reglab/statecodes huggingface dataset:
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 2 - Referral and Application Processes; Order of Selection; Eligibility; Record of Services; Individualized Plan for Employment (IPE) › Article 5 - The Individualized Plan for Employment (IPE) › Section 7134 - Client Copy. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 3-5-91; operative 4-4-91 (Register 91, No. 15).
2. Repealer filed
					 3-4-2004; operative 4-3-2004 (Register 2004, No. 10).
Note: Authority cited: Sections
						19006
						and
						19016,
						Welfare and Institutions Code. Reference: Section
						19150,
						Welfare and Institutions Code; 34
						CFR section 361.40 and sections
						7292 and
						7295.2, Government Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 2 - Referral and Application Processes; Order of Selection; Eligibility; Record of Services; Individualized Plan for Employment (IPE) › Article 5 - The Individualized Plan for Employment (IPE) › Section 7135 - Supported Employment Plans. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
					 filed 3-16-93; operative 4-15-93 (Register 93, No. 12).
2. Repealer filed
					 3-4-2004; operative 4-3-2004 (Register 2004, No. 10).
Note: Authority cited: Sections
						19006
						and
						19016,
						Welfare and Institutions Code. Reference: Section
						19150,
						Welfare and Institutions Code; 34
						CFR 363.11.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 2 - Referral and Application Processes; Order of Selection; Eligibility; Record of Services; Individualized Plan for Employment (IPE) › Article 5 - The Individualized Plan for Employment (IPE) › Section 7136 - Homemaker Plans. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
					 filed 3-5-91; operative 4-4-91 (Register 91, No. 15).
2. Repealer 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: Section
						19150,
						Welfare and Institutions Code; and
						34 CFR Section
						361.40.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 2 - Referral and Application Processes; Order of Selection; Eligibility; Record of Services; Individualized Plan for Employment (IPE) › Article 5 - The Individualized Plan for Employment (IPE) › Section 7136.4 - Self-Employment; Informed Choice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
To assure informed choice, prior to development of an
					 Individualized Plan for Employment (IPE) for an eligible individual who is
					 interested in entering, advancing in, or retaining work in a self-employment
					 setting, the Rehabilitation Counselor (RC) shall discuss with the individual:
(a) The criteria and process for assessing whether
				  the proposed self-employment setting is appropriate, as specified in Sections
				  7136.6,
				  7136.7, and
				  7136.8 of these regulations;
(b) The scope of vocational rehabilitation
				  services that may be provided by the Department to assist an eligible individual to
				  achieve employment in a self-employment setting, as specified in Section
				  7137 of these regulations; and
(c) The eligible individual's responsibility to
				  identify and obtain resources that may be necessary to establish and operate the
				  proposed small business, as specified in Sections
				  7136.6 and
				  7136.9 of these regulations.
1. New section
					 filed 2-28-2008; operative 3-29-2008 (Register 2008, No. 9).
2. Amendment
					 of first paragraph and 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 Sections
						705,
						720,
						721,
						722 and
						723;
						34 CFR Sections
						361.5,
						361.45,
						361.48,
						361.50 and
						361.52; and Section
						19011, Welfare and Institutions
						Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 2 - Referral and Application Processes; Order of Selection; Eligibility; Record of Services; Individualized Plan for Employment (IPE) › Article 5 - The Individualized Plan for Employment (IPE) › Section 7136.5 - Self-Employment; Development and Contents of the Individualized Plan for Employment (IPE)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  Individualized Plan for Employment (IPE) for an eligible individual who is
				  interested in working in a self-employment setting shall be developed and
				  implemented as soon as an appropriate employment outcome and the services necessary
				  to assist the individual to achieve it are identified, in accordance with the
				  requirements specified in Sections
				  7128-7131 of these regulations and with
				  the requirements in this section.
(b)
				  The employment outcome in an IPE for an eligible individual interested in working in
				  a self-employment setting shall include:
(1) The
				  occupation in which the individual seeks to be employed (e.g., cosmetologist,
				  accountant, etc.); and
(2) A description
				  of the proposed self-employment setting.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 2 - Referral and Application Processes; Order of Selection; Eligibility; Record of Services; Individualized Plan for Employment (IPE) › Article 5 - The Individualized Plan for Employment (IPE) › Section 7136.6 - Self-Employment; Assessing the Self-Employment Setting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department shall support an eligible individual's choice to work in a
				  self-employment setting only when it determines that the proposed self-employment
				  setting is appropriate.
