[REVISED: 4/1/14] 
 

1. Referral of Workers’ Compensation cases is appropriate. 
   
   
2. Vocational rehabilitation services may include vocational evaluation, counseling, job coaching, job development, job placement, on-the-job training, education, and retraining.
   
   
3. Those vocational rehabilitation services that involve the exercise of professional judgment (as defined in Chapter 35 of Title § 54.1-3510 of the Code of Virginia) shall be provided by a:
   
   
   1. Certified Rehabilitation Provider (CRP) (per Chapter 35 of Title § 54.1-3510 of the Code of Virginia), or
      
      
   2. person licensed by the Boards of Counseling; Medicine; Nursing; Optometry; Psychology; or Social Work (per Chapter 35 of Title § 54.1-3513 of the Code of Virginia) or, 
      
      
   3. Certified Rehabilitation Counselor (CRC) certified by the Commission on Rehabilitation Counselor Certification (per Chapter 35 of Title § 54.1-3513 of the Code of Virginia), or
      
      
   4. Certified Vocational Evaluation Specialist (CVE) certified by the Commission on Certification of Work Adjustment and Vocational Evaluation Specialists (Chapter 35 of Title § 54.1-3513 of the Code of Virginia). 

1. Required documentation. 
   To complete the application process, non-U.S. citizens are required (source: USCIS National Customer Service Center and Form I-9; Rev with information from USCIS website as of 8/7/2009) to submit for their case record a copy of:
   

   any one unexpired document from List A to establish both identity and work eligibility:
   
   List A - Identity and Work Eligibility: 

   U.S. Passport or U.S. Passport Card; foreign passport with I-551 stamp, or with I-551 printed notation on machine-readable immigrant visa, or with attached USCIS form I-94 (or I-94A) indicating unexpired employment authorization and non-immigrant status; Permanent Resident Card or Alien Registration Receipt Card with photograph USCIS form I-551; Employment Authorization Document with photograph USCIS form I-766. 
   

   OR any one document from List B and any one document from List C:

   List B - Identification.
   One unexpired document from List B Identification: Canadian or U.S. driver’s license or DMV ID card or U.S. government-issued (federal, state, or local) ID card or school ID card or military dependent’s ID card — these ID cards must have a photograph or physical description; voter’s registration card; U.S. military card or draft record; U.S. Coast Guard Merchant Mariner Card; or Native American tribal document. Persons under age 18 may present a school/clinic/hospital/doctor/day care/nursery school record, or school report card as identification if none of the above are applicable, and 
   

   List C - Work Eligibility.
   And one document from List C Work Eligibility: U.S. Social Security card (other than card stating it is not valid for employment); Certification of Birth Abroad issued by the U.S. Department of State form FS-545; Certification of Report of Birth issued by the U.S. Department of State form DS-1350; original or certified copy of birth certificate with official seal issued by state, county, municipality or outlying possession of the United States; Native American tribal document; unexpired U.S. Citizen ID Card USCIS Form I-197); unexpired Identification Card for the Use of Resident Citizen in the U.S. USCIS form I-179; unexpired employment authorization document issued by the Department of Homeland Security.

    

2. It is not appropriate to accept referrals and applications for the following non-US citizens because they are not eligible for any Vocational Rehabilitation services:
   
   
   1. undocumented aliens,
      
      
   2. those not eligible to legally work in the U.S.,
      
      
   3. those having a visa which prohibits work,
      
      
   4. those having a visa with a work permit but with a duration of stay which the counselor believes is too short to complete the Vocational Rehabilitation Program, or
      
      
   5. those not having submitted required documentation of identity and eligibility to work in the U.S.
      
      

[REVISED: 7/1/12 ]

Per cooperative agreement currently in effect, DRS program staff shall refer all deafblind individuals to the Department for the Blind and Vision Impaired (DBVI). DBVI is the lead agency in serving these individuals. However, both agencies may serve the individual concurrently if multiple services, which  cannot be provided by one agency alone, are required.  RSA will allow more than one state VR agency to close the case successfully. See Chapter 11, CLOSURE, Policy 1, Section A1 for requirements for closing a dually served case as Closed-Rehabilitated

[REVISED: 12/1/14]

1. Referral to DBVI by DRS 
    Per the Memorandum of Understanding currently in effect as of July 1, 2014, DRS program staff shall refer to the Department for the Blind and Visually Impaired all individuals who have a visual impairment that results in a substantial impediment to employment.  
   
