Cal. Code Regs. tit. 9 § 7001.5

Current through Register 2024 Notice Reg. No. 24, June 14, 2024
Section 7001.5 - Assessment to Determine Eligibility and Vocational Rehabilitation Needs

"Assessment to Determine Eligibility and Vocational Rehabilitation Needs" means, as appropriate in each case:

(a) A review of existing data--
(1) To determine if an individual is eligible for vocational rehabilitation services; and
(2) To assign priority for an Order of Selection implemented pursuant to Section 7053 of these regulations.
(b) To the extent necessary, the provision of appropriate assessment activities to obtain necessary additional data to make the eligibility determination and assignment.
(c) To the extent additional data are necessary to make a determination of the employment outcome and the nature and scope of vocational rehabilitation services to be included in the Individualized Plan for Employment (IPE) of an eligible individual, a comprehensive assessment to determine the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, including the need for supported employment, of the eligible individual. This comprehensive assessment--
(1) Is limited to information that is necessary to identify the rehabilitation needs of the individual and to develop the IPE of the eligible individual;
(2) Uses as a primary source of information, to the maximum extent possible and appropriate and in accordance with confidentiality requirements--
(A) Existing information obtained for the purposes of determining the eligibility of the individual and assigning priority for an Order of Selection implemented pursuant to Section 7053 of these regulations; and
(B) Information that can be provided by the individual and, if appropriate, by the family of the individual;
(3) May include, to the degree needed to make such a determination, an assessment of the personality, interests, interpersonal skills, intelligence and related functional capacities, educational achievements, work experience, vocational aptitudes, personal and social adjustments, and employment opportunities of the individual and the medical, psychiatric, psychological, and other pertinent vocational, educational, cultural, social, recreational, and environmental factors that affect the employment and rehabilitation needs of the individual; and
(4) May include, to the degree needed, an appraisal of the patterns of work behavior of the individual and services needed for the individual to acquire occupational skills and to develop work attitudes, work habits, work tolerance, and social and behavior patterns necessary for successful job performance, including the use of work in real job situations to assess and develop the capacities of the individual to perform adequately in a work environment.
(5) To the maximum extent possible, relies on information obtained from experiences in integrated employment settings in the community and in other integrated community settings.
(d) Referral, for the provision of rehabilitation technology services to the individual, to assess and develop the capacities of the individual to perform in a work environment.
(e) An exploration of the individual's abilities, capabilities, and capacity to perform in work situations, which must be assessed periodically during trial work experiences, including experiences in which the individual is provided appropriate supports and training.

Cal. Code Regs. Tit. 9, § 7001.5

1. New section filed 3-4-2004; operative 4-3-2004 (Register 2004, No. 10).
2. New subsection (c)(5) and amendment of 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 705; 34 CFR Sections 361.5, 361.42 and 361.45; and Section 19011, Welfare and Institutions Code.

1. New section filed 3-4-2004; operative 4-3-2004 (Register 2004, No. 10).
2. New subsection (c)(5) and amendment of NOTE filed 2-17-2023; operative 2/17/2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 7).