Commission split over Client Assistance Program redesignation; motion fails

Members of the commission debated whether Maryland’s Client Assistance Program (CAP) should be redesignated to sit outside the Division of Rehabilitation Services (DORS). Disability Rights Maryland and several commissioners argued CAP should not be located within the agency it is charged to investigate, citing an inherent conflict of interest.

Megan Jones, representing Disability Rights Maryland, recommended redesignation and outlined a federal/state redesignation process that requires the governor to provide written notice, public hearings and a response period. She cited recent moves in other states (Maine, South Carolina, Wisconsin) where client assistance functions were moved out of state VR agencies.

Opponents and abstainers pointed to timing concerns: some commissioners said a redesignation may be premature while MSDE leadership is addressing vacancies and stabilizing operations, and they worried that moving CAP now could leave DORS without needed administrative capacity. Scott (division leadership) said RSA has not identified cause to require redesignation and that the CAP program currently operates independently within the division.

The vote on a motion to recommend redesignation of CAP out of DORS resulted in 4 in favor, 6 opposed and 4 abstentions, so the recommendation did not pass.

Procedural context: Commission members noted that the governor would be the decisionmaker for redesignation and that federal requirements (notice, public hearings, response windows) apply. Disability Rights Maryland said it will submit minority comments alongside the commission’s final report.

Next step: The commission did not adopt a redesignation recommendation; advocates signaled they would pursue written recommendations and a minority report.