Cal. Code Regs. Tit. 9, § 7004.6 - Clear and Convincing Evidence

(a) With respect to the determination of eligibility, "Clear and Convincing Evidence" means a high degree of certainty before it can be concluded that, due to the severity of the individual's disability, the individual is incapable of benefiting from vocational rehabilitation services in terms of an employment outcome in a competitive integrated employment setting.

(b) Clear and convincing evidence may include a description of assessments, including situational assessments and supported employment assessments, from service providers who have concluded that they would be unable to meet the individual's needs due to the severity of the individual's disability.

(c) The demonstration of clear and convincing evidence must include, if appropriate, a functional assessment of skill development activities, with any necessary supports (including assistive technology), in real life settings.

Notes

Cal. Code Regs. Tit. 9, § 7004.6

1. New section filed 6-6-94 as an emergency; operative 6-6-94 (Register 94, No. 23). A Certificate of Compliance must be transmitted to OAL by 10-4-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-6-94 order transmitted to OAL 8-30-94 and filed 10-13-94 (Register 94, No. 41).
3. Amendment of section and NOTE filed 3-4-2004; operative 4-3-2004 (Register 2004, No. 10).
4. Amendment of subsection (a) and NOTE filed 2-17-2023; operative 2-17-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 7).

Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: 29 USC 722; 34 CFR 361.42; and Sections 19011 and 19103(b), Welfare and Institutions Code.

1. New section filed 6-6-94 as an emergency; operative 6-6-94 (Register 94, No. 23). A Certificate of Compliance must be transmitted to OAL by 10-4-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-6-94 order transmitted to OAL 8-30-94 and filed 10-13-94 (Register 94, No. 41).
3. Amendment of section and Note filed 3-4-2004; operative 4-3-2004 (Register 2004, No. 10).
4. Amendment of subsection (a) and NOTE filed 2-17-2023; operative 2/17/2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 7).