N.D. Admin. Code 75-08-01-22

Current through Supplement No. 394, October, 2024

Section 75-08-01-22 - Assessment for determining eligibility and vocational rehabilitation needs

1. An assessment for determining eligibility and vocational rehabilitation needs means, as appropriate in each case, a review of existing data to determine:

a. Whether an individual is eligible for vocational rehabilitation services;

b. The priority for an order of selection as described in section 75-08-01-23;

c. The necessity of appropriate assessment activities to obtain necessary additional data to make such determination and assignment;

d. Referral, for the provision of assistive technology services to the individual, to assess and develop the capacities of the individual to perform in a work environment; and

e. An exploration of the individual's abilities, capabilities, and capacity to perform in realistic, integrated work situations, which shall be assessed periodically during trial work experiences, including experiences in which the individual is provided appropriate supports and training.

2. To the extent additional data is necessary for the division to make a determination of employment outcomes and the nature and scope of vocational rehabilitation services to be included in the individualized plan for employment, a comprehensive assessment may be done by the division. The purpose is to determine the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the eligible individual, including the need for supported employment. A comprehensive assessment includes, to the maximum extent possible and appropriate and in accordance with confidentiality requirements, the following:

a. Information that is necessary to identify the rehabilitation needs of the individual and to develop the individualized plan for employment of the eligible individual;

b. Existing information obtained for the purposes of determining the eligibility of the individual and assigning priority for an order of selection described in section 75-08-01-23;

c. Any information as can be provided by the individual and, when appropriate, by the family of the individual;

d. As necessary, an assessment of the personality, interests, interpersonal skills, intelligence, and related functional capacities, educational achievements, work experiences, 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

e. As necessary, an appraisal of the individual's patterns of work behavior 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 utilization of work in real job situations to assess and develop the capacities of the individual to perform adequately in a work environment.

N.D. Admin Code 75-08-01-22

Effective October 1, 1995; amended effective November 1, 2002.

Amended by Administrative Rules Supplement 371, January 2019, effective 1/1/2019.

General Authority: NDCC 50-06-16, 50-06.1

Law Implemented: NDCC 50-06.1-04