South Dakota Advocacy Services Overview

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South Dakota Advocacy Services Overview

• South Dakota Advocacy Services is the
  designated federally funded state Protection and
  Advocacy system for the State of South Dakota.

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Component Programs, Initiating Laws and
Authorities

• Protection and Advocacy Developmental
  Disabilities Program (PADD) 1977
• Developmental Disabilities Assistance Act (42 USC
  Ch. 75 Secs. 6000-6083)
• Client Assistance Program (CAP) 1984
• Vocational Rehabilitation and Rehabilitation
  Services Act (29 USC Ch. 16 Secs. 701-797b)

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Component Programs, Initiating Laws and
Authorities

• Protection and Advocacy for Individuals with
  Mental Illness Program (PAIMI) 1986
• Protection and Advocacy for Mentally Ill
  Individuals Act (42 USC Ch. 114 Secs. 10801-10851)

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Component Programs, Initiating Laws and
Authorities

• Protection and Advocacy of Individual Rights
  Program (PAIR) 1994
• Vocational Rehabilitation and Rehabilitation
  Services Act (29 USC Ch. 16 Secs. 701-797b)
• Protection and Advocacy Assistive Technology
  Program (PAAT) 1994
• Assistive Technology Act of 1998 (29 USC Ch. 31
  Secs. 3001-3012)

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Component Programs, Initiating Laws and
Authorities

• Protection and Advocacy for Beneficiaries of
  Social Security (PABSS) 2001
• Social Security Act as amended by Section 122 of
  Public Law 106-170
• Protection and Advocacy Traumatic Brain Injury
  (PATBI) 2002
• Children's Health Act of 2000, Public Law 104-166

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Mission Statement

• Protect and advocate the rights of South Dakotans
  with disabilities through legal, administrative
  and other remedies.

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Organization Structure

• South Dakota Advocacy Services, (SDAS) is a
  private, non-profit South Dakota corporation. It
  meets current local, state and federal tax
  exemption requirements.

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Organization Structure

• The nine member Board of Directors throughout
  the state have a demonstrated interest in and are
  knowledgeable about disability issues and the
  needs of persons with disabilities, which are
  reflective of the programs administered by South
  Dakota Advocacy Services.

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Organization Structure

• The corporate office is in Pierre. Branch
  offices are located in Rapid City, Yankton and
  Sioux Falls. There are twenty-four staff persons.

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Priorities and Services

• Each component program develops person-centered
  goals, objectives, and priorities with public
  input and participation. Each program provides a
  variety of services addressing the individual
  needs of its eligible clients including
  information and referral to other service
  providers, specialized training and
  representation.

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Specialized Training Initiatives

• Partners in Policymaking Year 15
• Leadership and skill capacity building for
  persons with disabilities and their family
  members.
• Partners in the Process
• Self-skill development for persons receiving
  services.

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Dispute Resolution

• SDAS purposefully strives to resolve issues at
  the lowest possible level, including good faith
  discussion, negotiation, and when appropriate,
  informal and formal mediation. In addition, SDAS
  maintains a dialogue with key entities in the
  state and contacts them to present and discuss
  issues of mutual concern. Administrative and
  legal representations are additional available
  options.

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Collaboration/Participation

• SDAS participates in statute and rule development
  workgroups through various boards, councils, and
  committees across the state Statewide
  Independent Living Council (SILC), Board of
  Vocational Rehabilitation Services, (BVR), Board
  of Service to the Blind and Visually Impaired
  (BSBVI), Rapid City Mayors Committee,

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Collaboration/Participation

• South Dakota Council on Developmental
  Disabilities, Special Education Work Group, South
  Dakota Mental Health Planning and Coordination
  Advisory Council, State Vocational Rehabilitation
  Services Advisory Board and the South Dakota
  University Affiliated Program.

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Oversight

• Fiscal and program oversight and compliance
  analysis is ongoing by our federal funding
  sources.

