1. (a)

   1. (1) An individual is considered an applicant and placed in Status 02 when:

      1. (A) Sufficient information to initiate an assessment is received, through written application or other method; and
      2. (B) The individual is available to complete the assessment process.

   2. (2) If the individual definitely requests to make application or requests services, the individual is placed in Status 02 regardless of method of request, including:

      1. (A) In person;
      2. (B) Written;
      3. (C) Telephone;
      4. (D) Email; or
      5. (E) Internet.
   3. (3) Note. Referrals on application forms from one-stop workforce centers will be accepted as an application for rehabilitation services and placed in Status 02.
   4. (4) The applicant’s completion of the application process for vocational rehabilitation services is sufficient evidence of the individual’s intent to achieve an employment outcome, and no additional demonstration on the part of the applicant is required.
   5. (5) 34 C.F.R. § 361.42(i)(ii)

2. (b) Procedures — Application.

   1. (1) Referrals on one-stop applications will be placed in Status 02.

   2. (2)

      1. (A) The counselor or rehabilitation assistant will complete the Arkansas Rehabilitation Services application.
      2. (B) See Appendix E.

   3. (3) The counselor or rehabilitation assistant will secure a copy of the:

      1. (A) Social Security card;
      2. (B) Driver’s license or picture identification; and
      3. (C) If applicable, a copy of the alien registration.
   4. (4) Secure a copy of proof of insurance, if applicable.
   5. (5) Informed consent if under age eighteen (18).
   6. (6) Complete voter registration form or decline form, if applicable.
   7. (7) The individual will be provided the Arkansas Rehabilitation Services Client Handbook.

   8. (8)

      1. (A) The counselor will discuss the agency’s Substance Free Policy with the applicant and give the applicant a copy of the policy.
      2. (B) See Appendix F.

   9. (9)

      1. (A) The applicant will acknowledge receipt of the policy by signing the Arkansas Rehabilitation Services Substance Free Policy form.
      2. (B) The form will be placed in the individual’s file.
      3. (C) See Appendix F.
   10. (10) See 20 CAR § 835-1001 et seq.
   11. (11) Explanation of CAP/due process.

   12. (12)

       1. (A) For each source where information is needed, the counselor will complete the Authorization for Release of Information Form and secure client’s signature.
       2. (B) See Appendix E-24.

   13. (13)

       1. (A) Begin collecting existing data (medical, psychological, psychiatric, educational, or vocational reports and, if appropriate, Supplemental Security Income/Social Security Disability Insurance verification).
       2. (B) Appropriate information will be attached into the case management system as it is received.

3. (c) Informed choice — Application.

   1. (1) Arkansas Rehabilitation Services will ensure that applicants and eligible individuals or, if appropriate, their representatives are provided information and support services to assist them in exercising informed choice throughout the rehabilitation process.
   2. (2) The counselor will inform each applicant and eligible individual through appropriate modes of communication about the availability of support services for individuals with cognitive or other disabilities who require assistance in exercising informed choice in decisions related to the application process.
   3. (3) Applicants will be given information, or assistance in acquiring the information, to assist in making an informed choice concerning vendors who provide services needed to establish eligibility for VR services.
   4. (4) Counselor judgment and experience must be used to provide the appropriate information, or assistance in acquiring the information, to enable the applicant to make a responsible decision regarding the application process and program of services.
   5. (5) A responsible decision is one that is realistic considering the unique strengths, resources, priorities, concerns, abilities, capabilities, and interests of the applicant that must lead to an employment outcome.
   6. (6) 34 C.F.R. § 361.42.

4. (d) Procedures — Informed choice — Application.

   1. (1) The counselor will maintain a local, regional, and statewide list of vendors who provide services needed to establish eligibility of VR services.
   2. (2) To the extent available, the counselor will provide or assist the applicant in acquiring consumer satisfaction surveys and reports regarding the service providers.
   3. (3) The counselor will provide or assist the applicant in acquiring accreditation, certification, or other information relating to the qualifications of the providers.
   4. (4) The counselor will describe the consequences of assessment outcomes and the effect on the potential eligibility for services for the applicant.
   5. (5) The counselor will document in the case note the specific action taken in the above procedures to assure that informed choice was provided.