   
2. Referral to DRS by DBVI 
   DBVI shall refer to DRS all individuals who have a disability other than deafblind, blind, or a visual impairment that results in substantial impediment to employment. Individuals referred to DRS by DBVI are considered new referrals. With the individual’s written consent, DRS shall request case information from the referring DBVI counselor.
   
   
3. Referral to DRS and DBVI concurrently                                                                                                                                                                                     
   DRS and DBVI may serve an individual concurrently if the customer has multiple disabilities that cannot be addressed by one agency alone. With written consent from the individual, counselors from both agencies shall work together to share their expertise and coordinate services for their mutual customer. Both agencies may close the case as Closed-Rehabilitated.   See Chapter 11, CLOSURE, Policy 1, Section A1 for requirements for closing a dually served case as Closed-Rehabilitated. 

[REVISED: 3/28/24]

1. If the referred individual, applicant, or eligible individual is related to the counselor by blood or marriage, the counselor shall transfer the case to another counselor.
   
   
2. If the referred individual, applicant, or eligible individual is related to the supervisor by blood or marriage, the individual’s case shall be transferred to an office supervised by another supervisor.
   
   
3. Furthermore, no DRS staff person can obligate DRS funds for the purchase of goods and services for his or her relative (either by blood or marriage).
   
   
4. If the referred individual, applicant, or eligible individual is related to a counselor or supervisor by blood or marriage, the direct supervisor of the DRS staff person must notify DOSS to take the necessary steps to restrict the employee’s access to the relative’s client case record.
   
   

[REVISED: 5/18/10]

1. When the above subsections do not apply, referral of inmates of jails, prisons, or Department of Behavioral Health and Developmental Services Forensic Units (including referred individuals who have been judged not guilty of felony charges by reason of insanity) is accepted only after the institution’s treatment team indicates that plans for the referred individual’s release and return to the community are being made (per agency mandate).
   
   
2. Provision of any required fee-based services may begin three months before the expected release date. Fee-based services shall be provided earlier only if the DRS supervisor gives written pre-approval of each service.

[REVISED: 3/28/24]

When the above subsections do not apply, referral of a student with a disability is accepted within 3 years of the student’s planned exit date from high school (per agency mandate and Federal Register Vol. 66, No. 11, Issued January 17, 2001, Page 4424). Student with a disability means an individual age 14 to 21 (individuals turned 22 after September 30th continue to meet the age requirements of a student with a disability for the remainder of the school year) in a secondary, post-secondary, or other recognized education program who: a.) is receiving special education or related services under Part B of IDEA; or b.) for purposes of Section 504 of the Rehabilitation Act as amended (per 2016 Federal Regulation 34 CFR § 361.5(c)(5)), is an individual with a disability . In consultation with the supervisor, the counselor may accept an earlier referral to serve “at risk” students, school dropouts, students requiring earlier intervention to coordinate multiple interagency services for transition, and in other exceptional circumstances.

Any identified student who needs additional support and who is not meeting or expected to meet the established goals of the educational program (academic, personal/social, career/vocational) could be considered high risk.  At-risk students include but are not limited to students in the following groups: homeless children and youth, dropouts, returning dropouts, and potential dropouts.

Guidance: If the individual with a disability is under age 22 and withdrew from school without graduating, it is a Best Practice to inform the individual that students who are entitled to special education services under P.L. 105-17 Individuals with Disabilities Education Act (IDEA) are legally entitled to special education services from the public school system until the student reaches age 22. (Not all disabilities meet IDEA criteria for special education services). Encourage the individual to return to school or to obtain a general equivalency diploma (GED) to enhance employment opportunities.

[REVISED: 7/1/12]

1. DRS may accept referrals that are currently being served by other state VR programs. This includes DBVI and VR program in another state.  These individuals are considered new referrals (per agency mandate). With the customer’s written consent, DRS program staff shall request case information from the referring agency.
   
