as individuals with disabilities. Contact information was provided to those who could utilize our services. In some instances, people in attendance had issues which were brought to CAPs attention and were addressed through subsequent Case Services. <br><p>CAP conducted outreach efforts to military veterans. Veterans have not been heavily targeted for CAP services in the past. CAP recognizes that 15 years of US led combat activities have resulted in a drastic increase in the number of persons who have disabilities relating to military service. These veterans could benefit from services provided by CAP, it was decided to reach out and discuss the ways that we might help this group. CAP attended a conference for state Veterans Services Officers where CAP Staff described the services of CAP and our efforts to help people with disabilities work effectively with VR, ILC, and other agencies to secure appropriate supports.</p><p>
D. Information Disseminated To The Public By Your Agency
2
1
1
502
0
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<p>CAP continues to regularly contribute to the SDAS agency newsletter, South Dakota Report. The newsletter is published three times a year, has an average circulation of approximately 884 for each edition. During this reporting period, 300 copies of the newsletter were printed and made available across the state. 2,353 copies of the newsletter were made available in several alternative formats including large print, cassette, CD, and email on an as requested basis. The newsletter is an effective means to share information about CAP to a broad readership throughout the state. The newsletter is well received by the disability community. Anecdotal information shows its content is discussed, used as a reference in other settings, and quoted as a authoritative source on various subjects. SDAS is occasionally asked for permission to republish articles. CAP (working with other SDAS programs) participated in articles relating to: ADA anniversary celebration; Governors Rehabilitation Services Awards recipients; special education/transition; resources to enhance employment opportunities; client focused planning in the IPE process; and WIOA implementation and effect. The newsletter provides CAP and other SDAS staff a regular and continuous opportunity to share an array of information and advocacy strategies with their constituencies.</p><p><p>SDAS and CAP have broadened its use of online digital media to reach out to more people this year. In addition to the existing agency website (which has seen greater use this year), SDAS has developed its own Facebook page - and with it, policies to manage its message, content, and use. Since its inception in May 10, 2016, the SDAS Facebook page has accrued 391 likes. While that number sounds relatively modest, it does not account for the exponential nature of social media. When the agency posts information relating to CAP or another program administered, it automatically shows up on the Timeline of those that have liked our page. If that person then likes that particular post, then it shows up on their page for all of their friends to see. This process provides the potential for SDAS and CAP to put our information in front of 1000s of people while minimizing the expenditure of fiscal assets. <br><p>
E. Information Disseminated About Your Agency By External Media Coverage
<p>South Dakota Advocacy Services and the CAP program were featured in a variety of media sources this year. Apart from our own media production, the CAP program here in South Dakota received coverage in television and print.</p><p><p>On January 13, 2016, Executive Director Tim Neyhart was interviewed by National Public Radio. The network was doing a story about the U.S. Justice Departments finding that South Dakota officials had been systematically and inappropriately favoring institutional settings over community-based settings. The DOJ found that South Dakota was allocating funds disproportionally toward nursing homes and residential facilities rather than to services which could keep people in their own communities and homes as required by the Olmstead decision of 1999. Mr. Neyhart explained that many people enter nursing homes while they recover from illness or injury but somehow never really make it back out again. This could be due to the individual not knowing about the Olmstead decision or the availability of supports that can help to keep them at home and in the community near family and friends. This radio interview, which was broadcast statewide and nationally, brought attention to these issues and emphasized the availability of community supports, disability rights, as well as informing the listeners about how our agency can help to connect them with these services. </p><p>
Part II. Individual Case Services
A. Individuals served
7
13
20
1
4
B. Problem areas
2
0
7
7
0
0
2
0
C. Intervention Strategies for closed cases
6
0
3
1
7
0
17
D. Reasons for closing individuals' case files
7
1
0
6
0
0
0
0
2
0
0
{Empty}
<p><p>
E. Results achieved for individuals
4
0
0
0
0
2
0
1
0
{Empty}
