RSA-227 for FY-2017: Submission #959

Oregon
9/30/2017
General Information
Designated Agency Identification
Disability Rights Oregon formerly OAC
610 SW Broadway, Suite 200
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Portland
OR
97205
http://droregon.org/
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(800) 452-1695
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Operating Agency (if different from Designated Agency)
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Additional Information
Ted Wenk
Jamie Jones
(503) 243-2081
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Part I. Non-case Services
A. Information and Referral Services (I&R)
14
3
0
1
0
41
59
B. Training Activities
6
220
CAP Attorney Matthew Denney participated in developing and presenting at a Continuing Legal Education panel before attorneys in the Oregon State Bar. The subject of the CLE was &ldquo;Above the ADA: Disability and Employment Law through an Inclusive Lens.&rdquo; Our portion of the presentation dealt with workplace universal design principles and how they can benefit both employees and employers. The presentation was created in collaboration with Oregon Women Lawyers and approximately 25-30 Oregon attorneys working in the fields of Employment Law and Human Resources attended, including many who advise employers. The CLE served to educate these attorneys on principles of inclusivity and universal design, which directly impact recipients of SSI/SSDI benefits who are returning to the workforce. CAP Attorney Matthew Denney participated in a presentation to Oregon Vocational Rehabilitation Services (OVRS) program staff, policy analysts, and branch managers regarding guardianship in Oregon and its impact on VR services. Participating in the presentation was an attorney and an advocate from DRO who each specialized in Oregon guardianship law. Guardianship has been an emerging issue for (OVRS) as it continues to serve a larger number of ID/D clients than in the past. As a CAP attorney, his portion of the presentation focused on relating the information about guardianship to OVRS services, and contained recommendations for how OVRS serves clients under guardianship. Approximately 40 people attended this training. CAP Attorney Matthew Denney presented information regarding client rights to employment when the client has a guardian to VR management staff. He presented on the CAP program role to OCB management staff. CAP Attorney Ted Wenk presented the CAP annual report regarding CAP activities and the CAP role to the State Rehabilitation Council and to the State Independent Living Council. <p><p>
C. Agency Outreach
CAP Staff Attorney Matthew Denney participated in an art exhibit project with the Portland Art Museum called &ldquo;Object Stories: Igniting Voices.&rdquo; The exhibit featured local activists from various minority communities in Portland, and focused on stories of political activism. In this context, I participated with a CAP client and my work as a CAP attorney in helping him to obtain transportation for employment from vocational rehabilitation was highlighted, as well as the work that he is now able to do as an employed individual who organizes other people with disabilities. The &ldquo;story&rdquo; will be accessible in an exhibit in the Portland Art Museum until February of 2018, as well as being featured on their YouTube channel. <p><p>DRO CAP Attorneys conducted the following outreach in FY2017: - Met with representative of the tribal VR programs as a group, providing CAP brochures - Attended Independent Living Resources (ILR) community summer picnic event, and met with ILR staff and board members to discuss CAP services - Attended quarterly State Independent Living Council (SILC) meetings - Attended monthly ILR Community Advocacy Team meetings, working on issues such as Non-emergency Medical Transportation service shortfalls and pedestrian advocacy to appeal to the City for accessible right-of-ways, which assist community members getting to and from the workplace <p><p>
D. Information Disseminated To The Public By Your Agency
1
0
0
449
1
1
New media: New Media <p><p>Ted Wenk, eblast: Don&rsquo;t let Congress weaken the ADA, October 2, 2017 (eblast open rate: 25.9%) Matthew Denney, eblast/blog post: Reimagining the workplace, August 7, 2017 (eblast open rate: 28%) Ted Wenk, Facebook post: The Oregon Disabilities Commission recently approved the creation of a special committee to develop an Oregon Task Force on Employment for People with Disabilities, July 31, 2017 (3,739 people reached) Gordon Magella, Blog post, Association of People Supporting Employment First 2017 National Conference, Lane v. Brown workshop, July 21, 2017 Bob Joondeph, eblast: Opening a door to prosperity for more Oregonians, June 1, 2017 (eblast open rate 37.9%) Client Joseph Lowe, blog post Q&A: Getting to work, March 14, 2017 (page views: 313) <p><p>
E. Information Disseminated About Your Agency By External Media Coverage
