(b)

1. (1) Services may be provided under this title to any individual whose ability to engage or continue in employment, or whose ability to function independently in the family or community is so limited by the severity of the disability that vocational or comprehensive rehabilitation services are required to significantly improve either the ability to function independently in the family or community.
2. (2) Priority of services under this part shall be given to individuals not served by other provisions of the Rehabilitation Act of 1973.

(c)

1. (1) The term “comprehensive services for independent living” means any appropriate vocational rehabilitation service (as defined under Title I of the Rehabilitation Act of 1973) and any other available service that will enhance the ability of an individual with disabilities to live independently and function within the family and community and, if appropriate, secure and maintain appropriate employment.
2. (2) An individual’s eligibility for ILRS services is based in part on the expectation that the individual will be present and able to participate in services.

3. (3)

   1. (A) If/when an individual is in an institution at the time of referral or enters an institution after they have applied for services, the counselor may conclude that the person will not be available to take part in a rehabilitation program and will affect the individual’s ability to meet the reasonable expectation that ILRS may significantly assist to improve his or her ability to function independently in family or community.
   2. (B) The projected length of stay in the institution is another concern of the counselor and will need to be taken into consideration.
   3. (C) Examples of long-term institutional stay would be:

(i) Home placements;

1. (ii) Human development centers;

   1. (iii) Prisons;

      1. (iv) Nursing homes; and
      2. (v) Psychiatric hospitals.