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) Statutory/Other Authority: ORS 344.530 Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730 History: VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11 Reverted to 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 5-2004, f. & cert. ef. 8-5-04 VRD 2-1991, f. & cert. ef. 9-11-91 VRD 2-1978, f. 3-14-78, ef. 3-15-78