Newspapers/Digital Outlets The Oregonian, State's biggest youth prison gets $52 million upgrade, including new 'cottages', September 22, 2017 Vox, My wife chose to end her life after battling cancer. Now I fight for others to have that choice., September 21, 2017 The Oregonian, When the neediest students get the fewest school hours, September 17, 2017 Street Roots, CAGED: Inmates raise red flags about Oregon&rsquo;s solitary confinement, August 25, 2017 The Oregonian, Community members blast Mayor&rsquo;s idea for new community police engagement commission (August 4, 2017) Portland Business Journal, Mental breakdown: Battle rages on over Wilsonville psychiatric hospital (July 20, 2017) Portland Mercury, Oregon&rsquo;s mental hospital is being flooded with criminal defendants (July 19, 2017) The Oregonian, IQ costs Oregon parents their kids, but is it fair? (July 19, 2017) The Lund Report, Multnomah County Homeless Count Reveals Nearly 3 in 4 Unhoused Report Disabilities (June 21, 2017) The Oregonian, Portland teen with autism will make trip to United Nations after all (June 18, 2017) The Lund Report, Oregon disability groups warn senators ACA repeal bill will harm Oregonians with disabilities (June 14, 2017) The Oregonian, Advocates urge county to take jail inmates in crisis to new psychiatric ER (June 6, 2017) The Lund report, Republican senator wants more veteran psychiatric facilities, but health leaders balk (June 2, 2017) Portland Tribune, Oregon Pay Equity Act becomes law (June 1, 2017) Portland Mercury, Advocates to Sheriff: Keep your guns out of the Unity Center, May 26, 2017 AP, Lawmakers aim to shoot down pay discrimination (May 17, 2017), picked up by East Oregonian, U.S. News & World Report The Oregonian, Oregon took months to fix lead problems at juvenile prisons (May 15, 2017) Winston-Salem Journal, Winston-Salem-based Odd Fellows faces criticism after rejecting teen with autism (May 2, 2017) McClatchy, He won an essay contest and a trip. But then he was disqualified for being autistic, his family says (04/30/2017) The Oregonian, Tom Hallman: A Portland boy who won a prestigious trip told he can't go (04/28/2017), picked up by Bend Bulletin The Oregonian, Workers in Oregon prison unit say critical report is inaccurate, April 27, 2017 The Skanner and the Lund Report published our press release, April 26, 2017 The Oregonian, Severely mentally ill inmates spend too much time in their cells, says new report , April 26, 2017 Willamette Week, Report finds abuse of mentally ill prisoners, April 26, 2017 The Oregonian, Judge orders DHS to restore in-home care for disabled Oregonians, April 19, 2017 AP, Judge halts DHS cuts to in-home care for disabled Oregonians, April 19, 2017, picked up by U.S. News & World Report, Register-Guard, KTVZ-News East Oregonian, Under court order, DHS will restore in-home care services, April 19 2017, picked up by Blue Mountain Eagle
Part II. Individual Case Services
A. Individuals served
24
28
52
0
19
B. Problem areas
2
15
19
2
1
10
1
0
C. Intervention Strategies for closed cases
1
7
21
0
1
3
33
D. Reasons for closing individuals' case files
18
4
2
2
0
2
1
1
3
0
0
0
<P><p>
E. Results achieved for individuals
6
1
1
1
9
2
6
1
0
6
1) Reasonable accommodations negotiated and approved 2) Accommodation process failed; client unlikely to have remedy under ADA 3) Several outcomes: Individual assigned to new counselor/office, IPE Developed/Implemented, and Controlling Law/Policy explained to individual 4) Client stopped accessing VR services 5) Client obtained new counselor and a new IPE began to be developed, but was not completed as of case closure 6) Individual assigned to new job developer <p><p>
Part III. Program Data
A. Age
0
3
11
34
4
52
B. Gender
30
22
52
C. Race/ethnicity of Individuals Served
2
0
1
3
0
22
0
24
D. Primary disabling condition of individuals served
4
1
0
0
0
0
3
0
5
2
1
1
2
2
0
0
0
0
1
1
13
0
0
1
2
10
0
0
0
1
0
0
1
1
52
E. Types of Individuals Served
12
0
38
0
0
2
Part IV. Systemic Activities and Litigation
A. Non-Litigation Systemic Activities
2
CAP discovered that the &ldquo;student housing&rdquo; provided by the Portland training center for the Oregon Commission for the Blind (&ldquo;OCB&rdquo;) was not accessible to program participants with physical disabilities. CAP informed the Oregon Commission for the Blind that this could potentially create a Title II program access violation. Because of CAP intervention, OCB agreed to work with the owners of the property to install a railing on a staircase leading to the basement laundry room. CAP also received assurances that students at the training center who were unable to leave in the existing housing would be accommodated with an alternative, accessible apartment nearby. <p><p>CAP noted that VR Pre ETS outreach did not include distribution of CAP information. CAP contacted the VR transition coordinating staff and this information was added as required under WIOA. <p><p>CAP reviewed and provided recommendations and input regarding the following VR policies which ensured and enhanced client rights: Dispute Resolution Rights Hearing & Mediation Request Forms Notice of Decision and Action Template Subminimum wage final description of process for persons with disabilities who are current vocational rehabilitation clients Supported Employment new manual and instructions February 2017 Self-Employment Toolbox LEAN Academy Project on Policy Development Process