   
2. Both agencies may close the case as Closed-Rehabilitated under certain circumstances.  See Chapter 11, CLOSURE, Policy 1, Section A1 for requirements for closing a dually served case as Closed-Rehabilitated. 
   
   
3. For definition of "present in Virginia" see Chapter 4.01, ELIGIBILITY, Policy 1, Section A. 

1. Referral to the Serious Mental Illness (SMI) program counselor is appropriate when all these criteria are met (per DBHDS Comprehensive State Plan 2008 -2014):
   
   1. The above subsections do not apply,
      
      
   2. The individual is being served by the Community Services Board or another mental health provider, 
      
      
   3. The individual is age 18 or older, 
      
      
   4. The individual has a diagnosis of serious mental illness in the DSM IV,
      
      
   5. The individual is expected to require services of an extended duration, or has undergone psychiatric treatment more intensive than outpatient care (such as crisis response services, alternative home care, partial hospitalization, inpatient hospitalization) more than once in his or her lifetime, or has experienced an episode of continuous, supportive residential care, other than hospitalization, for a period long enough to have significantly disrupted the normal living situation, and
      
      
6. The individual meets at least two of the following criteria on a continuing or intermittent basis:
   
   1. Is unemployed or employed in a sheltered setting or a supportive work situation, has markedly limited or reduced employment skills, or has a poor employment history.
      
      
   2. Requires public financial assistance to remain in the community and may be unable to procure such assistance without help.
      
      
   3. Has difficulty establishing or maintaining a personal social support system.
      
      
   4. Requires assistance in basic living skills such as personal hygiene, food preparation, or money management.
      
      
5. Exhibits inappropriate behavior that often results in intervention by the mental health or judicial system.
   
   
2. Referral to the general Vocational Rehabilitation program counselor is appropriate (per agency mandate) when the above SMI referral conditions are not met or there is no SMI counselor assigned to the area. 
   
   
   Guidance: It is a Best Practice to staff this type of case with the CSB and SMI program counselors to determine the need for extended training and comprehensive Vocational Rehabilitation services.
    

[REVISED: 3/1/08]

Referrals from a Center for Independent Living Center (CIL) are considered new referrals (per agency mandate).

[REVISED: 3/1/08]

If the individual is currently abusing alcohol or other legal or illegal substances and is unwilling to abstain from use, the counselor is nevertheless required to accept the referral.

Guidance: It is a Best Practice to also refer these individuals to the local Community Services Board to explore the individual’s treatment options since DRS does not pay for treatment of alcohol or substance abuse.

[REVISED: 7/1/12]

If the referred individual requests a sign language interpreter to communicate with DRS staff before the case is placed in Application Status, the counselor shall provide interpreter services according to DRS policy (see Chapter 8.07, INTERPRETER, Policy 1).  If the case is not yet open in Application Status in AWARE, follow DRS procedures for funding source.

Guidance: When serving an individual who is hard of hearing, the VR counselor may wish to consult the regional counselor for the deaf regarding communication techniques, support services, accommodations, and devices. Depending on the severity of the hearing loss and the degree to which the hearing loss is an impediment to communication, the VR counselor may wish to refer the individual to the regional counselor for the deaf.

[REVISED: 3/1/08]

The most appropriate time to accept referral and application from a person with brain injury is generally after the acute care (hospital) stage is completed and the person is determined to be medically stable.

[REVISED: 7/1/12]

If the individual has a Virginia Department for Aging and Rehabilitative Services Vocational Rehabilitation Program closed case which is subject to a closed case review, for applicable policy and procedures on repeat referral and application, see Chapter 11, CLOSURE, Policy 3.

[REVISED: 7/1/12]

Individuals may refer themselves to DRS. It is not necessary to process the referral if the individual (or their representative) is seeking information about DRS or vocational rehabilitation and does not wish to achieve an employment outcome (or otherwise decides not to request vocational rehabilitation services).

Note: For out-of-state consumers, see definition for "present in Virginia" in Chapter 4.01, ELIGIBILITY, Policy 1, Section A.

