Answer: According to the Regulations Implementing the Developmental Disabilities Act of 1996, a recipient is defined as:

A young child (not yet old enough to enter first grade) is considered a person with a developmental disability if he or she has:

• A condition which has a high probability of resulting in mental retardation; or significant delay in cognitive development and adaptive behavior;

• A Pervasive Developmental Disorder (i.e., Autistic Disorder, Rhett's Disorder, Childhood Disintegration Disorder, Asperger's Disorder, and Pervasive Developmental Disorder Not Otherwise Specified) resulting in significant delays in adaptive behavior.

• Mental Retardation (i.e., significantly sub-average cognitive functioning documented by a Full Scale Intelligence Score of 70 or below on an appropriate standardized test of intelligence and resulting in substantial deficits in adaptive functioning) or a pervasive developmental disorder (i.e., Autistic Disorder, Rhett's Disorder, Childhood Disintegration Disorder, Asperger's disorder, and pervasive developmental disorder not otherwise specified) which took place before age 18 years; and,

• has substantial deficits in adaptive behavior which occurred before age 18.

A recipient is either:

• A person with a developmental disability; or

• A family member who supports a person with a developmental disability who receives supports, vouchers, or case benefits funded by the State of Vermont's Division of Disability and Aging Services.

Question: How is eligibility determined?

Answer: The Division of Disability and Aging Services has designated an agency for each geographic region of Vermont in accordance to the requirements of the Administrative Rules on Agency Designation.

It is the responsibility of the local Designated Agency for the region within which the potential recipient resides to make the eligibility determination. This determination is based on an assessment of evaluation tools (including standardized tests, developmental assessments, medical records, etc.) prepared and reviewed by an appropriate professional against the criteria defined in the previous question of this text.

The Adiministrative Rules on Agency Designation as well as the State's System of Care Plan are available online at the Division of Disability and Aging Services' website, or in hard copy from the Division of Disability and Aging Services.

Question: Who provides the testing and assessment services in order for eligibility to be determined?

Answer: According to the Regulations Implementing the Developmental Disabilities Act of 1996, the information needed to make eligibility determinations either will come from existing documents, or from new test results. Information sources are as follows:

• For young children, the diagnosis must be made by a physician or licensed psychologist and be based upon:

1. observations and reports by the family and other assessment team members;
2. a review of pertinent medical/educational records as needed; and,
3. appropriate screening and assessment instruments.

• For individuals thought to have Pervasive Developmental Disorders, the diagnosis is based on the criteria contained in the Diagnostic and Statistical Manual of Mental Disorders (current edition), and be made by any of the following professionals:
• a Board-Certified or Board-Eligible child and adolescent Psychiatrist;
• a Licensed Psychologist who is specially trained to diagnose children;
• a Board-Certified or Board-Eligible Pediatrician with specialized training;
• a Physician or Psychologist recognized by the Division of Disability and Aging Services as having specialized training.
• For school-aged children and adults, the diagnosis must be made by a licensed psychologist who personally performs or reviews assessments that document the individual's level of cognitive functioning, areas of adaptive behavior deficit, and the age of onset (must be before age 18 years).

Upper Valley Services contracts with a Licensed Psychologist as well as a Board-Certified Psychiatrist. Consequently, UVS has appropriately licensed professionals available to make many eligibility determinations. UVS has the ability to locate an appropriate professional when additional expertise and credentials would be needed in order to make an eligibility determination.

A copy of the Regulations Implementing the Developmental Disabilities Act of 1996 may be obtained from either the Division of Disability and Aging Services or from Upper Valley Services.

Question: Does the presence of an Individual Educational Plan (IEP) automatically make one eligible for services form Upper Valley Services?

Answer: No. Circumstances that may result in special education services may involve conditions that do not meet the eligibility requirements defined in the Developmental Disabilities Act of 1996. For example, the terms "learning disabled" and "mental retardation" are not synonymous. The eligibility determination must be made by the Designated Agency on a case-by-case basis.

Question: Does being found eligible guarantee services and supports from the service system?

Answer: No. Vermont, like any other state, does not have a limitless source of funds. Unlike education services, for which there is an entitlement, services and supports from funds administered by the Division of Disability and Aging Services are provided only when the needs of the individual meet the funding priorities as defined in the State's System of Care Plan. The current priorities can be found in the State's System of Care Plan, which can be obtained from the Division of Disability and Aging or from Upper Valley Services.

Question: Who determines if an individual qualifies under one or more of the funding priorities?

Answer: The Designated Agency is responsible for determining eligibility, and for assessing the extent of one's need(s) against the current funding priorities. The State's Equity and Public Safety Committees are also responsible for determining a funding limit for those individuals whose needs are within the scope of the funding priorities.