Review and comment on Oregon Administrative Rules (OAR) 582 Division 1 Definitions Review requests for Action Requests Vocational Goal and Credentials; Wage Verification to document data for performance measures in WIOA for Oregon VR. ODDS Worker-Guide-Competitive Integrated Employment ODDS Worker-Guide-Employment-Stabilization Public hearings for rulemaking discussion of how they work Subminimum Wage enforcement Verification of Wage at employment and at exit from program Fiscal Policy for purchases requiring request to funding agency prior to purchase Fiscal Policy draft. Purchases of $5,000 or greater require request to funding agency prior to purchase. Relates back to federal requirements. APD-AR-17-020 Core Competency Training Requirements for Employment at Aging & People with Disabilities agency Limitations on Post-Employment Services in Policy Manual, OAR and new CFR sections OAR 582 Division 100 Order of Selection draft Employment First Core Competencies Modules for Employment Specialists who need to demonstrate competencies to comply with VR Job Placement Services Contract requirements. Amend Confidentiality and Inadmissibility of Mediation Communications and Workplace Interpersonal Dispute Mediation Communications IPE Comprehensive Vocational Assessment Discussion of new Employment First website resource Documenting Educational Goals and Credential Attainment Order of Selection brochure updated Supported Microenterprise pilot & procedures Fiscal Policy on Program Income Update on the Comprehensive Statewide Needs
B. Litigation
0
0
0
N/A <p><p>
Part V. Agency Information
A. Designated Agency
External-Protection and Advocacy agency
Disability Rights Oregon
No
N/A
B. Staff Employed
During FY 2017, seven (7) individuals - Intake advocates, Attorneys and our Communications Specialist - each spent part of their time on activities directly related to CAP eligible clients and objectives. <p><p>FTE for Professionals equaled 1.01 <p><p>One (1) Administrative assistant provided support to these professionals for a total FTE of .08 <p><p>
Part VI. Case Examples
Case Examples
Case Example 1 <p><p>The client initially contacted Disability Rights Oregon in July of 2016 because she had not heard from her assigned VR counselor in several months. The CAP attorney reviewed the client&rsquo;s VR case file and determined that this was accurate. Additionally, VR had failed to provide disability-related supports while the client was taking an examination for employment with the postal service, and was therefore unable to complete the examination process. <p><p>The CAP attorney contacted VR management regarding the lack of contact from the client&rsquo;s counselor and the lack of action being taken on the case. They agreed to set the client up with a new counselor and resume the job development listed in the IPE. In November of 2016, the client&rsquo;s new counselor agreed to set her up with an &ldquo;On the Job&rdquo; training program with the Department of Motor Vehicles (DMV). There were some delays in setting up this program from the side of the DMV, but the CAP attorney continued to monitor the case. The CAP attorney explored alternative employment possibilities with the client and VR counselor in the event that the DMV program fell through. However, in March of 2017 this proved unnecessary because the client was accepted into the program. The CAP attorney then followed up with the counselor to ensure that the client would have access to ASL interpreters while training in the program. In May of 2017, the client began the training program with the DMV. With that successful outcome, the CAP attorney closed the case. <p><p>Case Example 2 <p><p>The client contacted Disability Rights Oregon in January of 2017 due to concerns about being able to maintain reasonable accommodations for work previously arranged with the client&rsquo;s employer. The client had worked with a VR counselor to set up accommodations in the workplace needed to maintain employment. <p><p>Specifically, the client needed to maintain a &ldquo;work from home&rdquo; arrangement that allowed her to work from home intermittently on days she was ill. The client&rsquo;s manager had changed and was no longer authorizing her to do this. In February of 2017, the CAP attorney contacted the employer to discuss the situation. They agreed that work from home would be allowed, but that a clearer agreement was needed on what work could be performed remotely and how the client would communicate with the employer while performing that work. By early March, the CAP attorney set up a meeting between himself, the client, the vocational rehabilitation counselor, the manager, and the human resources director. Because of the meeting, a communications strategy for days on which the client needed to work from home was agreed upon, as well as onsite equipment that vocational rehabilitation could provide for the client to make working at the worksite easier. <p><p>Unfortunately, in mid-April the client became extremely ill due to her disability and was required by a doctor to
Certification
Approved
Robert C. Joondeph
Executive Director
2017-12-28
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