(b) A proposed
				  self-employment setting is appropriate when:
(1)
				  Working in the proposed self-employment setting is consistent with the individual's
				  personal attributes, including the individual's strengths, resources, priorities,
				  concerns, abilities, capabilities, interests, and informed choice;
(2) The proposed small business in which the
				  individual will be self-employed is reasonably likely to produce sufficient income,
				  within a reasonable period after the individual begins operating the business, not
				  to exceed 12 months, to:
(A) Pay the necessary
				  ongoing operating expenses of the small business, as specified in Section
				  7136.8 of these regulations;
				  and
(B) Yields an income that is
				  comparable to the income received by other individuals who are not individuals with
				  disabilities and who are self-employed in similar occupations or on similar tasks
				  and who have similar training, experience, and skills; and
(3) The individual is able to obtain all resources
				  necessary to establish and operate the proposed small business, including any
				  resources necessary to fund the ongoing operating expenses of the business and to
				  support the individual's basic living expenses during the period until the small
				  business produces the income specified in subsection (b)(2) of this
				  section.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 2 - Referral and Application Processes; Order of Selection; Eligibility; Record of Services; Individualized Plan for Employment (IPE) › Article 5 - The Individualized Plan for Employment (IPE) › Section 7136.7 - Self-Employment; Assessment of Personal Attributes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To assess
				  whether working in the proposed self-employment setting is consistent with the
				  eligible individual's personal attributes, including the individual's strengths,
				  resources, priorities, concerns, abilities, capabilities, interests and informed
				  choice as specified in Section
				  7136.6(b)(1) of these
				  regulations, the Department and the individual shall, as appropriate:
(1) Conduct an exploration of the individual's
				  personal skills and abilities that are necessary for success in a self-employment
				  setting, including decision-making and planning skills, initiative and
				  entrepreneurial abilities, organizational skills, interpersonal skills, ability to
				  communicate, ability to follow through, and ability to work independently;
(2) Review the individual's technical knowledge,
				  experience and education that are necessary for success in a self-employment
				  setting, including training or experience in areas necessary for the operation of
				  the small business, such as marketing, office management, time management, inventory
				  control, and bookkeeping; and
(3) Review
				  the individual's financial history and credit record to assure the individual has
				  appropriate money management skills, is able to obtain credit necessary for the
				  proposed small business, and is able to protect assets of the business from claims
				  of existing creditors.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 2 - Referral and Application Processes; Order of Selection; Eligibility; Record of Services; Individualized Plan for Employment (IPE) › Article 5 - The Individualized Plan for Employment (IPE) › Section 7136.8 - Self-Employment; Assessment of the Proposed Small Business

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The summary
				  of the proposed small business, prepared by the eligible individual as part of the
				  Individualized Plan for Employment (IPE) development, as specified in Section
				  7136.5(c) of these
				  regulations, shall include:
(1) The proposed
				  products or services of the small business;
(2) The projected monthly income and expenses of
				  the small business for the first 12 months of operation;
(3) The number of hours the individual will work
				  in the small business on a monthly basis;
(4) The initial costs necessary to establish the
				  proposed small business;
(5) The
				  individual's resources;
(6) The market
				  analysis and marketing strategy for the small business; and
(7) The staffing requirements of the small
				  business.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 2 - Referral and Application Processes; Order of Selection; Eligibility; Record of Services; Individualized Plan for Employment (IPE) › Article 5 - The Individualized Plan for Employment (IPE) › Section 7136.9 - Self-Employment; Assessment of Necessary and Available Resources

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To assess
				  whether the eligible individual is able to obtain all resources necessary to
				  establish and operate the proposed small business, as specified in Section
				  7136.6(b)(3) of these
				  regulations, the Department and the eligible individual shall, as appropriate:
(1) Identify resources necessary to establish and
				  operate the proposed small business, using a summary of the proposed small business
				  or a Small Business Plan, as specified in Section
				  7136.8 of these regulations;
(2) Identify sources from which necessary
				  resources can be obtained, including from the individual or family members; use of
				  comparable services and benefits; funding from grants, loans, loan guarantee
				  programs, and economic development funds; or a Social Security Administration (SSA)
				  Plan for Achieving Self Support (PASS);
(3) Identify technical assistance to be provided
				  to the individual to assist in applying for or obtaining funding from other sources;
				  and
(4) Identify when the resources will
				  be obtained by the individual.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 2 - Referral and Application Processes; Order of Selection; Eligibility; Record of Services; Individualized Plan for Employment (IPE) › Article 5 - The Individualized Plan for Employment (IPE) › Section 7137 - Self-Employment; Scope of Services Provided for a Self-Employment Setting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  services provided by the Department to assist the eligible individual to achieve
				  employment in an appropriate self-employment setting include assessment, technical
				  assistance, and training to assist the individual in preparing for entering,
				  advancing in, or retaining work in a self-employment setting, and certain initial
				  one-time costs to establish the proposed small business.
