PART 557 APPLICATION : Sections Listing

TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: VOCATIONAL REHABILITATION
PART 557 APPLICATION


AUTHORITY: Implementing and authorized by Sections 3(a), (b) and (k) of the Disabled Persons Rehabilitation Act [20 ILCS 2405/3(a), (b) and (k)].

SOURCE: Adopted at 9 Ill. Reg. 8755, effective June 10, 1985; amended at 11 Ill. Reg. 820, effective December 23, 1986; amended at 11 Ill. Reg. 15220, effective August 31, 1987; amended at 12 Ill. Reg. 12099, effective July 7, 1988; amended at 13 Ill. Reg. 16552, effective October 10, 1989; emergency amendment at 17 Ill. Reg. 11654, effective July 1, 1993, for a maximum of 150 days; amended at 17 Ill. Reg. 20341, effective November 15, 1993; amended at 19 Ill. Reg. 1135, effective January 23, 1995; amended at 19 Ill. Reg. 2473, effective February 21, 1995; amended at 19 Ill. Reg. 10706, effective July 11, 1995; recodified from the Department of Rehabilitation Services to the Department of Human Services at 21 Ill. Reg. 9325; amended at 23 Ill. Reg. 484, effective December 28, 1998; amended at 23 Ill. Reg. 12621, effective September 29, 1999; amended at 27 Ill. Reg. 12582, effective July 21, 2003; amended at 28 Ill. Reg. 13756, effective October 1, 2004; amended at 30 Ill. Reg. 7758, effective April 6, 2006; amended at 32 Ill. Reg. 10071, effective June 26, 2008; amended at 34 Ill. Reg. 19020, effective November 22, 2010.

 

Section 557.10  General Applicability

 

Rules contained within this Part are applicable to all Department of Human Services-Division of Rehabilitation Services (DHS-DRS) Vocational Rehabilitation (VR) customers.

 

(Source:  Amended at 32 Ill. Reg. 10071, effective June 26, 2008)

 

Section 557.15  Residency (Repealed)

                                                 

(Source:  Repealed at 34 Ill. Reg. 19020, effective November 22, 2010)

 

Section 557.20  Informed Choice

 

a)         VR customers have the right to be full and active participants in the VR process.  DHS-DRS is committed to making available a variety of resources to assist customers with their planning, problem solving, and decision-making skills.  Customers can use these resources to make informed choices about their goals and services, and they will be given assistance and support throughout the VR process.

 

1)         Through appropriate means of communication, customers will be informed about the availability and scope of informed choice, how it may be exercised, and the availability of auxiliary services for customers with cognitive or other disabilities who require assistance in exercising informed choice.

 

2)         To ensure informed choice, DHS-DRS will provide the customer with information and options regarding:

 

A)        the evaluation and  assessment process;

 

B)        his or her specific employment goal;

 

C)        available trial work experiences;

 

D)        rehabilitation services that are necessary to achieve the employment goal; and

 

E)        service providers who can assist in the process.

 

3)         DHS-DRS will also provide the customer with information that includes:

 

A)        the cost of services;

 

B)        the duration of services;

 

C)        accessibility of services;

 

D)        the qualifications of providers;

 

E)        the types of service offered by providers;

 

F)         the degree to which the services are provided in an integrated setting;

 

G)        the placement rate and the number of successful outcomes a provider has achieved; and

 

H)        as available, information about user satisfaction.

 

b)         The decision-making process for the customer shall take into account the customer's values and characteristics, the availability of resources and alternatives, and the general employment outlook.

 

(Source:  Amended at 34 Ill. Reg. 19020, effective November 22, 2010)

 

Section 557.25  Geographical Customer Assignment

 

a)         VR customers may choose to work with the DHS-DRS office that best meets their needs using the principle of informed choice.  Specialty districts exist for certain types of disabilities and for certain universities.  Customers will be provided with information that will assist them in making an informed choice.  DHS-DRS does not pay for incidental travel to and from any DHS-DRS office.

 

b)         If the customer's case is to be transferred to the DHS-DRS office in the new geographic area, the customer's case shall meet all of the following conditions:

 

1)         The case record indicates VR services are currently being provided or there is a need for future VR services;

 

2)         the customer has been informed of the transfer; and

 

3)         after review by the receiving office, it is confirmed that the customer needs VR services.

 

c)         If the case meets the conditions outlined in subsection (b), the transfer shall be approved by the receiving supervisor.  If the case does not meet these conditions, it should be closed in the current caseload.

 

(Source:  Section 557.20 renumbered to Section 557.25 and amended at 30 Ill. Reg. 7758, effective April 6, 2006)

 

Section 557.30  Application for Vocational Rehabilitation Services  

 

A customer has initiated an application for VR services when the customer or the customer's representative, as appropriate:

 

a)         has provided to DHS-DRS the information necessary to initiate an assessment to determine eligibility and priority for services; and

 

b)         is available to complete the assessment process.

 

(Source:  Amended at 30 Ill. Reg. 7758, effective April 6, 2006)

 

Section 557.40  Parent or Guardian Signature

 

Written consent of a parent or guardian is required to participate in VR services for all customers who:

 

a)         are under 18 years of age, unless emancipated in accordance with the Emancipation of Mature Minors Act [750 ILCS 30]; or

 

b)         are persons for whom a legal guardian has been appointed.

 

(Source:  Amended at 27 Ill. Reg. 12582, effective July 21, 2003)

 

Section 557.50  Assistance in Attaining Necessary Financial Support

 

At the time of application, if it is determined the customer does not have the necessary financial resources to live, and can be expected to be eligible for support from any public or private entity or entities, the rehabilitation counselor/instructor must assist the customer in making application for such benefits.

 

(Source:  Amended at 23 Ill. Reg. 12621, effective September 29, 1999)

 

Section 557.60  Application for Services by DHS-DRS Employees, Individuals Holding Contracts with DHS-DRS, DHS-DRS Advisory Council Members, Family Members of DHS-DRS Employees or Close Friends of DHS-DRS Employees

 

a)         At any time a DHS-DRS employee, an individual holding a contract with DHS-DRS, a DHS-DRS Advisory Council member, a family member of a DHS-DRS employee, or a close friend of a DHS-DRS employee applies for services from DHS-DRS and it is brought to the attention of the employee, the employee must notify the supervisor who shall notify the appropriate Bureau Chief or designee in writing.

 

b)         After review of the situation, the Bureau Chief shall make assignment of the case to an appropriate staff member to ensure propriety of services.

 

c)         For the purpose of this Section, "family member" shall mean spouse, sibling, child, parent, parent-in-law, sibling-in-law, or any other blood relative who resides in the household of the employee or employee's spouse.

 

d)         For the purpose of this Section, "close friend" shall mean any individual who has such a relationship with the employee that would cause a conflict of interest or the appearance of impropriety.

 

e)         Any employee who knows of or suspects that services to another DHS-DRS employee, individual who holds a contract with DHS-DRS, DHS-DRS Advisory Council member, family member of a DHS-DRS employee, or close friend of a DHS-DRS employee has not been reported as required in subsection (a) above shall report the situation to his/her immediate supervisor.  The immediate supervisor must investigate the situation and take appropriate action.  Appropriate action may include reassignment of the case and discipline of the employee violating these requirements if there is evidence the employee knew the individual to be an individual described in subsection (a) above and failed to report the situation.

 

(Source:  Amended at 30 Ill. Reg. 7758, effective April 6, 2006)