Guam § 41202 - Definitions.

§ 41202. Definitions.

For the purpose of this Article:

(a) Council means the Rehabilitation Advisory Council

(RAC) for Division of Vocational Rehabilitation (DVR).

(b) Division means the Division of Vocational

Rehabilitation (DVR).

(c) Administrator means the Administrator of the

Division of Vocational Rehabilitation (DVR), who shall be an

ex-officio non-voting member of the RAC. The Administrator

must have at least a bachelors degree in Special Education,

Vocational Rehabilitative Counseling Services or related

subject, and at least four (4) years of experience in vocational

rehabilitation service or related service dealing with persons

with disabilities of which two (2) years shall be

administrative. The position shall be of the classified service

of the government of Guam. The position Classification

Standard and Compensation shall be established by the

Director of Administration.

(d) Individual with a Disability means any individual

who:

(1) Has a physical or mental impairment which for

this individual constitutes or results in a substantial

impediment to employment, and can benefit in terms of

an employment outcome through the provision of

vocational rehabilitation services provided, pursuant to

Title I, III, VI, or VIII of the Vocational Rehabilitation

Act of 1973, as amended.

COL1/11/2022

(2) Can benefit in terms of an employment outcome

from vocational rehabilitation services provided pursuant

to this Chapter.

(e) Individual with a Severe Disability means an

individual with a disability who has a severe physical or

mental impairment, which seriously limits one or more

functional capacities as defined by the Vocational

Rehabilitation Act, as amended.

(f) Vocational Rehabilitation Services means those

services identified in this Article, to include services identified

in the approved state plan. All expenses for the purposes of

these services will not be restricted or included under capital

outlay.

(g) Supported Employment means competitive work in

integrated work settings for individuals with the severe

disabilities for whom competitive employment has not

traditionally occurred; or for whom competitive employment

has been interrupted or intermittent as a result of a severe

disability; and who, because of the nature and severity of their

disability, need intensive supported employment services for

the period, and any extended services to include transitional

employment for persons who are individuals with the most

severe disabilities due to mental illness.

(h) Nonprofit when used with respect to a rehabilitation

facility means a rehabilitation facility which is owned and

operated by a corporation or association, no part of the net

earnings of which accrues or may lawfully accrue, to the

benefit of any private shareholder or individual, and the

income of which is exempt from taxation under §501(c)(3) of

the Internal Revenue Code of 1954.

(i) Assessment for determining eligibility and vocational

rehabilitation needs means, to determine whether an individual

is eligible for vocational rehabilitation services; and to the

extent additional data is necessary to make such

determination, a preliminary assessment of such data,

including the provision of goods and services during such

assessment; to the extent additional data is necessary, a

COL1/11/2022

comprehensive assessment, including the administration of the

assessment, of the unique strengths, resources, priorities,

interests and needs, including the need for supported

employment, of an eligible individual to make a determination

of the goals, objectives, nature and scope of vocational

rehabilitation services to be included in the individualized

written rehabilitation program of the individual, which

comprehensive assessment is limited to information that is

necessary to identify the rehabilitation needs of the individual

to develop the rehabilitation program of the individual; uses,

as a primary source of such information, to the maximum

extent possible and appropriate and in accordance with

confidentiality requirements - existing information; and such

information as can be provided by the individual and , where

appropriate, by the family of the individual; may include, to

the degree needed to make such a determination, an

assessment of the personality, interests, interpersonal skills,

intelligence and related functional capacities, educational

achievements, work experience, vocational aptitudes, personal

and social adjustments and employment opportunities of the

individual, and the medical, psychiatric, psychological and

other pertinent vocational, educational, cultural, social,

recreational and environmental factors, that affect the

employment and rehabilitation needs of the individual and

may include an appraisal of the patterns of work behavior of

the individual and services needed for the individual to

acquire occupational skills, and to develop work attitudes,

work for successful job performance, including the utilization

of work in real job situations to assess and develop the

capacities of the individual to perform adequately in a work

environment; and referral; the provision of vocational

rehabilitation services to an individual for a total period not in

excess of eighteen (18) months for the limited purpose of

making determinations regarding whether an individual is

eligible for vocational rehabilitation services and regarding the

nature and scope of vocational rehabilitation services needed

for such individual; and an assessment at least once every

ninety (90) day period during which such services are

provided, of the results of the provision of such services to an

COL1/11/2022

individual to ascertain whether any of the determinations

described may be made.

