18.1 Youth Seeking Subminimum Wage Employment

Prior to obtaining employment compensated at subminimum wage, youth aged 24 or younger must participate in certain vocational rehabilitation services and provide verification of having completed these services to their prospective employer. Upon learning a youth is seeking subminimum wage employment, DVR will ensure the youth is able to complete and provide documentation of required services. DVR may learn of a youth seeking subminimum wage employment from any number of sources, including the prospective employer and through the coordination of transition services with the Administrative Unit or Community-Centered Board.

For each youth pursuing subminimum wage employment, DVR will accept the youth’s application and ensure the youth has completed transition services, including pre-employment transition services in the case of a student with a disability. The DVR Counselor will engage in the vocational rehabilitation process with each applicant consistent with requirements identified throughout the DVR Service Delivery Policy Manual. Prior to seeking subminimum wage employment, a youth will either be determined ineligible for VR services due to the severity of their disability or be determined eligible and be unsuccessful in obtaining a competitive integrated employment outcome, including supported employment or customized employment, after the provision of services under an IPE for a reasonable period of time. The determination of a reasonable period of time will vary for each youth based on the individual’s disability and vocational needs, including supported employment and the anticipated length of time to achieve the employment outcome identified on the IPE.

At the time of closure for either of these reasons, DVR will provide career counseling along with information and referral services to other programs that offer employment-related services and supports designed to enable the youth to explore, discover, experience, and attain competitive integrated employment, and facilitate informed choice and decision-making by the youth or their authorized representative as appropriate. If this has not yet occurred at the time of closure, it will be provided within 30 days of case closure. These services shall not be provided by an entity holding a special wage certificate to employ individuals at subminimum wage.

If a youth refuses to participate in any of the required activities, DVR will ensure the youth understands they will not be able to pursue subminimum wage employment.

For youth served under the provisions of section 18.1 and newly hired into subminimum wage employment, DVR must review and provide career counseling, information, and referral services once every six months for the first year of the individual’s subminimum wage employment and annually thereafter for the duration of the employment in which the individual is earning a subminimum wage.

All case management activities and services provided to youth seeking subminimum wage employment will be documented and maintained in the youth’s service record with DVR. In addition, DVR will provide documentation of all required activities utilizing the agency-approved form, including the required coversheet itemizing each document provided to the youth within 45 days of the DVR case closure and/or at the completion of each required review. If additional time is needed due to extenuating circumstances beyond DVR’s control, the documentation shall be provided within 90 days.

If a youth refuses to participate in any of the required activities, DVR will document this on the agency-approved form and provide it to the youth within 10 days of refusal.

Documentation will be completed and provided to the youth by DVR not only for the initial provision of required services, but for each subsequent review. DVR will maintain copies of all required documentation provided to each youth.