§ 7181.1. Mandatory Reviews After the Record of Services Has Been Closed.

The purpose of this section is to specify circumstances under which the Department must conduct reviews after a record of services has been closed.

(a) If the Department determines that an applicant is ineligible for vocational rehabilitation services, or determines that an eligible individual, whether or not the individual is receiving services under an Individualized Plan for Employment (IPE), is no longer eligible for services, and the determination is based on a finding that the individual is incapable of achieving an employment outcome, the Department shall review the ineligibility determination within 12 months of the decision and annually thereafter, if such review is requested by the individual or, if appropriate, by the individual's representative. This review need not be conducted in situations in which the individual has refused it, the individual is no longer present in the State, the individual's whereabouts are unknown, or the individual's medical condition is rapidly progressive or terminal.

(b) An annual review and re-evaluation meeting the requirements of (c) of this section shall be conducted for any individual served under the vocational rehabilitation program-

(1) Who has achieved an employment outcome in an integrated setting in which the individual is compensated at less than minimum wage in accordance with Section 14(c) of the Fair Labor Standards Act (FLSA) (29 USC 214(c)); or

(2) Whose record of services is closed while the individual is in extended employment on the basis that the individual is unable to achieve an employment outcome in an integrated setting consistent with Section 7011 of these regulations; or

(3) Whose record of services is closed because the individual made an informed choice to remain in extended employment.

(c) For each individual with a disability described in (b) of this section, the Department must -

(1) Annually review and re-evaluate the individual's status for two years after the individual's record of services is closed (and thereafter if requested by the individual or, if appropriate, the individual's representative) to determine the interests, priorities, and needs of the individual with respect to competitive employment or training for competitive employment as defined in Section 7006.3 of these regulations;

(2) Enable the individual or, if appropriate, the individual's representative to provide input into the review and re-evaluation and document that input in the record of services as required by (d) of this section, with the individual's or, as appropriate, the individual's representative's signed acknowledgement that the review and re-evaluation have been conducted; and

(3) Make maximum efforts, including identifying and providing vocational rehabilitation services, to assist the individual in engaging in competitive employment as defined in Section 7006.3 of these regulations.

(d) Documentation of the results of mandatory reviews required by this section must be maintained in the individual's record of services pursuant to Section 7122(j) and (o) of these regulations.

HISTORY

1. New section filed 3-4-2004; operative 4-3-2004 (Register 2004, No. 10).

2. Amendment of subsection (a) filed 10-4-2011; operative 11-3-2011 (Register 2011, No. 40).

Note

Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: 29 USC 722(a)(5); 34 CFR Sections 361.5(b)(11), 361.43, 361.47 and 361.55; and Section 19011, Welfare and Institutions Code.