9.2 Additional Considerations During Comprehensive Assessment

The DVR Counselor shall identify barriers to employment not related to the impairment and these shall be included on the IPE as appropriate, given the employment outcome. Examples may include criminal background, legal mandates, English literacy and language skills, financial need, lack of family support, transportation needs, and other barriers.

If an individual has a criminal history, the comprehensive assessment analysis shall include a discussion of the individual’s history of misdemeanor and/or felony charges and convictions as it relates to identified or potential job goals and to searching for a job. Individuals who present with such concerns face additional barriers to employment; as a result, their vocational options may be restricted. When assessing the potential risk and safety of the individual and community, DVR shall obtain existing records. A signed release of information (ROI) is preferable but may not be required in all records requests. Records requests may include Colorado Bureau of Investigation reports (CBI), psychosexual evaluations, pre-sentence investigation reports (PSIR), treatment records (progress notes, treatment plan), and terms of parole/probation. When possible, a signed release of information shall be obtained prior to requesting any background information.

During the comprehensive assessment, the DVR Counselor and individual shall explore suitable employment options with special considerations given to the risk factors that impact the individual, community, employer, and employment setting.

The need for disclosure is determined on an individual basis. For individuals involved in the legal system through law enforcement agencies and/or community-based corrections, the primary responsibility for disclosure rests upon the law enforcement agency and the individual. The DVR Counselor shall engage in counseling and guidance to educate individuals about their responsibility to self-disclose criminal background information to the DVR Counselor, employers, and other relevant individuals or entities. If a DVR employee identifies the existence of imminent risk or foreseeable harm and is considering disclosure, they shall seek consultation from a DVR Supervisor who may secure the opinions of other legal resources.

The existence of a sex offense or other offense with system-mandated requirements shall not preclude an individual from participation in rehabilitation activities. The goal in serving individuals with past sexual offending or predatory behavior whenever possible is to achieve an employment outcome that enables the individual to be successful and avoid repeating the behavior. 

Although a history of sexual offending or sexually predatory behavior may or may not be directly related to an individual’s disability, the behavior does represent a barrier to employment. If a DVR employee receives information that indicates a pattern or presence of behavior that is sexually inappropriate or predatory, the potential risk from that behavior shall be carefully assessed, prior to referring the individual to community-based services and/or developing an employment plan. Once a DVR employee becomes aware of a potential risk, it is their responsibility to take the necessary steps to address those risks through inclusion of appropriate support or intervention in the IPE, in consultation with the DVR Supervisor or other qualified personnel.

DVR shall not support an employment outcome that allows access to vulnerable populations or will exacerbate risk factors previously identified.

DVR is not responsible for system-mandated supervision requirements. While job coaching services may be necessary for a successful employment outcome, job coaching shall not be considered a replacement for supervisory requirements stipulated for the individual. The IPE shall document the entity responsible for required supervision.

The Federal Bonding Program is available to help individuals whose backgrounds can pose significant barriers to securing or retaining employment, including those involved with the criminal justice system, those recovering from substance use disorders, individuals who are economically disadvantaged and lack work history, and those dishonorably discharged from the military.

Referral for federal bonding may be identified as a rehabilitation need to be addressed in the IPE by an appropriately timed referral to a Colorado Workforce Center. Information on federal bonding is available at: https://cdle.colorado.gov/employers/incentives-tax-credits/federal-bonding.

The DVR Counselor shall consider whether an individual who is not a U.S. Citizen or national has documents required to work in the United States. An individual who is lacking necessary documentation, but is interested in pursuing employment shall be referred to appropriate resources in the community. Further information can be found at www.uscis.gov/. 

Common documents include:

● Permanent Resident card (“Green Card” or previously also known as Alien Registration Receipt Card) indicates permanent residency and allows non-U.S. citizens to live and work in the United States indefinitely. This card will have the individual’s photograph and may also be referred to as the USCIS Form I-551.

● Employment Authorization Document (EAD) allows a nonimmigrant to work temporarily in the United States. The EAD is usually granted for a 1 year period and the individual can file to renew an EAD within 120 days prior to the original EAD expiring. A variety of nonimmigrant statuses may allow an individual to qualify for an EAD. 

● In certain situations, Student Visas may provide authorization to work in the US for limited periods of time.

The I-9 Employment Eligibility Verification form which an employer must complete when hiring an individual is available at http://www.uscis.gov/files/form/i-9.pdf.