Section 50. Ineligibility

A. A DSU may carry out the functions and responsibilities described in this section, except as otherwise provided, or may delegate them to the appropriate service provider with which the DSU subgrants or contracts to provide IL services. If a determination is made that an applicant for IL services is not an individual with a significant disability, the service provider shall provide documentation of the ineligibility determination that is dated and signed by an appropriate staff member.

1. The service provider may determine an applicant to be ineligible for IL services only after full consultation with the applicant or, if the applicant chooses, the applicant's parent, guardian, or other legally authorized advocate or representative, or after providing a clear opportunity for this consultation.

2. The service provider shall notify the applicant in writing of the action taken and inform the applicant or, if the applicant chooses, the applicant's parent, guardian, or other legally authorized advocate or representative, of the applicant's rights and the means by which the applicant may appeal the action taken.

3. The service provider shall provide a detailed explanation of the availability and purposes of the Client Assistance Program established within Virginia under § 112 of the Act, including information on how to contact the program.

4. If appropriate, the service provider shall refer the applicant to other agencies and facilities, including the state's vocational rehabilitation program under Title I (29 USC § 701 et seq.) of the Act.

B. If an applicant for IL services has been found ineligible, the service provider shall review the applicant's ineligibility at least once within 12 months after the ineligibility determination has been made and whenever the service provider determines that the applicant's status has materially changed. The review need not be conducted in situations where the applicant has refused the review, the applicant is no longer present in Virginia, or the applicant's whereabouts are unknown.

Historical Notes

Derived from VR595-02-1 § 5, eff. November 1, 1987; amended, Volume 20, Issue 09, eff. February 11, 2004.

Statutory Authority

§ 51.5-14 of the Code of Virginia.