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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 de