South Dakota South Dakota Advocacy Advocacy

Services OverviewServices Overview

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

Component Programs, Component Programs, Initiating Laws and Initiating Laws and

AuthoritiesAuthorities::

• Protection and Advocacy Developmental Protection and Advocacy Developmental Disabilities Program (PADD) 1977Disabilities Program (PADD) 1977– Developmental Disabilities Assistance Developmental Disabilities Assistance

Act (42 USC Ch. 75 Secs. 6000-6083)Act (42 USC Ch. 75 Secs. 6000-6083)

• Client Assistance Program (CAP) 1984Client Assistance Program (CAP) 1984– Vocational Rehabilitation and Vocational Rehabilitation and

Rehabilitation Services Act (29 USC Ch. Rehabilitation Services Act (29 USC Ch. 16 Secs. 701-797b)16 Secs. 701-797b)

Component Programs, Component Programs, Initiating Laws and Initiating Laws and

AuthoritiesAuthorities::

• Protection and Advocacy for Protection and Advocacy for Individuals with Mental Illness Individuals with Mental Illness Program (PAIMI) 1986 –Program (PAIMI) 1986 –

• Protection and Advocacy for Protection and Advocacy for Mentally Ill Individuals Act (42 Mentally Ill Individuals Act (42 USC Ch. 114 Secs. 10801-USC Ch. 114 Secs. 10801-10851)10851)

Component Programs, Component Programs, Initiating Laws and Initiating Laws and

AuthoritiesAuthorities::• Protection and Advocacy of Individual Protection and Advocacy of Individual

Rights Program (PAIR) 1994Rights Program (PAIR) 1994– Vocational Rehabilitation and Vocational Rehabilitation and

Rehabilitation Services Act (29 USC Rehabilitation Services Act (29 USC Ch. 16 Secs. 701-797b)Ch. 16 Secs. 701-797b)

• Protection and Advocacy Assistive Protection and Advocacy Assistive Technology Program (PAAT) 1994Technology Program (PAAT) 1994– Assistive Technology Act of 1998 Assistive Technology Act of 1998

(29 USC Ch. 31 Secs. 3001-3012)(29 USC Ch. 31 Secs. 3001-3012)

Component Programs, Component Programs, Initiating Laws and Initiating Laws and

AuthoritiesAuthorities::• Protection and Advocacy for Protection and Advocacy for

Beneficiaries of Social Security (PABSS) Beneficiaries of Social Security (PABSS) 20012001– Social Security Act as amended by Social Security Act as amended by

Section 122 of Public Law 106-170Section 122 of Public Law 106-170

• Protection and Advocacy Traumatic Protection and Advocacy Traumatic Brain Injury (PATBI) 2002Brain Injury (PATBI) 2002– Children's Health Act of 2000, Public Children's Health Act of 2000, Public

Law 104-166Law 104-166

MMission ission StatementStatement::

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

Organization Structure:Organization Structure:

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

Organization Organization Structure:Structure:

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

Organization Structure:Organization Structure:

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

Priorities and ServicesPriorities and Services::

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

Specialized Training Specialized Training Initiatives:Initiatives:

• Partners in PolicymakingPartners in Policymaking: Year 15: Year 15

Leadership and skill capacity building Leadership and skill capacity building for persons with disabilities and their for persons with disabilities and their family members.family members.

• Partners in the ProcessPartners in the Process::

Self-skill development for persons Self-skill development for persons receiving services.receiving services.

Dispute Resolution:Dispute Resolution:

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

Collaboration/Collaboration/Participation:Participation:

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

Collaboration/Collaboration/ParticipationParticipation::

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

Oversight:Oversight:

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

Questions about Questions about SDAS ??????SDAS ??????

Client Assistance ProgramClient Assistance Program

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

Your Needs?Your Needs?

• CAP can assist you with issues related to CAP can assist you with issues related to employment.employment.

• CAP can assist you with issues related to CAP can assist you with issues related to your independent living needs.your independent living needs.

• CAP can assist you by providing information CAP can assist you by providing information regarding available resources, and referring regarding available resources, and referring you to other appropriate service providers.you to other appropriate service providers.

What is the Rehab Act?What is the Rehab Act?

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

How can the Act help?How can the Act help?

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

State Vocational State Vocational RehabilitationRehabilitation

• State VR agencies provide a comprehensive State VR agencies provide a comprehensive array of services and supports including: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 State Vocational RehabilitationRehabilitation

• Job development and placement services;  Job development and placement services; 

• Rehabilitation technology services; Rehabilitation technology services;

• As appropriate, training and post secondary As appropriate, training and post secondary education; and education; and

• Other services and supports to facilitate Other services and supports to facilitate meaningful participation in employment and meaningful participation in employment and training services.training services.

