RSA-227 for FY-2019: Submission #1072

North Dakota
9/30/2019
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/cap/
(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)
1
1
2
0
1
3
8
B. Training Activities
4
66
a) CAP services; transition services and transition app; CAP services and operations; b) awareness and education; establish working relationship with new VR counselors; rights of transition-age students; c) special education staff on Ft. Totten reservation; new VR counselors; undergraduate special education students; veterans administrators <P><p>
C. Agency Outreach
CAP had a booth at five different fairs/conferences: 1) ND State Autism Spectrum Disorders Conference; 2) Bismarck Public Schools Parent Transition Fair; 3) Brain Injury Day at the State Capitol; 4) YESS (Youth Empowering Social Status) conference which is primarily young adults; 5) Power Up Conference for Families with Youth with Disabilities. <p><p>CAP staff made outreach visits to all VR offices during the year, including Tribal 121 offices on the reservations. Visits were also made to provide information about CAP, including transition and app, to special education teachers, coordinators, and directors. <p><p><p><p>
D. Information Disseminated To The Public By Your Agency
0
1
0
1026
5
0
<P><p>
E. Information Disseminated About Your Agency By External Media Coverage
<P><p>
Part II. Individual Case Services
A. Individuals served
6
8
14
1
6
B. Problem areas
0
3
9
1
0
1
1
0
C. Intervention Strategies for closed cases
6
0
1
0
1
1
9
D. Reasons for closing individuals' case files
3
3
0
1
0
0
0
0
2
0
0
0
<P><p>
E. Results achieved for individuals
3
0
0
0
0
0
3
0
1
2
One case went to hearing. The individual was represented by the CAP attorney. The Administrative Law Judge ruled in the client's favor; that VR had improperly closed the client's case and that VR must re-open it and begin providing services. The client was also able to have their case transferred to a different VR regional office and a different VR counselor. <p><p>After initial referral and communication, one client was not able to be contacted through the phone number and address given. After numerous tries, the case was closed. <p><p>
Part III. Program Data
A. Age
1
2
3
8
0
14
B. Gender
8
6
14
C. Race/ethnicity of Individuals Served
0
6
0
0
0
7
0
1
D. Primary disabling condition of individuals served
1
0
0
0
0
0
0
1
1
0
0
2
1
0
0
1
0
0
0
1
1
0
0
1
0
2
0
0
0
0
1
0
0
1
14
E. Types of Individuals Served
7
0
6
0
0
2
Part IV. Systemic Activities and Litigation
A. Non-Litigation Systemic Activities
1
CAP staff (the attorney) reviewed proposed changes to applicable administrative code proposed by VR. Suggested changes were made by CAP and accepted by VR. CAP and VR staff generally have a good working relationship which allows collaboration on changes, such as this, to policies and administrative code. Other recommendations have been made by CAP staff serving on the SRC. For example there was not an orientation being provided for new SRC members. This was changed and there is now an orientation provided for new SRC members.<p>CAP staff had multiple contacts with VR offices statewide as well as the Centers for Independent Living and Tribal 121 offices. The CAP Coordinator met with the VR Acting Director on an ongoing basis, generally monthly, during FY 2019. The meetings were informal and allowed for discussion on a variety of topics concerning VR and CAP. <p><p>
B. Litigation
0
1
1
This was a carry-over case from the previous fiscal year in which VR closed a client's case after requiring a psychological evaluation which resulted in a client can't work" due to mental illness finding. VR then closed the case arbitrarily without communicating with the client. The Administrative Law Judge (ALJ) found the decision by VR to close the case to be improper and VR's decision was reversed. VR responded to the ALJ's ruling by re-opening the clients' case. <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
1) Cynthia Goulet (attorney, 40%); Nick Murphy (advocate, 45%); Dave Boeck (dir. of legal services, 5%); Teresa Larsen (director, 5%). [Note: The % equals the allocated time of a full-time position). Administrative and fiscal support are done by staff who charge 100% of their time to State General Funds. <P><p>
Part VI. Case Examples
Case Examples
This is about a 35-year old male. I'll call him Sam. He has limited mobility and uses a wheelchair due to CP. He lives in independent housing with his cat. His mom lives in the same town and often provides rides but otherwise Sam transports around the community primarily using accessible taxi. Sam expressed dissatisfaction with VR and his ongoing attempt to obtain different employment with use of VR services. He was working up to 20 hours a week, Friday to Sunday, at a local movie theater taking tickets from patrons. He expressed wanting to advance, and he would like to earn more money, but there are no such opportunities at the current job. After obtaining copies of file materials from VR and reviewing them, I communicated by phone or &ldquo;snail mail&rdquo; with Sam as he does not use email. We had several conversations about his options. In discussing Sam's case with his VR counselor, it became apparent that it would be appropriate to switch job search/coach services from his current provider to another. The VR counselor stated concerns about being able to reach Sam in a timely way because he rarely answered his phone, was slow to return calls, and did not use email. We discussed the VR counselor's communication concerns and the VR counselor agreed to increase use of snail mail and send summary letters regularly to Sam to keep him informed. Sam and the VR counselor agreed to be in contact at least every two weeks, and if Sam did not hear from the VR counselor, he was to call her by end of week, every other week. We really found out how difficult not using email could be in cases like this. Working with his VR counselor, we were also able to have Sam meet with a new provider who agreed to work with him. The new provider promptly began working with Sam by meeting with him, assisting with his resume and completing and submitting job applications, accompanying him to interviews (he had at least 2, both with motel front desk type of work). VR agreed to do an AT assessment for Sam. We also set up an appointment with a benefits planner to discuss benefits planning and an ABLE account. CAP also assisted Sam and the provider with submitting a &ldquo;complaint&rdquo; to client&rsquo;s current employer (the movie theater) re: mens&rsquo; bathroom accessibility. Sam learned of his rights (for example, the option to switch providers); he learned about benefits planning and ABLE accounts; he understood his responsibilities to maintain contact with his VR counselor and was satisfied with the relationship he now has with his VR counselor and is satisfied with the new provider. <p><p>This summary is about a 36-year old female. I'll call her Jane. She is American Indian and has TBI due to being struck in the face with a baseball at a game which shattered her cheekbone and eye socket area. She has migraine headaches, vision issues, memory issues, and anxiety. Jane is a single parent of an 11-year old girl. Jane has a bachelor&rsquo;s degre
Certification
Approved
Robyn Throlson
Acting Executive Director, ND VR
2019-12-30
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.