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CHAPTER 51
VOCATIONAL REHABILITATION SERVICES
CHAPTER TABLE OF CONTENTS
SUBCHAPTER 1. GENERAL PROVISIONS
12:51-1.1 Scope and Purpose
SUBCHAPTER 2.
ADOPTION BY REFERENCE
12:51-2.1 Adoption by reference
12:51-2.2 Availability of standards adopted by
reference
SUBCHAPTER 3.
ORGANIZATION AND ADMINISTRATION
12:51-3.1 Organization and by-laws
12:51-3.2 Governing body/board
12:51-3.3 Executive director
12:51-3.4 Staff organization
12:51-3.5 Business and financial practices
SUBCHAPTER 4.
VOCATIONAL EVALUATION
12:51-4.1 Vocational evaluation, description
12:51-4.2 Procedure
SUBCHAPTER 5.
WORK ADJUSTMENT TRAINING (WAT)
12:51-5.1 Work adjustment training
SUBCHAPTER 6. TIME LIMITED JOB COACHING
12:51-6.1 Time limited job coaching
12:51-6.2 Personnel administration and staffing
development
12:51-6.3 Job coach an job coach supervisor training
12:51-6.4 Staff coverage
SUBCHAPTER 7. EMPLOYMENT SKILLS TRAINING SERVICES
12:51-7.1 Employment skills training services
12:51-7.2 Approval process
SUBCHAPTER 8. EXTENDED (SHELTERED) EMPLOYMENT
12:51-8.1 Extended (sheltered) employment
12:51-8.2 Reporting
12:51-8.3 Business and financial practices; records;
requirements
12:51-8.4 Wage and hour compliance
12:51-8.5 Reevaluation of extended (sheltered)
employees
SUBCHAPTER 9. PSYCHO-SOCIAL CENTERS
12:51-9.1 Psycho-social centers
12:51-9.2 Program description: vocational readiness
assessment
12:51-9.3 Program description: rehabilitation
assessment
12:51-9.4 Program description: rehabilitation plan
12:51-9.5 Program description: vocational development
training
12:51-9.6 Program description: transitional work
experience
12:51-9.7 Program description: job maintenance
SUBCHAPTER 10. FEES
12:5110.1 Establishment and changes in fees
SUBCHAPTER 11. PROGRAM
REQUIREMENTS
12:51-11.1 Program requirements,
existing and new programs
12:51-11.2 Procedure for program
approval
SUBCHAPTER 12. STAFF REQUIREMENTS
12:51-12.1 Staff requirements,
procedures and qualifications
SUBCHAPTER 13. PHYSICAL FACILITIES
12:51-13.1 Considerations
SUBCHAPTER 14. COMMUNITY RELATIONS
12:51-14.1 Program requirements
SUBCHAPTER 15. PROFESSIONAL ADVISORY
COMMITTEE
12:51-15.1 Composition and purpose
SUBCHAPTER 16. GRANTS
12:51-16.1 Availability
12:51-16.2 Procedure
SUBCHAPTER 17. PAYMENT AND ATTENDANCE
POLICY
12:51-17.1 Procedure
SUBCHAPTER 18. ACCREDITATION OF
REHABILITATION PROGRAMS
12:51-18.1 New Jersey Division of
Vocational Rehabilitation Services
SUBCHAPTER 19. ELIGIBILITY FOR DVRS
SERVICES
12:51-19.1 Client eligibility
SUBCHAPTER 20. STANDARDS TO VEND
SUPPORTED EMPLOYMENT SERVICES
12:51-20.1 Definitions
12:51-20.2 Administrative
12:51-20.3 Personnel administration and
staff development
12:51-20.4 Supported employment services
and community relationships
12:51-20.5 Consumer involvement and
empowerment
12:51-20.6 Service design
12:51-20.7 Career planning and
development
12:51-20.8 Job development and marketing
12:51-20.9 Employment phases and support
12:51-20.10 Quality service outcomes
SUBCHAPTER 1. GENERAL PROVISIONS
12:51-1.1 Scope and purpose
(a) The purpose of this chapter is to
define the criteria for operation of a program which is eligible to vend
specific services to the Division of Vocational Rehabilitation Services ad
to ensure the provision of quality services to persons with
disabilities. The basic rationale for the development of these
standards of operations consists of the following:
1. With the increased growth and
diversification of organizations in the vocational rehabilitation field,
there is a need to establish standards of operations for organizations
offering rehabilitation services.
2. Established, recognized standards
give evidence of a professional discipline, help organizations provide the
consumer with quality services, and establish accountability of
operations.
3. Standards for rehabilitation
organizations are necessitated by the enactment of State and Federal
legislation to help establish and improve rehabilitation programs.
These standards will be utilized as a minimum basis for establishing the
approval of assistance grants under the Federal Rehabilitation Act and
other legislation, and for the use of such rehabilitation services by the
Division of Vocational Rehabilitation Services, and by the New Jersey
Commission for the Blind and visually Impaired. They shall also be
applicable to the purchase of services and the payment of fees to the
rehabilitation program by the Division of Vocational Rehabilitation
Services and the New Jersey Commission for the Blind an Visually Impaired.
(b) The standards of
performance and service for vocational rehabilitation organizations,
unless specified otherwise, are applicable to community rehabilitation
programs such as sheltered workshops, psychiatric rehabilitation centers,
supported employment providers, and similar types of organizations which
provide rehabilitation services.
SUBCHAPTER 2. ADOPTION
BY REFERENCE
12:51-21 Adoption by
reference
(a) The standards
maintained by the Rehabilitation Accreditation Commission, also known as
the Commission on the Accreditation of Rehabilitation Facilities (CARF),
and published in the 1996 Standards Manual and Interpretive Guidelines for
Employment and Community Support Services and other accrediting bodies
such as the Council on Accreditation of Services for Families and
Children, the Joint Commission on Accreditation of Health Care
Organizations and other State agencies for whom documentation is provided
that they meet or exceed CARF standards are adopted and incorporated
herein by reference as standards for the operation of vocational
rehabilitation programs in New Jersey.
(b) The standards of the
American Institute of Certified Public Accountants (AICPA) Audit Guide for
audits of voluntary Health and Welfare Organization, as amended and
supplemented, are adopted and incorporated herein by reference as
standards for rehabilitation organization accounting systems. The
requirements of the Single Audit Act, Federal OMB Circular A-133,
"Audits of Institutions of Higher Education and Other Non-profit
Organizations," as amended and supplemented are adopted and
incorporated herein by reference as standards for the conduct of audits
for rehabilitation organizations.
(c) The Rehabilitation Act,
29 U.S.C. 701 et seq. as amended, for Titles I and VI Part C and their
applicable Federal regulations are adopted and incorporated herein by
reference, as amended and supplemented, for the operation of vocational
rehabilitation programs in New Jersey funded under those Titles.
12:51-2.2 Availability
of standards adopted by reference
(a) A copy of the standards
adopted and incorporated herein by reference as standards for the
operation of vocational rehabilitation programs in New Jersey may be
obtained from the Commission on the Accreditation of Rehabilitation
Facilities, 101 N. Wilmont Road, Suite 500, Tucson, Arizona 85711.
(b) A copy of the standards
adopted and incorporated herein by reference as standards for
rehabilitation organizations accounting accounting systems may be obtained
from the American Institute for Certified Public Accountants, 666 Fifth
Avenue, New York, New York 10019.
(c) The Single Audit Act,
Federal OMB Circular A-133, "Audits of Institutions of Higher
Education and Other Non-profit Organizations" may be found in the
Federal Register, Vol. 55, No. 52, Friday, March 16, 1990.
(d) All standards adopted
and incorporated herein by reference may be reviewed at the Division of
Vocational Rehabilitation Services, 135 East State Street, Trenton, New
Jersey 08625, between the hours 8:30 A.M. through 4:30 P.M.
SUBCHAPTER 3.
ORGANIZATION AND ADMINISTRATION
12:51-3.1 Organization
and by-laws
(a) The rehabilitation
organization or its parent organization will be, or will be part of, a
legal entity with a charter and by-laws which are in accordance with those
legal requirements which affect its status as a business under the laws of
this State.
(b) A not-for-profit
organization must hold a letter of exemption under Section 501(c)3
of the Internal Revenue Service Code of 1954.
1. The agency's charter
from the State of New Jersey will identify the corporate entity, state the
objective of the corporate entity, and describe categories of the
qualifications for membership if applicable.
2. The charter, by-laws, or
articles of incorporation of non-profit organizations will contain
provision for the dissolution of the organization in such a manner as to
ensure that no residual assets can accrue to the benefit of any individual
or group of individuals.
(c) The charter will
clearly state the purposes of the organization and describe these purposes
in form suitable for distribution.
(d) The purpose of the
organization will be related to the human needs it serves. The
organization will describe how its programs contribute to these purposes
and conditions or restrictions on admission or provisions of services.
(e) The by-laws will:
1. Provide for a governing
body/board;
2. Describe qualifications
for election to the governing boy/board and tenure of office;
3. Provide for the election
and specification o duties of officers;
4. Establish regular ad
special meetings of the governing body/board, in no event fewer than four
meetings each year;
5. Provide for committees
of the governing body/board;
6. Describe the
parliamentary procedures which will be followed in the conduct of business
meetings;
7. Describe methods of
amending the by-laws;
8. Establish a quorum with
requirements of at least on-third of the governing body/board; and
9. Require recording of
minutes.
(f) The rehabilitation
organization will have an Affirmative Action Program and will not
discriminate on the basis of race, sex, creed, national origin or
disability.
12:51-3.2 Governing
body/board
(a) Each rehabilitation
organization shall establish a governing body/board which consists of no
less than seven people and is broadly representative of the community an
reflect the major areas of activities in which the organization is
engaged.
1. The governing body/board
should reflect such professional and related fields as management,
personnel, rehabilitation, manufacturing, public relations, finance
or accounting, medicine, law and public welfare.
2. A person with a
disability, associations for people with disabilities, and organized labor
should be represented on the governing body/board.
3. The governing body/board
shall be organized into committees corresponding to the major activities
of the organization. The minimum committees include an Executive
Committee, Personnel Committee, Finance Committee, and Nominating
Committee.
4. Staff members of the
organization other than the executive director, and staff members of DVRS,
shall not serve as members of this governing body/board.
