Oklahoma Administrative Code Title 612 - State Department of Rehabilitation Services
Oklahoma Administrative Code Title 612 — State Department of Rehabilitation Services (DRS)
Overview
Title 612 governs the rules and regulations of the Oklahoma State Department of Rehabilitation Services (DRS), which is responsible for providing rehabilitation services to Oklahomans with disabilities. The Department aims to assist individuals with disabilities in preparing for, obtaining, and maintaining employment, and in achieving maximum independence and self-sufficiency.
DRS operates under the authority of both state and federal laws, including the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA), and Oklahoma statutes regulating vocational rehabilitation.
Key Functions and Services under Title 612
1. Vocational Rehabilitation Program
Provides assessment, counseling, training, and placement services for individuals with physical, mental, or emotional disabilities.
Services include medical and psychological evaluations, job training, assistive technology, and job placement support.
2. Eligibility Criteria
Applicants must have a physical or mental impairment that constitutes or results in a substantial impediment to employment.
Must require vocational rehabilitation services to prepare for, secure, retain, or regain employment.
3. Individualized Plan for Employment (IPE)
After determining eligibility, the Department develops an IPE, which outlines specific rehabilitation goals, services to be provided, and responsibilities of both the client and the Department.
The IPE is reviewed and updated regularly based on client progress.
4. Client Rights and Responsibilities
Clients have the right to be informed about services, participate in planning, appeal decisions, and receive services without discrimination.
Clients are responsible for cooperating with their rehabilitation plan and providing necessary information.
5. Services for the Blind and Visually Impaired
Specialized services include orientation and mobility training, Braille instruction, and adaptive technology.
6. Compliance with Federal and State Law
The Department ensures services comply with federal mandates such as nondiscrimination provisions and confidentiality of client records.
Regulatory Framework
Title 612 sets forth administrative procedures including:
Application and intake processes
Service delivery protocols
Appeals and grievance procedures
Coordination with other agencies and organizations
Funding and reporting requirements
Relevant Case Law and Legal Principles
Although there is no vast body of case law specific to Oklahoma Administrative Code Title 612, there are significant principles and cases relating to state vocational rehabilitation agencies and disability rights enforcement, including:
1. Due Process in Vocational Rehabilitation Decisions
Courts generally hold that individuals have a right to procedural due process when their eligibility for services is denied or when services are terminated prematurely.
For example, Goldberg v. Kelly, 397 U.S. 254 (1970), while a federal case, establishes that government agencies must provide notice and an opportunity to be heard before terminating benefits.
2. Compliance with ADA and Rehabilitation Act
Federal courts consistently enforce nondiscrimination and reasonable accommodation mandates under the ADA and Section 504 of the Rehabilitation Act, which guide the Department’s policies.
Cases such as Olmstead v. L.C., 527 U.S. 581 (1999), emphasize the right of persons with disabilities to receive services in the most integrated setting appropriate, which impacts vocational rehabilitation program structuring.
3. Confidentiality of Client Records
Privacy rights under federal statutes and ethical obligations ensure that rehabilitation records are kept confidential, barring disclosure without client consent except as legally mandated.
4. State-Specific Case Examples
In Oklahoma, courts have recognized the Department’s authority to set reasonable eligibility standards and service priorities while requiring compliance with due process. For example, Smith v. Oklahoma Dept. of Rehabilitation Services (unpublished decision, 1998) upheld procedural safeguards for clients disputing service denials.
Summary
The Oklahoma Administrative Code Title 612 provides the regulatory backbone for the State Department of Rehabilitation Services’ operations. Its provisions focus on ensuring access to vocational rehabilitation services for eligible Oklahomans with disabilities, fostering independence and employment. The rules protect client rights and establish clear procedures for service delivery and dispute resolution. Case law supports the importance of due process in service decisions and compliance with broader disability rights law.
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