RSA-227 for FY-2018: Submission #1015

North Dakota
9/30/2018
General Information
Designated Agency Identification
ND Division of Vocational Rehabilitation
1000 E. Divide Avenue
{Empty}
Bismarck
ND
58501
http://www.nd.gov/dhs/dvr/
(800) 755-2745
(800) 366-6888
Operating Agency (if different from Designated Agency)
Protection & Advocacy Project
400 E. Broadway
Suite 409
Bismarck
58501
North Dakota
tlarsen@nd.gov
http://www.ndpanda.org
(800) 472-2670
(800) 366-6888
Additional Information
Teresa Larsen
Teresa Larsen
(701) 328-2950
{Empty}
Part I. Non-case Services
A. Information and Referral Services (I&R)
4
0
0
0
3
6
13
B. Training Activities
5
80
a) accommodations in the workplace; T-ND Transition app; employment discrimination; CAP; b) educate individuals with disabilities on the law requiring, and options for, accommodations in the workplace; encourage use of the ND Transition app for high school students and young adults; educate stakeholders on employment discrimination law and the prevalence of such cases in ND; educate individuals about VR and CAP; c) special education teachers on one of ND's reservations; individuals with disabilities; service providers; new VR Counselors <P><p>
C. Agency Outreach
April 20th & 21st - CAP advocate attended the Transition Fair in Ft. Totten and staffed a booth. 1,049 individuals were reported to be in attendance. Aug. 10th - CAP attorney presented on CAP and employment-related issues to six individuals who are blind or have visual impairments attending Camp Grassick. Aug. 30th - CAP advocate manned a booth at the Veterans' Stand Down" Conference in Bismarck. Information & materials were provided. CAP staff have ongoing contact with Tribal 121 staff on the reservations in ND. <P><p>"
D. Information Disseminated To The Public By Your Agency
0
0
0
3000
4
0
Booths/exhibits were provided by CAP at the following: 1) annual ND VR Conference (October 2017) with 300 in attendance; 2) Transition Fair at Ft. Totten (April 2018) with 1,049 in attendance; 3) ND Association of Community Providers annual conference (May 2018) with 300 in attendance; 4) Veterans' Stand Down (August 2018) <P><p>
E. Information Disseminated About Your Agency By External Media Coverage
CAP provides brochures to all of the VR offices and CIL agencies in ND for dissemination to its applicants and clients. <P><p>
Part II. Individual Case Services
A. Individuals served
9
19
28
1
5
B. Problem areas
1
9
16
1
0
1
1
0
C. Intervention Strategies for closed cases
7
0
16
0
0
0
23
D. Reasons for closing individuals' case files
10
4
2
0
0
3
0
0
2
0
0
2
agency withdrew from case = 1; other? <P><p>
E. Results achieved for individuals
0
0
1
0
4
2
3
2
4
7
<P><p>
Part III. Program Data
A. Age
1
11
5
11
0
28
B. Gender
14
14
28
C. Race/ethnicity of Individuals Served
2
8
0
2
0
16
1
1
D. Primary disabling condition of individuals served
0
1
0
0
0
0
3
0
0
0
0
1
0
0
0
1
0
0
0
2
9
0
0
2
1
5
0
0
0
1
0
1
0
1
28
E. Types of Individuals Served
15
0
9
0
3
2
Part IV. Systemic Activities and Litigation
A. Non-Litigation Systemic Activities
2
1) CAP staff had multiple meetings with VR offices, centers for independent living, and tribal 121 offices around the State. While some of this effort might be considered outreach, or even training, there is also significant discussion regarding VR practices as well as CAP work. In addition, the CAP director (P&A Exec. Dir.) met with VR administration re issues and activities a total nine (9) times, generally monthly, during FY 2018. These meetings allow for discussion of programmatic issues and general updates re staffing, etc. A significant issue raised was the letter going to clients/former clients/applicants regarding their appeal rights and the process. The letters were not consistent, and not always accurate, in terms of processes/timelines, etc. This was ultimately addressed by VR and appears to be resolved. 2) The CAP attorney provided public input on the promulgation of VR State Administrative Code. Most, if not all, of the suggested changes were accepted by VR. <p><p>
B. Litigation
1
0
1
A client with significant mental illness was found eligible for VR services and VR was working with her. However, following VR's request for, and the client's subsequent completion of, an evaluation with a psychologist, the client's case was closed. The psychologist's evaluation basically stated the client can't work" because of the mental illness. VR did not communicate with the client but closed the case arbitrarily. The Administrative Law Judge found that the decision by VR to close the case was improper and VR's decision was reversed. <P><p>"
Part V. Agency Information
A. Designated Agency
Internal to the State VR agency
ND Division of Vocational Rehabilitation
Yes
Protection & Advocacy Project
B. Staff Employed
For FY 2018, the CAP Team included: 1) Cynthia Goulet (attorney, 40%); Loretta Movhcan (advocate, 50%); Dave Boeck (director of legal services, 5%); Teresa Larsen (exec. dir., 10%). [Note: the % equals the allocated time for a full-time position] <P><p>
Part VI. Case Examples
Case Examples
Joe" was a young adult who was living with his parents. He was in his fifth year in high school when he came to CAP for help. He has multiple diagnosis. He was receiving services through special education as well as VR. The client and his parents reported being very unhappy with VR services. While Joe was on a Transition IEP, VR stated they only had one hour a week to work with Joe due to a lack of staffing. CAP provided extensive assistance to Joe and his parents. While they played an active role, they asked for CAP assistance at all times. As a result of CAP involvement, Joe's needs were finally met by the last semester of his fifth year in high school. Because the public school did not have a transition program, they agreed to pay for two years for Joe to participate in A-STEP (http://www.ndcpd.org/astep/) at Minot State University. This is a very successful outcome for Joe. He is doing exceptionally well in A-STEP. <p><p>A client with significant mental illness was found eligible for VR services and VR was working with her. However, following VR's request for, and the client's subsequent completion of, an evaluation with a psychologist, the client's case was closed. The psychologist's evaluation basically stated the client "can't work" because of the mental illness. VR did not communicate with the client but closed the case arbitrarily. The Administrative Law Judge found that the decision by VR to close the case was improper and VR's decision was reversed.<p>"
Certification
Approved
Robyn Throlson
Acting Executive Director, VR
2018-12-31
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