New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 45 - DIVISION OF VOCATIONAL REHABILITATION SERVICES › Subchapter 1 - PROCEDURES AND STANDARDS › Section 12:45-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.
"Act" means the Rehabilitation Act, 29 U.S.C. §§
										701 et seq., as amended by the Rehabilitation Act Amendments of 1998.
"Appropriate modes of communication" means specialized aids and supports that enable an individual with a disability to comprehend and respond to information that is being communicated. Appropriate modes of communication include, but are not limited to, the use of interpreters, open and closed captioned videos, specialized telecommunications services and audio recordings, braille and large print materials, materials in electronic formats, augmentative communication devices, graphic presentations, and simple language materials.
"Assessment for determining eligibility and vocational rehabilitation needs" means, as appropriate in each case:
1. A review of existing data:
i. To determine whether an individual is eligible for vocational rehabilitation services; and
ii. To assign the priority described in the order of selection found at 12:45-1.8;
2. To the extent additional data is necessary to make the determination and assignment in 1 above, a preliminary assessment of such data (including the provision of goods and services during such assessment);
3. To the extent additional data is necessary, a comprehensive assessment (including the administration of the assessment) of the unique strengths, resources, priorities, interests and needs, including the need for supported employment, of an eligible individual to make a determination of the goals, objectives, nature and scope of vocational rehabilitation services to be included in the individualized plan for employment (IPE) of the individual, which comprehensive assessment:
i. Is limited to the information that is necessary to identify the rehabilitation needs of the individual and to develop the IPE of the individual;
ii. Uses, as a primary source of such information, to the maximum extent possible and appropriate and in accordance with confidentiality requirements;
(1) Existing information; and
(2) Such information as can be provided by the individual and, where appropriate, by the family of the individual.
iii. May include, to the degree needed to make such a determination, an assessment of the personality, interests, interpersonal skills, intelligence and related functional capacities, educational achievements, work experience, 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
iv. May include an appraisal of the patterns of work behavior of the individual 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; and
4. Referral for the provision of rehabilitation technology services to an individual with a disability to assess and develop the capacities of the individual to perform in a work environment; and
5. An exploration of the individual's abilities, capabilities, and capacity to perform in work situations, which shall be assessed periodically during trial work experiences in which the individual is provided appropriate supports and training.
"Assistive technology device" means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of an individual with a disability.
"Assistive technology service" means any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device, including:
1. The evaluation of the needs of an individual with a disability, including a functional evaluation of the individual in his or her customary environment;
2. Purchasing, leasing, or otherwise providing for the acquisition by an individual with a disability of an assistive technology device;
3. Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing or replacing assistive technology devices;
4. Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;
5. Training or technical assistance for an individual with a disability or, if appropriate, the family members, guardians, advocates, or authorized representatives of the individual; and
6. Training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers, or others who provide services to, employ, or are otherwise substantially involved in the major life functions of individuals with disabilities, to the extent that training or technical assistance is necessary to the achievement of an employment outcome by an individual with a disability.
"Civil Union" means the legally recognized union of two eligible individuals of the same sex established pursuant to 37:1-28 et seq.
"Civil Union partner" means "one partner in a civil union couple," as that phrase is defined at 37:1-29.
"Community rehabilitation program" means a program that provides directly, or facilitates the provision of, vocational rehabilitation services to individuals with disabilities and that provides, singly or in combination, for an individual with a disability to enable the individual to maximize opportunities for employment, including career advancement:
1. Medical, psychiatric, psychological, social and vocational services that are provided under one management;
2. Testing, fitting, or training in the use of prosthetic and orthotic devices;
3. Recreational therapy;
4. Physical and occupational therapy;
5. Speech, language and hearing therapy;
6. Psychiatric, psychological and social services, including positive behavior management;
7. Assessment for determining eligibility and vocational rehabilitation needs;
8. Rehabilitation technology;
9. Job development, placement, and retention services;
10. Evaluation or control of specific disabilities;
11. Orientation and mobility services for individuals who are blind;
12. Extended employment;
13. Psychosocial rehabilitation services;
14. Supported employment services and extended services;
15. Services to family members when necessary to the vocational rehabilitation of the individual;
16. Personal assistive services; or
17. Services similar to the services described in paragraphs 1 through 16 above.
"Competitive employment" means work:
1. In the competitive labor market that is performed on a full-time or part-time basis in an integrated setting; and
2. For which an individual is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals who are not disabled.
"Director" means the Director of the Division of Vocational Rehabilitation Services, New Jersey Department of Labor and Workforce Development.
