Sec. 7029.9 - Responsibilities of Individuals with Disabilities; Applicants; Eligible Individuals

ยง 7029.9. Responsibilities of Individuals with Disabilities; Applicants; Eligible Individuals

(a) Any individual with a disability who wishes to receive vocational rehabilitation services from the Department is responsible for completing the application process in accordance with the requirements of Section 7041 of these regulations.

(b) Any applicant or eligible individual, as appropriate, shall have the responsibility to:

(1) Participate and cooperate in obtaining and providing the information needed by the Department to:

(A) Determine eligibility and priority for services in accordance with Section 7062 of these regulations;

(B) Determine priority category for the purposes of an Order of Selection in accordance with Section 7062.3 of these regulations;

(C) Determine whether the individual's chosen employment outcome is consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, and interests;

(D) Determine the nature and scope of vocational rehabilitation services to be included in the Individualized Plan for Employment (IPE) in accordance with Section 7130.5 of these regulations; and

(E) Make any other determinations that are required by or consistent with federal or state statutes and regulations.

(2) Be an active and full partner in the vocational rehabilitation process and exercise informed choice throughout the vocational rehabilitation process, with assistance from the Rehabilitation Counselor as appropriate, by engaging in the following activities to the extent possible:

(A) Gathering and evaluating information and participating in planning and problem solving and decisions related to the assessment process, selection of the employment outcome and settings in which employment occurs, vocational rehabilitation services, service providers, settings in which services will be provided, and methods for procuring services;

(B) Seeking or identifying needed resources;

(C) Evaluating the consequences of the various options;

(D) Making decisions in ways that reflect the individual's strengths, resources, priorities, concerns, abilities, capabilities, and interests; and

(E) Taking personal responsibility for implementing the chosen options and achievement of the employment outcome the individual selected.

(3) Report any changes in circumstances that may affect:

(A) Eligibility for vocational rehabilitation services;

(B) Priority category under an Order of Selection;

(C) The services and/or the employment outcome specified in the Individualized Plan for Employment (IPE); and

(D) The Department's ability to contact the individual.

(4) Cooperate in the assessment process and in developing and meeting the objectives identified in the IPE including, but not limited to, active participation, reasonable effort, regular attendance at scheduled appointments and training, and regular communication with the Rehabilitation Counselor regarding progress toward achievement of the employment outcome. Failure to cooperate, make reasonable effort, lack of regular attendance, or failure to maintain regular communication may result in loss of further services and closure of the record of services.

(5) Participate in the cost of services under conditions specified in Chapter 5, Article 1 of these regulations.

(6) Apply for, secure and use comparable services and benefits to the extent to which the individual is eligible for such benefits in accordance with Chapter 5, Article 3 of these regulations.

(1. New sectionfiled 3-4-2004; operative 4-3-2004 (Register 2004, No. 10). 2. Amendment of subsection (b)(1)(B) filed 5-31-2016; operative 7-1-2016 (Register 2016, No. 23).)

Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: 29 USC Sections 701(c), 720, 721(a)(5) and (8) and 722; 34 CFR Sections 361.13, 361.36, 361.38, 361.41(b), 361.42, 361.45, 361.46, 361.48, 361.53 and 361.54; Section 1798.15, Civil Code; and Sections 19011, 19018, 19102 and 19150(b), Welfare and Institutions Code.

The following state regulations pages link to this page.