HAR §17-401.1-21. Specific post-employment services

(a) Post-employment services, as defined in section 17-401.1-2 are one or more of the specific services identified in section 17-401.1-6 that are provided subsequent to the achievement of an employment outcome 89 §17-401.1-21 that are necessary for an eligible individual to maintain, regain, or advance in employment that is consistent with the individual’s strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. (b) Specific post-employment services shall only be provided to individuals who have achieved an employment outcome, under an amended IPE, when the individual requires specific post-employment service to maintain, regain, or advance in employment. The following are examples of when these services may be needed: (1) An individual’s employment is jeopardized because of conflicts with supervisors or co- workers, and the individual needs mental health and counseling services to maintain the employment. (2) An individual’s job is eliminated through reorganization and new placement services are needed. (3) An individual’s employment is no longer consistent with the individual’s strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. (c) Specific post-employment services are intended to ensure that the employment outcome remains consistent with the individual’s strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. (d) Specific post-employment services shall be available to meet rehabilitation needs that do not require a complex and comprehensive provision of services and, thus, shall be limited in scope and duration. If more comprehensive services are required, then a new rehabilitation effort shall be considered. (e) The need for specific post-employment services must be determined during the development and amendment of the IPE, and prior to case closure when the individual has achieved an employment outcome. 90 §17-401.1-21 (1) The IPE for each individual determined eligible must contain, as determined to be necessary, statements concerning: (A) The expected need for post-employment services prior to closing the record of services of an individual who has achieved an employment outcome; (B) A description of the terms and conditions for the provision of any post-employment services; and (C) If appropriate, a statement of how post-employment services will be provided or arranged through other entities. (2) The individual who has achieved an employment outcome must be informed through appropriate modes of communication of the availability of post-employment services prior to case closure. (f) The requirements that apply to the provision of each of the VR services in sections 17-401.1-16 through 17-401.1-33 are also applicable when providing the VR service as a specific post-employment service following achievement of the employment outcome, including the requirements for use of, or exemption from the use of comparable services and benefits and personal resources, or both, as applicable to each service. (g) The following factors shall be considered in terminating post-employment services: (1) Satisfactory remediation of the individual’s problems requiring the services; (2) The individual’s attainment of sufficient independence to function without continuing post-employment services; (3) The individual’s employment appears secure based on continuing suitable work performance, job satisfaction, and acceptance in the job setting; (4) The individual’s employment continues at a suitable level; or 91 §17-401.1-21 (5) The individual’s condition or situation has worsened to the extent that post-employment services cannot maintain the individual in employment. (h) A rehabilitated individual from another state in need of post-employment services in the State shall be handled as a new applicant for services. [Eff AUG 13 2007 ] (Auth: HRS §§347-4, 348-3, 348- 6; 29 U.S.C. §§709, 723; 34 C.F.R. §361.50) (Imp: HRS §§347-4, 348-3, 348-6; 29 U.S.C. §§709, 723; 34 C.F.R. §361.50) §17-401.1-22 Vocational rehabilitation services to family members. (a) Vocational rehabilitation services to family members may be provided to family members, as defined in section 17-401.1-2, of an applicant or eligible individual: (1) During an assessment to determine eligibility for VR services when necessary to enable an applicant to complete the assessment process. (2) When such services are necessary to enable an eligible individual to achieve an employment outcome. (3) As part of a planned program of vocational rehabilitation, including post-employment services to maintain the employment outcome of the individual, in accordance with the individual’s IPE and any amendments. (b) VR services to family members may include only those goods or services which are necessary to the rehabilitation of the individual. (c) VR services to family members are subject to the use of comparable services and benefits provisions of section 17-401.1-13 and the use of personal resources (financial needs test) provisions of section 17-401.1-14 (d) Services to family members shall be terminated when: (1) The service is no longer required by the individual; 92 §17-401.1-23 (2) The service ceases to make a substantial impact on the individual’s vocational rehabilitation program; and (3) Services are terminated and the individual’s record of services is closed. [Eff AUG 13 2007](Auth: HRS §§347-4, 348-3, 348- 6; 29 U.S.C. §§709, 723; 34 C.F.R. §361.50) (Imp: HRS §§347-4, 348-3, 348-6; 29 U.S.C. §§709, 723; 34 C.F.R. §361.50) §17.401.1-23 Maintenance services. (a) Maintenance, as defined in section 17-401.1-2, means monetary support provided to an individual for expenses, such as food, shelter, and clothing, that are in excess of the normal expenses of the individual and that are necessitated by the individual’s participation in an assessment for determining eligibility and VR needs, or the individual’s receipt of VR services under an IPE, or during post-employment services under an amendment to the IPE. (b) Examples of expenses that would meet the definition of maintenance are: (1) The cost of a uniform or other suitable clothing that is required for an individual’s job placement or job seeking activities. (2) The cost of short-term shelter that is required in order for an individual to participate in vocational training at a site that is not within commuting distance of an individual’s home. (3) The initial one-time costs, such as a security deposit or charges for the initiation of utilities, that are required in order for an individual to relocate for a job placement. (c) Maintenance shall be provided to the extent appropriate, when the following criteria are met: (1) The individual is unable to meet the costs of maintenance, in whole or part, that is in excess of the normal expenses of the 93 §17-401.1-23 individual and that are necessitated by the individual’s participation in an assessment for determining eligibility or VR needs or the individual’s receipt of VR services under an IPE. (A) The division has determined in accordance with section 17-401.1-13, that comparable services and benefits are not available, or can meet only part of the costs for the required services. (B) The division has determined in accordance with section 17-401.1-14, that the individual or, as appropriate, the individual’s family, lacks the personal resources to meet the costs for required services, or can meet only part of the costs for required services. (2) The maintenance allowance does not duplicate a similar allowance provided to the individual in the individual’s public assistance grant. (d) The following conditions shall govern the amount of money maintenance allowable: (1) The amount of maintenance for goods and services such as costs of a uniform or other suitable clothing for job placement or job seeking activities shall be based on the lowest cost for comparable goods and services in accordance with section 17- 400.1-10. (2) The amount of maintenance for short-term shelter costs required for an individual to participate in training at a site that is not within the commuting distance of an individual’s home shall be based on the travel per diem rates used for State employees in the BU-13 collective bargaining agreement. 94 §17-401.1-23 (3) The amount of maintenance for one-time costs, such as a security deposit or charges for the initiation of utilities required for an individual to relocate for a job placement shall be based on the minimum cost required. (4) Amounts and duration of maintenance expenses shall be documented in the IPE. The division’s record of services for the individual shall contain written justification of the following: (A) The need for maintenance services in accordance with this section. (B) Unusual duration or conditions attached to the maintenance service. (C) Any exceptions applied to allowance amounts in accordance with sections 17- 400.1-10 and 17-400.1-11. (5) Money maintenance allowances shall be paid by purchase order authorized by the division. (A) Purchase orders for more than one month shall be authorized and used when the primary services being supported can be expected to last more than one month. (B) The duration of the purchase order shall depend upon the expected duration of the concurrent primary service. (C) Purchase orders cannot be extended beyond June 30. A new purchase order is needed for each fiscal year. (D) The purchase order shall be prepared initially so as to enable the individual to receive the money maintenance allowance on the first day of participation in the concurrent primary service, when applicable. [Eff AUG 13 2007 ] (Auth: HRS §§347-4, 348-3, 348-6; 29 U.S.C. §§709, 723; 34 C.F.R. §361.50) (Imp: HRS §§347-4, 95