   6. (6)

      1. (A) The counselor must be aware of the Ticket to Work Program.
      2. (B) If the individual is a Supplemental Security Income/Social Security Disability Insurance recipient, the counselor must follow guidelines outlined in Ticket to Work in Appendix B.
   7. (7) Complete initial case note.

   8. (8)

      1. (A) Documentation of the need for an extension of time to determine eligibility must be made in the case notes.
      2. (B) The counselor must document the specific period of time for the extension.
      3. (C) If needed, under the heading of 60-Day Extension in the case note record the dates of the extension and specific reasons for the need for an extension of time to determine eligibility.

5. (e) Conflict of interest.

   1. (1) Counselors should make every effort to avoid dual relationships that could impair their professional judgment or appear as a conflict of interest.
   2. (2) Examples of dual relationships include close friends and relatives as consumers or prospective vendors in the community.
   3. (3) If an applicant by virtue of address or day of application or by alphabet, etc., is routinely assigned to a counselor with whom the individual already has a close relationship, the counselor should advise the manager of the relationship.
   4. (4) The manager will review the circumstances and determine if another counselor within the office should serve the case or if referral to another office should be made.
   5. (5) Arkansas Rehabilitation Services policy requires disclosure of any possible conflict of interest or the appearance of a conflict of interest and documentation of the action taken by the manager should be placed in the ECF.

6. (f) Procedures — Conflict of interest.

   1. (1) Document any potential conflict of interest.

   2. (2)

      1. (A) Complete the form Disclosure of Possible Conflict of Interest.
      2. (B) Refer to Appendix E.
   3. (3) Document action taken in the case note.

7. (g) Assessment — Preliminary diagnostic study.

   1. (1)

      1. (A) Arkansas Rehabilitation Services will conduct an assessment to determine eligibility and, if an order of selection is in effect, the individual’s priority for services.
      2. (B) Assistive technology services will be provided if required to complete the assessment.
      3. (C) This assessment will be conducted in the most integrated setting possible, consistent with the individual’s needs and based on the individual’s informed choice.
      4. (D) 34 C.F.R. § 361.42.

   2. (2)

      1. (A) In order to determine whether an individual is eligible for vocational rehabilitation services and the individual's priority under an order of selection for services (if Arkansas Rehabilitation Services is operating under an order of selection), Arkansas Rehabilitation Services must conduct an assessment for determining eligibility and priority for services.
      2. (B) The assessment must be conducted in the most integrated setting possible, consistent with the individual's needs and informed choice.

   3. (3)

      1. (A) The counselor will review existing data before determining what type of assessment is needed.
      2. (B) Based upon counselor judgment, additional assessment may be necessary if the existing data is unavailable, insufficient, or inappropriate in describing the current functioning of the individual.
      3. (C) Trial work experiences, assistive technology devices and services, personal assistance services, and other appropriate support services necessary to determine whether an individual is eligible for services will be provided.

8. (h) Presumptive eligibility for Social Security Disability Insurance/Supplemental Security Income recipients.

   1. (1)

      1. (A) Any applicant who has been determined eligible for Social Security benefits under Title II or Title XVI of the Social Security Act of 1935, 42 U.S.C. § 301 et seq., is presumed eligible in accordance with the provisions under 20 CAR § 835-301(f), SSDI/SSI Eligibility.
      2. (B) No further assessment is necessary for eligibility.
      3. (C) 34 C.F.R. § 361.42.

   2. (2)

      1. (A) If an applicant for vocational rehabilitation services asserts that he or she is eligible for Social Security benefits under Title II or Title XVI of the Social Security Act (and, therefore, is presumed eligible for vocational rehabilitation services under 34 C.F.R. § 361.42(a)(3)(i)(A)), but is unable to provide appropriate evidence, such as an award letter, to support that assertion, Arkansas Rehabilitation Services must verify the applicant's eligibility under Title II or Title XVI of the Social Security Act by contacting the Social Security Administration.
      2. (B) This verification must be made within a reasonable period of time that enables the state unit to determine the applicant's eligibility for vocational rehabilitation services within sixty (60) days of the individual submitting an application for services in accordance with 34 C.F.R. § 361.41(b)(2).

