South Dakota Advocacy
Services Overview
South Dakota Advocacy Services is
the designated federally funded
state Protection and Advocacy
system for the State of South
Dakota.
Component Programs, Initiating
Laws and Authorities:
• Protection and Advocacy Developmental
Disabilities Program (PADD) 1977
– Developmental Disabilities Assistance
Act (42 USC Ch. 75 Secs. 6000-6083)
• Client Assistance Program (CAP) 1984
– Vocational Rehabilitation and
Rehabilitation Services Act (29 USC Ch.
16 Secs. 701-797b)
Component Programs, Initiating
Laws and Authorities:
• Protection and Advocacy for
Individuals with Mental Illness
Program (PAIMI) 1986 –
• Protection and Advocacy for
Mentally Ill Individuals Act (42 USC
Ch. 114 Secs. 10801-10851)
Component Programs, Initiating
Laws and Authorities:
• Protection and Advocacy of Individual
Rights Program (PAIR) 1994
– Vocational Rehabilitation and
Rehabilitation Services Act (29 USC Ch.
16 Secs. 701-797b)
• Protection and Advocacy Assistive
Technology Program (PAAT) 1994
– Assistive Technology Act of 1998 (29 USC
Ch. 31 Secs. 3001-3012)
Component Programs, Initiating
Laws and Authorities:
• Protection and Advocacy for Beneficiaries
of Social Security (PABSS) 2001
– Social Security Act as amended by
Section 122 of Public Law 106-170
• Protection and Advocacy Traumatic Brain
Injury (PATBI) 2002
– Children's Health Act of 2000, Public
Law 104-166
Mission Statement:
Protect and advocate the rights
of South Dakotans with
disabilities through legal,
administrative and other
remedies.
Organization Structure:
South Dakota Advocacy Services,
(SDAS) is a private, non-profit South
Dakota corporation. It meets
current local, state and federal tax
exemption requirements.
Organization Structure:
The nine member Board of Directors
throughout the state have a
demonstrated interest in and are
knowledgeable about disability issues
and the needs of persons with
disabilities, which are reflective of the
programs administered by South Dakota
Advocacy Services.
Organization Structure:
The corporate office is in Pierre.
Branch offices are located in Rapid
City, Yankton and Sioux Falls. There
are twenty-four staff persons.
Priorities and Services:
Each component program develops personcentered goals, objectives, and priorities with
public input and participation. Each program
provides a variety of services addressing the
individual needs of its eligible clients including
information and referral to other service
providers, specialized training and
representation.
Specialized Training
Initiatives:
• Partners in Policymaking: Year 15
Leadership and skill capacity building for
persons with disabilities and their family
members.
• Partners in the Process:
Self-skill development for persons receiving
services.
Dispute Resolution:
SDAS purposefully strives to resolve issues at
the lowest possible level, including good faith
discussion, negotiation, and when
appropriate, informal and formal mediation.
In addition, SDAS maintains a dialogue with
key entities in the state and contacts them to
present and discuss issues of mutual concern.
Administrative and legal representations are
additional available options.
Collaboration/Participation:
SDAS participates in statute and rule
development workgroups through various
boards, councils, and committees across the
state: Statewide Independent Living Council
(SILC), Board of Vocational Rehabilitation
Services, (BVR), Board of Service to the
Blind and Visually Impaired (BSBVI), Rapid
City Mayor’s Committee,
Collaboration/Participation:
South Dakota Council on Developmental
Disabilities, Special Education Work Group,
South Dakota Mental Health Planning and
Coordination Advisory Council, State
Vocational Rehabilitation Services Advisory
Board and the South Dakota University
Affiliated Program.
Oversight:
Fiscal and program oversight and
compliance analysis is ongoing by our
federal funding sources.
Questions about SDAS ??????
Client Assistance Program
Services of the Client Assistance Program (CAP)
are provided on a non-discriminatory basis in
compliance with Title VI of the Civil Rights Act
of 1964 and Section 504 of the Rehabilitation
Act of 1973 as amended.
Your Needs?
• CAP can assist you with issues related to
employment.
• CAP can assist you with issues related to your
independent living needs.
• CAP can assist you by providing information
regarding available resources, and referring you
to other appropriate service providers.
What is the Rehab Act?
The Public Vocational Rehabilitation (VR)
Program authorizes multiple programs that
provide comprehensive and
complementary services to empower
individuals with disabilities to maximize
employment, economic self-sufficiency,
independence, and inclusion and
integration into society.
How can the Act help?
The VR Program is designed to assess the
need for, coordinate and plan for, and
provide or secure VR services consistent
with the strengths, resources, priorities,
concerns, abilities, capabilities, interests,
and informed choice of eligible individuals.
State Vocational Rehabilitation
• State VR agencies provide a comprehensive
array of services and supports including:
• Assessment of eligibility and the need for
VR services;
• Vocational counseling and guidance;
State Vocational Rehabilitation
• Job development and placement services;
• Rehabilitation technology services;
• As appropriate, training and post secondary
education; and
• Other services and supports to facilitate meaningful
participation in employment and training services.
Client Respect
The program authorized under the
Rehabilitation Act of 1973, as amended
must be carried out in a manner
consistent with the principles of respect
for individual dignity, personal
responsibility, self-determination, and
pursuit of meaningful careers…
Client Respect
and must ensure that individuals with
disabilities and their authorized representatives
are full partners in the VR process. Services
are individualized to meet the needs of the
applicant/client.
Client Assistance Program’s Purpose
(a) Advise and inform clients and client
applicants of all services and benefits
available to them through programs
authorized under the Rehabilitation Act of
1973, as amended (Act);
Program’s Mandate/Purpose
(b) Assist and advocate for clients and client
applicants in their relationships with programs
providing services to them under the Act; and
(c) Inform individuals with disabilities in the
state, especially those who traditionally have
been unserved or underserved, of the services
available to them under the Act and under Title
I of the Americans with Disabilities Act (ADA).