(b) The articles of
incorporation and/or the by-laws shall provide a maximum length of time
for a term of office of a governing body/board member to ensure rotation
of membership.
(c) The governing
body/board shall be responsible for:
1. Formulating basic
policies concerned with the achievement of its purposes and conduct of its
program;
2. Establishing all broad
organizational policies of administration and operation;
3. Formulating a mission
statement, approving and evaluating programs, stimulating continuing
program planning, and adopting recommendations for program growth;
4. Establishing policy
regarding property, funds, personnel operations;
5. Obtaining adequate
financial support for its organizations and providing funding for the
building and equipment needs for the organization;
6. Establishing and
maintaining high standards of operations for its programs and for its
continuing development;
7. Approving the
initiation, expansion, or modification of its programs based upon the
rehabilitation needs of the community and the capability of the
organization to affect those needs within its established goals and
objectives; and
8. Adopting an annual
budge, establishing policies for administration of funds and reviewing the
financial status of the organization on a quarterly basis.
(d) The governing
body/board, or its executive committee, shall meet at least quarterly and
minutes of all meetings will be on file and distributive to all governing
body/board members.
12:51-3.3 Executive
director
(a) The governing
body/board will appoint an executive director or equivalent. It will
formally state his or her relationship to the governing body or its
designated authority and duties, and delegate to him or her in writing
such authority and responsibility as is necessary to direct the
organization in accordance with its policies.
(b) The executive director
will be responsible for:
1. Assisting the governing
body/board in the formulation of policy by presenting and interpreting
operating reports, including report s reflecting the efficiency and
effectiveness of the organization and by presenting and interpreting
financial statements, short-term and long-term plans, changing concepts,
needs and related information;
2. Assisting the governing
body/board as required in such functions as fund-raising, community
relations, and related duties;
3. Coordinating and
directing activities of the organization in accordance with the policies
of the governing body/board;
4. Developing the
organizational structure for the program staff;
5. Maintaining personnel
policies;
6. Controlling th operation
of the organization through day-to-day decisions and authorization of
expenditures, and other procedures in accordance with the policies
established by the governing body/board;
7. Upgrading the operation
of the programs by studying and analyzing reports of the various services
comparing the performance against budgetary, administrative, and
professional standards and the extent to which program goals and objective
are being attained, and taking appropriate corrective measures;
8. Being informed of local
and national rehabilitation developments; and
9. Administering the
overall operations and programs and offering them appropriate information,
guidance, and recommendations.
12:51-3.4 Staff
organization
(a) There will be a staff
organization under the executive director which sets forth lines of
authority, responsibility, and communication in accordance with policies
established by the governing body/board. The organizational
structure will be designed to promote efficient and effective operation of
the organization's programs. The organizational chart will be
updated annually.
1. The delegation of
authority and responsibility within the staff organization will be
established and specified in job descriptions of administrative and
professional personnel.
2. Coordination of
activities and policies of administrative and professional departments
will be achieved through regularly scheduled meetings of appropriate
department heads.
3. Each department head
will be responsible to the executive director or his or her designee for
fulfillment of assigned duties.
12:51-3.5 Business and
financial practices
(a) The rehabilitation
organization's accounting system will follow the standards established by
the Commission on the Accreditation of Rehabilitation Facilities (CARF)
and the American Institute of Certified Public Accountants (AICPA) Audit
Guide for Audits of Voluntary Health and Welfare Organizations, as amended
and supplemented, incorporated herein by reference. The accounting
system shall be functional and enable the organization to identify clearly
the cost of rehabilitation services, production activities,
administration, and other expenses of operation.
(b) The governing
body/board and the executive director of not-for-profit organization shall
have an audit conducted which meets the requirements for the Single Audit
Act, Federal OMB Circular A-133, "Audits of Instructions of Higher
Education and Other Nonprofit Organizations," as amended and
supplemented, incorporated herein by reference. This audit shall be
conducted in accordance with generally accepted auditing standards and the
AICPA Industry Guide for Voluntary Health and Welfare Organizations and a
copy shall be filed with the Division of vocational Rehabilitation
Services each year.
(c) A for-profit
organization shall provide a written report by an independent auditor in
compliance with the terms and conditions of the grant agreement and
applicable laws and regulations, within 13 months of the conclusion of the
contract, or within 13 months of the end of the fiscal year which includes
the grant period. Such a report on compliance can be part of the
independent auditor's financial audit, or can be a separate report.
(d) Charges for services or
products will be based on a knowledge of their cost, including
overhead. All long-term contracts should be reviewed regularly to
ensure an adequate pricing structure.
(e) Where fees are charged
for services not paid for by other agencies, the organization will have an
established schedule of fees for services. The schedule of fees
shall be available in printed form and will be applied fairly and
equitably to each person served. Fees will not be divided with other
agencies or individuals as consideration for referral of persons to be
served.
(f) In quoting bids for
contract work, an overhead markup should be charged. The value of
any products or services, equipment or space provided by the contractor
for the contract operation may be included in the determination of this
mark-up. Bid quotations for program services or work should take
into consideration the following:
1. Knowledge of local
industry prevailing piece or time rates for comparable work;
2. Determination of
production norms of the clients;
3. Production rate norms
established when industry rates are not available; and
4. Costs of supplies,
equipment peculiar to the work, and of administrative overhead.
(g) Selling prices of the
organization's manufactured products will be in line with the prevailing
price range for such products in the areas in which its products are
marketed.
(h) Subcontract prices and
selling prices of manufactured items and services will be reviewed at
least annually to assure that they remain fair and competitive. The
organization will not knowingly accept work from companies whose workers
are legally on strike at the time they accept it.
(i) The organization must
comply with all Federal and State wage and hour laws and regulations, and
be certified when applicable, by the Wage and Hour Public Contracts
Division of the U.S. Department of Labor and by the State of New
Jersey. All clients under the age of 18 are required to have working
papers issued by the local board of education. The organization will
comply with Federal, State, and local laws and regulations covering the
physical facility, staff, client benefits, and will also comply as nearly
as practicable with local industrial and/or business practices relating to
fringe benefits, including Social Security coverage for all clients so
eligible. The facility shall have risk protection program adequate
to preserve its assets and to compensate its staff, volunteers, clientele,
and the public for reasonable claims due to events for which the facility
is liable. Evaluation of the needs for insurance and the types of
protection offered shall be reviewed annually, or more frequently, if
necessary. Insurance or risk coverage will including building(s),
equipment, and inventory malpractice liability, Workers Compensation,
Social Security and bonding of appropriate personnel.
(k) Active membership
should be maintained in the appropriate State and national professional
associations such as the national professional associations such as the
National Rehabilitation Association, the New Jersey Rehabilitation
Association and their affiliates, the American Rehabilitation Association,
the New Jersey Psychiatric Rehabilitation Association, the Association for
Persons in Supported Employment, and any other allied health and welfare
organizations.
(l) All financial records
will be made available to authorized representatives of the New Jersey
Department of Labor and the New Jersey Commission for the Blind and
Visually Impaired facilities staff and will be subject to examination and
audit upon satisfactory notice thereof.
(m) The organization will
file with the Division of Vocational Rehabilitation Services as annual
copy of its certified audit and the management letter.
(n) The Division of
Vocational Rehabilitation Services will suspend payment to any
organization that goes not keep appropriate records.
SUBCHAPTER 4. VOCATIONAL
EVALUATION
12:51-4.1 Vocational
evaluation, description
(a) Vocational evaluation
is a comprehensive, individualized and systemic process in which an
individual, in partnership with the evaluator and DVRS counselor, learns
to identify vocational options consistent with his or her abilities,
capabilities, preferences and interests and develop employment goals and
objectives. This process incorporates background information (for
example, information on education, psychological history, work history,
medical/physical capabilities, behavior status, and financial status) and
uses a combination of testing, work samples, situational assessments,
community-based job tryouts, prevailing labor market data, occupational
information, assistive technology, functional capacities, accommodations,
and modifications. It incorporates respect for the consumer's
personal processes of growth, self-empowerment, and development of insight
leading to the consumer's informed choice of meaningful career progression
goals.
(b) The vocational
evaluation process must include intake procedures as well as an
orientation procedure in order to define reasonable expectations for all
parties involved. In addition, the range and scope of the evaluation
services should be sufficiently comprehensive to obtain information about
the consumer such as the quantity of work, quality of work, ability to
accept criticism, ability to accept supervision, the most effective type
of supervision for this particular individual, attendance, attention to
detail, care with materials and property, cooperation, dependability,
personal care and hygiene, initiative, meeting work schedules, neatness in
performing work, completion of task/assignments, punctuality, safety
awareness, teamwork, motivation to work, and ability to communicate and
means of communication. Evaluation should also identify the
accommodations, adaptions, and supports such as assistive technology
services this person requires in order to participate in a vocational
program.
(c) The length of the basic
vocational evaluation process should be based upon the time necessary to
identify the individual's vocational goals which generally should be
completed within a five-week (25 days of work) period, but may be more
intensive and thereby shorter by mutual agreement of the client, evaluator
and DVRS counselor. Those facilities that have not received approval
for a five-week will continue to provide a 10-week evaluation at the
approved 10-week evaluation fee. Further time extensions will depend
entirely upon justification, viable staff conferences which include the
consumer, the evaluator and the DVRS counselor and written report.
The evaluation shall result in;
1. Development of a
rehabilitation plan with a vocational goal in an integrated competitive
setting with, if required, a description of supports that are required for
such a placement. The evaluation report must identify the number and
types of support that are required;
2. Development of the
organization's rehabilitation plan, indicating why an integrated,
competitive objective is not recommended at this time, and identifying the
services to be provided in the non-integrated setting, with a specific
vocation objective; or
3. Determination that a
vocational program is not appropriate at this time.
(d) Evaluations utilizing
piece rate productivity shall be measured during the last three days prior
to the case conference. Clients must be performing at 12 percent of
standard production rates at the end of the evaluation process in those
programs where production activities, which may include work samples, are
part of the evaluation process. If the client produces at nine
percent of normal productivity rates, one five-week extension may be
considered for facilities with a five-week vocational evaluation program
and two five-week extensions may be considered for facilities with a
10-week vocational evaluation process. The client's productivity
should be sampled over the last three-day period prior to the preparation
of the report. If at the end of the evaluation, the client is not
producing at 12 percent of standard productivity, the client will be
deemed to have minimal vocational potential and will, therefore, be
terminated from DVRS sponsorship and referred for appropriate program
services.
