Or. Admin. Code § 582-060-0020

Current through Register Vol. 64, No. 1, January 1, 2025

Section 582-060-0020 - Termination of Services After Eligibility

(1) Termination of Services - 'Other Than Rehabilitated'.

(a) The office may close an individual's file when the individual fails to achieve an employment outcome for the following reasons:

(A) Death;

(B) Ineligibility;

(C) Extended services for Supported Employment not available despite exploration of all types of extended supports;

(D) Individual fails to cooperate with or fails to make suitable progress toward developing or completing necessary steps in the IPE within the agreed-upon timeframes;

(E) Individual is institutionalized or otherwise unavailable for services;

(F) Individual received VR services and was placed in non-integrated, non-competitive work setting;

(G) The office is unable to locate or contact the individual;

(H) Individual has refused necessary services or chooses not to participate in necessary OVRS programs;

(I) Individual is receiving services from another agency and no longer requires the office's services; or

(J) Other reason as documented by the office.

(b) The office may close the file of a presumed-eligible individual if:

(A) The file documents clear and convincing evidence that the individual is incapable of benefiting from services; or

(B) The individual meets the criteria for termination of services under 582-060-0020(1)(a).

(c) The office shall make a closure determination only after providing an opportunity for full consultation with the individual or, as appropriate, with the individual's representative. The individual's involvement is not required when:

(A) The individual refuses to participate;

(B) The individual is no longer present in the state;

(C) The individual's whereabouts are unknown; or

(D) The individual's medical condition is rapidly progressive or terminal.

(d) All notifications of closure shall include:

(A) Notice that the office is closing the case;

(B) The rationale for the closure; and

(C) Dispute resolution information regarding the mediation and impartial fair hearing appeal process, as well as referral to information about the Client Assistance Program (CAP).

(2) Termination of Services - Rehabilitated:

(a) Closure of an individual's file as 'Rehabilitated' requires documentation that:

(A) The individual has achieved the employment outcome identified in by the IPE, consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice;

(B) The individual has maintained the employment outcome for an appropriate period of time, not less than 90 days, sufficient to ensure stability in the position without further vocational rehabilitation services;

(C) The individual and counselor consider the employment outcome to be satisfactory and agree the that individual is performing consistent with goal identified in the IPE; and

(D) The office informs the individual in writing, supplemented through other appropriate modes of communication as necessary, of the availability of post-employment services.

(b) The office shall provide notice to an individual that OVRS is closing the file 'Rehabilitated'. The notification shall:

(A) Be in writing supplemented, as necessary, through appropriate modes of communication;

(B) Inform the individual that OVRS is closing the case as 'Rehabilitated';

(C) Provide the rationale for the decision; and

(D) Include dispute resolution information regarding the mediation and impartial fair hearing appeal process and the Client Assistance Program (CAP)

Or. Admin. Code § 582-060-0020

VRD 2-1978, f. 3-14-78, ef. 3-15-78; VRD 2-1991, f. & cert. ef. 9-11-91; VRS 5-2004, f. & cert. ef. 8-5-04; VRS 1-2011(Temp), f. 2-15-11, cert. ef. 3-1-11 thru 8-28-11; VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11

Stat. Auth.: ORS 344.530

Stats. Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730