17.4 Other Reasons for Closure

In addition to closure due to a successful employment outcome or ineligibility, the DVR Counselor may close a service record for an individual for any of the following reasons:

1. All other reasons: Used only when the reason for closure is not covered by any of the available options.

2. Death.

3. Employment in Non-integrated Setting: Used when an individual who received services was placed in a non-integrated employment setting for a public or private non-profit agency or organization that provides compensation with the Fair Labor Standards Act. Do not use this reason for an individual who is working in an integrated setting earning subminimum wage (see “Subminimum Wage Employment”). Additional requirements apply when an individual chooses to work in a non-integrated setting. These requirements are described in section 17.4.1 and in Chapter 18 if the individual is also earning a subminimum wage.

4. Extended Services Funding Not Available (after IPE): Used when an individual has received VR services, but requires long term extended services for which no long term source of funding is available.

5. Extended Services Funding Not Available (before IPE): Used when an individual would have benefitted from the provision of supported employment services, but was determined ineligible because a long term source of extended services is not available and is not anticipated to be available. This reason is used at the time of initial eligibility determination only.

6. Foster Care: Used when the individual is in the foster care system and has moved from the area as part of such a program or system (youth only).

7. Health or Medical Issue: Used when the individual is receiving medical treatment that is expected to last longer than 90 days and precludes entry into unsubsidized employment or continued participation in the program.

8. Individual in institution other than a prison or jail: Used when an individual has entered an institution, other than a prison or jail, and will be unavailable to participate in a VR program for an indefinite or considerable period of time. This category of institution includes hospitals, nursing homes, treatment centers, etc.

9. Individual incarcerated in prison or jail: Used when an individual will be unavailable to participate in a VR program for longer than 60 days because they are incarcerated in a prison, jail, or other criminal correction facility.

10. Ineligible – after eligibility determination: Used when an individual was determined eligible, but is later determined to not have met eligibility criteria. Use this selection when an individual makes an informed decision to pursue employment that does not meet the definition of competitive integrated employment.

11. Ineligible – disability too significant to benefit: Used when an individual whose mental and/or physical disability and resulting functional limitations are so significant that the individual cannot benefit from VR services. Also use this code for eligible individuals who later acquire additional disabilities and/or functional limitations that are so significant that the individual cannot continue to benefit from VR services.

12. Ineligible – does not require VR services: Used when an individual does not require VR services to prepare for, enter into, engage in, or retain gainful employment consistent with their strengths, resources, priorities, concerns, abilities, capabilities, and informed choice.

13. Ineligible – no impediment to employment: Used when an individual is not eligible for VR services because their physical or mental impairment does not constitute a substantial impediment to employment.

14. Lack of sufficient progress toward employment: Used when an individual is not making progress toward achieving employment or is failing to reasonably meet the objectives and requirements of their Individualized Plan for Employment. The counselor shall work with the individual to explore and resolve all barriers to progress and shall close the case upon determination that forward progress toward employment is not possible or not likely to resume.

15. No longer interested in receiving services or further services: Used when an individual actively chooses not to participate or continue in their VR program at this time. Also use this code when an individual’s actions make it impossible to begin or continue a VR program, such as repeated failures to keep appointments or the individual declines to participate in appropriate and necessary assessments to determine eligibility and priority for services.

16. Reservist called to active duty: Used when an individual is a member of the National Guard or other reserve military unit of the armed forces and is called to active duty for at least 90 days.

17. Safety or policy non-compliance: Used when an individual threatens or harms DVR staff or has repeatedly or severely violated a DVR safety or service delivery policy. Also use this code when there is substantiated fraud on the part of the individual receiving services. Closures for this reason are only to occur after consultation with a supervisor.

18. Subminimum Wage Employment: Used when an eligible individual chooses to work in an integrated setting earning less than the minimum wage. Additional requirements apply when an individual chooses subminimum wage employment. These requirements are described in section 17.4.1 and Chapter 18.

19. Transferred/Referred to Another Agency: Used when an individual needs services that are more appropriately obtained elsewhere. Transfer to the other agency indicates that appropriate referral information is forwarded to the other agency so the agency may provide services more effectively. Include individuals transferred to other state’s VR agencies.

20. Unable to locate or contact: Used when DVR staff have made maximum efforts to contact and reengage the individual without success. Before closing a case, staff members are expected to make no less than three attempts to contact the individual within 90 days (or 60 days for an individual in application status) utilizing all available methods, including outreach to the last known phone number, email, and physical address. Additional attempts to contact the individual may be extended beyond 90 days when deemed appropriate by the DVR Counselor and given the individual circumstances.

At the time of case closure, for any applicants or eligible individuals in employment that does not meet the criteria of competitive integrated employment, DVR shall conduct a review and reevaluation with the individual semi-annually for the first two years and annually thereafter for the duration of the individual’s employment. The review and reevaluation shall be completed when either of the following criteria apply:

● The individual has achieved employment in which they are compensated in accordance with section 14(c) of the Fair Labor Standards Act.

● The individual is working in extended employment, which means working in a non-integrated or sheltered setting for a public or private non-profit agency or organization that provides compensation in accordance with the Fair Labor Standards Act.

The review and reevaluation is used to determine the individual’s interests, priorities, and needs with respect to competitive integrated employment and/or training for competitive integrated employment. The reevaluation shall reflect maximum efforts to assist the individual in moving into competitive integrated employment, including identifying and providing vocational rehabilitation services, reasonable accommodations, and other necessary support services. Input from the individual and their authorized representative, when appropriate, shall be incorporated into the review. A written acknowledgment of the review and its outcome shall be signed and dated by the individual using the agency approved form. In the event DVR is unable to obtain signed acknowledgment of the review and reevaluation, DVR’s efforts shall be clearly documented in the individual’s service record.

The semi-annual and annual review required for individuals whose employment does not meet the criteria for competitive integrated employment differs from the reviews associated with Section 511 of the Rehabilitation Act of 1973, as amended - Limitations on the Use of Subminimum Wage (see Chapter 18). For applicants and eligible individuals compensated at subminimum wage, both requirements will apply. DVR may seek to align the timelines for the reviews to the greatest extent possible; however the review must then satisfy the requirements of both the semi-annual/annual review and the reevaluation as well as the Section 511 review.

Closure from an Order of Selection waitlist is appropriate if the individual expresses that they are no longer interested in or available to receive services. This may occur if they have moved or cannot be contacted or located, or if information has been obtained that supports a determination that the individual is no longer eligible for vocational rehabilitation services. The individual shall be afforded an opportunity to participate in the closure decision, unless they refuse it or cannot be located. The individual shall be informed of the closure action in writing and through appropriate modes of communication, including the reason for closure and the right to an informal review, mediation, and formal appeal of the closure decision. Notification will also include how to initiate an informal review, mediation, and formal appeal. Referrals shall be made to other training or employment-related programs in the statewide workforce development system that can be of assistance to the individual in preparing for, securing, retaining, advancing in, or regaining employment.