Ariz. Admin. Code § 6-4-202

Current through Register Vol. 30, No. 50, December 13, 2024

Section R6-4-202 - Eligibility, Ineligibility, and Certification

A. Eligibility is based only on the presence of a physical or mental disability which for the individual constitutes or results in a substantial handicap to employment, and a reasonable expectation that vocational rehabilitation services may benefit the individual in terms of employability.

B. Eligibility requirements will be applied without regard to sex, race, age, creed, color or national origin. No group of individuals will be excluded or found ineligible solely on the basis of type of disability. No upper or lower age limit will be established which will, of itself, result in a finding of ineligibility for any individual who otherwise meets the basic eligibility requirements.

C. No residence requirement, durational or other, is imposed which excludes from services any individual who is in the state.

D. An individual who has been declared eligible for VR services in another state may or may not be eligible for services in this state, and the Arizona VR counselor must redetermine eligibility.

E. Any individual referred to VR who freely decides not to apply for services or who indicates expressly or by action that he is not interested in pursuing an application for VR services may be screened out without initiating a case file. A record of such action shall be kept in each local office for at least 12 months.

F. The application for VR services shall be a formal declaration by the handicapped individual that he is requesting the assistance of Vocational Rehabilitation agency and its involvement in his rehabilitation effort. Such an application implies that the applicant has a basic understanding of the eligibility requirements, knowledge of the kind of services the agency provides, a desire to undertake a rehabilitation program and understanding of both his and the agency's obligations and responsibilities.

G. Any individual who has reached the age of 18, or is married, or is in the armed forces, or is living away from home and is self-supporting or who has not had a guardian appointed for him is regarded as an adult and may sign his own application and any other VR documents requiring client signatures. Parent or guardian co-signatures are otherwise required.

H. In each instance, there shall be a certification, dated and signed by a VR counselor as to eligibility or ineligibility for services or for an extended evaluation. The certification that the individual has met the eligibility requirements shall be made prior to or simultaneously with acceptance of a handicapped individual for VR services. The certification for extended evaluation and the certification of ineligibility shall be issued pursuant to the requirements of 45 CFR 401.37(b) and (c) respectively.

I. An individual determined to be rehabilitated will have been, as a minimum:

a. Determined to be eligible;

b. Provided an evaluation of rehabilitation potential and counseling and guidance, as essential VR services;

c. Provided appropriate VR services in accordance with the individualized written program;

d. Determined to have achieved suitable employment which has been maintained for at least 60 days.

2. Post-employment services will be provided to those individuals determined to be rehabilitated who require such services to the extent necessary to maintain suitable employment.

Ariz. Admin. Code § R6-4-202

Adopted effective June 14, 1977 (Supp. 77-3).