Client RespectClient Respect

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

Client RespectClient Respect

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

Client Assistance Program’s Client Assistance Program’s PurposePurpose

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

Program’s Mandate/PurposeProgram’s Mandate/Purpose

(b) Assist and advocate for clients and client (b) Assist and advocate for clients and client applicants in their relationships with applicants in their relationships with programs providing services to them under programs providing services to them under the Act; and the Act; and

(c)(c) Inform individuals with disabilities in the Inform individuals with disabilities in the state, especially those who traditionally have state, especially those who traditionally have been unserved or underserved, of the been unserved or underserved, of the services available to them under the Act and services available to them under the Act and under Title I of the Americans with under Title I of the Americans with Disabilities Act (ADA).Disabilities Act (ADA).

Eligibility for CAP: Eligibility for CAP:

CAP’s available scope of services depends CAP’s available scope of services depends on the individual requesting assistance, as on the individual requesting assistance, as

follows:follows:

Eligibility for CAPEligibility for CAP

(a)(a) Clients and client applicants of programs Clients and client applicants of programs funded under the Act are eligible to receive all funded under the Act are eligible to receive all available CAP services.available CAP services.

(b)(b) Individuals with disabilities who have an Individuals with disabilities who have an issue under Title I of the ADA may be eligible issue under Title I of the ADA may be eligible for all available CAP services if the problem is for all available CAP services if the problem is also connected to a service they are receiving also connected to a service they are receiving or seeking from a program funded under the or seeking from a program funded under the Act. Act.

Eligibility for CAPEligibility for CAP

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

NOT Eligible for CAPNOT Eligible for CAP

(c)(c) Individuals with disabilities who are Individuals with disabilities who are not clients or client applicants of not clients or client applicants of programs funded under the Act are programs funded under the Act are eligible to receive only information and eligible to receive only information and referral services from CAP regarding their referral services from CAP regarding their rights and benefits available under the rights and benefits available under the Act and Title I of the ADA.Act and Title I of the ADA.

(d)(d) All other individuals in the state are All other individuals in the state are eligible to receive only information and eligible to receive only information and referral from CAP about CAP. referral from CAP about CAP.

Key Regulatory Provisions for Key Regulatory Provisions for CAP: CAP:

34 CFR 370.3 – 34 CFR 370.3 – Eligibility for CAPEligibility for CAP

34 CFR 370.4 – 34 CFR 370.4 – CAP activitiesCAP activities

34 CFR 370.5 – 34 CFR 370.5 – Applicable Applicable regulationsregulations

34 CFR 370.334 CFR 370.3

1.1. 34 CFR 370.3 outlines who is eligible 34 CFR 370.3 outlines who is eligible for services and information from CAP:for services and information from CAP:

(a)(a) Any client or client applicant is eligible Any client or client applicant is eligible for the services described in Section 370.4.for the services described in Section 370.4.

(b)(b) Any individual with a disability is Any individual with a disability is eligible to receive information on the eligible to receive information on the services and benefits available to services and benefits available to individuals with disabilities under the Act individuals with disabilities under the Act and Title I of the ADA.and Title I of the ADA.

34 CFR 370.434 CFR 370.4

2.2. 34 CFR 370.4 sets forth the 34 CFR 370.4 sets forth the authorized CAP activities:authorized CAP activities:

(a)(a) Funds made available under this part Funds made available under this part must must

be used for activities consistent with the be used for activities consistent with the purpose of this program, including:purpose of this program, including:

34 CFR 370.434 CFR 370.4

(1)(1) InformationInformation

Advising and informing clients, client applicants, Advising and informing clients, client applicants, and individuals with disabilities in the state, and individuals with disabilities in the state, especially individuals with disabilities who have especially individuals with disabilities who have traditionally been unserved or underserved by traditionally been unserved or underserved by vocational rehabilitation programs, of:vocational rehabilitation programs, of:

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

34 CFR 370.434 CFR 370.4

(ii) Their rights in connection with those services (ii) Their rights in connection with those services and and

benefits;benefits;

(2)(2) InformationInformation

Informing individuals with disabilities in the state, Informing individuals with disabilities in the state, especially individuals with disabilities who have especially individuals with disabilities who have traditionally been unserved or underserved by traditionally been unserved or underserved by vocational rehabilitation programs, of the services vocational rehabilitation programs, of the services and benefits available to them under Title I of the and benefits available to them under Title I of the ADA; ADA;

34 CFR 370.434 CFR 370.4

(3)(3) RepresentationRepresentation

Upon the request of a client or client Upon the request of a client or client applicant, assisting and advocating on applicant, assisting and advocating on behalf of a client and client applicant in behalf of a client and client applicant in his or her relationship with projects, his or her relationship with projects, programs, and community rehabilitation programs, and community rehabilitation programs that provide services under the programs that provide services under the Act…Act…

34 CFR 370.434 CFR 370.4

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

34 CFR 370.434 CFR 370.4

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

(ii)(ii) To facilitate access by individuals To facilitate access by individuals with disabilities and individuals with with disabilities and individuals with disabilities who are making transition disabilities who are making transition from public school programs to services from public school programs to services funded under the Act; and… funded under the Act; and…

34 CFR 370.434 CFR 370.4

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

Your Rights as a VR ClientYour Rights as a VR Client

• To make meaningful and informed To make meaningful and informed choices.choices.