12:51-4.2 Procedure
(a) The rehabilitation
organization will maintain a current description of the tools, forms, and
materials used for the vocational evaluation process, noting when such
tools are utilized. DVRS may contract with an organization for a
short term evaluation utilizing a valid commercial assessment
system. In these instances, the maximum fees and length of time will
be those on file with the community rehabilitation program unit.
(b) The evaluation staff
conference will be conducted no later than the fourth week for a five-week
evaluation and no later than the eighth week for a 10 week evaluation and
will include minimally the consumer, the agency case manager , and the
DVRS counselor.
(c) The evaluation report
will be prepared following the staff conference and should arrive at DVRS
office during the fifth week for a five-wek evaluation and during the
ninth week for a 10 week evaluation and will be processed for further
action by DVRS. DVRS will be responsible for providing appropriate
documentation of such action to the facility within one week of receipt of
the report. The vocational evaluation report will be comprehensive
in nature and include information as referenced in the most recently
published CARF standards manual concerning the range and scope of
comprehensive in nature and include information as referenced in the most
recently published CARF standards manual concerning the range and scope of
comprehensive vocational evaluation services. It shall include
evidence that competitive integrated employment has been considered and
identify placement if that is the established vocational
objective.
(d) Vocational evaluation,
other than simulated job stations, on-floor work observation, and
on-the-job evaluation, shall be carried out in a separate room with
appropriate space, light, and ventilation. Sound levels shall not
exceed 70 decibels.
SUBCHAPTER 5. WORK
ADJUSTMENT TRAINING (WAT)
12:51-5.1 Work
adjustment training
(a) Work adjustment
training (WAT) is designed to help the individual with a disability form a
work personality that will help increase his or her productivity and
handling of th day-to-day demands of competitive employment, by developing
one or more of the following: self-confidence, self-control, work
tolerance, ability to handle interpersonal relationships and understanding
of work. There may also be varying degrees of skill acquisition
involved.
(b) In programs where paid
work in a non-integrated setting is utilized, persons served who are
earning between 20 percent and 40 percent of standard production rates at
the end of 18 weeks may be referred for certification as extended
(sheltered) employees at that time. Clients who are earning above 40
percent of standard production rates may be considered for up to two
nine-week extensions if there is a definable upward trend in their
production and the vocational goal is integrated competitive
employment. Clients earning between 15 percent and 20 percent of
standard production rates may be given one nine-week extension of work
adjustment training if patterns of performance indicate that there is
reason to believe they can achieve the extended (sheltered) level of
employment, an attempt should be made to find another appropriate program
for the individual.
(c) It is recognized that
the acceptable level for extended (sheltered) employees' production vary
from shop to shop dependent on several factors such as the level of
sophistication of contract work. These figures are meant to serve as
minimums and do not prelude a shop's setting higher minimum standards for
extended (sheltered) employees so long as those standards are forwarded in
writing to DVRS.
(d) During work adjustment
training, staff conferences are to be held no less than every six
weeks. Written notes of these conferences will be submitted to DVRS
during the week following the conference. A comprehensive review of
the client's progress will be conducted at the staff conference two weeks
prior to the end of the authorization (approximately week 16 for a 90-day
authorization and week seven for a 45-day authorization). The same
relative schedule for processing will be binding on both parties.
SUBCHAPTER 6. TIME
LIMITED-JOB COACHING
12:51-6.1 Time limited
job coaching
(a) The limited job
coaching is the provision of skills training by a job coach to an
individual with a disability in an integrated, competitive job
setting. This program is intended for those who require intensive
individual training at the work site, but who, once they have learned the
job and other routines, will not require long term extended
services. This program is an alternative for individuals with
disabilities who do not wish to participate in work adjustment programs in
nonintegrated settings or who require minimal time limited supports to
adjust to work in an integrated setting.
(b) Each consumer is to
receive an individual vocational assessment. This can be a review of
existing records from other resources compiled by the rehabilitation
counselor. The range and scope of the evaluation services are the
same as those listed in N.J. A.C. 12:51-4.1(b).
(c) The client, a
representative of the community program, and the Division's local
Vocational Rehabilitation Counselor shall meet to identify those services
necessary for the client to become employed, and to formulate an
Individual Plan for Employment. At this point, if there is consensus
among the parties, an individual placement in competitive employment with
the assistance of a job coach can be funded.
(d) Records that must
include actual numbers of job coaching hours for each day shall be
maintained.
12:51-6.2 Personnel
administration and staffing development
(a) Basic qualifications
for professional job coaches are that the individual shall have an AA
degree from an accredited college in the Human Services field, or three
years of related experience. If the job coach is to serve
individuals whose primary language is American Sign Language (ASL), the
coach shall achieve a rating of Intermediate in the Sign Communication
Proficiency Interview (SCPI).
(b) Mentors recruited at
the job sites shall b e supervised and shall have the qualifications
required for their assignments. Information regarding any personal
risks, liabilities, and insurance coverage shall be clearly communicated
to the trainee/intern and, when appropriate, to the affiliating academic
or training program.
(c) The client, a
representative of the community program, and the Division's local
Vocational Rehabilitation Counselor shall meet to identify those services
necessary for the client to become employed, and to formulate an
Individualized Plan for Employment. At this point, if there is
consensus among the parties, an individual placement in competitive
employment with the assistance of a job coach can be funded.
(d) Records that must
include actual numbers of job coaching hours for day shall be maintained.
12:51-6.2 Personnel
administration and staffing development
(a) Basic qualifications
for professional job coaches are that the individual shall have an AA
degree from an accredited college in the Human Services field, or three
years of related experience. If the job coach is to serve
individuals whose primary language is American Sign Language (ASL), the
coach shall achieve a rating of Intermediate in the Sign Communication
Proficiency Interview (SCPI).
(b) Mentors recruited at
the job sites shall be supervised and shall have the qualifications
required for their assignments. Any personal risks or liabilities
that might be encountered shall be clearly communicated to the mentor,
along with information on insurance coverage.
(c) Trainees/interns shall
be supervised and have the qualifications required for their
assignments. Information regarding any personal risks, liabilities,
and insurance coverage shall be clearly communicated to the
trainee/intern and, when appropriate, to the affiliating academic or
training program.
(d) Job description shall
be maintained which address all staff members involved in this
service. The descriptions shall set forth the qualifications, the
reporting supervisor, the position(s) supervised, and the duties of each
position. These are to be dated, regularly reviewed for
appropriateness, and provided in written form to the individual involved.
12:51-6.3 Job coach and
job coach supervisor training
(a) The organization shall
have a policy for orientation of new staff members, staff members moving
to new positions, volunteers, and trainees/interns, including orientation
to the organization's purpose.
(b) The organization shall
define and provide for the orientation and ongoing training needs of
personnel providing job coaching services. This orientation and
training shall include achieving community integration and the following:
introduction to disability; philosophy of the organization in such areas
as personal dignity, family interactions, and participation in community
life; individual rights and how to assist persons to secure and exercise
those rights; behavioral management practices; characteristics of persons
served (for example, means of communication, degree of supervision,
guardianship, special needs, medications, and general health);
communication and active listening skills; confidentiality; conflict
resolution; documentation and recordkeeping; job development techniques;
performing a job analysis; creating the client job profile; placement;
creation of a job log; facilitating of the use of natural supports; legal
requirements and hiring practices (for example, Americans with
Disabilities Act, Department of Labor Wage and Hour regulations);
prevention/reporting of neglect and abuse; reasonable accommodation
including assistive technology; social skills training; and work
environments including negotiating skills, interacting with supervisors,
understanding of employer and organized labor's needs and expectations.
12:51-6.4 Staff coverage
The organization has a
written procedure that identifies alternate individuals to ensure that the
job coaching service is provided in the absence of designated job coaching
staff.
SUBCHAPTER 7. EMPLOYMENT
SKILLS TRAINING SERVICES
12:51-7.1 Employment
skills training services
(a) An employment skills
training service is an organized, formal training program that assists a
person seeking employment to acquire the skills necessary for a specific
job or family of jobs. Formal skills training programs can be
provided at job sites or within formal and organized training and
educational settings.
(b) A number of community
based organizations have developed programs intended to provide entry
level skills in various occupations for individuals in the community who
have disabilities. In that there are frequently an insufficient
number of individuals with disabilities in a community at a given period
in time to fill a complete class, such programs shall also be available
for individuals without disabilities.
12:51-7.2 Approval
process
(a) In order to vend a
skill training program by a community based organization, it is necessary
to acquire Chapter 531 approval from the Department of Education, or
Chapter 46 approval if the the organization intends to offer the program
to the general public for a fee. In those instances where some other
department has approval authority, the appropriate approval from that
department shall be secured.
(b) In addition to Chapter
531 approval, prior to submitting an application the following issues
shall be addressed:
1. The local DVRS office
manager must agree that there is a need for this training in a community
based program. A letter of support from the local DVRS office
manager shall accompany the application;
2. There shall be a
sufficient number of jobs requiring the proposed training in the
area. The sources of occupational information shall be referenced;
3. There shall not be
comparable programs available within the community, such as community
colleges, other facilities, private schools;
4. There shall be a
sufficient number of individuals with disabilities and without
disabilities who have a potential to fill the training slots; and
5. There shall be other
funding sources in addition to DVRS that shall be used to establish and/or
maintain the program.
(c) if there is a similar
program readily available in a community college or vocational school,
there shall be documentation that the individuals being admitted to the
community based skills programs require more individual attention in
learning he skills themselves, and in personal adjustment issues.
(d) The requirements of (a)
through (c) above may be accomplished by surveying the business community
to identify availability of jobs, surveying the potential student market
to be assured there will be adequate enrollment, surveying potential
competitive programs to avoid duplication, developing a curriculum with
the advice of experts in the field in conjunction with the area community
rehabilitation program specialist that will teach skills that will enhance
employment opportunity (for example, if one is planning a computer
training program, it should use popular software, janitorial should teach
commonly used equipment). The program shall be coordinated with the
Department of Education, all other sources of revenue and referral shall
be identified, and local community support for the program shall be
assured.
(e) Additional elements to
the application that are critical to establishing and maintaining a
successful skills service are: entrance criteria; the business community
(a business advisory council) shall be consulted to assure a continuation
of teaching the appropriate, competitive subject matter; a determination
of the competencies to be taught; the program length in order to establish
a reasonable cost per student; and identified levels of achievement so
that if a student is not capable of achieving the most sophisticated
level, there are gradations that would permit employment at a lesser
skill level.
