17.0 Order of Selection

Table of Contents

1.0- Policy Summary
2.0 - Procedures
3.0 - Exceptions

State of Alaska

Department of Labor and Workforce Development

Division: Vocational Rehabilitation

Policy: CS 17.0

Subject: Order of Selection

Reference:

34 CFR § 361.36,

Effective Date: 10/1/2005

Revised Date: 6/30/2009, 9/16/2009

Approved: ____________________________________ 9/16/2009 ____________

Cheryl A. Walsh, Director Date

1.0- Policy Summary

When the Alaska Division of Vocational Rehabilitation's (ADVR) projected fiscal and staff resources are inadequate to provide the full range of VR services, as appropriate, to all eligible individuals, the Director of the Division of Vocational Rehabilitation will implement an Order of Selection (OOS).

By law, the OOS must insure that individuals with the most significant disabilities are given priority for services. The criteria used for determining the ranking of an individual for VR services when in an OOS is the significance of the disability of the individual as defined in ADVR Policy and Procedures CS 8.0 - Significance of Disability Determination and the application date of the individual for VR services.

Factors that will not be considered in determining an OOS priority category are:

Type of Disability
Duration of residency, provided the individual is present in the state;
Age, gender, race, color or national origin;
Source of referral;
Type of expected employment outcome;
The need for specific services or anticipated cost of such services; or
The income level of the individual or individual's family.

2.0 - Procedures

2.1 - Determination of Significance of Disability

When a VR counselor determines an individual eligible, the counselor also establishes the level of significance of disability based upon the criteria established in ADVR Policy and Procedures CS 8.0 - Significance of Disability Determination . The level of significance of the individual's disability is identified with one of the following three priority categories:

Individuals with the most significant disabilities
Individuals with significant disabilities
Individuals with disabilities

2.2 - Statewide OOS Waitlist

When a VR counselor completes the eligibility process and the determination of the significance of the disability determination, the individual is added to the statewide OOS waitlist in the appropriate category by date of application. The date of application is either the date the application is signed in the presence of the VR counselor or the date the application is "date stamped" in the office. The case is transferred from the VR counselor's caseload to the office's OOS waitlist.

The Chief of Rehabilitation Services, in consultation with the Administrative Manger and the Field Service Management Counsel (FSMC), determines when resources are available to initiate Individualized Plans for Employment (IPE's) for individuals on the statewide OOS waiting list. When resources are available, the Chief of Rehabilitation Services notifies the VR Managers of the number of individuals to take from the waiting list by priority category, application date(s) and office locations. VR Managers then coordinate with the VR counselors to transfer the corresponding cases from each office's OOS waitlist to a VR counselor's caseload.

An individual on the statewide OOS waiting list may request that their case be transferred from one office to another. The request for transfer is submitted to the VR Manager to coordinate.

2.3 - OOS Office Waitlist

A separate OOS waitlist is established for each office to track those eligible individuals on the statewide OOS wait list who would typically receive services from that office. The VR Manager for the office is designated to manage the office waitlist and to transfer cases from the OOS waitlist to a VR counselor when notified that resources are available to initiate services for individuals on the OOS waiting list.

2.4 - Transferring a New Case to the OOS Waiting List

The VR Manager is responsible within his/her region for ensuring appropriate priority categories are being served, for maintaining the office OOS waitlist and for verifying Information and Referral (I&R) is occurring. Cases will be transferred from a VR counselor's caseload to the office OOS waitlist within 10 working days of the eligibility date. Cases needing to be transferred to the office OOS waitlist will be listed on a report generated every Monday by the VR Manager or designee.

The VR Manger will verify a referral has been entered in the Information and Referral portion of the case management system or the case service record contains a case note explaining efforts to locate information and referral sources and the reason(s) a referral was not provided. Upon verification, the VR Manager will transfer the case from the VR counselor's caseload to the office OOS waitlist.

2.5 - Transferring a Case from the OOS Waiting List to a VR Counselor

Upon notification to initiate services for cases on the OOS waiting list for the specified priority category and application dates, the VR Manager must transfer cases from the OOS office waitlist list to a VR counselor within 5 workdays. The counselor is notified of the case transfer and is authorized to initiate services.

If a case is closed from the office OOS waitlist, the case is automatically removed from the statewide OOS list.

2.6 - Initiating Services for Individuals Referred from the OOS Waiting List

The FSMC will determine when it is appropriated to implement procedures to reestablish or maintain contact with individuals while they are on the OOS waitlist. Factors to consider are the length of time an individual has been on the list and the anticipated time before the individual's category will open.

Upon receipt of a case transferred from the OOS waiting list, the VR counselor takes steps to contact the individual within three working days. Telephone contact is acceptable; however, if efforts to contact the individual by telephone are not successful within 2 days, a letter must be sent by the third day, scheduling the individual for an appointment. The appointment is scheduled no later than 10 days from the date the letter is sent.

Counselors need to consider the communication needs of the individual, including the need for information in alternate formats when initiating contact by telephone or letter.

If a individual missed a scheduled appointment or does not respond to an initial letter by the specified date, a certified letter is sent within 3 working days explaining that if the individual does not contact Alaska DVR within 10 days to initiate services, the case service record will be closed. The letter will include information explaining the current status of the waiting list and instructions on how to reapply at a later time.

Reasonable and timely efforts will also be made to verify or find updated telephone numbers and addresses, to contact the referral source, and/or to contact person(s) identified on the application or otherwise in the case service record.