[REVISED: 7/1/12]

1. Cannot use VR funds for extended employment.
   Vocational rehabilitation funds cannot be utilized to pay for any services which have as their purpose to prepare for, secure, regain or retain an employment outcome in extended employment (per 2001 Federal Regulation 34 CFR § 361.5). Extended employment means work in a non-integrated setting or sheltered setting for a public or private nonprofit agency or organization that provides compensation in accordance with the Fair Labor Standards Act (including minimum wage requirements and child labor restrictions) (per 2001 Federal Regulation 34 CFR § 361.5). If an individual is only interested in extended employment as an employment outcome, FRS program staff shall:
   
   1. explain that the purpose of the vocational rehabilitation program is to assist individuals to achieve an employment goal in an integrated setting.
      
      
   2. inform the individual of the availability of employment options in an integrated setting and of the vocational rehabilitation services available to assist in achieving these options.
      
      
   3. explain that services under the vocational rehabilitation program can only be provided to eligible individuals in an extended employment setting if necessary for the purposes of eligibility assessment, training, or preparing for employment in an integrated setting.
      
      
   4. explain that if the individual chooses not to pursue employment in an integrated setting at this time, he or she can seek services from DRS at a later date if he or she wants to pursue employment in an integrated setting.
      
      
   5. refer the individual as appropriate to the Social Security Administration in order to obtain information concerning the ability of individuals with disabilities to work while receiving benefits from the Social Security Administration.
      
      
2. Referral to ESO.
   If after explaining all previous options, the individual’s informed choice is to pursue extended employment as the employment goal, DRS program staff shall inform the individual that DRS VR services are not available toward that goal and refer the individual to the ESO (per 2001Federal Regulation 34 CFR § 361.37).

   Note: For cases referred to an ESO for placement, there may be state funds available for ongoing support services the individual needs. For additional information, refer to the Virginia DRS Standards Requirements for Employment Services Organizations and associated vendor agreements for extended employment.
   

3. Assessment.
   If the individual is uncertain of his goal or the counselor is uncertain of eligibility, the counselor may utilize any of the usual assessment options including the use of a trial work experience in combinations with other services as appropriate to the individual.

[REVISED: 3/01/08]

The counselor shall check to see if the applicant has a Ticket to Work and indicate this in AWARE.

Note: For more information on procedures pertaining to Ticket to Work recipients, see the Grants and Special Programs intranet site and the Ticket to Work procedures in the DRS Form Cabinet on the DSA intranet.

[REVISED: 7/1/12]

Transportation to attend DRS Vocational Rehabilitation (VR) Program orientations or initial meetings with VR counselor in order to complete application for VR services may be authorized. If the case is not yet open in Application Status in AWARE, use the Admin charge card.

[REVISED: 7/1/12]

Interpreter services and other reasonable communication accommodations to attend DRS Vocational Rehabilitation Program orientations or initial meetings in order to complete application for VR services may be authorized. If the case is not yet open in Application Status in AWARE, use the Admin charge card. For policies and procedures, see Chapter 8.07, INTERPRETER, Policy 1.

[REVISED: 3/1/08]

Except for interpreter services, reasonable communication accommodations, transportation, and information and referral to other agencies and programs, no other VR services shall be provided before Application Status.

[REVISED: 3/2824]

Use of the AWARE Referral module is required. Contact information for referred and self-referred individuals who are likely to apply for services in the immediate future must be entered into AWARE. The Referral module used to organize referral information needed to contact the individual, complete certain fields in the Application screens if the person later applies for VR services, and provide feedback to the referral source when policy requires feedback. The Referral module may be used to track contact attempts. The Referral module shall not be used to delay the application and eligibility determination processes for individuals who meet the requirements to move the case into Applicant status.

Cross-reference: For application criteria, See Policy 5: Section A of this chapter.

[REVISED: 7/1/12]

1. DRS staff shall not require consumers, referral sources, or the general public to use the RS-2 or RS-2MH to make a referral. Once the referral information is entered into AWARE, destroy the paper form. The AWARE screen is part of the case record.
   