(f) Once the program issues
have received approval, the organization shall submit the required
"cost accounting: document to the Division for the establishment of a
fee.
SUBCHAPTER 8. EXTENDED
(SHELTERED) EMPLOYMENT
12:5108.1 Extended
(sheltered) employment
(a) Extended (sheltered)
employment is a program designed to provide long term employment by the
community rehabilitation program of a client/worker who is presently
unable to work in the competitive labor market as provided for in N.J.S.A.
34:16-40(e). The program has available all the services of the basic
vocational rehabilitation program (Title I) provided by DVRS at a lower
level of intensity and without the time constraints of the basic
vocational rehabilitation program. After completion of a certified Title I
program and the achievement of at least 20 percent of the normal
production level, these persons will be individually certified by DVRS.
(b) The services available
to extended (sheltered) employees must include evaluation, counseling,
placement, ad work services. A case record shall be maintained on
each individual which shall include documentation of all services provided
to the extended (sheltered) employee.
(c) The case record will
also include an individual rehabilitation plan which will be developed in
concert with the evaluation and participation of the extended (sheltered)
employee. The case record is the primary source of documentation and
must be updated every three months.
(d) Each extended
(sheltered) employee will participate in a formal semi-annual review with
an appropriate professional staff member and modification will be made of
the individual's rehabilitation plan as indicated by progress or lack of
the same.
(e) Case records will
include regular quarterly notation of client earnings as a percentage of
competitive pay on jobs. Specific explanations are required in those
instances where an individual is earning over 50 percent of the
competitive rate and is not involved in active efforts toward competitive
placement. Active placement efforts in progress must be documented.
(f) The ratio for floor
supervision shall be one supervisor to 20 clients. Floor supervisors
shall not be absent from the floor due to other assigned duties not
related to floor supervision (for example, contract procurement).
Staff meetings, safety committee, etc., are considered regular supervisory
responsibilities.
(g) In computing supervisor
ratio in satellite facilities, offsite, or crew labor programs, these will
be considered a separate entities. While counseling and placement
services need not be "on site" full time, all services must be
available on a regularly scheduled basis.
(h) When a staff vacancy
exits through illness or separation that is expected to last more than 10
consecutive days, the facility must notify the DVRS program
specialist. If it appears the vacancy will exist beyond 10 days, the
facility will submit, in writing, a plan for assuring continued services
to client.
(i) For the purposes of
standards compliance, a position will be considered vacant for 40 work
days. After 40 work days, the position will be considered not to
exist until such time as it is filled.
(j) Each facility is
expected to place a percentage of its extended (sheltered) employees in
competitive employment each year. It is recognized that economic
considerations will impact on performance in this area and consideration
will given for economic factors.
(k) Physical plant
facilities must comply the Commission on Accreditation of Rehabilitation
Facilities (CARF) standards for "Physical Facilities, Health, and
Safety", as amended and supplemented, incorporated herein by
reference.
(l) A client who is
released early for medical appointments shall be considered to have
attended the full day for purposes of counting program days unless such
early releases occur on more than five percent of the days he or she is
present.
12:51-8.2 Reporting
The organization approved
to provide extended employment services shall be responsible for the
submission of a quarterly statistical report 14 calendar days after the
close of each quarter. This report will be submitted on Form RSW-1
to be supplied by the Division of Vocational Rehabilitation Services.
Quarter Ending
Due Date
September
30
October 14
December
31
January 14
March
31
April 14
June
30
July 1
12:51-8.3 Business and
financial practices; records; requirements
(a) Contractor's accounting
records are required to include the following information:
1. Individual client
attendance records summarizing periodically on a calendar basis the number
of days the client is present and absent, and the reason. The
scheduled "working day" of a facility's extended (sheltered)
employment program will consist of not less than five working or
instructional hours. This record will be maintained either for all
clients in a single binder or individually in each client's case file.
2. Total wages or other
payment to all individual clients on an annual basis for the agency's
fiscal or calendar year.
3. Supplementary cost
records: Records shall also be maintained that will enable the State
auditor to readily and accurately determine the separate cost for direct
labor, indirect labor, and payments made in excess of those required by
minimum Wage and Hour regulations (often called wage supplements or
"subsidies").
4. Annual auditor's
reports, copies of the auditor's adjustments and work papers, if any, to
explain the adjustments and depreciation schedules. An analysis of
the agency's costs will not be completed until this information has been
reviewed by State auditors. In the absence of this information, the
agency's book figures and the State auditor's estimates will be used in
computing the agency's program costs.
12:51-8.4 Wage and hour
compliance
Contracts will comply with
all applicable State and Federal wage and hour regulations including the
possession of all certificates legally required and on a current basis.
12:51-8.5 Reevaluation
of extended (sheltered) employees
(a) Annual reevaluation and
ongoing services to extended (sheltered) employees is the responsibility
of the vocational rehabilitation facility. This activity is
supported by DVRS under the funding of the Extended Employment Act.
The Division shall also meet with extended employees to offer them options
for integrative employment.
(b) On occasion it may
become apparent that with the provisions of some specific service the
individual may be competitively employable. When this instance
occurs, the facility should contact the local DVRS office and discuss the
specifics of the case. The decision as to whether the case should be
accepted will be made on an individual basis.
(c) Vocational
rehabilitation services to individuals to maintain them in extended
(sheltered) employment are also a matter of individual
consideration. If the vocational goal continues to be extended
(sheltered) employment, the Plan of Services and all justification must be
reviewed and signed by the Manager.
SUBCHAPTER 9.
PSYCHO-SOCIAL CENTERS
12:51-9.1 Psycho-social
centers
(a) Psycho-social
rehabilitation is a structured program of vocational preparation which
endeavors to:
1. Discover and develop the
individual's strengths and assets;
2. Build positive and
adaptive skills; and
3. Increase and extend the
individual's repertoire of skilled behavior in the physical, emotional and
intellectual areas. The purpose of the center is to teach living,
learning and working skills necessary to function effectively in the
individual's community with adequate support.
(b) Psycho-social
rehabilitation is distinguishable from treatment or maintenance programs
by its emphasis on vocational performance skills acquisition.
Treatment seeks to alleviate discomfort, reduce symptoms and minimize
"sickness" in a non-threatening environment with minimum
demands. Vocational rehabilitation begins when work ceases to be a
treatment modality and becomes the program goal toward which all
psycho-social activities and all performance expectations are oriented.
(c) The tactic of providing
vocational performance skill acquisition is designed to make the client
increasingly less dependent upon the program itself and upon the mental
health system. Rather than solving the immediate problems, or
assisting him through a crisis, the rehabilitation goal is ultimately to
teach the individual the skills necessary to prevent future problems,
enabling him or her to live and work effectively and independently.
Effective rehabilitation programs are those in which all activities are
systematically synchronized to progress deliberately toward that goal
utilizing existing resources and linking the client to program services
that ultimately enhance his or her independence in the community.
(d) The minimum staff
required for approval of a facility in this classification should consist
of the following.
1. Executive directory
(agency);
2. Program director or
supervisor (full-time);
3. Rehabilitation counselor
(full-time);
4. Work supervisor
(full-time);
5. Employment specialist
(full-time); and
6. Consulting psychiatrist.
(e) At least two of the
staff in (d) above, exclusive of the executive director and consulting
psychiatrist, must have a master's degree or a B.A. and at least three
years experience in providing vocational programming to people with a
psychiatric disability. A staff-to-client ration of one to 12
exclusive of the executive director and consulting psychiatrist must be
maintained.
(f) Specific staff
qualifications appear at N.J.A.C. 12:51-12.1(i)1 through 11 and will be
followed. The staff personnel mentioned in (d) above must be
approved by DVRS.
(g) Demonstration of
compliance with standards for New Jersey vocational rehabilitation
facilities is the responsibility of the facility.
12:51-9.2 Program
description: vocational readiness assessment
(a) A vocational readiness
assessment (VRA) is designed as a short-term period of time during which a
program evaluates the readiness of a client to engage in and benefit from
a variety of vocational services. A determination is made at the end
of this short-term assessment that the client understands and is committed
to the goal of employment upon completion of the rehabilitation process.
(b) The VRA shall evaluate
community living skills and their potential impact on vocational service
provision. These skills include, but are not limited to: medication,
housing, transportation, self-maintenance, including grooming and
appearance, money management, home maintenance (cooking, cleaning,
shopping, etc.), psychological and psychiatric factors including
interpersonal skills, and ability to utilize leisure time. This
information is to be used to establish other potential areas of needed
support. The VRA shall also evaluate the client's ability to
participate in vocational activities.
(c) A VRA can be
accomplished through a variety of activities and services examples of
which are interviewing, group and individual counseling, service
procurement, activities of daily living, leisure time activity groups,
psychometrics, community contacts, work activities such as a facility work
situation, contracts or volunteer work.
(d) A VRA can be authorized
to a maximum of 10 programs days over a period of 20 working days.
An agency must provide the following services over this period:
1. Vocational activities
(40 percent of time);
2. Related activities (ADL,
use of leisure time, etc.)
(40 percent of time);
3. Assessment related
counseling (15 percent of time);
4. Community contacts (five
percent of time).
(e) The VRA should be
designed in a systematic, organized fashion that allows for concrete
observation as the basis for its results.
(f) On the ninth or tenth
day of VRA a staff conference will be held which will attended by the
consumer, and/or his or her chosen advocate or family ember, appropriate
facility staff and the DVRS counselor.
(g) Written notes of the
staff conference shall be submitted which address the results of the
assessment including the potential impact of community living issues,
potential adjustment to a vocational program, a determination as to the
feasibility of further vocational services and a tentative rehabilitation
diagnostic plan for those services. If an agency has determined that the
client is not appropriate for further vocational services at this time,
recommendations for referral, type of service, and mechanisms for linkage
shall be made. Psycho-social centers shall make every effort to
utilize other existing services to assist their clients in realizing their
full potential prior to the development of such services at the facility.
12:51-9.3 Program
description: rehabilitation assessment
(a) The primary purpose of
a rehabilitation assessment is to evaluate the client's present level of
skilled performance and to ascertain the level of skilled performance
needed to live, learn and work in his or her community with adequate
support.
