Cal. Code Regs. Tit. 9, § 7029.1 - Trial Work Experiences for Individuals with Significant Disabilities

(a) Prior to any determination that an individual with a disability is unable to benefit from vocational rehabilitation services in terms of an employment outcome because of the severity of that individual's disability or that the individual is is ineligible for vocational rehabilitation services, the Department must conduct an exploration of the individual's abilities, capabilities, and capacity to perform in realistic work situations.

(b) The Department must develop a written plan to assess periodically the individual's abilities, capabilities, and capacity to perform in competitive integrated employment work settings to the maximum extent possible through the use of trial work experiences, consistent with the informed choice and rehabilitation needs of the individual;

(1) Trial work experiences include supported employment, on-the-job training, and other experiences using realistic integrated work settings.

(2) Trial work experiences must be of sufficient variety and over a sufficient period of time for the Department to determine that:

(A) There is sufficient evidence to conclude that the individual can benefit from the provision of vocational rehabilitation services in terms of an employment outcome in a competitive integrated employment setting; or

(B) There is clear and convincing evidence, as defined in Section 7004.6 of these regulations, that the individual is incapable of benefiting from vocational rehabilitation services in terms of an employment outcome in a competitive integrated employment setting due to the severity of the individual's disability.

(3) The Department must include appropriate supports including but not limited to assistive technology devices and services and personal assistance services to accommodate the rehabilitation needs of the individual during trial work experiences.

Notes

Cal. Code Regs. Tit. 9, § 7029.1

1. New section filed 3-4-2004; operative 4-3-2004 (Register 2004, No. 10).
2. Amendment of section heading, section 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 Sections 705, 722 and 723; 34 CFR Sections 361.42, 361.47 and 361.48; and Sections 19011 and 19150, Welfare and Institutions Code.

1. New sectionfiled 3-4-2004; operative 4-3-2004 (Register 2004, No. 10).
2. Amendment of section heading, section and NOTE filed 2-17-2023; operative 2/17/2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 7).