"Disability" means a physical or mental impairment that constitutes or results in a substantial impediment to employment.
"Division" means the Division of Vocational Rehabilitation Services (DVRS), New Jersey Department of Labor and Workforce Development.
"Employment outcome" means, with respect to an individual, entering or retaining full-time or, if appropriate, part-time competitive employment in the integrated labor market (including satisfying the vocational outcome of supported employment) or satisfying any other vocational outcome the Secretary of the U.S. Department of Education may determine consistent with the Act including self-employment, telecommuting, or business ownership.
"Extended services" means ongoing support services and other appropriate services, needed to support and maintain an individual with the most significant disability in supported employment, and are provided by a State agency, a nonprofit private organization, employer, or any other appropriate resource, after an individual has made the transition from services provided by the Division.
"Extreme medical risk" means a risk of substantially increasing functional impairment or risk of death if medical services are not provided expeditiously.
"Family member" or "member of the family" means any relative by blood, marriage or civil union of an individual with a disability and any other individual living in the same household with whom the individual with a disability has a close interpersonal relationship.
"Impartial hearing officer" means:
1. An individual who:
i. Is not an employee of a public agency (other than an administrative law judge, hearing examiner, or employee of an institution of higher education);
ii. Is not a member of the State Rehabilitation Council created by the Governor by Executive Order;
iii. Has not been involved in previous decisions regarding the vocational rehabilitation of the applicant or client;
iv. Has knowledge of the delivery of vocational rehabilitation services, the State Plan and the Federal and State rules governing the provision of such services and training with respect to the performance of official duties; and
v. Has no personal, professional, or financial interest that would be in conflict with the objectivity of the individual.
2. An individual shall not be considered to be an employee of a public agency for purposes of subparagraph 1i above solely because the individual is paid by the agency to serve as a hearing officer.
"Individual with a disability" means any individual who:
1. Has a physical or mental impairment which for such individual constitutes or results in a substantial impediment to employment; and
2. Can benefit in terms of an employment outcome from vocational rehabilitation services.
"Individual with a significant disability" means an individual with a disability:
1. Who has a severe physical or mental impairment or combination of impairments which seriously limits one functional capacity (such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance or work skills) in terms of an employment outcome; and
2. Whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time.
"Individual with a most significant disability" means an individual with a disability:
1. Who has a severe physical or mental impairment or combination of impairments which seriously limits two or more functional capacities (such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome; and
2. Whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time.
"Individual's representative" means any representative chosen by an applicant or eligible individual, including a parent, guardian, other family member, or advocate, unless a representative has been appointed by a court to represent the individual, in which case the court-appointed representative is the individual's representative.
"Integrated setting" means:
1. With respect to the provision of services, a setting typically found in the community in which applicants or eligible individuals interact with non-disabled individuals other than non-disabled individuals who are providing services to those applicants or eligible individuals; or
2. With respect to an employment outcome, a setting typically found in the community in which applicants or eligible individuals interact with non-disabled individuals, other than non-disabled individuals who are providing services to those applicants or eligible individuals, to the same extent that non-disabled individuals in comparable positions interact with other persons.
"IPE" means individualized plan for employment.