(b) The one-time, initial costs of establishing
				  the small business are limited to such costs that are consistent with Section
				  7149 of these regulations, are
				  appropriate and necessary to assist the individual to achieve employment in a
				  self-employment setting, and are consistent with the usual and customary initial
				  costs typically required for establishing similar small businesses, including:
(1) Payment of occupational license fees, pursuant
				  to Section 7149(p);
(2) Purchase or lease of tools or other equipment,
				  in quantities consistent with the initial cost of establishing similar small
				  businesses, pursuant to Section
				  7149(p);
(3) Purchase of initial stock and supplies
				  necessary for a period not to exceed six months, pursuant to Section
				  7149(p); and
(4) Payment of initial deposits required for
				  rental agreements or utility service, consistent with Section
				  7149(g).
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 2 - Referral and Application Processes; Order of Selection; Eligibility; Record of Services; Individualized Plan for Employment (IPE) › Article 5 - The Individualized Plan for Employment (IPE) › Section 7138 - Self-Employment; Monitoring the Operation of the Small Business

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Rehabilitation Counselor (RC) shall monitor the eligible individual's employment in
				  the self-employment setting, as specified in the Individualized Plan for Employment
				  (IPE), after the individual begins operating the small business, for a period of no
				  less than 90 days and no more than 12 months, to determine whether the individual is
				  able to maintain employment in the self-employment setting, whether the individual
				  requires additional training or technical assistance to maintain the employment,
				  whether the small business is producing the projected income, and whether the
				  criteria for closure of the record of services have been met.
(b) If it appears during the monitoring period
				  that the individual is having difficulty maintaining employment in the
				  self-employment setting, or if the small business is not achieving the monthly
				  income projected in the summary of the proposed small business or the Small Business
				  Plan, the RC and the individual shall, with technical assistance from other
				  Department staff with expertise in self-employment and/or a Small Business
				  Consultant:
(1) Identify the problems that the
				  individual is experiencing;
(2) Assess
				  whether additional training or technical assistance could assist the individual to
				  overcome those problems; and
(3)
				  Re-assess, based on available information, whether the self-employment setting is
				  appropriate as specified in Section
				  7136.6 of these
				  regulations.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 2 - Referral and Application Processes; Order of Selection; Eligibility; Record of Services; Individualized Plan for Employment (IPE) › Article 6 - Confidentiality › Section 7140 - General Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The purpose
				  and intent of these regulations are:
(1) To
				  protect the right to privacy of each individual. The right to privacy is a
				  fundamental right which is protected by the California Constitution.
(2) To secure to such individuals the right to
				  gain access to information pertaining to them which is maintained by the Department
				  unless there is a clear and overriding public interest in withholding such
				  information.
(3) To secure to such
				  individuals the right to correct any misinformation that is being maintained about
				  them by the Department.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 2 - Referral and Application Processes; Order of Selection; Eligibility; Record of Services; Individualized Plan for Employment (IPE) › Article 6 - Confidentiality › Section 7140.5 - Collection of Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The case
				  record shall contain only information which is relevant and necessary to carry out
				  the programs of the Department.