   3. (3) Assessments for eligibility are completed to determine the following:

      1. (A) The applicant has a physical or mental impairment;
      2. (B) The impairment results in a substantial impediment to employment;
      3. (C) A presumption that the applicant can benefit from receiving VR services in terms of an employment outcome; and
      4. (D) The applicant requires VR services to prepare for, enter into, engage in, or retain gainful employment consistent with the applicant’s strengths, resources, priorities, concerns, abilities, capabilities, and informed choice.
   4. (4) 34 C.F.R. § 361.42(a).
   5. (5) Prior to the determination that an individual with a significant disability is incapable of benefiting from VR services in terms of an employment outcome due to the severity of the disability, the agency will provide the opportunity for trial work experience/extended evaluation to demonstrate whether or not there is clear and convincing evidence to support the determination.
   6. (6) Assessments for determining eligibility and priority for order of selection are exempt from economic needs assessment.

9. (i) Procedures — Assessment.

   1. (1)

      1. (A) The counselor will gather information (i.e., medical, psychological, psychiatric, educational, or vocational reports) documenting diagnosis, i.e., with limitations of functional capacities.
      2. (B) Priority must be given to existing information.

   2. (2)

      1. (A) The counselor should secure a signature from the applicant or their representative on the agency Request for Release of Information form in order for reports to be obtained from specific sources.
      2. (B) Examples of medical information that should be requested include:

10. (i) Specialist reports;

    1. (ii) Medical and psychological reports;

       1. (iii) High school transcripts; and

          1. (iv) ACT scores.

    2. (3)

       1. (A) If existing reports do not describe the current functioning of the individual, the counselor may purchase copies of additional medical records, request consultation with the RIDAC consultant, authorize diagnostic services, or refer an applicant for diagnostic services through the agency support until (RIDAC) exercising informed choice.
       2. (B) See Appendix B, Access and Accommodations.
    3. (4) If the case is to be closed at any time during the assessment process, refer to cases closed from Status 00/02 — closed not rehabilitated before/during evaluation, 20 CAR § 835-801.

11. (j) Informed choice — Assessment.

    1. (1)

       1. (A) Arkansas Rehabilitation Services will ensure that applicants and eligible individuals or, if appropriate, their representatives are provided information and support services to assist them in exercising informed choice throughout the rehabilitation process.
       2. (B) The counselor will inform each applicant and eligible individual through appropriate modes of communication about the availability of and opportunities to exercise informed choice, including the availability of support services for individuals with cognitive or other disabilities who require assistance in exercising informed choice in decisions related to the assessment process.
       3. (C) Applicants will be given information, or assistance in acquiring the information, to make an informed choice of vendors who provide assessment services needed to establish eligibility for VR services.

    2. (2)

       1. (A) Counselor judgment and experience must be used to provide the appropriate information, or assistance in acquiring the information, to enable the individual to make a responsible decision regarding the assessment process and the program of services.
       2. (B) A responsible decision is one that is realistic, considering the unique strengths, resources, priorities, concerns, abilities, capabilities, and interest of the individual and that must lead to an employment outcome.
       3. (C) 34 C.F.R. § 361.52.

12. (k) Procedures — Informed choice — Assessment.

    1. (1) The counselor will maintain a local, regional, and statewide list of vendors who provide assessment services needed to establish eligibility for VR services.
    2. (2) To the extent available, the counselor will provide or assist the applicant in acquiring consumer satisfaction surveys and reports regarding the service providers.
    3. (3) The counselor will provide or assist the applicant in acquiring accreditation, certification, or other information relating to the qualification of the providers.
    4. (4) The counselor will describe the consequences of assessment outcomes and the effect on the potential eligibility for services for the individual.
    5. (5) The counselor will make referrals to other consumer, local consumer groups, or disability advisory councils who have relevant information regarding the appropriate assessment.
    6. (6) The counselor will document in the case note the specific action taken in the above procedures to assure that informed choice was provided.

Codification Notes: “CAP” means client assistance program. "VR" means vocational rehabilitation.