(j) State means any one of the several states, territories or

possessions of the United States.

(k) Community Rehabilitation Program means a program

that provides directly or facilitates the provision of vocational

rehabilitation services to individuals with disabilities, and that

provides, singly or in combination, for an individual with a

disability to enable the individuals to maximize opportunities

for employment, including career advancement:

(1) Comprehensive rehabilitation services which

shall include, under one management, medical,

psychological, social, and vocational services.

(2) Testing, fitting or training in the use of

prosthetic and orthotic devices.

(3) Recreation therapy.

(4) Physical and occupational therapy.

(5) Speech, language and hearing therapy.

(6) Psychiatric, psychological and social services.

(7) Personal and work adjustment.

(8) Vocational training, in combination with other

rehabilitation services.

(9) Evaluation or control of special disabilities.

(10) Assessment for determining eligibility and

vocational needs, including evaluation for supported

employment, development, and placement in jobs.

(11) Development of, and placement in jobs.

(12) Job coaching services to enable a person with

disabilities to obtain or maintain supported or

competitive employment.

COL1/11/2022

(13) Extended employment for persons with severe

disabilities who cannot be readily absorbed into the

competitive labor market.

(14) Personal assistance services.

(l) Vocational Rehabilitation Services when provided to

and individual means any one or any combination of the

following services:

(1) an assessment for determining eligibility and

vocational rehabilitation needs by qualified personnel,

including, if appropriate, assessment by personnel skilled

in rehabilitation technology;

(2) counseling, guidance, and work-related

placement services for individuals with disabilities,

including job search assistance, placement assistance, job

retention services, personal assistance services and

follow-up, follow-along, and specific post employment

services necessary to assist such individuals to maintain,

regain or advance in employment;

(3) vocational and other training services for

individuals with disabilities, which shall include personal

and vocational adjustment, books or other training

materials, and such services to the families of such

individuals as are necessary to the adjustment or

rehabilitation of such individuals, except that no training

services in institutions of higher education shall be paid

for with basic support Federal funds unless maximum

efforts have been made to secure grant assistance, in

whole or in part, from other sources to pay for such train-

ing;

(4) physical and mental restoration services,

including, but not limited to,

(A) corrective surgery or therapeutic treatment

necessary to correct or substantially modify a

physical or mental condition which is stable or

slowly progressive and constitutes an impediment to

employment, but is of such nature that such

COL1/11/2022

correction or modification may reasonably be

expected to eliminate or reduce such impediment to

employment within a reasonable length of time,

(B) prosthetic and orthotic devices,

(C) eyeglasses and visual services, as

prescribed by qualified personnel under Guam

licensure laws,

(D) special services, including transplantation

and dialysis, artificial kidneys and supplies

necessary for the treatment of individuals with end-

stage renal disease, and

(E) diagnosis and treatment for mental and

emotional disorders by qualified personnel under

Guam licensure laws;

(5) maintenance for costs incurred while participat-

ing in rehabilitation;

(6) interpreter services for individuals who are deaf,

and reader services for those individuals determined to be

blind after an examination by qualified personnel under

Guam licensure laws;

(7) recruitment and training services for individuals

with disabilities to provide them with new employment

opportunities in the fields of rehabilitation, health,

welfare, public safety and law enforcement, and other

appropriate service employment;

(8) rehabilitation teaching services and orientation

and mobility services for individuals who are blind;

(9) occupational licenses, tools, equipment and

initial stocks and supplies;

(10) transportation in connection with the rendering

of any vocational rehabilitation service;