   
2. For instructions on completing the referral form, see Chapter 12, FORMS. 
   
   
3. For instructions on completing the AWARE screens, see the AWARE Manual.

[REVISED: 3/28/24]

Referrals shall be handled promptly and equitably (per 2001 Federal Regulation 34 CFR § 361.41). Within ten business days of receiving a referral (per agency mandate), DRS program staff shall initiate the first contact attempt.  If the first attempt is unsuccessful, DRS program staff shall make a second attempt as soon as possible.

Cross-reference: For policy prohibiting or restricting certain referrals, See Policy 1: Section A of this chapter.

Cross-reference: For staff legally qualified to serve individuals with a Workers’ Compensation case, See Policy 1: Section A1 of this chapter.

[REVISED: 9/15/22​]

No agency staff member may provide eligibility determination, Employment Plan development, counseling and guidance, or other vocational rehabilitation services requiring the exercise of professional judgment as defined in § 54.1-3500 of the Code of Virginia to a Workers’ Compensation claimant unless the staff member is certified by the Commission on Rehabilitation Counselor Certification (CRCC) as a certified rehabilitation counselor (CRC), or certified by the Commission on Certification of Work Adjustment and Vocational Evaluation Specialist (CCWAVES) as a certified vocational evaluation specialist (CVE), or certified by the Commonwealth of Virginia as a certified rehabilitation provider (CRP), or the person is licensed by the Boards of Counseling, Medicine, Nursing, Optometry, Psychology, or Social Work (per § 65.2-603 of the Code of Virginia). It is not sufficient for the staff member’s supervisor to be certified.

Guidance 1: Vocational rehabilitation services that involve the exercise of professional judgment may include, but are not limited to, vocational evaluation, vocational counseling and guidance, job coaching, job development, job placement, on-the-job training, education, retraining, referral to services from other agencies and one-stop centers, services provided to determine eligibility and assign priority category if the agency is operating under order of selection, development of a written plan for extended evaluation, development and implementation and annual review of an Employment Plan, decision to close the VR case, and conducting the review of a closed case when required by policy (see Chapter 11, CLOSURE, Policy 3).

Guidance 2: If the Workers’ Compensation claim is denied then there is no requirement to assign a certified staff member to the DRS VR case because the individual is not receiving Workers’ Compensation benefits. However, if an appeal results in claim approval, then the case must be assigned to a certified staff member. An individual receiving medical benefits under Workers’ Compensation is still considered a Workers’ Compensation claimant and the DRS VR case shall be assigned to a certified staff member.

[REVISED: 5/1/16]

Whether to provide feedback to the referral source who referred a consumer to DRS is at VR counselor discretion.

[REVISED: 5/1/16]

To apply for the Vocational Rehabilitation Program and demonstrate intent to achieve an employment outcome, an individual must satisfy all three (3) of the following criteria (per 2001 Federal Regulation 34 CFR § 361.41):

1. Complete and sign an application for services RS-5a (for prohibited or restricted referrals, see Policy 1, Sections A1 through A17 of this chapter) and
   
   
2. Provide information necessary to initiate the eligibility determination assessment (and assign priority category if DRS is on an order of selection), including:
   
   1. Signed release if necessary to obtain existing and new information
      
      
   2. Information needed to complete all required fields on the Intake, Application Documentation, Special Programs, Education, and the other screens for new cases in AWARE. Rehabilitation Services Administration (RSA) requires DRS to collect this information for each applicant. For DRS’ authority to collect this information see Chapter 1.1, CONFIDENTIALITY, Policy 1.
      
      
   3. Documentation from non-US citizens of eligibility to work in the U.S. (for documentation requirements, See Policy 1: Section A2 of this chapter).
      
      
3. Be available to complete the eligibility determination assessment process within the eligibility determination deadline.
   

[REVISED: 5/1/16]

Scope of services shall be limited to the following and provided as needed:

1. Diagnostic, assessment, and evaluation services needed to determine eligibility and develop the Employment Plan (and assign priority categories if DRS is on an order of selection) and any VR support services (e.g., PAS, transportation, child care, etc.) — except maintenance — needed to access the services.  Individualized Employment Plan (IPE) planning may begin, but shall not delay eligibility determination.  IPE planning is not done for cases moving into Delayed status. 
   
