RSA-227 for FY-2019: Submission #1071

North Carolina
9/30/2019
General Information
Designated Agency Identification
Department of Health and Human Services
2801 Mail Service Center
{Empty}
Raleigh
NC
27699
http://nc.dhhs.gov/dvrs/
{Empty}
{Empty}
Operating Agency (if different from Designated Agency)
Department of Health and Human Services
2801 Mail Service Center
{Empty}
Raleigh
27699
{Empty}
{Empty}
http://nc.dhhs.gov/dvrs/
{Empty}
{Empty}
Additional Information
John Marens
John Marens
(919) 855-3600
{Empty}
Part I. Non-case Services
A. Information and Referral Services (I&R)
561
79
0
6
405
319
1370
B. Training Activities
7
1078
Overview of CAP and Vocational Rehabilitation programs were presented to new staff of Vocational Rehabilitation and newly appointed members of the State Rehabilitation Council, the Commission for the Blind and for the staff and clients of Carobell (a community service provider that provides supports to individuals with intellectual developmental disabilities; a collaborative presentation with the National Disability Rights Network (NDRN) on Developing an effective Individualized Plan for Employment to P&A staff attending the NDRN annual conference. <p><p><p><p>
C. Agency Outreach
NCCAP engages in a number of outreach efforts. Our efforts are intended to reach professionals that deal with underserved/unserved populations and to the public. CAP staff consistently exhibit at conferences where those who serve individuals who are identified as potentially underserved/unserved can be educated about both CAP and the VR agencies services. This year this includes: the Addiction Professionals of NC Annual Conference, National Association for the Mentally Ill (NAMI) Conference, the Annual National Association of Social Workers (NASW) Conference, North Carolina Rehabilitation Association (NCRA), and the Area Health Education Centers for various conferences that focus on substance use as well as the Individuals with Developmental Disabilities. <p><p>CAP has also been attending the North Carolina Council on Developmental Disabilities (NCCDD) quarterly meetings where both professionals and consumers attend. CAP regularly exhibits at the NC Vocational Evaluators, Work Adjustment Specialists Annual Conference. This is of interest as many graduate students in rehabilitation counseling usually attend. All these conferences are held in different regions of the State so that CAP reaches across the geography of the State in its efforts. CAP participates in both the General VR and the DSB Public Forums across the State to reach consumers, including those in rural areas. To reach the transition population, NCCAP exhibits at the NC Annual Exceptional Children's Conference which parents and teachers attend, the NC Works Conference and the NC Division on Career Development and Transition Conference, the NC School Counselors Association, as well as local Transition Conferences when invited. The CAP Director participates in the quarterly Statewide Independent Living Council meetings staffed by persons with disabilities and the Directors of the Centers for Independent Living to educate members on CAP activities and services. The CAP director is a member of the State Rehabilitation Council and was recently appointed Chair. <p><p>
D. Information Disseminated To The Public By Your Agency
0
0
0
8690
24
0
<P><p>
E. Information Disseminated About Your Agency By External Media Coverage
Vocational Rehabilitation Agency Program Specialists often request CAP brochures to disseminate to the audiences for trainings and conferences they attend. The specialists attend various community activities throughout the state targeting the deaf and hard of hearing, mental health populations as well as the population that utilize Spanish as their first language. <P><p>
Part II. Individual Case Services
A. Individuals served
17
122
139
0
22
B. Problem areas
0
37
79
17
0
4
1
0
C. Intervention Strategies for closed cases
5
52
59
0
1
0
117
D. Reasons for closing individuals' case files
84
23
8
0
1
1
0
0
0
0
0
0
<P><p>
E. Results achieved for individuals
30
2
1
0
52
21
1
3
0
1
Client case was closed due to communicated threats and a &ldquo;no contact order&rdquo; was pursued through legal channels. <P><p>
Part III. Program Data
A. Age
5
16
27
81
10
139
B. Gender
88
51
139
C. Race/ethnicity of Individuals Served
1
1
1
65
0
69
2
0
D. Primary disabling condition of individuals served
7
1
0
0
4
7
6
1
7
2
0
7
7
3
0
1
1
0
0
9
20
3
0
3
6
32
1
2
0
2
0
0
0
7
139
E. Types of Individuals Served
18
0
98
22
0
1
Part IV. Systemic Activities and Litigation
A. Non-Litigation Systemic Activities
1
1.1. Follow up: A legal guardian and daughter of an Independent Living (IL) applicant contacted the CAP because her mother had been determined ineligible for Independent Living (IL) services as she was deemed &ldquo;unable to participate in the development of her Independent Living Plan&rdquo; due to dementia. The daughter felt that she had the right to represent her mother in the planning of services as her guardian, and she reported that her mother did have days when she was lucid and clear minded. Negotiation and advocacy failed to change the agency decision and CAP assisted the client in filing for an appeal hearing and agreed to represent her in the hearing. Research in preparation for the hearing demonstrated that other NC DHHS agencies allowed recipients of services to be represented by guardians, and thus, this was not a barrier to services in other NC agencies. The Client Advocate presented the case in the hearing along the client&rsquo;s daughter as an issue of discrimination and obtained support (that the IL agency should serve people with guardians) from the NC State Independent Living Council (NCSILC) and the IL Agency Director. Unfortunately, we did not prevail and the Hearing