(b) A
				  Client Information Booklet which describes the kinds of information that may be
				  requested from the individual shall be provided and explained to all individuals at
				  the initial interview and shall be annually reviewed with the individual or the
				  individual's representative thereafter. The Client Information Booklet shall
				  contain:
(1) The title, address, and telephone
				  number of the Department employee who maintains the case record.
(2) The name of the Division or individual within
				  the Department who is requesting the information.
(3) A statement as to whether the provision of
				  each item of information requested is mandatory or voluntary.
(4) An explanation of the consequences of not
				  providing all or part of the requested information.
(5) An explanation of the purpose or purposes for
				  which the information is to be used.
(6)
				  The legal authority which authorizes the maintenance of the information.
(7) A statement as to the individual's right to
				  review the case record.
(8) Any known or
				  foreseeable interagency or intergovernmental transfer of the information which may
				  be made.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 2 - Referral and Application Processes; Order of Selection; Eligibility; Record of Services; Individualized Plan for Employment (IPE) › Article 6 - Confidentiality › Section 7141 - Disclosure to the Individual

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as
				  limited by (c), all information in the case record shall, upon request and proper
				  identification, be disclosed to the individual.
(b) The Counselor shall translate or arrange for
				  translation of documents in the case record when requested, in a language that is
				  understood by the individual. It is not required that the case record be translated
				  into other languages.
(c) In cases where
				  the individual requests access to the case record and where the Department has
				  reason to believe that the disclosure of some portion of the case record may be
				  harmful to the individual the Department shall notify the individual in writing that
				  direct disclosure is not authorized by law. The notification shall include the way
				  in which the Department will release the information using the following options.
(1) Disclose, and if requested or needed,
				  interpret the information directly to the authorized representative, guardian or
				  conservator of the individual.
(2)
				  Disclose and interpret the information to the individual through the District
				  Medical Consultant, the District Psychologist, a panel physician, or panel
				  psychiatrist.
(3) Upon written
				  authorization, disclose such information to a physician, psychiatrist, or licensed
				  or certified psychologist or other representative designated by the
				  individual.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 2 - Referral and Application Processes; Order of Selection; Eligibility; Record of Services; Individualized Plan for Employment (IPE) › Article 6 - Confidentiality › Section 7141.5 - Amending the Case Record

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When a
				  Counselor determines that information which he/she originated for the case record is
				  inaccurate or incomplete, the Counselor shall correct that portion of the case
				  record. Copies of the corrected information shall be provided to all individuals who
				  obtained incorrect information.
(b) An
				  individual may submit a written request to add, delete, or amend information
				  contained in the case record. The Department, within 30 days of the receipt of such
				  request, shall make a decision whether to amend the record.
(c) If the individual requests a change to
				  information that was originated by a source outside the Department, they shall be
				  informed that departmental staff cannot change information in the case record not
				  originated by departmental staff and that the request should be made to the source
				  of the information.
(d) If the record is
				  to be amended, the Department shall:
(1) Amend any
				  portion of the record which is not accurate, relevant, timely, or
				  complete.
(2) Destroy the original
				  material.
(3) Provide the individual
				  with a copy of the amended material.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 2 - Referral and Application Processes; Order of Selection; Eligibility; Record of Services; Individualized Plan for Employment (IPE) › Article 6 - Confidentiality › Section 7142 - Disclosure to Other Persons or Entities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as
				  specifically authorized by sections
				  7141,
				  7143, and
				  7143.5, no disclosure, shall be made to
				  any person or entity about receiving services from the Department or being in the
				  process of obtaining services from the Department, unless the informed, written
				  consent of the individual whose records are being requested has been obtained by the
				  Department. The prohibition against disclosures without the informed written consent
				  of the individual applies irrespective of whether the person or party seeking
				  disclosure already has the information, has other means of obtaining it, has
				  obtained a subpoena, or asserts any other basis or justification for disclosure not
				  expressly authorized by these regulations.
(b) The consent for disclosure shall be in writing
				  and should, as appropriate, contain:
(1) The name
				  of the individual.
(2) The name or title
				  of the person or organization to whom the disclosure is to be made.
(3) The extent or nature of the information to be
				  disclosed.
(4) A statement that the
				  consent is subject to revocation at any time.
(5) The date on which the consent is
				  signed.
