Division Policy 2.18


Re-opening Case when Previous Status was Closed as "Failure to Cooperate"


October 9, 2007


January 18, 2013


This policy will be reviewed and updated as needed.


To enhance successful rehabilitation of Client’s (s) who were previously closed in the status "Failure to Cooperate".


34 CFR 361.38


Participants whose cases are closed for “failure to cooperate” and who do not successfully appeal the Division‘s decision for such closure may return to the Division at a later date for additional services.

Failure to cooperate might include any chronic failure to keep appointments for assessment, counseling or other services, as well as such things as combative, violent or threatening behavior.

Requests to open new cases or reopen previously closed cases must be evaluated on an individualized basis.  A minimum of three months should have elapsed prior to opening a new case or reopening a case previously closed in the “failure to cooperate” category.

During the evaluation period, an applicant who previously failed to cooperate must show evidence that such irresponsible behavior will not reoccur.  This might mean demonstrating the ability to keep appointments, return phone calls or manage their anger and hostility toward others. 

If necessary, after evaluating the applicant’s prior history with the Division, a psychological evaluation may be required and the applicant must agree to actively participate in such evaluation and adhere to any resultant recommendations.  The results of this evaluation and other assessments and the applicant’s willingness to participate in recommendations will be used when determining eligibility.

In the event a person is declared eligible for services, the applicant must comply with any agreed upon recommendations.

The Division will provide all applicants and eligible participants with a copy of the Vocational Rights and Responsibilities, in an accessible format of their choosing.

Exceptions due to specific factors or significant changes may be granted by the District Administrator.

Original signed by Joyce Hildreth, Director, on October 14, 2009.

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