Eligibility for CAP:
CAP’s available scope of services depends on the
individual requesting assistance, as follows:
Eligibility for CAP
(a) Clients and client applicants of programs funded
under the Act are eligible to receive all available CAP
services.
(b) Individuals with disabilities who have an issue
under Title I of the ADA may be eligible for all
available CAP services if the problem is also connected
to a service they are receiving or seeking from a
program funded under the Act.
Eligibility for CAP
If not, these individuals are only eligible to
receive information and referral services
about their rights and services available
under the Act and Title I of the ADA.
NOT Eligible for CAP
(c) Individuals with disabilities who are not
clients or client applicants of programs funded
under the Act are eligible to receive only
information and referral services from CAP
regarding their rights and benefits available
under the Act and Title I of the ADA.
(d)All other individuals in the state are eligible
to receive only information and referral from
CAP about CAP.
Key Regulatory Provisions for CAP:
34 CFR 370.3 – Eligibility for CAP
34 CFR 370.4 – CAP activities
34 CFR 370.5 – Applicable regulations
34 CFR 370.3
1. 34 CFR 370.3 outlines who is eligible for
services and information from CAP:
(a) Any client or client applicant is eligible for
the services described in Section 370.4.
(b)Any individual with a disability is eligible to
receive information on the services and benefits
available to individuals with disabilities under
the Act and Title I of the ADA.
34 CFR 370.4
2. 34 CFR 370.4 sets forth the authorized CAP
activities:
(a) Funds made available under this part must
be used for activities consistent with the
purpose of this program, including:
34 CFR 370.4
(1)
Information
Advising and informing clients, client applicants, and
individuals with disabilities in the state, especially
individuals with disabilities who have traditionally been
unserved or underserved by vocational rehabilitation
programs, of:
(i) All services and benefits available to them through
programs authorized under the Act; and
34 CFR 370.4
(ii) Their rights in connection with those services and
benefits;
(2) Information
Informing individuals with disabilities in the state,
especially individuals with disabilities who have
traditionally been unserved or underserved by
vocational rehabilitation programs, of the services and
benefits available to them under Title I of the ADA;
34 CFR 370.4
(3) Representation
Upon the request of a client or client applicant,
assisting and advocating on behalf of a client
and client applicant in his or her relationship
with projects, programs, and community
rehabilitation programs that provide services
under the Act…
34 CFR 370.4
by engaging in individual or systemic advocacy
and pursuing, or assisting and advocating on
behalf of a client or client applicant to pursue
legal, administrative, and other available
remedies, if necessary:
34 CFR 370.4
(i) To ensure the protection of the rights of a
client or client applicant under the Act; and
(ii) To facilitate access by individuals with
disabilities and individuals with disabilities who
are making transition from public school
programs to services funded under the Act;
and…
34 CFR 370.4
(4) Providing information to the public
concerning CAP.
Your Rights as a VR Client
• To make meaningful and informed choices.
• To be a partner in the planning of your
vocational goals and rehabilitation services.
• To apply or reapply for rehabilitation services.
Your Rights as a VR Client
• To a consultation with your counselor
before your case is closed.
• To appeal using the informal administrative
review process, mediation or a fair hearing.
• To be informed of the availability of Client
Assistance Program.
Your Rights as an IL Client
• To make meaningful and informed choices.
• Confidentiality of your consumer service
record.
• To direct the planning of your independent
living services.
Your Rights as an IL Client
• Non-discriminatory provisions of IL
services, without regard to race, language,
sex, age or disability.
• Appeal any decision you are in
disagreement with regarding the provision
of independent living services.
• To be informed of the availability of CAP.
Some Roads Have Bumps …
and some do not!
Challenges and SUCCESSES
Bumps
Common issues:
• Conflict about services – 16 of 42 callers
• Eligibility – 12 of 42 callers
• Communication – 14 of 42 callers
The newest bump in the road
Order of Selection (OOS) – VR will be
providing direct services to those who are
most severe first.
• South Dakota is one of the last states to
implement an OOS.
The newest bump
Order of Selection
Vocational Rehabilitation will have to deal
with some pretty frustrated folks.
CAP expects a lot of calls.
CAP will work with the Rehabilitation Agency, and
will explain client rights under an OSS.
The smoother path
Successes
More persons with disabilities in SD are
working, they are making a better wage
and they are working in better jobs.
BETTER EMPLOYMENT OUTCOMES do not come
without a lot of effort, collaboration and good
program management.
Collaboration of efforts
CAP staff hold positions on the Board of
Vocational Rehabilitation (BVR), the
Board of Services to the Blind and Visually
Impaired (BSBVI) and on the State
Independent Living Counsel (SILC).
Collaboration of efforts
CAP staff are actively involved in Board
committees.
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•
•
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Planning and policy committee
By-law committee
Public relations committee
Participates in Rehabilitation Counsel Training
MORE collaborative efforts
CAP staff participate in State VR events
CAP staff participate in Tribal VR events
CAP participates in the Veteran Affairs VR
events
Questions regarding CAP??
Thank you for your time!!
Serving South Dakotans with Disabilities
Pierre
221 South Central
Pierre, SD 57501
(605) 224-8294
Sioux Falls
2121 W. 63rd Place
Sioux Falls, SD 57108
(605) 361-7438
Rapid City
1575 LaCrosse St.
Rapid City, SD 57701
(605) 342-2575
1-800-658-4782
www.sdadvocacy.com
Yankton
1719 Broadway
Yankton, SD 57078
(605) 665-5616