(b) The ultimate outcome of
rehabilitation assessment is the formulation of the individual written
rehabilitation plan that will specify the individual client's
rehabilitation goals and will provide the standards against which progress
is measured.
(c) An agency offering a
rehabilitation assessment must provide the client with the following
minimum time in direct service.
1. Two hours of vocational
activities per day, which must include either a facility or community site
situational assessment in at least two occupational areas. The use
of work samples, contract work and psychometrics is desirable but
optional. The vocational activities shall be provided in a
systematic organized basis for the purpose of determining client
conditions and job objectives in the context of the work environment in
which he or she shall function. Direct observation of the client
within the context of the work environment shall become the basis for the
evaluation.
2. Two hours of related
activities, such as interactional group activities, activities of daily
living, et., per day, which should be consistent with the client's level
of functioning and complement the vocational activities in terms of how
the client's interactional style and related skills development affect the
client's potential for employment and the employment maintenance.
3. Two hours of counseling
a week must be an integral part of the rehabilitation assessment provided
by the facility. It should b directed towards vocational or related
issues which impact on client's progress toward competitive employment.
(d) A rehabilitation
assessment may be authorized up to 10 weeks. The evaluation period
will be completed when one of the following goals is accomplished:
1. Development of a
vocational written rehabilitation plan; or
2. Determination that a
vocational program is not suitable to the client's needs.
(e) The evaluation report
shall include answers to questions such as:
1. Was the client's
originally stated vocational goal realistic? If not, why wasn't it and has
a realistic goal been formulated?
2. Is the client ready for
a transitional work experience or competitive employment? If so,
what occupational area?
3. If the client is not
ready for either of the above, what does the client need for job
readiness?
4. What kind of program
will meet the needs of the client? Is this program addressing the
behavior, attitude and skills assessed during the evaluation and where
might the services best be provided?
5. How do support services
issues such as housing medication, financial, et., impact on the
rehabilitation plan? How is the client's program addressing these
needs?
(f) As a result of th
rehabilitation diagnosis, the agency may decide to discontinue toe
client's program and refer him or her to another appropriate service
through the Division of Vocational Rehabilitation Services counselor.
12:51-9.4 Program
description: rehabilitation plan
(a) The rehabilitation plan
will be formulated with the consumer, the case manager and the DVRS
counselor and will describe the means by which the client will progress
from the present level of skilled performance to the needed level of skill
performance.
(b) Each rehabilitation
plan will specify long-range and short-range goals.
(c) Each goal statement
will describe observable, measurable behavior to be addressed, the
environment in which the behavior occurs, the technique or method to be
used, the measure of effectiveness, and the staff person responsible.
(d) Progress reports will
address each individual short-range goal. The facility shall make
every effort to identify and utilize existing services at other agencies
to assist its clients in realizing their full potential as part of t
rehabilitation plan.
(e) The diagnostic report
will be prepared following the staff conference involving, minimally, the
client, the case manager, and the DVRS counselor conducted at the end of
the eighth week of the diagnostic phase. Th report should arrive at
the DVRS office during the ninth week and will be processed for further
action by the DVRS during the tenth week. If significant information
develops during weeks nine and 10, it should be communicated to DVRS by
phone and a handwritten note will be entered on the diagnostic report by
the responsible counselor.
(f) Any significant
development or event at any time during the rehabilitation process must be
reported immediately to the DVRS counselors.
12:51-9.5 Program
description: vocational development training
(a) Vocational development
training is a process of increasing and extending the individual's
repertoire of performance skills (behaviors) is the physical, emotional
and intellectual areas of functioning for the purpose of providing the
individual with the living, learning and working skills necessary to
function effectively in employment and independently in the community in
spite of his or her psychiatric disability. The process involves
exposure to situational experiences and related activities that enhance
interpersonal interaction, personal attitudes, work habits, skills work
and stress tolerance and motivation.
(b) An agency providing
vocational development training must provide the client with the following
minimum time in direct services:
1. Four hours of vocational
activities per day which may include facility site operations in food
service, janitorial/maintenance, clerical, other services or contract
work.
2. Two hours of related
activity such as interactional group activities, activities of daily
living, etc., per week. These related activities should complement
the vocational activities in terms of improving the client's interactional
style and related skills development so as to affect the client's
potential for employment and employment maintenance.
3. One hour of counseling
per week must be an integral part of vocational development training
provided by the agency. It should be directed towards vocational or
related activities during the initial authorization as long as the
following three criteria are met.
i. The client is on
the job site for a minimum of four hours per day;
ii. There is a work-site
visit by the professional facility staff at least once per week; and
iii. There exists some
related activity at least once per week to maintain the client's
connection with the facility.
(c) Vocational development
training can be authorized initially up to 22 weeks. An initial
eight-week extension can be authorized. This initial extension shall
be utilized with the client participating in transitional work experience
only with justification and concurrence of the DVRS counselor.
(d) During vocational
development training staff conferences are to be held no less than every
six weeks. Written notes of staff conferences will be submitted to
DVRS during he week following the staff conferences. A comprehensive
review of the client's progress will be conducted at the staff conference
two weeks prior to the end of the authorization (approximately week 20 for
a 110-day authorization and week seven for a 40-day authorization).
The same relative schedule for processing will be binding on both parties.
12:51-9.6 Program
description: transitional work experience
(a) Transitional work
experience is a realistic experience in the community that allows the
client to test his or her employment skills in a real work wetting.
This can be either subsidized or unsubsidized an may take the form of the
transitional employment, formal volunteer situations or some
variations. Compliance with all applicable wage and hour regulations
is required.
(b) An agency providing
transitional work experience must provide the client with the following
minimum time in the program:
1. Four hours of
transitional work experience per day;
2. A minimum of one site
visit by an agency professional staff person per week; and
3. Some related activity at
least once per week to maintain the client's connection with the facility.
(c) Transitional work
experience will have had an initial nine-week authorization during
vocational development training. An additional nine weeks of
transitional work experience may be authorized as indicated based on
client progress.
12:51-9.7 Program
description: job maintenance
(a) Job maintenance is a
stabilization process after job placement has occurred to assist the
client in maintaining the job he or she ahs acquired. During this
service, problems that the client and the employer experience can be
resolved with the assistance of the facility professional staff
person. Since service needs in this area will vary, a unit fee
structure will be employed. A unit is a session of individual or
group counseling or a job site visit. They are called units because
n terms of actual staff time expenditure, they would be basically
comparable with three to four hours of time.
(b) An initial 22 units of
job maintenance is provided during the initial 60 working day
period. These units can be utilized in any combination of
individual/group counseling or job site visits. Upon completion of
60 working days and participation by the client and facility professional
staff person in the job maintenance program, a rehabilitation plan will be
submitted to the referring DVRS counselor with one of the following
recommendations.
1. No further maintenance
is needed, therefore, the case can be closed; or
2. An extension e requested
for a maximum of 20 job maintenance units in segments of 10 job
maintenance units.
SUBCHAPTER 10. FEES
12:51-10.1 Establishment
and changes in fees
(a) A fee schedule
consisting of an appropriate fee structure for each classification will be
maintained by the Division of Vocational Rehabilitation Services which
will provide reasonable compensation to the rehabilitation organizations
for services provided.
(b) Each approved program
will be reviewed periodically by the community rehabilitation program
specialist and audit staffs of DVRS for the purpose of determining its
program effectiveness and results, and efficiency and compliance with
applicable laws and regulations. The appropriateness of fees and
other support of funding which an organization receives as it relates to
the costs of its programs will be determined in accordance with principles
and procedures for determining costs promulgated in Federal OMB Circular
1-122 and reported in accordance with Federal OMB Circular A-133,
"Audits of Institutions of Higher Education and Other Nonprofit
Organizations."
(c) In th event that the
total revenues earned from DVRS for these programs are determined by this
review and analysis to exceed the actual cost of these programs by more
than 10 percent during the most recently completed fiscal year, the total
"excess revenues" will be treated as an unabsorbed cost for the
fiscal year and carried-forward and added to the total cost for the
following fiscal year. A cost analysis, including the roll-forward for
these unabsorbed costs, will be completed for the following fiscal
year. A cost analysis, including the roll-forward for these
unabsorbed costs, will be completed for the following fiscal year.
In the event the total DVRS revenue exceed the actual program operating
costs for the second fiscal year and the unabsorbed costs carried-forward
from the preceding fiscal year, an appropriate revision of the fees for
these programs will be considered and implemented upon approval of the
Director of DVRS at that time.
SUBCHAPTER 11. PROGRAM
REQUIREMENTS
12:51-11.1 Program
requirements, existing and new programs
(a) A written narrative
description of all the organization's programs, services and
administrative procedures shall be maintained and made available to
interested parties. This description will be submitted to DVRS by
new organizations applying for program approval as well as existing
organizations whenever changes are made in their programs, services, or
administrative procedures. Effective January 1, 1999, any community
based organization seeking status as a vendor of the Division of the
services regulated by Chapter 51 shall have been in existence providing
the services for which it s seeking approval for a minimum of two years
(24 months) or be able to demonstrate the capacity to provide the service
applied for as a result of providing a similar service or have a history
of being able to implement services successfully.
(b) Services shall be
geared to the development of the client's maximum potential for integrated
employment in a competitive labor market, or for extended employment if
the client's needs are best served in such an environment.
1. To accomplish (b) above,
the following should be provided:
i. Medical, psychological,
social, educational, and vocational history shall be analyzed at the time
of intake. There will be written criteria for procedures for
admissions;
ii. The following kinds of
services should be made available to clients, trainees, and employees:
vocational evaluation, work adjustment training, job cochin, on-the-job
training , skill training, placement and follow up.
(c) An internal system of
program evaluation will be developed which offers continuous information
about the quality of services provided and the outcomes achieved by
persons following their provision.
(d) Services for clients
shall be based upon professional evaluations of the individual's assets,
needs, progress and vocational goal. A written rehabilitation plan
shall be developed with the individual in concert with the case manager
and the DVRS/CBVI counselor.
(e) Professional ethics
will be maintained at all times with respect to confidentiality in the use
of the client's records.
1. These records should
include the following:
i. Completed
program application;
ii. Medical history;
iii. Medical examination
report and work precautions;
iv. Social history
and case information;
v. Psychological
reports and/or psychiatric reports;
vi. Evaluation reports,
prognosis, and summary report and rehabilitation plan;
viii. A summary description
fully setting forth the rasons for non-acceptance or closure of the case;
ix. A written record
of follow-up placement efforts; and
x. A continuous
running record, updated monthly, of client activity.