<p>Oftentimes, clients will contact CAP convinced that their rights are being violated or that they are being mistreated in some way by VR or ILC. Sometimes, their concerns are validated and we are able to open a Service Request for them to proceed with Case Services. Other times, however, the individual client just needs to hear an explanation of the rules and regulations of the state agency from someone that they know are representing their interests. This was the case with several of the cases evaluated by CAP this year. In these instances, CAP would request and review records, discuss the matter with VR and the client, and evaluate the services available and provided. If it was found that the state agency was not out of compliance, this would be explained to the client. In these events, CAP would provide information about other resources available from agencies appropriate to that particular situation.</p><p><p>In at least three cases, the VR clients had active IPEs approaching five years in duration, the clients and had never made any real progress on their goals. VR was had become a resource for auto repairs, support to attend medical appointments, and training that the client had not followed through on. VR reviewed these situations this year and determined that closure was appropriate for these cases. CAP received calls from these individuals who wished to appeal VRs decision to close. CAP investigated each case. CAP did not find that VR had acted inappropriately in any of these cases. CAP explained VRs decision to the clients and worked with each individual to identify and refer to supports appropriate to their needs. CAP encouraged the clients to re-apply for VR services if they so desired, and offered to help them in the application process. The program was explained to the client, appropriate service providers were identified, and it was made clear to the client that VR services would be available to them at the time that they wish to obtain or need assistance in gaining or maintaining competitive integrated employment.</p><p><p>A major focus of effort for CAP this year was to emphasize and assist in the expansion of services provided to Youth and Students with Disabilities per WIOA intent. The focus was on the provision of Pre-Employment Transition Services (PETS). CAP initiated Case Services where Transition aged students were not receiving appropriate supports either in the content of their IEP or in the execution thereof. One of the primary strategies employed was to elicit the assistance of VR in the IEP process to identify PETS appropriate to the student and to offer services in support of the IEP. When this strategy was applied, the resulting transition plan was stronger and provided the necessary supports. </p><p><p>In one case, an evaluation was requested by the school and provided by VR. This evaluation identified the need for some mental health supports. The school failed to follow the recommendations as part of the IEP. The g
Part III. Program Data
A. Age
8
2
1
8
1
20
B. Gender
9
11
20
C. Race/ethnicity of Individuals Served
1
6
1
1
0
11
0
0
D. Primary disabling condition of individuals served
0
0
0
0
0
0
3
0
0
2
0
0
0
0
0
0
0
0
1
1
1
0
0
0
2
5
0
0
0
5
0
0
0
0
20
E. Types of Individuals Served
8
0
1
2
7
3
Part IV. Systemic Activities and Litigation
A. Non-Litigation Systemic Activities
9
<p>A major focus of South Dakota Advocacy Services and CAP this fiscal year was to develop a monitoring process and protocol. Advocates and staff worked with experts from NDRN and service providers from around the state to develop, train in, and experience monitoring activities. All SDAS ASR and executive staff spent one week in Sioux Falls training with NDRN consultants. The training included several monitoring activities conducted at Volunteers of America residential and vocational sites. This training was useful because it provided all staff members who will be conducting monitoring activities in the future the opportunity to receive a uniform training at the same time. This activity was invaluable for Cap and SDAS staff as a whole.<br>It is true that CAP does not have access authority or a duty to monitor facilities which provide services funded under the Rehabilitation Act. However, CAP advocates in South Dakota have authority in a variety of programs under the P&amp;A system. The monitoring activities will be executed under PADD, PAIR, and PAIMI authority. CAP will benefit by being able to observe conditions at worksites, ensure that the individuals have had access to VR and ILC if desired (and as required by WIOA). </p><p><p>CAP served on several boards and committees for organizations in the state this year. </p><p><p>CAP served on the Board of Services to the Blind and Visually Impaired (SBVI) and the Board of Vocational Rehabilitation (BVR). CAP advised policy makers for the Division of Rehabilitation Services (DRS) and the Independent Living Council (ILC). CAP supported numerous changes within these groups. The following is a synopsis of the efforts and outcomes which fulfilled the mandates of CAP Priority II while directly impacting the lives of people served. </p><p><p>v <u>BVR</u></p><p><ul><p><li>CAP suggested to the Board that agencies associated with Vocational Rehabilitation collaborate in their public listening activities and data gathering activities. CAP noted that VR and the agencies that work closely with the State are required to have public meetings and gather data as part of their service and goal setting process. Having a collaborative effort in this process could produce a more comprehensive result, benefiting the consumer population as a whole. SDAS collects data to better facilitate <i>its</i> goal setting process. CAP offered to share this information with BVR and other service providers to contribute to this effort. It was suggested that BVR work with the Board of the Service to the Blind and Visually Impaired (SBVI) to identify a date to have a joint board meeting later in the year. The joint Board meeting occurred in September of this year. </li><p><li>CAP offered to continue to provide educators with information regarding the role of VR, what services are available, etc.</li><p></ul><p><p>&Oslash; </p><p><ul><p><li>During FY16, the American Association of People with Disabilities kicked off the election cycle with the &ldquo;RevU
B. Litigation
0
0
0
<p>CAP had no systemic litigation activities during FY 2016</p><p>
Part V. Agency Information
A. Designated Agency
External-Protection and Advocacy agency
South Dakota Advocacy Services
No
N/A
B. Staff Employed
