RSA-227 for FY-2017: Submission #966

Utah
9/30/2017
General Information
Designated Agency Identification
Disability Law Center
205 North 400 West
{Empty}
Salt Lake City
UT
84103
{Empty}
(800) 662-9080
{Empty}
Operating Agency (if different from Designated Agency)
Disability Law Center
205 North 400 West
{Empty}
Salt Lake City
84103
Utah
{Empty}
(800) 662-9080
{Empty}
Additional Information
Lindsay Boerens
Lindsay Boerens
(801) 363-1347
{Empty}
Part I. Non-case Services
A. Information and Referral Services (I&R)
57
2
0
0
0
5
64
B. Training Activities
11
191
VR ADA Trainings CAP advocates provided training to VR counselors on Title I of the Americans with Disabilities Act (ADA). Counselors received information about how the ADA interacts with hiring processes and reasonable accommodation requests. Our goal is to train counselors to be able to troubleshoot issues that clients may face as they seek competitive and integrated employment. This training was provided to the Provo, Southern Utah, Eastern Utah, and Davis district offices of VR, reaching 76 counselors and rehabilitation technicians. <p><p>PARC ADA Training Each year, CAP staff provides training to staff of the Pioneer Adult Rehabilitation Center (PARC) on Title I of the ADA, with an emphasis on the reasonable accommodation process. 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. We like to support this 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 FY17, we provided this training to 35 job coaches and developers at PARC. <p><p>Deseret Industries Employment Centers 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 also known as the LDS Church. It includes a retail chain of thrift stores and work projects. The DI has a similar model to the well-known Goodwill Industries. As with other thrift stores, people donate items such as furniture, appliances, computers, and clothing, which the store then sells to the public. Deseret Industries provides job skill training for people with disabilities and helps place them into private sector employment. The DLC provided outreach and presentations to the Salt Lake City, Roosevelt, and Vernal DI locations to educate staff and employees on the reasonable accommodation process and how to overcome problems working with vocational rehabilitation. We provided information to 18 individuals including DI managerial staff and DI sales associates engaged in their work training program. <p><p>WIOA Training Rights in education, transition, and vocational rehabilitation Training on the new WIOA regulations, education rights, transition advocacy, and helping overcome problems related to vocational rehabilitation was provided to the Central Utah Youth Center, the Department of Child and Family Services (DCFS), and in Spanish to Utah Foster Care staff and parents. The DLC was able to educate 62 attendees on their rights related to transition and employment. <p><p>
C. Agency Outreach
Outreach to Underserved/Unserved Disability Populations Prior to the start of FY17, the DLC identified three traditionally underserved and unserved areas of the state where we wanted to conduct targeted outreach during the year. These areas include Kane County, Garfield County, and the Uintah Basin area. These three areas were chosen based on their small size and rural location as each county is located far from the Wasatch Front, where 80% of the state&rsquo;s population reside. According to the 2010 U.S. Census, Kane County had a population of 7,125; Garfield County had a population of 5,172; and Roosevelt and Vernal cities located in the Uintah Basin area had a combined population of 15,135. Kane County Outreach The DLC presented information about our services to 32 individuals from various human services agencies around Kane County, including Kane School District, the health department, law enforcement, Allies for Families, and local mental health agencies. Garfield County Outreach The DLC presented information to 10 individuals from various Garfield county agencies about our advocacy services. Uintah Basin Outreach Outreach was conducted in the Uintah Basin area to the following agencies: Uintah Basin Applied Technology Center, Vernal and Roosevelt VR offices, Vernal Deseret Industries Employment Center, and the Utah State University Extension locations in Roosevelt and Vernal. Information was provided to staff about DLC services and the referral/intake process. An emphasis was placed on our employment work and how we can help people with disabilities remove barriers to employment, understand their rights in relation to Title I of the ADA, and how to address disability-based discrimination. <p><p>Outreach to Minority Communities The DLC continues to make consistent efforts to reach members of the Latino community, which is our state&rsquo;s largest minority group. In FY17, we dramatically increased our ability to meet the needs of the Latino community by increasing our Spanish-speaking staff to 5 members, including two advocates on our intake team. The DLC is also fortunate to have a Spanish-speaking advocate whose time is dedicated to conduct extensive outreach efforts across the state. We met with Latino-affiliated agencies to discuss DLC services and how we can help remove barriers to employment. <p><p>Our FY17 Latino community outreach efforts reached 825 individuals during 35 targeted ethnic outreach events and 8 presentations. Events included six Spanish Family Resource Fairs, the Spanish Cancer Conference, a presentation to Spanish Foster Care, four presentations to Spanish Liaisons, two outreach events with the Mexican Consulate, a lunch meeting hosted by the DLC where we established relationships with 12 Latino providers, outreach at the Spanish Family Links Conference, a presentation to the Road Home, four outreach events at Partners in the Park, an information table at the Hispanic Fiesta event, six presentations to