(f) A current client or
worker manual, or handbook covering services available and personnel
policies, regulations and benefits should be given to each client at the
time of acceptance.
(g) Each certified extended
employee will be evaluated twice a year and appropriate modification will
be made to the client's rehabilitation plan.
(h) Records will be kept
which reflect the productivity of each client worker on a continuing
basis.
(i) The organization will
have plan of placement services for clients who are ready for
employment in the competitive labor market, including an adequate
follow-up program.
(j) The organization ill
evaluate every three years its total program, its coordination with
related rehabilitation programs in the community, the capacity of the
organization for providing services needed in the community, follow-up of
clients served, and the adequacy of the total program. Information
derived from the organization's system of program evaluation should be
utilized in this regard.
(k) The written consent of
the client, guardian, and, if necessary, cooperating agencies shall be
obtained prior to the use o the client for public relations and publicity
purposes.
(l) n organization shall
have a written grievance procedure or distribution to clients, trainees,
and employees, which facilitates receiving and hearing complaints and
discussing problems of a general or specific nature.
(m) All records of both the
client and the program pertaining to DVRS sponsored clients will be made
available to the Division's community rehabilitation program specialist
and/or auditors upon request.
12:51-11.2 Procedure for
program approval
(a) An organization that
wishes to implement new program on a "fee for service: basis
must, besides meeting the criteria of N.J.A.C. 12:51-11.1, assemble the
"Program Request Package," which includes the detailed written
comments of the local office manager and the community rehabilitation
program specialist's written endorsement.
(b) The package shall
contain a detailed program description, cost analysis and fee requests.
(c) A community
rehabilitation program must apply for and be granted a written approval
issued by the Director of the Division of Vocational Rehabilitation
Services upon is or her being satisfied that:
1. There is a need for the
service to be vended; and
2. The community
rehabilitation program is in compliance with the rules and regulations
governing community based vocational rehabilitation organizations.
(d) Letters of approval
will be issued covering several specific service areas including, but not
restricted to:
1. Vocational evaluation;
2. Work adjustment
training;
3. Extended employment;
4. Psycho-social vocational
rehabilitation services;
5. Skill training;
6. Time limited job
coaching; or
7. Supported employment.
SUBCHAPTER 12. STAFF
REQUIREMENTS
12:51-12.1 Staff
requirements, procedures an qualifications
(a) The executive director
will maintain a functional organizational chart which is available at all
times.
(b) The organization will
provide a staff improvement program designed to encourage professional
growth and development of the staff; for example, University Training
Programs. Part of this program should include attendance at
professional conferences each year pertaining to the work of the staff
member, such as Association of Rehabilitation Employment, meetings and
programs which are offered by Cornell University, University of Medicine
an Dentistry of Nw Jersey (UMDNJ), the New Jersey Psychiatric
Rehabilitation Association and the International Center for the Disabled (ICD).
(c) Generally speaking, the
professional and supervisory staff-client ratio should be no more than one
to 12. The staff referred to are those directly involved in services
to the participant. When dealing with th individuals with more
severe disabilities, this ratio should be much less.
(d) Personnel policies,
procedures and practices, and job descriptions must be stated in writing,
a matter of official record, and given to all staff members. Such
personnel codes shall be reviewed annually.
(e) Staff meetings at which
appropriate staff members are present must be held periodically (at least
once per month), and the minutes for every meeting will be kept on file
and distributed for the use of the staff members involved.
(f) The executive director
and the governing body/board will conduct a periodic review of
professional staff salary ranges.
(g) Evidence that the
individuals with disabilities, director and staff actively participate in
interagency and community planning activities should be available.
(h) All staff members will
have an annual written evaluation of their performance.
(i) Minimum qualifications
for staff personnel are:
1. Executive director
should possess:
i. A Bachelor's Degree and
some of the college and university education should have included training
in business administration, personnel management, the social sciences,
industrial engineering, or management:
ii. Three year of
experience in an administrative capacity directing professional, technical
or supervisory personnel. Graduate degree(s) work may be substituted
for two years experience; and
iii. Experience as a staff
member in a rehabilitation program.
2. Supervisor (production)
should possess:
i. A high
school or technical school education or equivalency; and
ii. Supervisory
experience in industrial production.
3. Rehabilitation counselor
should possess a Bachelor's Degree in vocational rehabilitation or related
fields.
4. Bookkeeper should
possess a high school education or business school training in bookkeeping
and/or accounting.
5. Vocational evaluator
should possess an undergraduate degree, with emphasis in the
rehabilitation area, and must attend a DVRS approved training program
within six months of employment. Pos t graduate training in
vocational evaluation may substituted for the DVRS training program.
6. Vocational instructor
should possess:
i.
Accreditation by the New Jersey State Department of Education, or
qualified as a journeyman in his or her field; and
ii. One year's
experience in teaching a trade with teaching experience acceptable to the
Division of Vocational Rehabilitation Services.
7. Director of professional
services should possess:
i. A Master's
Degree in vocational rehabilitation or related field;
ii. At least one ear
of experience in an administrative capacity directing professional,
technical, or supervisory personnel; and
iii. Experience as staff
member in a rehabilitation program.
8. Psychiatrist should
possess board certification.
9. Program director
(psycho-social), who will be responsible or the overall development,
implementation and maintenance of th psycho-social program and may have
direct service responsibility, should possess:
i. A Master's Degree
in vocational rehabilitation or a related field;
ii. At lest three
years' experience, one of which should be n n administrative capacity,
directing professional, technical or supervisory personnel; and
iii. Experience in direct
vocational service with the psychiatric disabilities.
10. Work supervisor
(psycho-social) should possess:
i. A high
school education or equivalent; and
ii. Five year of work
experience in occupational areas similar to those being offered at the
facility. The individual must have a clear understanding of the
demands and expectations in business and industry, particularly related to
the occupational area supervised. The individual must understand the
functional limitations imposed by a psychiatric disability. Any
combination of college or technical school may be substituted for
experience on a year for year basis. College credits should be
within the helping professions.
11. Employment specialist
(psycho-social) should possess:
i. A Bachelor of Arts
degree in human services or a related field; and
ii. Two years experience in
working with individuals with disabilities, particularly with individuals
who have significant psychiatric disabilities. He or she should have
an understanding of the functional limitations imposed by such a
disability and must be familiar with the demands and expectations of
business and industry. Experience in job placement should also be
required.
SUBCHAPTER 13. PHYSICAL
FACILITIES
12:51-13.1
Considerations
(a) If an agency offers on
site services at its facility, it will be designed, located, constructed,
and equipped so as to promote effective conduct of its program and to
protect the safety of its clientele, staff, and equipment.
1. The facility will be
located in a community convenient to main thoroughfares and public
transportation and where there is adequate parking and food service for
clients and staff.
2. The site and size of he
property and building, rented or purchased, will be adequate for the
immediate program and contemplated expansion. It is suggested
space, exclusive of storage space, but including aisles and passageways,
for each client. All ceilings will be a minimum of nine feet in
height. The architectural design of the building if being newly
constructed will provide for maximum flexibility in adapting floor space
and utilities to facilitate operations of the workshop.
3. Private offices, easily
accessible, shall be available for client counseling.
4. Space will be provided
for lavatory facilities of adequate umber, design, and construction to
accommodate individuals with disabilities and will be kept in a clean,
orderly and sanitary manner.
5. Architectural barriers
must be eliminated. A plan for removal of all barriers will be
developed and submitted to DVRS, in accordance with the uniform
Construction Code, N.J.A.C. 5:23-7, Barrier Free Subcode.
6. The facility will
conform to all local, State and Federal codes, regulations, and standards
with respect to health and safety. It shall have regular fire drill
and an evacuation plan and require an annual inspection by the local fire
control agency.
7. The facility will use
criteria similar to that used in industry in determining the type and
amount of labor-saving tools, equipment and machinery to use in the
facility unless there are clearly defined reasons for exceptions in
dealing with specific groups or clients.
8. New construction and
remodeling will be in keeping with present ay industrial design and meet
all building codes. An automatic fie alarm system shall be required.
9. Equipment used in
vocational evaluation will represent the type currently used in
competitive industry and be based on client capabilities and opportunities
in the labor market.
10. Access to suitable
hospital and first-aid facilities will be readily available and at least
one person who is trained in administering first-aid to other required
client-related medical services will be available during all working
hours.
11. All floors will be kept
clean and dry and free of holes or projections which constitute a hazard.
12. The facility will have
at least two exits, exclusive of ladders and elevators and as remote from
each other as possible. It will also provide for adequate lighting
(no less than a 30 candle of illumination in work areas), proper storage
of inflammable material or other supplies, unobstructed and marked aisles
and passageways, and adequate safety inspection and enforcement of safety
regulations.
SUBCHAPTER 14. COMMUNITY
RELATIONS
12:51-14.1 Program
requirements
(a) It is recommended that
the organization cooperate on a continuing basis with all other community
agencies, the New Jersey Association of Rehabilitation Facilities, the New
Jersey Psychiatric Rehabilitation Association, The Association of Persons
in Supported Employment and the appropriate State agencies in defining the
needs of individuals with disabilities, providing services to meet those
needs, and solving problems they have in common.
(b) The organization will
have a well-planned public education program in which all forms of
communication are utilized to encourage understanding, cooperation and
financial assistance from other agencies, as well as civic, religious,
fraternal, business and industrial groups in the community.
(c) Fund-raising practices
will comply the the State and local laws, ordinances and regulations.
(d) Every effort should be
made to maintain liaison with the local labor unions.
(e) The organization will
work closely with the local DVRS office and other referral agencies to
establish and maintain a coordinated system of service delivery for all of
its community's disabled.
(f) The facility will be
responsive to the needs of the community.
(g) In the event o a
lay-off of employees, either professional or extended, DVRS must be
notified immediately.
SUBCHAPTER 15.
PROFESSIONAL ADVISORY COMMITTEE
12:51-15.1 Composition
and purpose
(a) The permanent
Professional Advisory Committee will consist of the Chief of
Rehabilitation Services, the community rehabilitation program specialists
of the Division of Vocational Rehabilitation Services and the New Jersey
Commission for the Blind and Visually Impaired, the President of the New
Jersey Association of Rehabilitation Facilities, representatives of the
Association, the New Jersey Association of Persons in Supported
Employment, the New Jersey Psychiatric Rehabilitation Association and
representatives of other organizations that have a vested interest in DVRS
community rehabilitation program policy.