(6) The signature of the
				  individual.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 2 - Referral and Application Processes; Order of Selection; Eligibility; Record of Services; Individualized Plan for Employment (IPE) › Article 6 - Confidentiality › Section 7142.5 - Prohibition Against Redisclosure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as
				  specifically authorized by section
				  7143, the results of any HIV test
				  performed shall not be redisclosed to any third party without the written consent of
				  the individual for each disclosure.
(b)
				  Except as specifically authorized by these regulations, no person or entity who
				  receives information from the Department shall redisclose such information or any
				  portion thereof to any other person or entity without the informed written consent
				  of the person to whom the information pertains. Nothing in this part shall prohibit
				  the individual from disclosing any information which is received from his or her
				  case record.
(c) Whenever the Department
				  makes a disclosure to any person or entity other than the individual, or their
				  authorized representative, the disclosure shall be accompanied by a written
				  statement as follows:
NOTICE
THIS IS PERSONAL INFORMATION FROM THE RECORDS OF THE
					 CALIFORNIA DEPARTMENT OF REHABILITATION. STATE AND FEDERAL LAW AND DEPARTMENTAL
					 REGULATIONS PROHIBIT YOU FROM MAKING ANY FURTHER DISCLOSURE OF THIS INFORMATION
					 WITHOUT THE INFORMED WRITTEN CONSENT OF THE PERSON TO WHOM THIS INFORMATION
					 PERTAINS.
1. Renumbering of
					 section 7285 to section
					 7142.5 filed 6-21-90; operative 7-21-90
					 (Register 90, No. 35).
2. New subsection (a) and relettering of former
					 subsections (a) and (b) to subsections (b) and (c) filed 5-2-91; operative 6-1-91
					 (Register 91, No. 25).
3. Change without regulatory effect amending
					 subsections (b) and (c) and amending NOTE filed 5-12-2016 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2016, No. 20).
4. Amendment 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:
						34 CFR Section
						361.38; and Sections
						121022 and
						121025, Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 2 - Referral and Application Processes; Order of Selection; Eligibility; Record of Services; Individualized Plan for Employment (IPE) › Article 6 - Confidentiality › Section 7143.5 - Prohibitions Against Disclosure to Law Enforcement Officials

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No
				  disclosure shall be made to any law enforcement official, including any public
				  prosecutor, without the specific written consent of the individual except as is
				  necessary under section
				  7143(a)(7). However,
				  nothing in these regulations shall be construed as prohibiting an employee of the
				  Department from seeking the assistance of a law enforcement official where an
				  individual commits or threatens to commit a crime on the premises of the Department
				  or against Departmental personnel, or where an individual, after investigation, is
				  reasonably believed to have committed a fraudulent or otherwise illegal act or acts
				  against the Department or Departmental personnel, and such disclosure is made for
				  purposes of further investigation and/or prosecution for such act or acts. Nothing
				  in this section shall be construed to allow the disclosure of information to law
				  enforcement officials, including public prosecutors, for purposes of investigating
				  or prosecuting illegal acts allegedly committed against a third party or entity,
				  except as necessary under section
				  7143(a)(7).
1. Renumbering of
					 section 7287 to section
					 7143.5 filed 6-21-90; operative 7-21-90
					 (Register 90, No. 35).
2. Amendment of NOTE filed 5-2-91; operative
					 6-1-91 (Register 91, No. 25).
3. Change without regulatory effect
					 amending section and NOTE filed 5-12-2016 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2016, No. 20).
4. Amendment 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; Section
						1798.30, Civil Code.
						Reference: 34 CFR Section
						361.38.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 2.5 - Client Assistance Program [Repealed] › Section 7144 - Definitions and Terms. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New chapter 2.5
				  (sections 7144-7147) and section filed 1-11-99;
				  operative 2-10-99 (Register 99, No. 3).
2. Repealer of chapter 2.5
				  (sections 7144-7147) and section filed 1-28-2014;
				  operative 1-28-2014 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2014, No. 5).
Note: Authority cited: Sections
					 19006
					 and
					 19016,
					 Welfare and Institutions Code. Reference:
					 34 CFR Sections
					 370.1,
					 370.2,
					 370.4 and
					 370.6; and Sections
					 19010 and
					 19011, Welfare and Institutions
					 Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 2.5 - Client Assistance Program [Repealed] › Section 7145 - Provision of Cap Services. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 1-11-99; operative 2-10-99 (Register 99, No. 3).