   
2. Vocational rehabilitation counseling and guidance.
   
   
3. Referral services to other agencies and programs.
   
   
4. Interpreter services and other modes of communication as appropriate to enable the individual to comprehend and respond to information being communicated during the vocational rehabilitation process. See Chapter 8.07, INTERPRETER, Policy 1.
   
   
5. While the information is not needed to determine eligibility, the counselor may wish to immediately request the presentence report, crime, and length of sentance information for individuals convicted of a felony as an adult.  A felony conviction precludes employment in certain occupations under state law.  Therefore, a felony conviction will become a critical consideration when establishing the employment goal.  Obtaining the information as soon as possible will facilitate vocational evaluation and IPE development.  The consumer's informed written consent is required for presentence reports and the state police may charge a copying fee. 

Cross-reference: For consumer’s responsibilities regarding diagnostic, assessment, and evaluation services, see the policy for the specific service in Chapter 6.

Cross-reference: For eligibility criteria, see Chapter 4.01, ELIGIBILITY, Policy 1.

Cross-reference: For eligibility documentation, see Chapter 4.01, ELIGIBILITY, Policy 2.

Cross-reference: For use of trial work experiences or extended evaluation to determine if disability is too severe for an employment outcome, see Chapter 4.02, EXTENDED, Policy 1.

[REVISED: 5/1/16]

See Chapter 1.7 VOTER REGISTRATION, Policy 1.

[REVISED: 1/21/99]

See Policy 7: Section A of this chapter.

[REVISED: 3/1/08]

See Chapter 11, CLOSURE, Policy 1.

[REVISED: 3/1/08]

See Policy 1: Section D2 of this chapter.

[REVISED: 3/1/08]

This must be reviewed and signed (see Policy 5: Section A of this chapter) as part of the application process to document client notification of rights per Policy 5: Section C2 of this chapter). 

Cross-reference: For instructions on completing the form, see Chapter 12, FORMS, RS-5a.

[REVISED: 3/1/08]

See Chapter 1.1, CONFIDENTIALITY, Policy 1, Section D1.

[REVISED: 5/1/16]

See Chapter 1.7, VOTER REGISTRATION, Policy 1, Section A4.

[REVISED: 3/1/08]

See Policy 7: Section B2 of this chapter. 

[REVISED: 3/1/08]

The counselor may record the client’s medical history in Part 1 of the Medical Examination RS-3, even when not purchasing a medical examination for the consumer.

[REVISED: 7/1/12]

For all individuals who meet the application requirements in section A, DRS program staff shall complete the New Case process in AWARE to move the case into Application status (for instructions on completing the screens, see AWARE Manual) and begin eligibility determination assessment. From Application status, the counselor will move the case into Eligible status, or Application – E status (“E” stands for “extra time”), or Application – T status (“T” stands for trial work), or Application – X status (“X” stands for extended evaluation), or Closed – Other status.

[REVISED: 5/1/16]

See Chapter 1.7, VOTER REGISTRATION, Policy 1.

REVISED: 7/1/12]

DARS Fiscal unit is not allowed by law to issue a Notice of Lien on Workers’ Compensation benefits.  For other legal personal injury action that a client is pursuing or contemplating DARS Fiscal unit will issue a Notice of Lien and request reimbursement for DRS expenses (for fee-based services) to be paid from the VR client personal injury settlement (per § 8.01-66.9 of the Code of Virginia).

[REVISED: 7/1/12]

At time of application DRS staff shall identify those cases where the disability is the result of an accident (excluding Workers’ Compensation) or other personal injury and monitor it for any pending legal action. If legal action is planned or pending, DRS staff shall submit the Lien Worksheet RS-457 form to DARS Fiscal Operations unit.

Best Practice. The counselor should follow-up with Fiscal Operations staff to help identify fee-based services from non-fee-based services the client received.

[REVISED: 7/1/12]

Upon receipt of Lien Worksheet RS-457 from DRS staff, DARS Fiscal Operations staff will determine the appropriate Notice of Lien letter to be used and send it to the client attorney and to the negligent party with a copy to the VR counselor. DARS Fiscal Operations staff shall follow-up on the status until disposition has been made.