Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 20 - PROVISION OF VOCATIONAL REHABILITATION SERVICES › Section 22VAC30-20-100 - The individualized plan for employment procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A. General requirements.
1. For each individual determined to be
				eligible for vocational rehabilitation services or, if the department is
				operating under an order of selection in accordance with
				22VAC30-20-90,
				for each eligible individual to whom the department is able to provide
				services, an individualized plan for employment meeting the requirements of
				this section shall be developed and implemented in a timely manner, not to
				exceed 90 days after the individuals eligibility determination date. This
				90-day deadline for developing the individualized plan for employment may be
				extended if the department and the eligible individual agree to an extension of
				the deadline to a specific date by which the plan shall be developed.
2. The individualized plan for employment
				must be designed to achieve a specific employment outcome as defined in
				22VAC30-20-10.
3. The department shall conduct an assessment
				for determining vocational rehabilitation needs, if appropriate, for each
				eligible individual, or if the department is operating under an order of
				selection, the department shall conduct an assessment for each eligible
				individual to whom the department is able to provide services. The purpose of
				this assessment is to determine the employment outcome and the nature and scope
				of vocational rehabilitation services to be included in the individualized plan
				for employment.
a. To the extent possible, the
				employment outcome and the nature and scope of rehabilitation services to be
				included in the individualized plan for employment shall be determined based on
				data from assessment of eligibility and priority of services under
				22VAC30-20-30.
b. If additional data are necessary to
				determine the employment outcome and the nature and scope of services, the
				department shall conduct a comprehensive assessment of the unique strengths,
				resources, priorities, concerns, abilities, capabilities, interests, and
				informed choice, including the need for supported employment services, of the
				eligible individual, in the most integrated setting possible. In preparing the
				comprehensive assessment, the department shall use, to the maximum extent
				possible and appropriate and in accordance with confidentiality requirements,
				existing information that is current as of the date of the development of the
				individualized plan for employment. This includes information (i) available
				from other programs and providers, particularly information used by the
				education system and the Social Security Administration; (ii) provided by the
				individual and the individual's family; and (iii) obtained under the assessment
				for determining the individual's eligibility and vocational needs.
4. The individualized plan for
				employment shall be a written document prepared on forms provided by the
				department.
5. Vocational
				rehabilitation services shall be provided in accordance with the provisions of
				the individualized plan for employment. An eligible individual or, as
				appropriate, the individual's representative may develop all or part of the
				individualized plan for employment with or without assistance from the
				department or other entity. The individualized plan for employment shall be
				approved and signed by the qualified vocational rehabilitation counselor
				employed by the department and the individual or, as appropriate, the
				individual's representative. The department shall establish and implement
				standards for the prompt development of individualized plans for employment for
				the individuals identified in subdivision 1 of this subsection, including
				timelines that take into consideration the needs of the individual.
6. The department shall promptly provide each
				individual or, as appropriate, the individual's representative a written copy
				of the individualized plan for employment and its amendments in the native
				language or appropriate mode of communication of the individual or, as
				appropriate, the individual's representative.
7. The department shall advise in writing
				each individual or, as appropriate, the individual's representative of all
				department procedures and requirements affecting the development and review of
				an individualized plan for employment, including the availability of
				appropriate modes of communication.
8. The individualized plan for employment for
				a student with a disability must be developed in consideration of the student's
				individualized education program or services under § 504 of the Act, as
				applicable, and the plans, policies, and procedures and terms of interagency
				agreement with the state agency and education officials designed to facilitate
				the transition of students with disabilities from the receipt of educational
				services to the receipt of vocational rehabilitation services.
9. The department shall provide individuals
				entitled to benefits under Title II or Title XVI of the Social Security Act
				information on additional supports and assistance for individuals with
				disabilities desiring to enter the workforce, including benefits
				planning.