Section 75-08-01-24 - Individualized plan for employmentAn individualized plan for employment is developed for all individuals who are determined eligible for vocational rehabilitation.
1. Prior to developing the individualized plan for employment, the division must give the individual a written copy of the options for developing the plan.2. The individualized plan for employment may be developed by the individual alone or by the individual with assistance from the division or other parties.3. The individualized plan must be agreed to and signed by the individual or the individual's authorized representative and approved and signed by a qualified rehabilitation professional employed by the division.4. The individualized plan for employment for eligible individuals must be developed and approved within ninety days from the date of determination of their eligibility for service.5. The individualized plan for employment is designed to assist the individual's achievement of the vocational goal, consistent with the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the individual. The record of service must support the selection of the vocational goal.6. Counselors shall provide a copy of the individualized plan for employment, and any amendments, to the individual.7. With the exception of assessment services, the division may provide goods and services only in accord with the individualized plan for employment.8. The individualized plan for employment is not a legal contract.9. The division must review the individualized plan for employment at least annually in the same manner as it was originally developed and described in subsection 3.10. The division must include in the individualized plan for employment: a. A specific employment outcome in an integrated setting, which must be consistent with the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the individual; andb. The specific services to be provided and the projected dates for initiation and anticipated duration of each service, including: (1) If appropriate, a statement of the specific assistive technology services;(2) If appropriate, a statement of the specific on-the-job and related personal assistance services, and, the individual's appropriate and desired training in managing, supervising, and directing personal assistance services;(3) An assessment of the need for postemployment services and, if appropriate, extended services;(4) The terms and conditions under which goods and services are to be provided in the most integrated settings;(5) The terms and conditions for the provision of services, including the individual's: (a) Responsibilities and the division's responsibilities;(b) Participation in the cost of services; and(c) Access to comparable services and benefits under any other program;(6) An assurance that the individual with disabilities was informed of: (a) The availability of services through the client assistance program;(b) The individual's rights, means of expression, and remedies for any dissatisfaction, including the individual's right to request mediation; and(c) The opportunity for review of a determination by the division regarding terms of the individualized plan for employment, as set forth in section 75-08-01-37;(7) Information identifying services and benefits from other programs to enhance the capacity of the individual to achieve the individual's vocational goal;(8) A reassessment of the need for postemployment services, or extended services prior to the point of successful closure; and(9) If appropriate, any plans for the provision of postemployment services and the basis on which the plans are developed.11. For an individual with a most significant disability for whom supported employment services are appropriate, in addition to the requirements in subsection 10, the following must be addressed: a. A description of time-limited services that the division provides, not to exceed twenty-four months in duration, unless the individualized plan for employment documents a longer period to achieve job stabilization; andb. A description of the extended services necessary and identification of the state, federal, or private programs, which may include natural supports, that provide the extended support, or, to the extent that is not possible at the time the individualized plan for employment is written, a statement describing the basis for concluding that there is a reasonable expectation that those sources will become available.N.D. Admin Code 75-08-01-24
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 50-06.1-02