2. Repealer filed
				  1-28-2014; operative 1-28-2014 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2014, No. 5).
Note: Authority cited: Sections
					 19006
					 and
					 19016,
					 Welfare and Institutions Code. Reference:
					 34 CFR Sections
					 76.51,
					 76.700,
					 370.1,
					 370.2,
					 370.4 and
					 370.5; and Sections
					 19010 and
					 19011, Welfare and Institutions
					 Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 2.5 - Client Assistance Program [Repealed] › Section 7146 - Cap Service Areas; Transfer. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 1-11-99; operative 2-10-99 (Register 99, No. 3).
2. Repealer filed
				  1-28-2014; operative 1-28-2014 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2014, No. 5).
Note: Authority cited: Sections
					 19006
					 and
					 19016,
					 Welfare and Institutions Code. Reference:
					 34 CFR Sections
					 370.1,
					 370.2,
					 370.4 and
					 370.40.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 2.5 - Client Assistance Program [Repealed] › Section 7147 - Funding of Legal Services Through Post-Appeal Review. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 1-11-99; operative 2-10-99 (Register 99, No. 3).
2. Repealer filed
				  1-28-2014; operative 1-28-2014 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2014, No. 5).
Note: Authority cited: Sections
					 19006
					 and
					 19016,
					 Welfare and Institutions Code. Reference:
					 34 CFR Sections
					 370.1 and
					 370.4; Section
					 19709, Welfare and Institutions Code;
					 and Section
					 1094.5,
					 California Code of Civil Procedure.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 3 - Vocational Rehabilitation Services for Individuals with Disabilities › Article 1 - General Provisions › Section 7149 - Scope of Vocational Rehabilitation Services for Individuals with Disabilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department shall, in collaboration with the local educational agencies involved,
				  provide or arrange for the provision of, pre-employment transition services for all
				  students with disabilities in need of services, without regard to the type of
				  disability.
(1) Pre-employment transition services
				  shall be made available statewide to all students with disabilities, regardless of
				  whether the student has applied or been determined eligible for vocational
				  rehabilitation services.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 3 - Vocational Rehabilitation Services for Individuals with Disabilities › Article 1 - General Provisions › Section 7149.1 - Excluded Services-Construction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Construction, as defined in this section, shall not be provided as a vocational
				  rehabilitation service. Construction on real property is expressly prohibited by
				  Education Department General Administrative Regulations (EDGAR)
				  34 CFR
				  76.533.
(b) The following definitions apply to this
				  section:
(1) "Construction" means:
(A) Erection of any new structure or building on
				  real property, either temporary or permanent, in whole or in part.
(B) Additions to, modification or replacement of,
				  or demolition or removal of, all or part of an existing structure or building on
				  real property, either temporary or permanent, including but not limited to existing
				  electrical, plumbing, heating and air conditioning appliances, fixtures, and
				  systems, foundations, roofs, walls, floors, ceilings, windows, doors, cabinets,
				  countertops, closets, and kitchen or bathroom fixtures such as sinks, toilets, tubs
				  and showers.
(C) A remodel of all or
				  part of a structure or building on real property.
(D) Installation of any item, piece of equipment,
				  or product system as a permanent fixture on real property.
(E) Improvements to land, including the addition,
				  modification or replacement of roads, driveways, walkways, fences, or
				  barriers.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 3 - Vocational Rehabilitation Services for Individuals with Disabilities › Article 1 - General Provisions › Section 7150 - General Provisions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New article 9
					 (sections 7150-7177) filed 10-17-80; effective
					 thirtieth day thereafter (Register 80, No. 42).
2. Amendment of
					 subsection (c) filed 3-2-82; effective thirtieth day thereafter (Register 82, No.
					 10).
3. Renumbering of former article 9 (sections
					 7150-7176) to chapter 3 (sections
					 7150-7176) and new article 1 (section
					 7150) filed 6-21-90; operative 7-21-90
					 (Register 90, No. 35).
4. Amendment of subsection (c)(7) filed 1-14-92;
					 operative 2-13-92 (Register 92, No. 13).