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Questions about SDAS ??????
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Client Assistance Program

• Services of the Client Assistance Program
  (CAP) are provided on a non-discriminatory basis
  in compliance with Title VI of the Civil Rights
  Act of 1964 and Section 504 of the Rehabilitation
  Act of 1973 as amended.

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Your Needs?

• CAP can assist you with issues related to
  employment.
• CAP can assist you with issues related to your
  independent living needs.
• CAP can assist you by providing information
  regarding available resources, and referring you
  to other appropriate service providers.

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What is the Rehab Act?

• The Public Vocational Rehabilitation (VR)
  Program authorizes multiple programs that provide
  comprehensive and complementary services to
  empower individuals with disabilities to maximize
  employment, economic self-sufficiency,
  independence, and inclusion and integration into
  society. 

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How can the Act help?

• The VR Program is designed to assess the need
  for, coordinate and plan for, and provide or
  secure VR services consistent with the strengths,
  resources, priorities, concerns, abilities,
  capabilities, interests, and informed choice of
  eligible individuals.

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State Vocational Rehabilitation

• State VR agencies provide a comprehensive array
  of services and supports including
• Assessment of eligibility and the need for
• VR services
• Vocational counseling and guidance

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State Vocational Rehabilitation

• Job development and placement services 
• Rehabilitation technology services
• As appropriate, training and post secondary
  education and
• Other services and supports to facilitate
  meaningful participation in employment and
  training services.

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Client Respect

• The program authorized under the Rehabilitation
  Act of 1973, as amended must be carried out in a
  manner consistent with the principles of respect
  for individual dignity, personal responsibility,
  self-determination, and pursuit of meaningful
  careers

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Client Respect

• and must ensure that individuals with
  disabilities and their authorized representatives
  are full partners in the VR process.  Services
  are individualized to meet the needs of the
  applicant/client. 

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Client Assistance Programs Purpose

• (a) Advise and inform clients and client
  applicants of all services and benefits available
  to them through programs authorized under the
  Rehabilitation Act of 1973, as amended (Act)

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• Programs Mandate/Purpose
• (b) Assist and advocate for clients and client
  applicants in their relationships with programs
  providing services to them under the Act and
• (c) Inform individuals with disabilities in the
  state, especially those who traditionally have
  been unserved or underserved, of the services
  available to them under the Act and under Title I
  of the Americans with Disabilities Act (ADA).

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Eligibility for CAP CAPs available scope of
services depends on the individual requesting
assistance, as follows
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• Eligibility for CAP
• (a) Clients and client applicants of programs
  funded under the Act are eligible to receive all
  available CAP services.
• (b) Individuals with disabilities who have an
  issue under Title I of the ADA may be eligible
  for all available CAP services if the problem is
  also connected to a service they are receiving or
  seeking from a program funded under the Act.

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Eligibility for CAP

• If not, these individuals are only eligible to
  receive information and referral services about
  their rights and services available under the Act
  and Title I of the ADA.

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• NOT Eligible for CAP
• (c) Individuals with disabilities who are not
  clients or client applicants of programs funded
  under the Act are eligible to receive only
  information and referral services from CAP
  regarding their rights and benefits available
  under the Act and Title I of the ADA.
• (d) All other individuals in the state are
  eligible to receive only information and referral
  from CAP about CAP.

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Key Regulatory Provisions for CAP 34 CFR
370.3 Eligibility for CAP 34 CFR 370.4 CAP
activities 34 CFR 370.5 Applicable
regulations
32

• 34 CFR 370.3
• 1. 34 CFR 370.3 outlines who is eligible for
  services and information from CAP
• (a) Any client or client applicant is eligible
  for the services described in Section 370.4.
• (b) Any individual with a disability is eligible
  to receive information on the services and
  benefits available to individuals with
  disabilities under the Act and Title I of the ADA.