If the date identified in the closure notification letter passes and there is no response from the individual and efforts to locate the individual through other sources have not resulted in contact, the case is closed.

Steps to contact each individual are documented in the case management system narrative and filed in the case service record.

2.7 - Exceptions for Reopening Closed Cases

A VR Manager may reopen a case when an individual contacts ADVR after a case is closed. If the individual's lack of response which resulted in the case being closed was a result of exceptional circumstances, the VR Manager may grant an exception to policy to reopen the case. If an exception to policy is granted, contact the AWARE help desk to reopen the case in the case management system.

2. 8 - Individuals not ready to Proceed with IPE Development upon Referral from the OOS Waiting list

If a VR counselor contacts a individual to initiate services and he/she is not ready to begin working with ADVR, the VR counselor needs to help the individual make an informed decision about how to proceed. ADVR cannot "hold" a spot on the waiting list nor can an individual be put back at the top of the list. The VR counselor needs to discuss the reasons the individual is not ready to proceed and whether a reasonable time frame can be agreed upon to resolve the issues. The VR counselor and individual make plans to proceed with vocational planning and IPE development within a reasonable time period or to close the case. In some cases, closing the case and submitting a new application at later date may be the most appropriate.

2.9 - Information and Referral (I&R)

When operating under OOS, ADVR is required to offer a formal, discreet Information and Referral (I&R) service to individuals who cannot be served and must wait for services because of the OOS.

ADVR must document and retain information about referrals to other federal and state programs that provide employment-related services. The I&R screen of the case management system is used to record the required information.

2.10 - Information and Referral Requirements

Federal regulations establish minimum requirements under I&R as follows. ADVR must:

Provide individuals with accurate vocational rehabilitation information and guidance (which may include counseling and referral for job placement) to prepare for, get, or keep a job.
Refer individuals with disabilities to other federal or state programs that are best suited to address their specific employment needs, including partners in the workforce investment system.
- Initiate a notice of referral identifying: The name of the program to which the individual is referred;
- A contact person in that program; and
- Information about the most suitable services to assist the individual prepare for, get or keep a job.

2.11 - Counseling and Guidance

To provide individuals with accurate VR information and guidance, which may include counseling and referral for job placement, a VR counseling staff member talks to the individual about his/her need to prepare for, get or keep a job. The VR counseling staff member provides advice and guidance about how the individual might proceed, explains referral sources available, and offers to initiate a referral to another program, if appropriate. These interactions occur in the course of other activities, such as completing the application, intake and eligibility determination.

For individuals who choose not to apply for ADVR services because of the OOS, a general guideline is to limit I & R services to one appointment. The VR counselor will NOT establish an on-going counseling relationship nor perform follow-up services regarding I&R.

2.12 - Counseling and Guidance - Referrals

Each office will maintain a list of federal and state programs with which ADVR has established a formal referral relationship. It is expected that the Alaska One-Stop Centers will be used extensively, but not exclusively, for the referral of individuals who either choose not to apply or are on a waiting list to receive ADVR services. Other programs to be used in this capacity, as appropriate, include Tribal VR programs and other community programs. Because of limited resources in some areas and the unique needs of some individuals with disabilities, there will not be an appropriate program available to every person.

2.13 - Counseling and Guidance - Job Placement

VR counseling staff may provide brief counseling for job placement. If the individual intends to engage in independent, self-directed job search or related activities, the VR counseling staff member may provide brief counseling to assist the individual in this effort. Examples of counseling and referral for job placement may include, but are not limited to:

A counseling session with the individual to discuss what efforts to find a job the individual has already tried and offering other job search strategies and suggestions.
Reviewing and giving advice on an individual's resume.
Discussing reasonable accommodation issues and strategies for approaching an employer.
Discussing and providing the individual with access to the Internet or another resource.
Sharing information about the local labor market.

2.14 - Documenting a Formal Referral

All referrals to employment-related programs must be documented, including referrals for individuals who have applied and are waiting for services and referrals for individuals who choose not to apply for services because of the OOS. Each VR Manager, or designee, will identify and maintain the list of regional referral sources that require a formal referral. Each time an individual is referred to one of the listed organizations, the VR counseling staff member documents the referral in the I&R portion of the case management system. Every case will have an entry in the I&R screen prior to transferring the case to the OOS waiting list, or the case service record will document efforts to locate referral sources and the reason(s) a referral was not provided.

If an individual requests a referral, the VR counseling staff member prepares and sends a written referral to the organization. In addition, the VR counseling staff member provides the individual being referred with the following:

A copy of the written referral notifying the other federal or state program about the referral.
The name of the person in that organization to be contacted by the individual being referred.
Information about the most suitable services to prepare for, secure, retain, or regain employment.

2.15 - Informal Referrals

VR counselors routinely provide information to applicants and eligible individuals about a wide array of community assistance programs that may offer services or benefits to assist the individual meet a variety of needs (food or clothing banks, medical programs, counseling services, etc.). These types of referrals are considered informal referrals. ADVR staff are encouraged to continue providing individuals with information about other programs that offer services to assist them in meeting a variety of needs. Informal referrals are not documented in the I&R screen.

2.16 - Post Employment Services

OOS does not impact or alter the provision of post-employment services. Post employment services are considered an amendment of the IPE, and therefore, an individual who needs post employment services is not required to meet the highest priority category currently being served under an OOS nor is the individuals required to wait for services.

If the VR counselor determines that substantial services are needed a new application is completed subject to OOS.

3.0 - Exceptions

Any exception to policy must be approved by the Chief of Rehabilitation Services or his/her designee.