"Ongoing support services" means services:
1. Needed to support and maintain an individual with a most significant disability in supported employment;
2. Identified based on a determination of the individual's needs as specified in an individualized plan for employment;
3. Furnished by the Division from the time of job placement until transition to extended services, unless post-employment services are provided following transition, and thereafter by one or more extended services providers throughout the individual's term of employment in a particular job placement or multiple placements if those placements are being provided under a program of transitional employment;
4. Including an assessment of employment stability and provision of specific services or the coordination of services at or away from the worksite that are needed to maintain stability based on:
i. At a minimum, twice-monthly monitoring at the worksite of each individual in supported employment; or
ii. If under special circumstances, especially at the request of the individual, the individualized plan for employment provides for off-site monitoring, twice-monthly meetings with the individual; and
5. Consisting of:
i. A particularized assessment supplementary to the comprehensive assessment;
ii. The provision of skilled job trainer(s) who accompany the individual for intensive job skill training at the worksite:
iii. Job development, job retention and placement;
iv. Social skills training;
v. Regular observation or supervision of the individual;
vi. Follow-up services including regular contact with the employers, the individuals, the parents, family members, guardians, and other suitable professional and informed advisors, in order to reinforce and stabilize the job placement;
vii. Facilitation of natural supports at the worksite;
viii. Any other vocational rehabilitation service; or
ix. A service similar to another service described in this paragraph.
"Personal assistance services" means a range of services, provided by one or more persons, designed to assist an individual with a disability to perform daily living activities on or off the job that the individual would typically perform if the individual did not have a disability. Such services shall be designed to increase the individual's control in life and ability to perform everyday activities on or off the job. The services must be necessary to the achievement of an employment outcome and may be provided only while the individual is receiving other vocational rehabilitation services. The services may include training in managing, supervising, and directing personal assistance services.
"Rehabilitation technology" means the systematic application of technologies, engineering methodologies, or scientific principles to meet the needs of and address the barriers confronted by individuals with disabilities in areas which include education, rehabilitation, employment, transportation, independent living, and recreation. The term includes rehabilitation engineering, assistive technology devices, and assistive technology services.
"Supported employment" means competitive work in integrated work settings or employment in integrated work settings in which individuals are working toward competitive work, consistent with the strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the individuals for individuals with the most significant disabilities:
1. For whom competitive employment has not traditionally occurred, or for whom competitive employment has been interrupted or intermittent as a result of a significant disability; and
2. Who, because of the nature and severity of their disability, need intensive supported employment services and extended services in order to perform such work. Such term includes transitional employment for persons who are individuals with the most significant disabilities due to mental illness.
"Supported employment services" means ongoing support services and other appropriate services needed to support and maintain an individual with a most significant disability in supported employment, that:
1. Are provided singly or in combination and are organized and made available in such a way to assist an eligible individual in entering or maintaining integrated competitive employment;
2. Are based on a determination of the needs of an eligible individual, as specified in an individualized employment plan;
3. Are provided by the Division for a period of time not to extend beyond 18 months, unless under special circumstances the eligible individual and the rehabilitation counselor or coordinator jointly agree to extend the time in order to achieve the employment outcome identified in the individualized employment plan.
i. Special circumstances that would warrant consideration of an extension of services beyond 18 months may include an interruption of service during the 18 month period, significant changes in either job functions or supervision during the 18 month period or any other special circumstances providing there is reason to believe that an extension would allow the eligible individual to achieve the employment outcome identified in the individualized employment plan; and
4. Are provided following transition, as post-employment services that are unavailable from an extended services provider and that are necessary to maintain or regain the job placement or advance in employment.
"Transition services" means a coordinated set of activities for a student designed within an outcome-oriented process, that promotes movement from school to post-school activities, including post-secondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation. The coordinated set of activities shall be based upon the individual student's needs, taking into account the student's preferences and interests, and shall include instruction, community experiences, the development of employment and other post-school adult living objectives, and when appropriate, acquisition of daily living skills and functional vocational evaluation. Transition services must promote or facilitate the accomplishment of the employment outcome identified in the student's IPE. Transition services include technical consultation provided by DVRS for students beginning at the age of 14. See 6A:14-3.7(c)9 and (d)9.