(b) A professional Advisory
Committee is permanently established to meet at least twice a year to
review the standards of performance and service for vocational
rehabilitation programs. Written minutes of these meetings will be
distributed. A formal report recommending any changes in the
standards will be promulgated no later than six months prior to any
readoption.
(c) Other duties of this
Professional Advisory Committee will consist of assistance in handling
differences of opinion, grievances and/or problems which may arise between
directors of rehabilitation facilities and any private or pubic agencies,
including the New Jersey Division of Vocational Rehabilitation
Services. Those involved in whatever dispute is being mediated will
in all cases be invited to attend the Professional Advisory Committee
meeting.
(d) A report of these
periodic meetings should be made available to the appropriate members of
the New Jersey Association of Rehabilitation Facilities, the New Jersey
Association of Persons in Supported Employment, the New Jersey Psychiatric
Rehabilitation Association, other organizations with a vested interest and
the New Jersey Division of Vocational Rehabilitation Services.
SUBCHAPTER 16. GRANTS
12:51-16.1 Availability
(a) The availability of
grant monies is often difficult to determine. When specific grant
monies are available DVRS will publish this information and inform
organizations of the specific details for application.
(b) In the absence of
specific information on availability of grant monies, organizations are
encouraged to forward their request, via letters of intent, in reasonable
detail, along with tentative budges, to the community rehabilitation
program specialist for their area. It would be advisable to discuss
this material with the local DVRS office prior to submission.
12:51-16.2 Procedure
(a) The community
rehabilitation program specialist will acknowledge receipt of the proposal
and forward it to the DVRS Chief of Rehabilitation Services for community
rehabilitation programs who will maintain a file of proposals.
(b) The Chief of
Rehabilitation Services will, when appropriate, act as facilitator for
those grant requests which show particular merit.
SUBCHAPTER 17. PAYMENT
AND ATTENDANCE POLICY
12:51-17.1 Procedure
(a) All authorization forms
issued for services in rehabilitation programs will be authorized interims
of units of service. A starting date will be stated.
(b) The organization should
notify the local office and be paid for only the nits the client
physically attends the program plus any official commemorative holidays
occurring during the authorized period of service up to a maximum of 13
days in a calendar year. In those instances where the unit of
service is an hourly rate, such as job coaching, only hours actually
delivered will be reimbursed.
(c) DVRS reserves the right
to terminate any authorization by submitting in writing, such a
notification to the organization, giving it five-days notice, giving it
five-days notice.
(d) It is the DVRS
counselor's responsibility to maintain an awareness of the client's
progress in the program and it is the counselor's responsibility to
terminate the program in the event of attendance problems severe enough to
negate the value f the program.
(e) DVRS is interested in
the evaluation of its client's competitive employment. There are
not, within the DVRS contest, excuse absences. Clients whose
attendance does not compare favorably with the industrial norms should not
be represented as having good attendance.
SUBCHAPTER 18.
ACCREDITATION OF REHABILITATION PROGRAMS
12:51-18.1 New Jersey
Division of Vocational Rehabilitation Services
(a) The New Jersey Division
of Vocational Rehabilitation Services (DVRS) has developed, maintained,
and applied standards for approving vocationally oriented rehabilitation
organizations to vend services to DVRS. These standards constitute
the basis for this chapter.
(b) The DVRS maintains a
firm commitment to ensure that quality, meaningful rehabilitation services
will continue to be provide to individuals with disabilities. This
commitment mandates DVRS to:
1. Utilize an accreditation
process that will enable the agency to meet the ever changing demands of
the rehabilitation movement;
2. Utilize the services of
a nationally-recognized voluntary agency that has been established
specifically for accreditation purposes, and operates independently of the
institution it accredits; and
3. utilize an accrediting
body that meets the criteria as an acceptable accreditation authority that
has been adopted by the Council of State Administrators of Vocational
Rehabilitation. (CSAVR).
(c) In order to achieve the
above, community rehabilitation programs which are providing vocational
evaluation, work adjustment training, extended employment, time limited
job coaching and/or supported employment services to clients of DVRS will
apply for accreditation employment services and arrange an on-site survey
by the commission on Accreditation of Rehabilitation Facilities or any
other accrediting boy which meets or exceeds CARF standards no later than
the third year of operation from date of approval by DVRS, or November 8,
1999. Programs are encouraged to submit comprehensive vocational
evaluation services to vend vocational evaluation; employee development
services to vend work adjustment training and extended employment; and
community employment services to vend supported employment and/or time
limited job coaching.
SUBCHAPTER 19.
ELIGIBILITY FOR DVRS SERVICES
12:51-19.1 Client
eligibility
(a) To be eligible for
services from DVRS, an individual must have a physical or mental
disability and require vocational rehabilitation services to prepare for,
enter, engage in, or retain gainful employment.
(b) Referrals are accepted
from all sources and organizations are encourage to refer individuals with
disabilities to DVRS who might benefit from services.
SUBCHAPTER 20. STANDARDS
TO VEND SUPPORTED EMPLOYMENT SERVICES
12:51-20.1 Definitions
The following words and
terms which apply to the supported employment program have the following
meanings unless the context clearly indicates otherwise:
"Competitive
work" means work that at the time of transition is performed weekly
on a full-time basis or on a part-time basis, as determined in each
individualized written rehabilitation plan, and for which an individual is
compensated consistent with the wage standards provided for in the Fair
Labor Standards Act and the New Jersey Wage and Hour Law, N.J.S.A.
34:11-56a et seq..
"Extended
services" means on-going support services and other appropriate
services provided by a State agency, a private nonprofit organization,
employer, or any other appropriate resource, from funds other than funds
received under the basic Vocational Rehabilitation Program, after an
individual with the most severe disabilities has made the transition from
State vocational rehabilitation agency support. New Jersey DVRS has
use the term "long term follow along services" to describe this
element.
"Integrated work
setting" means job sites where either:
1. Most employees are
not disabled; and
2. An individual with the
most severe disabilities interacts on a reguar basis,, in the performance
of job duties, with employees who are not disabled; and
3. If an individual with
the most severe disabilities is part of a distinct work group of only
individuals with disabilities, the work group consists of no more than
eight individuals; or
4. If there are no other
employees or the only other employees are individuals who are part of a
work group as described in paragraph 3 above, an individual with the most
severe disabilities interacts on a regular basis, in the performance of
job duties, with individuals who are not disabled, including members of
the general public.
5. The interaction required
by paragraph 3 and 4 above shall not be satisfied by contact between an
individual with the most severe disabilities and individuals who provide
on-going support services at the job site. This is interpreted to
mean that if the only contact that the work group has in the performance
of its job function is with the person delivering the skills training it
is not integrated work and thus not considered supported employment.
"On-going support
services" means services that are:
1. Needed to support and
maintain an individual with the most severe disabilities in supported
employment.
2. Based on a determination
by the Division of Vocational Rehabilitation Services of the individual's
needs as specified in an individualized written rehabilitation plan; and
3. Furnished by DVRS from
the time of job placement until transition to extended services and,
following transition, 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. On-going support
services must include, at a minimum, twice-monthly monitoring at the work
site of each individual in supported employment to assess employment
stability, unless under special circumstances, especially at the request
of the individual, the individualized written rehabilitation plan provides
for off-site monitoring, and, based upon that assessment, the coordination
or provision of specific services at or away from the work site, that are
needed to maintain employment stability. If off-site monitoring is
determined to be appropriate, it must, at a minimum, consist of two
meetings with the individual and one contact with the employer each month.
On-going support services
consists of:
1. Any particularized
assessment needed to supplement the comprehensive assessment of
rehabilitation needs including such pre-placement services as are
necessary to insure a good employee-job match;
2. The provision of skilled
job trainers who accompany the individual for intensive job skill training
at the work site;
3. Job development and
placement;
4. Social skills training;
5. Regular observation or
supervision of the individual;
6. Follow-up services such
as regular contact with the employers, the individuals, the parents,
family members, guardians, advocates or authorized representatives of the
individuals, and other suitable professional an informed advisors, in
order to reinforce and stabilize the job placement;
7. Facilitation of natural
supports at the worksite;
8. Any other service
identified in the scope of rehabilitation services; and
9. Any service similar to
the foregoing services.
"Supported employment:
means:
1. Competitive work in
integrated work settings for individuals with the most severe
disabilities:
i. For whom
competitive employment has not traditionally occurred or for whom
competitive employment has been interrupted or intermittent as a result of
a severe disability; and
ii. Who, because of the
nature and severity of their disability, need intensive supported
employment services from the designated State unit and extended services
after transition in order to perform this work.
2. Transitional employment
for individuals with the most severe disabilities due to mental illness.
"Supported employment
services" means on-going support services provided by the designated
State unit with funds under this part:
1. For a period not to
exceed 18 months, unless under special circumstances a longer period to
achieve job stabilization has been jointly agreed to by the individual and
the rehabilitation counselor and established in the individualized written
rehabilitation plan, before and individual with the most severe
disabilities makes the transition to extended services; and
2. As discrete
post-employment services following transition in accordance with those
items indicated under "Discrete pos-employment services" listed
under 34 C.F.R. 363.4(c)(3) concerning authorized activities.
"Transitional
employment" means a series of temporary job placements in competitive
work in an integrated work setting with on-going support services for
individuals with the most severe disabilities due to mental illness.
In transitional employment, the provision of on-going support services
must include continuing sequential job placements until job permanency is
achieved.
12:51-20.2
Administrative
(a) The organization shall
develop a mission statement that describes in broad terms the
organization's purpose, whom it serves, and general areas of
service. These must be consistent with the purpose, whom it serves,
and general areas of service. These must be consistent with the
purposes stated in legal documents. It shall be sufficiently broad
to allow for modification of the program in response to community needs,
or the needs of the individuals it serves, and yet specific enough to give
direction to the organization's efforts. It shall reflect the
perspective that persons with disabilities have a right to informed
choices, including integrated community-based employment.
(b) The governance
authority of the organization shall comply with N.J.A.C.
12:51-3.2.
(c) The organization shall
develop an information and communication system that is designed to
promote the effective and efficient management of the organization .
