If an individual discloses that they are using a
substance, the counselor shall provide counseling and guidance to educate the
client so they understand the implications regarding the substance use as it
pertains to employment. For example, the individual may disclose that they are
using marijuana. The counselor will want to advise the individual that
marijuana use remains illegal at the federal level; therefore, the counselor
will want to discuss the impact of marijuana use upon federal employment. In
addition, employers are permitted to maintain policies and hiring practices
that prohibit marijuana use, even when the employee is away from the workplace.
Counseling and guidance would include information on Virginia’s occupational
and regulatory requirements regarding substance/marijuana use that could affect
the denial, revocation, suspension, or restriction of a license, certificate,
or registration. For information about Alcohol and Substance Abuse Assessment
during Eligibility, See Chapter 4.01 Eligibility, Policy 2: Section A10. For
client legal issues, see Policy 2 of this chapter.
Example 2 - SFL: self-care, Progress measure: Improve personal hygiene and appearance at job interviews. This will be measured through client self-report, counselor observation, and feedback to counselor from employer interviewers and job placement counselor.
Example 3 - SFL: interpersonal skills, Progress measure: Acquire understanding and acceptance of functional limitations of disability, know what accommodations are needed and why, become an effective self-advocate. This will be measured through client self-report, counselor observations, and feedback to counselor from service provider regarding demonstrated positive attitude about abilities.
Example 4 - SFL: interpersonal skills, Progress measure: Interact appropriately with service providers, supervisor, and co-workers in one-on-one and group situations. This will be measured through feedback to counselor from job coach and employer.
Example 5 - SFL: self-direction, Progress measure: Learn how to use checklists, alarm watch, and other compensatory strategies to assist in satisfactory completion of job-related duties. This will be measured through vendor reporting to counselor on completion of required job tasks within an acceptable time frame.
Example 6 - SFL: self-direction, Progress Measure: Abstain from alcohol or drugs or any substances not currently prescribed by a physician familiar with the alcohol/substance abuse diagnosis. No services subject to consumer financial participation will be authorized until client has demonstrated abstention for at least [enter appropriate time period] consecutive days. This will be measured through the treatment records or consulting with the case manager on an ongoing basis [use if individual is involved in treatment] and counselor observations of arrival time for appointments [add other behaviors consistent with abstinence]. Progress measure: Client agrees to voluntarily participate in a treatment program or support group (however, DRS shall not pay for treatment). This will be measured through attendance. Progress measure: Client agrees to meet with the counselor at least twice a month for VR counseling sessions during the first [enter appropriate time period] consecutive days of this IPE. This will be measured through attendance at scheduled VR counseling sessions.
During Service – I status.For scope of services, see Chapter 5, PLAN, Policy 1. For case progress note requirement, see Policy 3 of this chapter.
During Employed status.The counselor shall continue to provide VR counseling and guidance. At least one VR counseling and guidance interaction with the client (or representative with a signed consent form) shall occur during the ten day period preceding the Closed - Rehabilitated Date in order to (per 2016 Federal Regulation 34 CFR § 361.56(c)): reach agreement that the employment outcome is satisfactory and the client is performing well in the employment, to discuss case closure, and to inform the client of the availability of post employment services (PES). If the counselor is not able to maintain contact with the client following job placement, the counselor must document in the case record the reason(s) and attempts. For supported employment (SE) cases, the counselor must ensure that the entity that will fund the long term follow along support services after VR case closure is aware of the pending case closure and discontinuation of VR time-limited SE services. For clients needing personal assistance services (PAS) after VR case closure, during Employed status a referral to state-funded PAS may be appropriate (see Chapter 8.13, PAS).
During Post Employment Services Planning and PES status.All post employment services (PES) Plans shall include VR counseling and guidance.
Addressing Abusive or Threatening Behaviors by IndividualsThe Department for Aging and Rehabilitative Services (DARS) is committed to the prevention of workplace violence and harassment and maintaining civility in the workplace. DARS will comply with the Department of Human Resource Management's Policy 2.35 - Civility in the Workplace, which applies not only to employees, applicants, and contractors but also to customers, clients, and other third parties in the workplace. Third parties include customers, clients, students, interns, vendors, contractors, volunteers, applicants for employment or services, and the public. Per DHRM Policy 2.35, workplace violence is any physical assault, threatening behavior, or verbal abuse occurring in the workplace by third parties. Threatening behaviors create a reasonable fear of injury to another person or damage to property or subject another individual to extreme emotional distress. DRS is committed to promoting and maintaining a safe workplace and service-delivery environment. When DRS staff believe that a third party poses a clear and immediate threat of serious violence, they should notify law enforcement immediately. See Chapter 1.1 Confidentiality, Policy 1: A2 Disclosure to Third Parties, regarding the release of confidential client data to third parties. Workplace violence, including profane, abusive, or threatening verbal or written statements or behaviors, could result in delay or termination of VR services. Applicants or clients shall receive counseling and guidance about their responsibilities to act appropriately during the vocational rehabilitation process. When the individual is an applicant or client, the threat or act of workplace violence shall be documented in the case record.
Guidance – Applicants and clients shall be provided counseling and guidance about acceptable workplace behaviors and interpersonal skills being critical for employment success and the requirement for acting appropriately with their counselors, DARS staff, service providers, employers, and other consumers.
Guidance – If appropriate, accommodations may be considered if the applicant or client has exhibited workplace violence. Examples may include having additional staff present when the applicant or client is present in the office or utilizing virtual service delivery. It is always appropriate to provide the client or applicant information about the Client Assistance Program (CAP).
Counselors assigned to Workers Compensation cases must meet qualifications in the Workers Compensation Act. See Chapter 2.1, APPLICATION, Policy 1, Section A1.
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The VR Individualized Plan for Employment (IPE) for a student receiving special education services shall (per 2016 Federal Regulation 34 CFR § 361.46 (d)) be coordinated with the secondary (junior high or high) school Individualized Education Program (IEP) goals, objectives, and services. The counselor is not required to attend school IEP meetings until the school or custodial parent or legal guardian invites the counselor to attend a meeting to develop the Transition Plan component of the IEP for a student (per 2016 Federal Regulation 34 CFR 361.48(a)(4)).