(11) telecommunication, sensory and other techno-

logical aids and devices;

(12) rehabilitation technology services;

COL1/11/2022

(13) referral and other services designed to assist

individuals with disabilities in securing needed services

from other agencies through agreements developed, if

such services are not available under the Rehabilitation

Act of 1973, as amended;

(14) transition services that promote or facilitate the

accomplishment of long-term rehabilitation goals and

intermediate rehabilitation objectives;

(15) on-the-job training or other related personal

assistance services provided while an individual with a

disability is receiving vocational rehabilitation services;

(16) supported employment services; and

(17) vocational rehabilitation services, when

provided for the benefit of groups of individuals, may

also include the following:

(A) in the case of any type of small business

operated by individuals with the most severe

disabilities, the operation of which can be improved

by management services and supervision provided

by the Department, the provision of such services

and supervision, along or together with the

acquisition of equipment and initial stocks and

supplies;

(B) the establishment, development, or

improvement of community rehabilitation programs,

including under special circumstances, the

construction of a facility, and the provision of other

services, including services offered at community

rehabilitation programs, which promise to contrib-

ute substantially to the rehabilitation of a group of

individuals, but which are not related directly to the

individualized rehabilitation written program of any

one individual with a disability. Such programs

shall be used to provide services that promote

integration and competitive employment;

COL1/11/2022

(C) use of existing telecommunications

systems, including telephone, television, satellite,

radio, and other similar systems, which have the

potential for substantially improving service deliv-

ery methods, and the development of appropriate

programming to meet the particular needs of

individuals with disabilities;

(D) the use of services providing recorded

material for individuals who are blind and captioned

films or video cassettes for individuals who are

deaf; and

(E) technical assistance and support services to

businesses that are subject to Title I of the

Americans with Disabilities Act of 1990 (42

U.S.C.§12111 et seq.) and that are seeking to

employ individuals with disabilities.

(m) Designated State Unit or State Vocational

Rehabilitation Agency means the designated state unit, which

is the Division of Vocational Rehabilitation (DVR),

designated to develop and administer the State Plan for

Vocational Rehabilitation Services.

(n) State Plan means the annual State Plan for Vocational

Rehabilitation Services, or the vocational rehabilitation

services part of a consolidated rehabilitation plan for

vocational rehabilitation. In order to be eligible to participate

in programs under the Rehabilitation Act of 1973, as

amended, the Division shall submit to the Commissioner of

Region IX, USDOE/Rehabilitation Services Administration a

plan for vocational rehabilitation services for a three (3) year

period, or shall submit the plan on such date, and at such

regular intervals, as may be determined to be appropriate to

coincide with the intervals at which the Division submits state

plans under other Federal laws, such as part B of the

Individuals with Disabilities Education Act (20 U.S.C. §1411

et seq.).

(o) Individualized written rehabilitation program shall do

all of the following:

COL1/11/2022

(1) Be designed to achieve the employment

objective of the individual, consistent with the unique

strengths resources, priorities, concerns, abilities and

capabilities of the individual, and to the maximum extent

appropriate, to include placement in integrated settings.

(2) Be jointly developed and agreed upon by the

eligible individual, or when appropriate, the individual's

parent, family member, guardian, advocate or authorized

representative, and DVR. In developing the program,

DVR shall inform the individual about and involve the

individual in choosing among alternative goals,

objectives, available services, entities providing the

services and the methods used to provide or procure the

services.

(3) Contain all of the information required by

Federal law and regulations, including a statement of the

specific vocational goods and services to be provided,

and the terms and conditions under which available

goods and services will be provided, to the extent Federal

funds are available, to the individual in the most

integrated setting.

(4) An individual is eligible for assistance consistent

with the approved state plan.