D. Information Disseminated To The Public By Your Agency
11
0
3
5720
21
458
The agency posted two CAP-related Facebook posts in FY17. <p><p>The DLC's Employment Team web page was viewed 456 times in FY17. <p><p>CAP Brochures<p>Approximately 5,720 CAP brochures were distributed to the disability and service provider communities during presentations, trainings, and outreach events. 440 brochures were distributed to attendees during our training events. 280 brochures were shared during outreach events. 5,000 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.<p>Facebook<p>Throughout the year, the DLC posted 19 employment-related articles on Facebook. Through these posts, we reached 8,605 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.<p>Online Training Webinars & YouTube Videos<p>The DLC produced two online webinars for people with disabilities and service providers. One webinar focused on the HCBS settings rule and the other was about the proposed Medicaid cuts in the ACA repeal bill.<p>Agency website hits: 54,845<p>
E. Information Disseminated About Your Agency By External Media Coverage
Radio/TV Appearances (11) The DLC was mentioned in or participated in interviews that were aired on local TV channels and radio stations. Topics covered include: guardianship, mental illness in Utah jails and exorbitant wait times to receive competency restoration services, rallies in support of affordable health care and against A.C.A. repeal efforts. <p><p>Website Mentions (152) Our agency was mentioned by external web sources many times throughout the year covering a wide variety of disability-rights topics. Sources that mentioned us online include: Deseret News, KSL.com, ACLU Utah, UtahPolicy.com, Radioactive KRCL, Salt Lake Tribune, LegalNewsLine, Washington Times, Standard-Examiner, KUTV.com, Alliance for a Better Utah, News Locker, Fox13, KUER.org, Good4Utah, SF Gate, AP News Archive, Wichita Eagle, Ability Chicago, Sentinel News, Stamford Advocate, University of Utah Updates, City Weekly, Voices for Utah Children, and many others. <p><p>Most of FY17&rsquo;s employment-related media related to the case of Scott Bonn, a DLC client with an intellectual disability who was fired from Papa John&rsquo;s after being denied the use of a job coach. The case has far reaching implications for people with disabilities working in Utah. The case story was featured on eeoc.gov, publicnow.com, Ability Chicago, and numerous disability organization Twitter accounts. Here is a portion of the story from eeoc.gov: <p><p>The owners of a Farmington, Utah Papa John's Pizza will pay $125,000 and furnish other relief to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the EEOC announced today. According to EEOC's lawsuit, Papa John's discriminated against Scott Bonn, who has an intellectual disability, Down syndrome. EEOC alleged that Papa John's employed Bonn successfully at its Farmington location for more than five months and allowed an independently employed and insured job coach to assist him. EEOC further charged that after an operating partner visited the Farmington location and observed Bonn working with the assistance of his job coach, the operating partner ordered Papa John's local management to fire Bonn. Under the consent decree settling the suit, Papa John's is required to pay $125,000 to Bonn, review its equal employment opportunity policies, conduct training for management and human resources employees for its restaurants in Utah, and establish a new recruitment program for individuals with disabilities in Utah. Laura Boswell, an attorney with the Disability Law Center in Salt Lake City, Utah and counsel for Scott Bonn, said, 'In my experience, employees with intellectual disabilities, while often overlooked, are frequently among the most dedicated and hardworking. Scott exemplified these qualities while employed at Papa John's. We are hopeful that this settlement will serve to educate employers about the skills and value Scott, and employees like him, can bring to the workforce when
Part II. Individual Case Services
A. Individuals served
14
82
96
9
15
B. Problem areas
10
13
67
1
1
1
0
6
C. Intervention Strategies for closed cases
60
0
23
2
0
0
85
D. Reasons for closing individuals' case files
45
18
5
3
0
15
0
0
1
0
0
0
<P><p>
E. Results achieved for individuals
35
1
2
1
14
16
4
9
4
1
Client withdrew complaint to attend to family matters. <p><p>
Part III. Program Data
A. Age
0
16
35
39
6
96
B. Gender
40
56
96
C. Race/ethnicity of Individuals Served
4
1
2
3
0
80
1
5
D. Primary disabling condition of individuals served
1
1
0
0
0
1
7
0
7
5
0
4
1
5
0
0
1
0
1
3
32
0
0
2
9
13
0
0
0
3
0
0
0
0
96
E. Types of Individuals Served
16
5
74
2
0
1
Part IV. Systemic Activities and Litigation
A. Non-Litigation Systemic Activities
7