5. New subsection (c)(10) and
					 renumbering filed 1-2-92; operative 3-2-92 (Register 92, No. 18).
6. New
					 subsection (c)(11) and subsection renumbering filed 3-16-93; operative 4-15-93
					 (Register 93, No. 12).
7. Repealer filed 3-4-2004; operative 4-3-2004
					 (Register 2004, No. 10).
Note: Authority cited: Sections
						19006
						and
						19016,
						Welfare and Institutions Code. Reference: Section
						19150,
						Welfare and Institutions Code; and
						34 CFR Sections
						361.32,
						361.33,
						361.34,
						361.42 and
						361.53.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 3 - Vocational Rehabilitation Services for Individuals with Disabilities › Article 2 - Counseling and Placement › Section 7151 - Counseling, Guidance and Referral Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Counseling
				  and guidance is the core service from which all other vocational rehabilitation
				  services are identified, justified and provided. Counseling and guidance is the
				  process by which the Department assists individuals to understand and focus on the
				  vocational significance of their unique strengths, resources, priorities, concerns,
				  abilities, capabilities, career interests, and informed choice in the selection of
				  vocational rehabilitation services with the goal of preparing for, securing,
				  retaining, advancing in or regaining an employment outcome.
(b) Referral services are provided to an
				  individual in order to assist that applicant or client to obtain or utilize
				  appropriate community resources.
1. Amendment of
					 NOTE filed 3-2-82; effective thirtieth day thereafter (Register 82, No.
					 10).
2. New Article 2 heading filed 6-21-90; operative 7-21-90 (Register
					 90, No. 35).
3. Amendment of section and 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:
						34 CFR
						361.48.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 3 - Vocational Rehabilitation Services for Individuals with Disabilities › Article 2 - Counseling and Placement › Section 7152 - Placement Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Placement
				  services require the joint participation of the client and the Department.
(b) Placement services shall be provided on an
				  individualized basis, through the JOB Club, or through a workshop, or other
				  rehabilitation facility offering work or vocationally oriented programs, or a tutor
				  as limited by (c), and include but are not limited to:
(1) Vocational Exploration
(2) Job Seeking Skills Training
(3) Job Analysis
(4) Job Modification or restructuring
(5) Employer Contacts
(6) Employer/Client Follow-Up and
				  Consultation
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 3 - Vocational Rehabilitation Services for Individuals with Disabilities › Article 2 - Counseling and Placement › Section 7153 - Placement in Suitable Employment. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 3-2-82; effective thirtieth day thereafter (Register 82, No.
					 10).
2. Repealer 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:
						34 CFR
						361.42.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 3 - Vocational Rehabilitation Services for Individuals with Disabilities › Article 3 - Training and Job Coaching Services › Section 7154 - Training Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Training
				  services shall be provided only to the extent necessary to accomplish either or both
				  of the following:
(1) Facilitate achievement of
				  the vocational objective.
(2) Prepare an
				  individual with the skills and abilities necessary to be a competitive candidate for
				  competitive integrated employment.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 3 - Vocational Rehabilitation Services for Individuals with Disabilities › Article 3 - Training and Job Coaching Services › Section 7155 - Use of Public or Private Institutions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Training in
				  a private institution shall not be provided except when:
(1) It is clear that the training needs of the
				  individual can be better met by a private, correspondence, on-the-job, tutorial, or
				  other training institution or method; or
(2) Overall cost to the Department will be less;
				  or
(3) The training is not available in
				  a public institution; or
(4) Attendance
				  in a public training program would cause a significant delay in the individual's
				  preparation for a suitable employment outcome.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 3 - Vocational Rehabilitation Services for Individuals with Disabilities › Article 3 - Training and Job Coaching Services › Section 7156 - College Level Training

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Clients receiving college level training shall use the least
					 expensive educational institutions in the following order of preference:
(a) For the first two years, a community college
				  or other equivalent resource.
(b) For
				  the first two years, a state college or university if the overall cost to the
				  Department will be equal to or less than a community college.
(c) After the first two years, a state college or
				  university.