Officer ruled in favor of the agency due to the particular language in a NC General Statute. CAP then assisted the client in getting a review through the Secretary&rsquo;s office and then provided advice and referral to other resources, including the P&A, to investigate the possibility of a class action lawsuit, an action the CAP cannot take. As the CAP Director, I believe it is discriminatory to prevent an individual from receiving IL services just by virtue of the fact that they have a guardian. These individuals can still benefit from IL services if those services allow them to remain in their own home or support their continued independence in the community. While we were not successful in this individual case, we will look for ways to address the NC statute that allows this denial of service. At present, the CAP was not able to effect a change in IL policy or practice. The result of our efforts to bring this to an appeal hearing has been to shed light on the issue. We have solicited the support of the Chief of the NC Community Services / Independent Living Program to continue to bring this before the NCVR/IL administration as well as the IL Chief of Policy. As there have been changes in senior leadership of Employment/ Independent Living Services, we hope to find more friendly ears, and to then reintroduce this issue to the SILC- State Independent Living Council for written support to the NC Legislature. At this writing, we have had two clients with the same issue. If we have more people with the same situation we will consider contacting Disability Rights North Carolina to seek support in filing class action litigation. Follow Up - There have been no further instances of issues related to guardianship during this year&rsquo;s reporting period
B. Litigation
0
0
0
<P><p>
Part V. Agency Information
A. Designated Agency
Internal to the State VR agency
NC DHHS
No
N/A
B. Staff Employed
Four Full time positions filled 100% of the year. Director Two Client Advocates Program Assistant <P><p>
Part VI. Case Examples
Case Examples
1.Reason: Denial of tuition assistance reimbursement to support summer school. <p><p>A 24 year old person with an intellectual disability was attending college in support of his job goal of financial manager. Due to his disabling condition, he had to repeat several classes because he did not meet the academic standards for passing. In order for him to graduate on time he needed to take two classes in summer school. His PELL covered the first class and he was seeking assistance for tuition from DVRS for the second class. The DVRS does not typically support summer school unless the students meet three criteria outlined in their policy, which are: 1 Summer attendance is required as part of the curriculum, 2 if the class is not offered during the typical fall/spring semesters and 3 it will allow the student to graduate earlier. The agency did not feel that his situation met the criteria and denied the request. The family had to pool together the necessary monies ($1,500.00) for tuition and were requesting DVRS reimburse them as it was a financial hardship. CAP advised the student to request a letter from his academic advisor with his academic plan as well as recommendations for summer school. The client was able to secure the letter. The CAP advocate contacted the counselor and went over the information contained in the recommendation letter from the advisor. The agency felt that due to his having to repeat several classes that he would not be successful and would not reverse their decision. The advocate pointed out that many times people with specific learning disabilities had to repeat classes and that they were successful the second time. <p><p>The counselor/unit manager would not request an exception to policy. He was attempting 19 credit hours in his final year and they felt it would be too difficult to attempt this many classes simultaneously but more so because they felt his job choice was inappropriate although they agreed to his employment goal on his IPE. The CAP recommended the client request an administrative review and an appeals hearing. While CAP assisted the client with preparation for the administrative review, the client did not request CAP&rsquo;s presence to attend the review. However, the administrative reviewer supported the evidence the client presented and ultimately recommended the agency reverse their decision. The also recommended that the IPE be amended to reflect sponsorship of training (tuition, books, fees, maintenance) through the Spring 2019 semester. Ultimately, the agency chose to follow the recommendations of the reviewer and reimbursed the client the tuition. Because the client was pleased with the outcome of the administrative review and the action the agency took in response there was no need for an appeals hearing and the client withdrew his request to continue due process. <p><p>Payment for summer school was approved and he completed fall semester earning all the needed credits
Certification
Approved
Tara Myers
Deputy Secretary for Human Services
2019-12-03
OMB Notice

OMB Control Number: 1820-0528, approved for use through 07/31/2023

According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless such collection displays a valid OMB control number. Public reporting burden for this collection of information is estimated to average 16 hours per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The obligation to respond to this collection is required to obtain or retain a benefit (Section 13 of the Rehabilitation Act, as amended). Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to U.S. Department of Education, Washington, D.C. 20202-4537 or email ICDocketMgr@ed.gov and reference the OMB Control Number 1820-0528. Note: Please do not return the completed form to this address.