HB 92 The DLC engaged in legislative advocacy and worked with community partners to support the passage of House Bill 92. House Bill 92 prohibits corporal punishment and the use of restraint and seclusion of students who do not present a danger to themselves or others. The DLC continued its close collaboration with the Utah State Board of Education and the Utah Parent Center as well as its investigation of services for youth in state custody. <p><p>State Rehabilitation Council (SRC) During FY17, a DLC advocate served on the State Rehabilitation Council and attended monthly meetings to provide a voice of advocacy as our state&rsquo;s Vocational Rehabilitation program adjusts and adapts to major changes in service delivery. We provided the council with a monthly report containing information on our advocacy efforts, complaint trends, and the steps we take when we open a CAP case. <p><p>Utah State Education Advisory Panel The Utah Special Education Advisory Panel (USEAP) had 4 major areas of focus during FY17: youth in state custody, high school diplomas, transition planning, and guidance counselors. USEAP brings parents, educators, administrators, service providers and advocates together to provide advisory opinions on special education and related programs in the State of Utah. In the area of transition, we continue to advise the state educational programs to work with state agencies to help students become more integrated by working toward competitive employment. We advised the state to work collaboratively with Vocational Rehabilitation to meet the needs of transition age youth. We also promoted the implementation of special education rules that lowered the age for starting the transition process to 14 years old and emphasized the importance of early involvement by transition guidance counselors. The Utah State Board of Education reviews our advisory opinions and will return to USEAP over the next year to show implementation of our recommendations. <p><p>Homeless & Housing Coordinating Council DLC staff participated in the forming of the Homeless & Housing Coordinating Council (HHCC). The HHCC is organized to provide support and a framework for organizations inside of Salt Lake County that assist people entering Permanent Supportive Housing in maintaining housing, and reengaging into the larger community through employment and other supportive services. The DLC was asked to provide input specific to employment for people with disabilities. This council fits in nicely with the CAP team&rsquo;s broader goal of engaging the homeless community in an effort to help remove barriers to employment for those who are chronically homeless. <p><p>DWS Advocates Meeting <p><p>CAP staff participated in monthly meetings with the Department of Workforce Services (DWS) Advocates Meeting in an effort to provide input on barriers facing the disability community and to learn about service coordination for those seeking help from the state&rsquo;s general
B. Litigation
0
0
0
n/a <p><p>
Part V. Agency Information
A. Designated Agency
External-Protection and Advocacy agency
Disability Law Center
No
n/a
B. Staff Employed
Full-time professional: 1.48 Part-time professional: 0.11 Full-time clerical: 0.12 Part-time clerical: 0.33 TOTAL FTE: 2.03 <p><p>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. <p><p>
Part VI. Case Examples
Case Examples
Emerging Trend: Problem accessing VR services while residing at an ICF/ID <p><p>Client is 34 years old and has an intellectual disability. Client lives in an Intermediate Care Facility for Intellectual Disabilities (ICF/ID) and works at a sheltered workshop. The client desires to work in the community, but was having trouble connecting with the local VR office. After applying for services, VR sent the client a 30 day closing letter stating that the client was unresponsive and did not contact VR in a timely manner. The client was unaware that VR was trying to contact him because the case manager at his residence had not been relaying messages about upcoming meetings with VR. The client contacted CAP because he disagreed with VR&rsquo;s decision to close the case. CAP argued that VR should find alternative communication methods that would allow the client to not have to rely on the ICF/ID staff. VR reversed their decision and agreed to keep the case open. VR has since worked with the client and with the ICF/ID staff to find a way to communicate and allow the client to attend meetings with his counselor. Our client now has an IPE and is actively working towards this goal. <p><p>Client is 67 years old and has an intellectual disability. Client contacted CAP after he and his guardians were unsuccessful in connecting with VR to submit an application for services. Following CAP involvement, we learned that the majority of the communication issues stemmed from the case manager at the ICF/ID who was not helping the client pursue VR services. CAP worked with the client and VR to set up alternative means of communication so that he would not need to rely on the case manager at the ICF/ID in order to meet with and communicate with VR. Client has since been found eligible for services, has an IPE with a job goal, and is working with a job coach. <p><p>Emerging Trend: Service Issues for Clients with Blindness Getting Services Approved in IPE <p><p>Client is 44 years old and is blind. Client had been receiving services from VR to support his goal of self-employment. Client operates a snack shack in a government building and required new software to use with a laptop he had purchased to run the business. VR had approved the software and it was listed in his IPE. However, the client found it almost impossible to get VR to submit the authorization so that he could receive the software. Frustrated, the client contacted CAP for help. CAP spoke with VR and within days the authorization was submitted and the client received his software. <p><p>Client is 19 years old and is blind. Client had been working with VR and had already been approved to begin taking college classes as part of his IPE. VR had also agreed to provide him with a laptop computer and screen reading software to help him be successful in class. However, VR did not authorize the purchase of the equipment in a timely manner and the client was forced to begin school without the appropriate AT. Frus
Certification
Approved
Adina Zahradnikova
Executive Director
2017-12-20
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