(d) A private school when:
(1) The private school is essential to the success
				  of the Individualized Plan for Employment (IPE); or
(2) The overall cost to the Department will be
				  equal to or less than the costs of a public school; or
(3) The client agrees to pay all additional costs
				  for training in a private school when the Department has determined that a public
				  institution is sufficient to meet the needs of the client.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 3 - Vocational Rehabilitation Services for Individuals with Disabilities › Article 3 - Training and Job Coaching Services › Section 7157 - On-the-Job Training

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) On-the-job
				  training programs shall be selected on the basis of the individual trainer's ability
				  and willingness to instruct the client.
(b) Compensation paid by the trainer to the client
				  during and/or after the on-the-job training period shall meet all legal
				  requirements.
(c) Clients receiving
				  on-the-job training are considered employees of the trainer and shall receive
				  appropriate benefits and employee insurance coverage, except that the Department
				  shall bear the full amount of any additional workers' compensation insurance premium
				  expense incurred by the trainer during the clients' training period. The Department
				  shall either reimburse the trainer for his or her increased costs or purchase a
				  policy specifically for the client.
(d)
				  On-the-job training agreements developed in accordance with section
				  7157.5 are not legally binding
				  contracts, and may be modified or terminated by the Department or trainer whenever
				  circumstances warrant.
(e) The length of
				  the on-the-job training shall be based upon the following factors:
(1) The usual and customary training period
				  required for a specific occupation.
(2)
				  The extent to which the client already qualifies for the vocational
				  objective.
(3) The extent of both the
				  client's:
(A) Educational background.
(B) Physical or mental
				  impairment.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 3 - Vocational Rehabilitation Services for Individuals with Disabilities › Article 3 - Training and Job Coaching Services › Section 7157.5 - On-the-Job Training Agreements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Prior to
				  the implementation of on-the-job training a letter of agreement shall be reviewed
				  and signed by all of the following:
(1) The
				  client.
(2) The trainer.
(3) The counselor.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 3 - Vocational Rehabilitation Services for Individuals with Disabilities › Article 3 - Training and Job Coaching Services › Section 7158 - Workshop Training. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 3-2-82; effective thirtieth day thereafter (Register 82, No.
					 10).
2. Renumbering of former section
					 7158 to
					 7158.8 and new section
					 7158 filed 3-25-91; operative 4-24-91
					 (Register 91, No. 15).
3. Editorial correction of subsections (b) and
					 (b)(1)(B) and Reference cite (Register 95, No. 11).
4. Repealer 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: Sections
						19018
						and
						19150,
						Welfare and Institutions Code; 34
						CFR Section 361.42.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 3 - Vocational Rehabilitation Services for Individuals with Disabilities › Article 3 - Training and Job Coaching Services › Section 7158.8 - Out-of-State Training

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Clients may be provided out-of-state training when:
(a) Suitable facilities or courses are not
				  available within the State; or
(b) The
				  client lives near an adjoining State and the out-of-state facilities are more
				  readily available in the adjoining state; or Undue hardship would be imposed on the
				  client by requiring the use of facilities or courses within the State.
1. Amendment
					 filed 3-2-82; effective thirtieth day thereafter (Register 82, No.
					 10).
2. Renumbering of former section
					 7158 to section
					 7158.8 filed 3-25-91; operative 4-24-91
					 (Register 91, No. 15).
3. Change without regulatory effect amending NOTE
					 filed 5-9-2013 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2013, No. 19).
Note: Authority cited: Sections
						19006
						and
						19016,
						Welfare and Institutions Code. Reference: Section
						19200,
						Welfare and Institutions Code; and
						34 CFR Sections
						361.42 and
						361.48.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 3 - Vocational Rehabilitation Services for Individuals with Disabilities › Article 3 - Training and Job Coaching Services › Section 7159 - Completion and Termination of Training

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Training shall be terminated whenever an assessment of the
					 client indicates readiness for employment or a lack of adequate performance by
					 either the client or trainer in the training program.
1. Amendment
					 filed 3-2-82; effective thirtieth day thereafter (Register 82, No.
					 10).
2. Change without regulatory effect amending NOTE filed 5-9-2013
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2013, No. 19).
Note: Authority cited: Sections
						19006
						and
						19016,
						Welfare and Institutions Code. Reference:
						34 CFR Sections
						361.42 and
						361.48.