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

Component Programs, Initiating Laws and Authorities: Protection and Advocacy Developmental Disabilities Program (PADD) 1977 Protection and Advocacy Developmental Disabilities Program (PADD) 1977 –Developmental Disabilities Assistance Act (42 USC Ch. 75 Secs ) Client Assistance Program (CAP) 1984 Client Assistance Program (CAP) 1984 –Vocational Rehabilitation and Rehabilitation Services Act (29 USC Ch. 16 Secs b)

Component Programs, Initiating Laws and Authorities: Protection and Advocacy for Individuals with Mental Illness Program (PAIMI) 1986 – Protection and Advocacy for Individuals with Mental Illness Program (PAIMI) 1986 – Protection and Advocacy for Mentally Ill Individuals Act (42 USC Ch. 114 Secs ) Protection and Advocacy for Mentally Ill Individuals Act (42 USC Ch. 114 Secs )

Component Programs, Initiating Laws and Authorities: Protection and Advocacy of Individual Rights Program (PAIR) 1994 Protection and Advocacy of Individual Rights Program (PAIR) 1994 –Vocational Rehabilitation and Rehabilitation Services Act (29 USC Ch. 16 Secs b) Protection and Advocacy Assistive Technology Program (PAAT) 1994 Protection and Advocacy Assistive Technology Program (PAAT) 1994 –Assistive Technology Act of 1998 (29 USC Ch. 31 Secs )

Component Programs, Initiating Laws and Authorities: Protection and Advocacy for Beneficiaries of Social Security (PABSS) 2001 Protection and Advocacy for Beneficiaries of Social Security (PABSS) 2001 –Social Security Act as amended by Section 122 of Public Law Protection and Advocacy Traumatic Brain Injury (PATBI) 2002 Protection and Advocacy Traumatic Brain Injury (PATBI) 2002 –Children's Health Act of 2000, Public Law

M ission Statement : Protect and advocate the rights of South Dakotans with disabilities through legal, administrative and other remedies.

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.

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.

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.

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.

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

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.

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 Mayor’s Committee,

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.

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

Questions about SDAS ??????

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. 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.

Your Needs? CAP can assist you with issues related to employment. 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 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. CAP can assist you by providing information regarding available resources, and referring you to other appropriate service providers.

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. 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.

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.

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

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

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…

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. 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.

Client Assistance Program’s 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);

Program’s Mandate/Purpose (b) Assist and advocate for clients and client applicants in their relationships with programs providing services to them under the Act; and (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).

Eligibility for CAP: CAP’s available scope of services depends on the individual requesting assistance, as follows:

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.

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.

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.

Key Regulatory Provisions for CAP: 34 CFR – Eligibility for CAP 34 CFR – CAP activities 34 CFR – Applicable regulations

34 CFR CFR CFR outlines who is eligible for services and information from CAP: 1.34 CFR outlines who is eligible for services and information from CAP: (a)Any client or client applicant is eligible for the services described in Section (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.

34 CFR CFR CFR sets forth the authorized CAP activities: 2.34 CFR 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:

34 CFR CFR (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: 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 (i)All services and benefits available to them through programs authorized under the Act; and

34 CFR CFR (ii) Their rights in connection with those services and (ii) Their rights in connection with those services and benefits; 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;

34 CFR (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… 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…

34 CFR CFR 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: 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:

34 CFR CFR (i)To ensure the protection of the rights of a client or client applicant under the Act; and (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…

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

Your Rights as a VR Client To make meaningful and informed choices. To make meaningful and informed choices. To be a partner in the planning of your vocational goals and rehabilitation services. To be a partner in the planning of your vocational goals and rehabilitation services. To apply or reapply for rehabilitation services. To apply or reapply for rehabilitation services.

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

Your Rights as an IL Client To make meaningful and informed choices. To make meaningful and informed choices. Confidentiality of your consumer service record. Confidentiality of your consumer service record. To direct the planning of your independent living services. To direct the planning of your independent living services.

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

Some Roads Have Bumps … and some do not! Challenges and SUCCESSES

Bumps Common issues: Conflict about services – 16 of 42 callers Conflict about services – 16 of 42 callers Eligibility – 12 of 42 callers Eligibility – 12 of 42 callers Communication – 14 of 42 callers Communication – 14 of 42 callers

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. South Dakota is one of the last states to implement an OOS.

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.

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.

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).

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

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 events

Questions regarding CAP?? Thank you for your time!!

Serving South Dakotans with Disabilities