Chapter 03. Independent Living Services

In this chapter, the following words have the meanings indicated.

Terms Defined.

An individual may apply for independent living services by contacting the Division directly or upon referral by individuals, organizations, public or private agencies, and other sources. Students with disabilities shall be referred by local education agencies not later than the fall semester of the next to last year before the student's anticipated exit from school.

The individual or referral source shall, to the extent possible, make available to the Division medical, social, and vocational information to assist in the determination of eligibility for independent living services under Regulation .04 of this chapter.

The Division shall schedule an interview with the individual upon initial contact or referral to:

The Division shall conduct an assessment of independent living potential for each individual with a significant disability who applies for independent living services. The assessment:

The Division shall conduct an assessment specifically for purposes of determining eligibility for independent living services only if already available information is not complete, relevant, or current.

The eligibility requirements shall be applied by the Division without regard to sex, race, creed, color, age, national origin, residence, physical or mental disability, or political affiliation.

An applicant's eligibility for independent living services shall be based upon:

For purposes of determining an applicant's eligibility for independent living services, improvement in ability to function independently in family or community refers to a demonstration in functional and behavioral terms of an individual's greater independence or maintenance of independence in areas such as:

The Division shall certify in writing the reasons for finding an individual eligible for independent living services and shall have pertinent documentation supporting the certification. The certification of eligibility shall be dated and signed by the rehabilitation counselor.

If the individual has an employment goal and is eligible for vocational rehabilitation services, the individual shall be served through the vocational rehabilitation program (COMAR 13A.11.01).

An independent living plan shall be initiated and periodically updated for each eligible individual who is provided independent living services unless the individual waives the requirement of the independent living plan in writing. If the independent living plan is waived, services to be provided shall be documented by the rehabilitation counselor in the record of services. The independent living plan shall be developed jointly by the rehabilitation counselor and the eligible individual or, as appropriate, individual and the individual's representative. Independent living services shall be provided in accordance with the independent living plan.

The Division shall provide a copy of the independent living plan and any amendments to the eligible individual or, as appropriate, the individual and the individual's representative and shall advise the eligible individual or, as appropriate, the individual's representative, of the procedures and requirements affecting the development and review of the independent living plan.

The independent living plan shall be initiated after the certification of eligibility under Regulation .04 of this chapter.

The independent living plan shall include, as appropriate:

The independent living plan shall be reviewed as often as necessary but at least on an annual basis to determine whether services should be continued, modified, or discontinued, or whether the individual should be referred to a program of vocational rehabilitation services under COMAR 13A.11.01 or to any other program of assistance. The eligible individual, or, as appropriate, the individual and the individual's representative, shall be given an opportunity to review the program and, if necessary, jointly redevelop and agree by signature to its terms.

The eligible individual or, as appropriate, the individual and the individual's representative, shall sign the independent living plan and any amendments indicating that the:

The development of the independent living plan for transitioning students shall be coordinated to the maximum extent possible with the individualized education program for the individual prepared under Individuals with Disabilities Education Act, as amended.

Independent living core services;

Evaluation of independent living potential, including diagnostic and related services incidental to the determination of eligibility for, and the nature and scope of, services to be provided;

Counseling services, including psychological, psycho-therapeutic, and related services;

Services related to securing housing or shelter, including services related to community group living that promote independence, and adaptive housing services, including appropriate accommodations to and modifications of any space used to serve, or to be occupied by, individuals with significant disabilities;

Personal assistance services, including attendant care and the training of personnel providing these services;

Transportation, including referral and assistance for transportation;

Rehabilitation technology;

Services and training for individuals with cognitive and sensory disabilities, including life skills training and interpreter and reader services;

Individual and group social and recreational services;

Mobility training;

Surveys, directories, and other activities to identify appropriate housing, recreation opportunities, accessible transportation, and other support services;

Consumer information programs on rehabilitation and independent living services available under the Rehabilitation Act, especially for minorities and other individuals with significant disabilities who have traditionally been unserved or underserved;

Education and training necessary for living in a community and participating in community activities;

Supported living;

Physical rehabilitation;

Therapeutic treatment;

Provision of needed prostheses and other appliances and devices;

Services under other federal, state, or local programs designed to provide resources, training, counseling, or other assistance of substantial benefit in enhancing the independence, productivity, and quality of life of individuals with significant disabilities;

Community awareness programs to enhance the understanding and integration into society of individuals with significant disabilities;

Any appropriate preventive services necessary to decrease the future needs of individuals with significant disabilities assisted under this program for similar services; and

Any other vocational rehabilitation services available under COMAR 13A.11.01, which are appropriate to the independent living needs of an individual with a significant disability.

The decision to close a record of services shall be made only with the full participation of the applicant or eligible individual, or, as appropriate, the individual and the individual's representative, unless the individual has refused to participate, is no longer present in the State, or cannot be located. The views of the individual or, as appropriate, the individual and the individual's representative, shall be recorded in the record of services.

Whenever a record of services is closed, the Division shall give the applicant or eligible individual or, as appropriate, the individual and the individual's representative, written notice of the:

If a record of services is closed based on a determination that independent living services will not significantly assist the individual to improve the individual's ability to function independently in family or community or to engage or continue in employment, the Division shall review the decision within 12 months after the determination has been made. The individual shall be given written notice and opportunity to participate in the review, unless the individual refused a review, is no longer present in the State, or the individual's whereabouts are unknown. The Division shall conduct subsequent reviews at the request of the individual.

Criteria for Closing a Record of Services.