• To be a partner in the planning of your To be a partner in the planning of your vocational goals and rehabilitation vocational goals and rehabilitation services.services.

• To apply or reapply for rehabilitation To apply or reapply for rehabilitation services.services.

Your Rights as a VR ClientYour Rights as a VR Client

• To a consultation with your counselor To a consultation with your counselor before your case is closed.before your case is closed.

• To appeal using the informal administrative To appeal using the informal administrative review process, mediation or a fair hearing.review process, mediation or a fair hearing.

• To be informed of the availability of Client To be informed of the availability of Client Assistance Program.Assistance Program.

Your Rights as an IL ClientYour Rights as an IL Client

• To make meaningful and informed To make meaningful and informed choices.choices.

• Confidentiality of your consumer service Confidentiality of your consumer service record.record.

• To direct the planning of your To direct the planning of your independent living services.independent living services.

Your Rights as an IL ClientYour Rights as an IL Client

• Non-discriminatory provisions of IL Non-discriminatory provisions of IL services, without regard to race, services, without regard to race, language, sex, age or disability.language, sex, age or disability.

• Appeal any decision you are in Appeal any decision you are in disagreement with regarding the disagreement with regarding the provision of independent living services.provision of independent living services.

• To be informed of the availability of To be informed of the availability of CAP.CAP.

Some Roads Have Bumps …Some Roads Have Bumps …

and some do not!and some do not!

Challenges and SUCCESSESChallenges and SUCCESSES

BumpsBumps

Common issues:Common issues:

• Conflict about services – 16 of 42 callersConflict about services – 16 of 42 callers

• Eligibility – 12 of 42 callersEligibility – 12 of 42 callers

• Communication – 14 of 42 callersCommunication – 14 of 42 callers

The newest bump in the The newest bump in the roadroad

Order of Selection (OOS)Order of Selection (OOS) – VR will – VR will be providing direct services to those be providing direct services to those who are most severe first.who are most severe first.

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

The newest bumpThe newest bumpOrder of SelectionOrder of Selection

Vocational Rehabilitation will have to dealVocational Rehabilitation will have to deal

with some pretty frustrated folks.with some pretty frustrated folks.

CAP expects a lot of calls.CAP expects a lot of calls.

CAP will work with the Rehabilitation CAP will work with the Rehabilitation Agency, andAgency, and

will explain client rights under an OSS.will explain client rights under an OSS.

The smoother pathThe smoother path

SuccessesSuccesses

More persons with disabilities in SD areMore persons with disabilities in SD areworking, they are making a better wageworking, they are making a better wageand they are working in better jobs.and they are working in better jobs.

BETTER EMPLOYMENT OUTCOMES do not BETTER EMPLOYMENT OUTCOMES do not come without a lot of effort, collaboration come without a lot of effort, collaboration and good program management.and good program management.

Collaboration of effortsCollaboration of efforts

CAP staff hold positions on the Board CAP staff hold positions on the Board ofof

Vocational Rehabilitation (BVR), theVocational Rehabilitation (BVR), the

Board of Services to the Blind and Board of Services to the Blind and Visually Visually

Impaired (BSBVI) and on the StateImpaired (BSBVI) and on the State

Independent Living Counsel (SILC).Independent Living Counsel (SILC).

Collaboration of effortsCollaboration of efforts

CAP staff are actively involved in CAP staff are actively involved in Board committees.Board committees.

• Planning and policy committeePlanning and policy committee

• By-law committeeBy-law committee

• Public relations committeePublic relations committee

• Participates in Rehabilitation Counsel Participates in Rehabilitation Counsel TrainingTraining

MORE collaborative effortsMORE collaborative efforts

CAP staff participate in State VR eventsCAP staff participate in State VR events

CAP staff participate in Tribal VR eventsCAP staff participate in Tribal VR events

CAP participates in the Veteran Affairs VR CAP participates in the Veteran Affairs VR

eventsevents

Questions regarding CAP??Questions regarding CAP??

Thank you for your time!!Thank you for your time!!

Serving South Dakotans with Serving South Dakotans with DisabilitiesDisabilities

Pierre Sioux Falls Rapid City Yankton 221 South Central 2121 W. 63rd Place 1575 LaCrosse St. 1719 Broadway Pierre, SD 57501 Sioux Falls, SD 57108 Rapid City, SD 57701 Yankton, SD 57078 (605) 224-8294 (605) 361-7438 (605) 342-2575 (605) 665-5616

1-800-658-4782

www.sdadvocacy.com