Question: Are there provisions for appealing a decision of the Designated Agency?

Answer: Yes. Individuals applying for and receiving services have appeal rights assured through the statutes and regulations. The appeal rights and procedures are defined in the Adiministrative Rules on Agency Designation, which requires Designated Agencies to have a grievance procedure.

Question: Who does a person talk with about eligibility questions?

Answer: If you have questions about eligibility, contact any of the Upper Valley Services' case managers. You may do this by phone, by letter, or through our Website: www.uppervalleyservices.org. A case manager will be pleased to discuss any specific questions that you may have. If you wish to apply for services from UVS, the process can be started through any UVS case manager.

Question: What supports does Upper Valley Services provide?

Answer: UVS works with individuals and their families to design, develop and implement services and supports that respond to individual support needs. Once eligibility is determined and funding is approved under the current System of Care Priorities, UVS will attempt to structure an array of services and supports that will meet the individual circumstances of the person.

Question: How is Upper Valley Services funded?

Answer: The vast majority of services and supports offered through Upper Valley Services are funded via an authorization from the State's Division of Disability and Aging Services through the Medicaid Waiver Program.

Funding is generally based upon services to individuals and not on block funding to start and support large programs. Each individual served by Upper Valley Services, therefore, has his/her own budget that describes the types of services authorized.

Upper Valley Services' employment program located in Bradford, Bradford Employment Services, is funded by a specific grant from the Division of Vocational Rehabilitation. This grant funds the competitive employment program at the Bradford program site and requires specific outcomes (i.e., number of placements) in order to justify funding continuation each year.

Some other services such as assessment, evaluation and psychotherapy, are paid for on a fee-for-service basis through Medicaid billing. Other state and local agencies, such as the Department of Education or local school systems, may purchase specific services from UVS on behalf of their students.

Upper Valley Services also has the ability to offer services on a private-pay basis for persons who are not eligible for Medicaid and the State funding priorities, who wish to purchase their own supports.

Question: How many people are served by Upper Valley Services?

Answer: Upper Valley Services has three primary program locations: Randolph, Bradford and Moretown. Each of these program locations provides individuals with a full range of services and supports according to the designation requirements of the State of Vermont. Overall, UVS supports over 200 people with a wide variety of services including: residential, day support, employment support, case management, counseling, respite and psychiatry. The youngest person supported by UVS is 1 year of age, and the oldest is in her 70's.

Question: Where can I find information about specific disabilities?

Answer: Upper Valley Services may be contacted with questions about specific disabilities which may lead to an eligibility for services and supports. Individuals are also welcome and encouraged to make full use of the links section of our web page. The link to Family Village is a particularly useful reference that is very easy to navigate through. Family Village is a resource that is maintained through the University of Wisconsin.

Question: Who are possible service providers within Orange County?

Answer: Depending upon need, the primary agency providing services funded by the Division of Disability and Aging Services' within Orange County is Upper Valley Services, Inc. Individuals experiencing mental health issues are generally supported through the Clara Martin Center. The Clara Martin Center also has offices in Randolph and Bradford.

Question: Can individuals and their families manage their own services?

Answer: Yes. If you are interested in managing services yourself, UVS will assist you in structuring your supports so they can be self-directed. Each circumstance is unique and would need to be approached individually. Further, you may decide that you want to direct some services while having UVS direct others. This also is possible. UVS is committed to assisting each individual (and their family) to access services they need and want in the most comfortable and responsive manner possible.

Question: What is guardianship, and how is guardianship arranged?

Answer: The subject of guardianship is very complicated and the best recommendation would be to contact the Division of Disability and Aging Services' directly (802) 241-2614. Other sources of information would be the Family Court, Probate Court and Vermont Legal Aid.

Many parents have been surprised to learn that their natural guardian status (as a parent) stops when their family member turns 18 years of age. This happens irrespective of the individual's diagnosis or perceived competence. In order for someone to have a guardian once they reach the age of 18, their need for a guardian must be evaluated by the Vermont court system.

Question: How does someone become a home provider for Upper Valley Services?

Answer: Anyone interested in sharing his or her home with a person with a developmental disability, may contact a case manager at any UVS office. The case manager will explain the responsibilities and expectations of being a home provider. In addition, the case manager will provide the necessary home provider application and reference forms. Placing an individual with a developmental disability into a private home setting is done very cautiously. These situations are extremely successful where there are strong and positive relationships existing between the home provider and consumer. These relationships take time to develop, consequently, placement decisions are not made quickly.