<p><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br><br></p><p><table border=1" cellspacing="0" cellpadding="0"><thead><tr><th width="638" colspan="4" valign="top"><b>Pierre, SD - Home Office</b></th></tr></thead><tbody><tr><td width="73" valign="top"><b>Name</b></td><td width="240" valign="top"><b>Position</b></td><td width="126" valign="top"><b>Full Time Status</b></td><td width="199" valign="top"><b>FY 2016 Percent of Time</b></td></tr><p><tr><td width="73" valign="top">KLD</td><td width="240" valign="top">Intake Specialist/Network Admin</td><td width="126">Y</td><td width="199">5%</td></tr><p><tr><td width="73" valign="top">GCE</td><td width="240" valign="top">Staff Attorney</td><td width="126">Y</td><td width="199">5%</td></tr><p><tr><td width="73" valign="top">EBG</td><td width="240" valign="top">PADD Program Director/ASR/Intake</td><td width="126">Y</td><td width="199">5%</td></tr><p><tr><td width="73" valign="top">OA</td><td width="240" valign="top"></td><td width="126"></td><td width="199"></td></tr><p><tr><td width="73" valign="top">PKM</td><td width="240" valign="top">Administrative assistant</td><td width="126">Y</td><td width="199">5%</td></tr><p><tr><td width="73" valign="top">CJM</td><td width="240" valign="top">PAVA Program Director/ASR/Intake</td><td width="126">Y</td><td width="199">2%</td></tr><p><tr><td width="73" valign="top">TEN</td><td width="240" valign="top">Executive Director</td><td width="126">Y</td><td width="199">12%</td></tr><p><tr><td width="73" valign="top">SLS</td><td width="240" valign="top">Executive Assistant</td><td width="126"></td><td width="199">3%</td></tr><p><tr><td width="73" valign="top">PJS</td><td width="240" valign="top">Fiscal Assistant</td><td width="126">Y</td><td width="199">5%</td></tr><p><tr><td width="73" valign="top">CLU</td><td width="240" valign="top">CAP Program Director/ASR/Intake</td><td width="126">Y</td><td width="199">75%</td></tr><p><tr><td width="73" valign="top">MKV</td><td width="240" valign="top">Fiscal Manager</td><td width="126">Y</td><td width="199">5%</td></tr><p><tr><td width="73" valign="top"></td><td width="240" valign="top"></td><td width="126"></td><td width="199"></td></tr><p><tr><td width="638" colspan="4"><b>Rapid City, SD - Branch Office</b></td></tr><p><tr><td width="73" valign="top"><b>Name</b></td><td width="240" valign="top"><b>Position</b></td><td width="126" valign="top"><b>Full Time Status</b></td><td width="199" valign="top"><b>FY 2016 Percent of Time</b></td></tr><p><tr><td width="73" valign="top">Open</td><td width="240" valign="top">ASR</td><td width="126">Y</td><td width="199">0%</td></tr><p><tr><td width="73" valign="top">BGG</td><td width="240" valign="top">Staff Attourney/Program Director</td><td width="126">Y</td><td width="199">9%</td></tr><p><tr><td width="73" valign="top">Open</td><td width="240" valign="top"></td><td width="126">Y</td><td width="199">0%</td></tr><p><tr><td width="73" valign="top">DLM</t"
Part VI. Case Examples
Case Examples
<p>CAP received a call from a guardian of an individual who was moving from an assisted living setting into her own home. One of the necessary modifications that had to be made was to make the new home more accessible - especially the shower area. The guardian had been trying to obtain assistance from their local Independent Living Service but was experiencing difficulty in maintaining meaningful communication. When the guardian was able to contact Independent Living, the service provider seemed less than responsive. The guardian reported that Independent Living Service would not return her phone calls, and the delay in the renovation was preventing our client from living more independently. After CAP staff contacted Independent Living Service, the guardian started receiving more communication from the agency, and the client&rsquo;s bathroom was eventually renovated to their satisfaction. The newly accessible bathroom allowed our client to live more independently in a community setting and alleviated her stress.</p><p><p>CAP is not charged solely to assist clients with conflicts involving Vocational Rehabilitation, but also to educate about and refer to those services. In one instance this year, CAP coordinated services from VR, IL, and the client&rsquo;s school district to provide appropriate services for transition aged student. In this case, the client had exhibited troubling behaviors related to his mental illness which had resulted in legal consequences as well as a change of placement for his educational services. The client and his guardian felt that he was receiving inadequate Transition services in both the vocational and independent living contexts. CAP contacted VR and IL to collaborate with the client&rsquo;s IEP team to identify and allocate service responsibilities. VR offered and provided P.E.T.S. including, but not limited to, enrollment in South Dakota&rsquo;s Project Skills Program. IL set up a meeting with a mental health professional to conduct a psychosexual evaluation which was used to design subsequent therapies indentified and coordinated by IL. Once the client completed the initial round of mental health supports, IL said that they would be available to provide further assistance in providing services and training intended to strengthen the client&rsquo;s ability to live independently. All of these services were written into the client&rsquo;s IEP and ultimately managed by the district. </p><p><p>Another case involved an 18 year old client who had recently been asked to leave his grandparents&rsquo; home and was homeless. Client is a student who is his own legal guardian, has a cognitive disability, and a visual impairment. He contacted SDAS seeking our assistance with housing, acquiring and maintaining a job, transition planning, and transportation training. SDAS staff attended several IEP meetings with the client, and took notice that while VR had been invited to the meetings, had only attended the last meeting 2 mon
Certification
Approved
Cole Uecker
CAP Director
2016-12-20
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