2009 California Welfare and Institutions Code - Section 19100-19106 :: Chapter 1. General Provisions

19100.  (a) The department shall provide the services defined and
authorized by this part to individuals with physical or mental
disabilities who are found to be eligible therefor.
   (b) To the maximum extent appropriate, and consistent with federal
law, existing information available from other programs and
providers, particularly information used by education officials and
the United States Social Security Administration, and information
that can be provided by the individual with a disability or the
family of the individual, may be used for purposes of determining
eligibility for vocational rehabilitation services and for choosing
rehabilitation goals, objectives, and services.

19101.  Pursuant to federal law, the department may conduct an
evaluation, when necessary, including, but not limited to, diagnostic
and related services, necessary to determine eligibility for
vocational rehabilitation services and for choosing rehabilitation
goals, objectives, and services.

19102.  Pursuant to federal law, the department shall establish a
priority order to be followed in selecting individuals to whom
vocational rehabilitation services will be provided.

19103.  (a) Any individual with a disability, as defined in Section
19151, who requires vocational rehabilitation services to prepare
for, enter, engage in, or retain gainful employment, is eligible for
services under this chapter.
   (b) For the purposes of Section 19151, it shall be presumed that
an individual can benefit in terms of an employment outcome from
vocational rehabilitation services unless it can be demonstrated by
clear and convincing evidence that the individual is incapable of
doing so.
   (c) Eligibility determinations for vocational rehabilitation
services shall be completed within the timeframes specified in
federal law and, to the extent possible, shall rely upon the
information specified in Section 19100.

19104.  (a) Subject to the limitation of Section 19102 and to the
extent federal funds are available, an individualized written
rehabilitation program shall be developed for each individual
determined to be eligible under this chapter.
   (b) The individualized written rehabilitation program shall do all
of the following:
   (1) Be designed to achieve the employment objective of the
individual, consistent with the unique strengths, resources,
priorities, concerns, abilities, and capabilities of the individual,
and, to the maximum extent appropriate, to include placement in
integrated settings.
   (2) Be jointly developed and agreed upon by the eligible
individual, or when appropriate the individual's parent, family
member, guardian, advocate, or authorized representative, and the
department. In developing the program, the department shall inform
the individual about and involve the individual in choosing among
alternative goals, objectives, available services, entities providing
the services, and the methods used to provide or procure the
services.
   (3) Contain all of the information required by federal law and
regulations, including a statement of the specific vocational goods
and services, as defined in Section 19150, to be provided and the
terms and conditions under which available goods and services will be
provided, to the extent federal funds are available, to the
individual in the most integrated setting.
   (4) To the extent possible, utilize the information specified in
Section 19100.

19104.5.  (a) For the purpose of ensuring, consistent with federal
law, that eligible individuals are given meaningful, informed, and
increased choices in the rehabilitation process, identification of
all of the following shall occur for each eligible individual with
the full participation of that individual:
   (1) Possible alternative employment goals and outcomes that are
consistent with the unique strengths, resources, priorities,
concerns, abilities, and capabilities of the individual.
   (2) The service options that are available to achieve the
employment goals and outcomes selected by the individual.
   (3) For each service selected by the individual, the entities
available to provide those services.
   (b) Choices made by the eligible individual in accordance with
subdivision (a) shall be incorporated into the individual written
rehabilitation program.

19106.  The department shall submit an annual report to the
Legislature to include the following performance data for the prior
year:
   (a) The number of persons who applied for service.
   (b) The number of persons accepted for service.
   (c) The number of persons for whom plans for service were
approved.
   (d) The number of cases closed after acceptance for service:
   (1) Without planned service.
   (2) Unemployed after planned service.
   (3) Employed for at least 60 days after planned service.
   (e) The number of persons served whose cases have been closed and
who are employed by classification of employment objective.
   (f) The number of persons served whose cases have been closed and
who are employed by classification of employment objective in the
rehabilitation plan.
   (g) The costs of service by percentile intervals and total cost
for persons whose cases have been closed and who are unemployed after
planned services.
   (h) The costs of service by percentile interval and total cost for
persons whose cases have been closed and who are employed after
planned services.
   (i) The classification of employment objectives in rehabilitation
plans.
   (j) The classification of employment objectives of persons placed
in employment.
   (k) The number of persons whose vocational objective in their
rehabilitation plan was the same as that in which they became
employed.
   (l) The number employed in a different type of occupation than the
objective in their rehabilitation plan.
   (m) The method by which each person found employment, including:
   (1) Through placement by the rehabilitation counselor or other
department staff.
   (2) By finding his or her own job.
   (3) Through placement by the Employment Development Department.
   (4) Through placement by a training agency.
   (5) Employment by a training agency in on-the-job training.
   (6) Other.
   (n) The average cost and percentile cost distribution of purchased
case services of all persons whose cases have been closed and who
are employed.
   (o) The average cost and percentile cost distribution of all
persons still employed one year after case closure. This information
may be collected on the basis of sample data.
   (p) The average cost of service of cases closed where a person is
employed based on department's total vocational rehabilitation
expenditures. This cost shall be derived from total cost divided by
total number of employed persons.
   (q) The average cost of service based on department's total
vocational rehabilitation expenditures for all persons still employed
one year after case closure. This information may be collected on
the basis of sample data.