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• 34 CFR 370.4
• 2. 34 CFR 370.4 sets forth the authorized CAP
  activities
• (a) Funds made available under this part must
• be used for activities consistent with the
  purpose of this program, including

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• 34 CFR 370.4
• (1) Information
• Advising and informing clients, client
  applicants, and individuals with disabilities in
  the state, especially individuals with
  disabilities who have traditionally been unserved
  or underserved by vocational rehabilitation
  programs, of
• (i) All services and benefits available to them
  through programs authorized under the Act and

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• 34 CFR 370.4
• (ii) Their rights in connection with those
  services and
• benefits
• (2) Information
• Informing individuals with disabilities in the
  state, especially individuals with disabilities
  who have traditionally been unserved or
  underserved by vocational rehabilitation
  programs, of the services and benefits available
  to them under Title I of the ADA

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• 34 CFR 370.4
• (3) Representation
• Upon the request of a client or client
  applicant, assisting and advocating on behalf of
  a client and client applicant in his or her
  relationship with projects, programs, and
  community rehabilitation programs that provide
  services under the Act

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• 34 CFR 370.4
• by engaging in individual or systemic advocacy
  and pursuing, or assisting and advocating on
  behalf of a client or client applicant to pursue
  legal, administrative, and other available
  remedies, if necessary

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• 34 CFR 370.4
• (i) To ensure the protection of the rights of
  a client or client applicant under the Act and
• (ii) To facilitate access by individuals with
  disabilities and individuals with disabilities
  who are making transition from public school
  programs to services funded under the Act and

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• 34 CFR 370.4
• (4) Providing information to the public
  concerning CAP.

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Your Rights as a VR Client

• To make meaningful and informed choices.
• To be a partner in the planning of your
  vocational goals and rehabilitation services.
• To apply or reapply for rehabilitation services.

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Your Rights as a VR Client

• To a consultation with your counselor
  before your case is closed.
• To appeal using the informal administrative
  review process, mediation or a fair hearing.
• To be informed of the availability of Client
  Assistance Program.

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Your Rights as an IL Client

• To make meaningful and informed choices.
• Confidentiality of your consumer service record.
• To direct the planning of your independent
  living services.

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Your Rights as an IL Client

• Non-discriminatory provisions of IL services,
  without regard to race, language, sex, age or
  disability.
• Appeal any decision you are in disagreement with
  regarding the provision of independent living
  services.
• To be informed of the availability of CAP.

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Some Roads Have Bumps

• and some do not!
• Challenges and SUCCESSES

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Bumps

• Common issues
• Conflict about services 16 of 42 callers
• Eligibility 12 of 42 callers
• Communication 14 of 42 callers

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The newest bump in the road

• Order of Selection (OOS) VR will be providing
  direct services to those who are most severe
  first.
• South Dakota is one of the last states to
  implement an OOS.

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The newest bump

• Order of Selection
• Vocational Rehabilitation will have to deal
• with some pretty frustrated folks.
• CAP expects a lot of calls.
• CAP will work with the Rehabilitation Agency, and
• will explain client rights under an OSS.

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The smoother path

• Successes
• More persons with disabilities in SD are
• working, they are making a better wage
• and they are working in better jobs.
• BETTER EMPLOYMENT OUTCOMES do not come without a
  lot of effort, collaboration and good program
  management.

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Collaboration of efforts

• CAP staff hold positions on the Board of
• Vocational Rehabilitation (BVR), the
• Board of Services to the Blind and Visually
• Impaired (BSBVI) and on the State
• Independent Living Counsel (SILC).

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Collaboration of efforts

• CAP staff are actively involved in Board
  committees.
• Planning and policy committee
• By-law committee
• Public relations committee
• Participates in Rehabilitation Counsel Training

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MORE collaborative efforts

• CAP staff participate in State VR events
• CAP staff participate in Tribal VR events
• CAP participates in the Veteran Affairs VR
• events

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Questions regarding CAP??

• Thank you for your time!!

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Serving South Dakotans with Disabilities