Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 10 - Vocational Rehabilitation and Services for the Blind and Visually Impaired › Subchapter 7 - Vocational Rehabilitation and Services for the Blind and Visually Impaired › Part 3 - CASE PROCESSING REQUIREMENTS › Section 612:10-7-24.3 - Trial Work Experience

Current through Vol. 41, No. 20, July 1, 2024
(a)
Use
				  of trial work experience .
It shall be presumed that an individual can
				  benefit in terms of an employment outcome from vocational rehabilitation
				  services unless clear and convincing evidence demonstrates that the individual
				  is incapable of benefiting in terms of an employment outcome due to the
				  severity of the individual's disability. In making such demonstration, the VR
				  Counselor will explore the individual's capabilities to perform in realistic
				  work settings through the use of trial work experiences with appropriate
				  supports including, but not limited to, assistive technology devices and
				  services and personal assistance services, to accommodate the rehabilitation
				  needs of the individual during the trial work experiences.
(b)
Trial work.
The trial work
				  experiences shall be provided in competitive integrated employment settings to
				  the maximum extent possible, consistent with the individual's informed choice
				  and rehabilitation needs, and shall be of sufficient variety and duration to
				  determine the eligibility of the individual or to determine the existence of
				  clear and convincing evidence that the individual is incapable of benefiting
				  from VR services in terms of an employment outcome. Cases may not remain in
				  this status more than 18 months. An assessment of the individual's progress is
				  required as frequently as necessary but at least once every 90 days. The
				  assessment will include periodic reports from the institution, facility or
				  person providing the services to determine the results of the provision of such
				  services and to ascertain whether the individual may be determined to be
				  eligible or ineligible. The assessment summary narrative will be recorded in
				  the case file.
(c)
Case
				  recording requirements.
The counselor will document the case record
				  according to the criteria and recording standards in (1) - (5) of this
				  Subsection.
(1)
Justification that a
				  trial work experience is required.
It is presumed that an individual can
				  benefit in terms of an employment outcome from vocational rehabilitation
				  services unless clear and convincing evidence demonstrates otherwise. The use
				  of trial work experiences is to be limited solely to those extraordinary
				  situations in which the preponderance of evidence obtained in the normal manner
				  is sufficient to challenge the presumption of benefit due to the severity of
				  the disability. Documentation and case recording must clearly support the
				  determination that this preponderance of evidence exists, and that trial work
				  experience is necessary to make the eligibility determination.
(2)
Written plan for trial work
				  experiences .
Services related to the trial work experience will be
				  planned by the counselor and individual, or the individual's authorized
				  representative. The trial work experience plan will describe the services
				  necessary to obtain clear and convincing evidence concerning the presumption of
				  benefit.
(3)
Termination of
				  trial work experience evaluation - eligible.
When an individual is
				  determined to be eligible for services, the case is processed in accordance
				  with DRS policy.
(4)
Termination of trial work experience - ineligible.
If the trial
				  work experience provides clear and convincing evidence that the individual
				  cannot benefit from vocational rehabilitation services in terms of an
				  employment outcome due to the severity of the disability, the case may be
				  closed as ineligible in accordance with DRS policy. In addition to explaining
				  the individual's right to a review of the determination and the availability of
				  the Client Assistance Program, the counselor will make referrals to other
				  agencies, facilities, or programs as may be appropriate.
(5)
Amendments.
An amendment to
				  the plan is made stating all new decisions, facts, and planned services not
				  already covered in the original trial work experience plan.