Code of Federal Regulations (alpha)

CFR /  Title 38  /  Part 21  /  Sec. 21.8082 Inability of child to complete individualized written plan

(a) Inability to timely complete an individualized written plan of vocational rehabilitation or achieve identified goal. After a vocational training program has begun, the VR&E; case manager may determine that the eligible child cannot complete the vocational training program described in the child's individualized written plan of vocational rehabilitation within the time limits of the individualized written plan of vocational rehabilitation or cannot achieve the child's identified vocational goal. Subject to paragraph (b) of this section, VR&E; may assist the child in revising or selecting a new individualized written plan of vocational rehabilitation or goal.

(b) Allowable changes in the individualized written plan of vocational rehabilitation or goal. Any change in the eligible child's individualized written plan of vocational rehabilitation or vocational goal is subject to the child's continuing eligibility under the vocational training program and the provisions governing duration of a vocational training program in Sec. Sec. 21.8020(e) and 21.8070 through 21.8074. (Authority: 38 U.S.C. 1804(d), 1804(e), 1814)

(c) Change in the individualized written plan of vocational rehabilitation or vocational goal. (1) The individualized written plan of vocational rehabilitation or vocational goal may be changed under the same conditions as provided for a veteran under Sec. 21.94 (a) through (d), and subject to Sec. 21.8070 (d) through (f), if:

(1) The individualized written plan of vocational rehabilitation or vocational goal may be changed under the same conditions as provided for a veteran under Sec. 21.94 (a) through (d), and subject to Sec. 21.8070 (d) through (f), if:

(i) The CP or VRC determines that achievement of a vocational goal is still reasonably feasible and that the new individualized written plan of vocational rehabilitation or goal is necessary to enable the eligible child to prepare for and participate in vocational training or employment; and

(ii) Reentrance is authorized under Sec. 21.8284 in a case when the child has completed a vocational training program under this subpart.

(2) A CP or VRC may approve a change of vocational goal from one field or occupational family to another field or occupational family if the child can achieve the new goal:

(i) Before the end of the basic 24-month entitlement period that Sec. 21.8020(e)(1) describes; or

(ii) Before the end of any allowable extension under Sec. Sec. 21.8020(e)(2) and 21.8072 if the new vocational goal in another field or occupational family was identified during the basic 24-month entitlement period.

(3) A change from one occupational objective to another in the same field or occupational family does not change the planned vocational goal.

(4) The child must have sufficient remaining entitlement to pursue the new individualized written plan of vocational rehabilitation or goal, as Sec. 21.8020 provides. (Authority: 38 U.S.C. 1804(d), 1814)

(d) Assistance if child terminates planned program before completion. If the eligible child elects to terminate the planned vocational training program, he or she will receive the assistance that Sec. 21.80(d) provides in identifying other resources through which to secure the desired training or employment. (Authority: 38 U.S.C. 1804(c), 1814)

Counseling