(p) Assistive Technology Service means any service that

directly assists an individual with a disability in the selection,

acquisition, or use of an assistive technology device;

including:

(1) the evaluation of the needs of an individual with

a disability, including a functional evaluation of the

individual in his or her customary environment or work

place;

(2) purchasing, leasing, or otherwise providing for

the acquisition by an individual with a disability of an

assistive technology device;

COL1/11/2022

(3) selecting, designing, fitting, customizing,

adapting, applying, maintaining, repairing, or replacing

assistive technology devices;

(4) coordinating and using other therapies, interven-

tions, or services with assistive technology devices, such

as those associated with existing education and

rehabilitation plans and programs;

(5) training or technical assistance for an individual

with a disability or, if appropriate, the family members,

guardians, advocates, or authorized representatives of the

individual; and

(6) training or technical assistance for professionals

(including individuals providing education and

rehabilitation services), employers, or others who provide

services to, employ, or are otherwise substantially

involved in the major life functions of individuals with

disabilities, to the extent that training or technical

assistance is necessary to the achievement of an

employment outcome by an individual with a disability.

(q) Comparable Services and Benefits means services and

benefits that are:

(1) provided or paid for, in whole or in part, by other

Federal or Local public agencies, by health insurance, or

by employee benefits;

(2) available to the individual within a reasonable

period of time; and

(3) commensurate to the services that the individual

would otherwise receive from the Division.

(r) Competitive Employment means work:

(1) in the competitive labor market that is performed

on a full-time or part-time basis in an integrated setting;

and

(2) for which an individual is compensated at or

above the minimum wage, but not less than the

prevailing wage for the same or similar work in the local

COL1/11/2022

community performed by individuals who are not

disabled.

(s) Employment Outcome means, with respect to an

individual, entering or retaining full-time or, if appropriate,

part-time competitive employment in the integrated work

setting to the greatest extent practicable; supported

employment; or any other type of employment that is

consistent with an individual's strengths, resources, priorities,

concerns, abilities, capabilities, interests and informed choice.

(t) Extended Employment means work in a non-

integrated or sheltered setting for a public or private nonprofit

agency or organization that provides compensation in

accordance with the Fair Labor Standards Act, and any needed

support services to a person with a disability to enable the

individual to continue to train or otherwise prepare for

competitive employment, unless the individual through

informed chooses to remain in extended employment.

(u) Integrated Setting with respect to the provision of

services or an employment outcome, means a setting typically

found in the community in which applicants or eligible

individuals have the opportunity to interact on a regular basis

with non-disabled individuals other than non-disabled

individuals who are providing services to those applicants or

eligible individuals.

(v) Maintenance means monetary support provided to an

eligible individual or an individual receiving extended

evaluation services for those living expenses, such as food,

shelter and clothing, that are excess of the normal living

expenses of the individual and that are necessitated by the

individual's participation in a program of vocational

rehabilitation services.

(w) Personal Assistance Services means a range of

services provided by one or more persons designed to assist an

individual with a disability to perform daily living activities

on or off the job that the individual would typically perform

without assistance if the individual did not have a disability.

The services must be necessary to the achievement of an

COL1/11/2022

employment outcome and may be provided only while the

individual is receiving other vocational rehabilitation services.

The services may include training in managing, supervising

and directing personal assistance services.

(x) Physical and Mental Restoration Services means

corrective surgery or therapeutic treatment that is likely,

within a reasonable period of time, to correct or modify

substantially a stable or slowly progressive physical or mental

impairment that constitutes a substantial impediment to

employment.

(y) Transitional Employment as used in the definition

supported employment, means a series of temporary job

placements in competitive work in integrated settings with

ongoing support services for individuals with the most severe

disabilities due to mental illness. In transitional employment,

the provision of ongoing support services must include

continuing sequential job placements until job permanency is

achieved.

COMMENT: Effective January 1, 2006, reference to the “Civil Service

Commission,” amended to “Director of Administration” pursuant to P.L. 28-

068:IV:45 (Sept. 30, 2005).

NOTE: Pursuant the authority granted by 1 GCA § 1606, numbers and/or

letters were altered to adhere to the Compiler’s alpha-numeric scheme.