The system of information collection, dissemination and utilization must
be accurate, communicated to appropriate personnel, relevant to the
organization, and timely.
1. Appropriate safeguards
are to be applied to protect confidential administrative records, whether
they are electronically or manually maintained. These safeguards
must include access to records being limited to authorized individuals,
and control so that the locations of all essential records will be known
at any time.
2. The organization shall
develop reports required by the Division of Vocational Rehabilitation
Services which contain relevant employment information. The
organization shall develop procedures for tracking costs.
(d) The organization's
policy shall demonstrate that systems are in place to measure outcomes
including effectiveness, efficiency, and satisfaction of the people served
and comply with CARF standards, Section 1, Article C of the 196 CARF
Standards Manual.
12:51-20.3 Personnel
administration and staff development
(a) The organization's
policy shall reflect its commitment to recruit, manage, develop and retain
appropriate personnel to meet the needs of the people served and
contribute to the accomplishment of the organization's mission in
conformance with CARF, Section 1, Article E.
(b) Professional job
coaches shall have an AA degree in the Human Services or the
rehabilitation related field from an accredited college, or three years of
related experience. If the job coach is to serve individuals whose
primary language is American Sign Language (ASL), the coach shall achieve
a rating of Intermediate in the Sign Communication Proficiency Interview (SCPI).
12:51-20.4 Supported
employment services and community relationships
(a) Supported employment is
employment or employment-related services provided for people with
disabilities within an industrial/business community setting and is
intended to maintain or result in paid employment in the community.
Such services are designed to enable the person served to integrate into
the work place.
(b) Supported employment
services assist persons with disabilities who require ongoing support, on
and/o off the job, in order to choose, obtain, and retain paid employment
in integrated settings.
(c) The organization shall
establish and document relationships with a variety of community groups
impacting upon integrated employment opportunities including local
businesses. This is demonstrated through cooperative agreements,
contracts, and participation in consortia and advisory groups.
(d) The organization should
enhance relationships with community employers through:
1. Providing for close
cooperation between the organization an community employers through such
mechanisms as business advisory councils, membership in community employer
associations, business forums, and/or formal relationships with public and
private schools;
2. Providing onsite job
analysis, consultation, and recommendations for worksite and job
modification, when appropriate;
3. Assisting employers to
identify, modify and/or eliminate architectural, procedural,
instructional/communication, and/or attitudinal barriers to the employment
and advancement of persons with disabilities; and
4. Educating employers
about various disabilities and resulting vocational implications,
assistive devices, job accommodations, services provided by the
organization, incentives to the employer, and current disability-related
legislation affecting the employer.
(e) There shall be clear
lines of communication between supported employment services personnel and
appropriate individuals in the worksite. All persons should have
equal opportunity for reasonable accommodation.
(f) The organization shall
adopt a policy with regard to accepting work opportunities from businesses
experiencing labor disputes.
(g) The organization shall
have a process to actively market supported employment information to
consumers, their families, and interested community groups.
12:51-20.5 Consumer
involvement an empowerment
(a) The organization shall
develop employment opportunities based upon the individual's preferences,
interests, abilities, capabilities and needs. The organization shall
assist the person served to:
1. Understand and manage
the financial and personal impact of supported employment on disability
benefits and other benefits; and
2. Become knowledgeable
about access to, and rights and responsibilities, under such benefits.
(b) The persons served
shall be informed of supported employment service options and policies
regarding transfer and reentry to supported employment services.
(c) Based upon an
assessment which fully involves the consumer and that identifies the
supports the individual shall require in order to participate fully in the
program, the organization shall work with the individual a disability, ad
the Division of Vocational Rehabilitation's Counselor, to develop and
Individualized Written Rehabilitation Plan (IWRP). The organization
providing the long term follow along shall be invited to the planning
meeting.
(d) Issues that contribute
to the development of this plan are choices of the person served, career
planning, and opportunity for job advancement and job changes. Other
items that may be included are short and long term goals and objectives
related to employment, opportunities for integration and independence,
utilization of generic integrated community resources to meet non work
needs, short and long term supports needed (including such supports as
financial resources, natural supports), assistive technology devices and
assistive technology services. Finally, issues involved in the
development of the plan are consideration of ancillary support service if
needed, job satisfaction, and provision for at least semiannual review.
(e) The organization shall
have procedures in place in which the consumer's input, abilities and
capabilities are the primary factors in the development of an individual
supported employment plan, and which can include input from the
individual's representative with the consumer's permission.
(f) There shall be a
process and written procedure for the ongoing review and modification of
the consumer's plan which ensures that the consumer's preferences are
considered and the consumer actively participates in the decision making
process.
(g) The supported
employment organization staff shall demonstrate a significant effort in
providing individual integrated employment opportunities that match the
consumer's occupational objective.
12:51-20.6 Service
design
(a) The organization shall
have a mechanism in place for informing consumers of all supported
employment service options, their outcomes and timeframes for initiation
and completion of service.
(b) Within the
organization's target population(s) as defined by funders, the
organization shall not exclude individual based upon actual or perceived
severity of disability(ies) or multiple needs. The intake and
orientation process should be designed to facilitate the ability of the
person services offered. The person served shall have the
opportunity to clearly understand the purposes of the organization and its
programs and services in response to the person's strengths, abilities,
needs, and preferences.
(c) There shall be clearly
written criteria of entrance/admission to programs. Policies and
procedures shall be established for intake that identify the criteria of
the order of admission for persons awaiting service, and designate the
position(s) responsible for making admission decisions.
(d) If waiting lists are
maintained, procedures shall be in place that provide for adequate
information to identify the person and his or her needs, a periodic review
of the list, the order of selection from the list, and the referral
actions taken.
(e) The supported
employment services offered by the organization shall be customized in
frequency, type and conjunction with the DVRS counselors, and long term
follow along organization personnel involved as outlined in the consumer
driven IWRP.
(f) Communication to family
and/or significant other is at the discretion of the consumer, except for
consumers for whom a guardian has been judicially appointed or who have
properly designated an individual representative.
12:51-20.7 Career
planning and development
(a) Career planning and
development for individuals who are clients of the Division of Vocational
Rehabilitation Services requires the active involvement of the Division's
Rehabilitation Counselor as the goals established and objectives required
become an integral part of the Individualized Written Rehabilitation Plan.
1. The organization shall
utilize an individualized career/vocational process to develop employment
opportunities. This process shall comply with N.J.A.C. 12:51-4.1
(b).
2. The organization shall
utilize a situational assessment process such as job sampling,
internships, transitional employment, volunteer jobs to determine
interest, skills, assistive technology and support needs that the
individual required to achieve those goals shall be specifically written
and approved by the client, organization representative, and
rehabilitation counselor.
3. The career planning an
development process is base upon the individual's interests, preference
and stated goals within the context of the person's whole life
situation. It shall ensure access t th full range of occupational
possibilities.
(b) The supported
employment staff member shall consult with the Division of Vocational
Rehabilitation Counselor and the client in the development of a vocational
goal, short and long term objectives, and issues to be addressed during
the coaching of the client on or off the job, and the methods to be use in
addressing those issues.
(c) When major changes
occur in the person's placement plan, there shall be evidence that such
changes were made with full knowledge and agreement of the person served
and the rehabilitation counselor.
(d) The person's progress towards the
accomplishment of goals is to be analyzed regularly with the active
involvement of the person served, with goals and/or services modified as
needed, and communicated to personnel from the referral source and the
Division of Vocational Rehabilitation Services. The major decision
making body shall be a coordinated team that serves the person and
includes the person served, the rehabilitation counselor, the long term
follow along provider, other significant supporters as identified by the
person served, and the job coach.
(e) The supported employment
organization shall offer a variety of career exploration activities.
12:51-20.8 Job development an
marketing
(a) The organization shall have a
marketing strategic plan that has specific objective related to employment
outcomes which contains strategies for implementation, identification of
staff responsible for the plan and materials which are respectful and
image enhancing.
(b) The organization shall provide
whatever support and training is needed for an individual who chooses to
initiate all or any part of their own job development efforts.
(c) The organization shall provide
whatever support and training is needed for an individual who chooses to
initiate all or any part of their own job development efforts.
(d) The organization shall have a policy
stating its adherence to all State, Federal wage and hour, supported
employment and Americans with Disabilities Act regulations.
12:51-20.9 Employment phases and
support
(a) The organization shall assist the
consumer in benefit planning including accessing Social Security work
incentives such as the PASS and IRWE.
(b) The organization shall provide
support employment services utilizing three support phases:
1. The intensive support phase
immediately after placement, which helps the supported employee to acquire
the physical, intellectual, emotional and social skills needed to perform
the specific job tasks, work routine and personal life activities critical
to employment success;
2. The interim support phase, which is
that period during which the supported employee is assisted to utilize the
physical, intellectual, emotional and social skills whenever needed for
job success, as well as to identify and learn new strategies to overcome
problems that have emerged. The intensity of job specific support
typically decreases and the frequency of an on site interventions
diminishing. Individual and community supports may continue at the
same level or increase in intensity during this phase; and
3. The extended support phase, which
refers to the ongoing assistance the supported employee receives to
strengthen and maintain physical, intellectual, emotional and social
skills and access resources needed to continue successful job
tenure. Service shall be proactive with individual support needs
continually assessed. Job specific supports should be available on
and off the job site and individual/community supports available as
needed.
(c) The supported employment specialist
shall function in a consultative role to employers as needed/requested
including the identification, access and development of natural
supports. These duties shall be contained in the job description and
verified by written notes, reports and brochures, where applicable.
The supported employment specialist shall always respect the
confidentiality of the consume if the consumer requests it.
(d) Through the analysis of the work
culture and other life arenas the supported employment specialist
identifies the existence of and links to resources that are naturally
occurring and shall enhance the success and satisfaction of the
employee. These activities shall be documented in consumer
interview, individual plan, case notes, and on site visits.
(e) The supported employment program
shall have a long term commitment to the employee and shall have a
procedure to support individuals through re-employment, career advancement
and time between jobs. Policy and case notes shall identify contact
with clients at least twice per month
12:51-20 Quality services outcomes
(a) Supported employees shall receive
the same wages and benefits as non-disabled co-workers in similar job
titles.
(b) The organization shall seek jobs for
development in a variety of occupational categories which have
opportunities for advancement, pay increases, benefits and increases in
responsibilities. Employment shall be stable rather than temporary.