Annual Report - Fiscal Year 2009

Download the Fiscal Year (FY) 2009 Annual Report in PDF

October 1, 2008 - September 30, 2009

Contents

• From the Executive Director
• WVA’s Programs
• FY 2009 Funding by Program
• Priorities and Objectives
• WVA’s Services
• Services Provided
• Protection and Advocacy for Individuals with Developmental Disabilities (PADD)
• Protection and Advocacy for Individuals with Mental Illness (PAIMI)
• Protection and Advocacy for Individual Rights (PAIR)
• Protection and Advocacy for Individuals with Traumatic Brain Injury (PATBI)
• Protection and Advocacy for Assistive Technology (PAAT)
• Client Assistance Program (CAP)
• Protection and Advocacy for Beneficiaries of Social Security (PABSS)
• Protection and Advocacy for Voting Access (PAVA)
• Potomac Center
• Litigation
• Systemic Advocacy
• Community Advocacy

From the Executive Director

You are receiving this report because you are a very important person. Possibly the most important person in the life of a person with a disability. This is true no matter who you are, even if you think you don’t know a person with a disability. Folks only need us when their relationships with you fail. Equality and justice for all, including people with disabilities, happens when we are good neighbors, good friends, and deal ethically and respectfully with each other. It is the policeman, banker, teacher, minister, store clerk, judge, state employee, poll worker, and the next door neighbor who smiles and says hello and means it, and the co-worker who becomes a friend, that causes equality and justice to happen. West Virginia Advocates exists because when you aren’t there to welcome people with disabilities into the communities they rightfully share with you and accept them for who they are, just people, they need someone to help them advocate for that right. My dream as Executive Director of West Virginia Advocates is that one day we will cease to exist because we have become unnecessary. This report, as proud as I am of the accomplishments it represents, is bittersweet proof that day is not here yet; in fact it isn’t even close. So I hope you will read this and appreciate what we have accomplished on behalf of people with disabilities, but also think about the people and circumstances behind the numbers and question what you could do to change next year’s report, and help us reach my dream no matter who you are.

This report covers the period October 1, 2008 through September 30, 2009. West Virginia Advocates is a federally funded, nonprofit 501(c)(3) with eight separate federal grants, and one state contract. Our vision statement is: West Virginia Advocates is the recognized catalyst for removing barriers to opportunity and equality for people with disabilities. We are strongly committed to the work we do and want to share what we have accomplished with you. FY 2009 was West Virginia Advocates thirty-second year as West Virginia’s Protection and Advocacy System. It was an exciting, challenging year for us and I want to share just a few of the highlights. Again, we served over 1,000 individuals in all 55 counties. We expanded our systemic advocacy, collaboration efforts with organizations state-wide and nationally, and broadened our outreach efforts. We increased our monitoring at the state psychiatric hospitals, and served every client there who asked for our services. We continued to provide advocacy, especially around healthcare issues, to people with disabilities who are in jails, prisons and juvenile justice facilities. Some of our most important work is promoting and teaching self-advocacy skills. We presented WrightsLaw Bootcamp, a major national training in special education advocacy. We also partnered with other organizations to promote self-advocacy conferences and events. Our Investigation team focused on numerous investigations of complaints of abuse and neglect. We participated in Disability Advocacy Day at the Legislature, and WORKFORCE West Virginia Day. Our newsletter, the Advocare, was published 2 times. We published our first voting newsletter ever. We served on a number of Councils/Advisory Boards including the MR/DD Waiver QA/QI Council, Developmental Disabilities Council, WVU Center for Excellence in Disabilities Advisory Council, Mental Health Planning Council, and the TBI/SCI Rehabilitation Fund Board. One of our staff serves on a Committee of the National Disability Rights Network, and we continued to serve on the Ohio Valley TBI Advisory Council.

We are constantly looking for new approaches to serve more individuals with the funds we receive and to trim our operating costs. West Virginia is facing tremendous challenges in the area of community based services, especially for people with mental illness. We are faced with chronically overcrowded state psychiatric facilities and a lack of accessible and affordable housing for people with all types of disabilities. West Virginia ranks 50th in the employment of people with disabilities and public transportation does not exist in many areas of our state. Adequate transition services are lacking in many of our schools. These are essential for people to move successfully from school to adult life. We hope that you will join us in our continued efforts to collaborate in solving these problems by visiting our web site, giving us input and suggestions, and offering to serve on our advisory council and Board of Directors. Equality occurs only when the whole community recognizes and commits to the reality that every person living in the community has a valuable contribution to make.

WVA Programs

WVA has eight programs that are federally mandated and funded. WVA also has one West Virginia State contract. Each program serves individuals with different disabilities and related rights issues.

FY 2009 Funding by Program

Priorities and Objectives

WVA develops annual disability rights related Priorities and Objectives (P&O’s) by gathering information from the public, our clients, their families, and disability advocacy groups.

These P&O’s guide our attention and resources, determine the applicable WVA program(s), the types of issues to be addressed, and the service(s) WVA can provide.

WVA’s Services

Systemic Advocacy Services

Activities or projects which have the potential to impact populations or systems, such as advocacy on behalf of groups, investigations, monitoring and research. It also includes collaboration, agency support or participation on committees, task forces, and class action/group impact litigation.

Community Advocacy Services

Activities or projects that provide outreach and educational presentations to people with disabilities, professionals, and the community at large. It also includes training in self-advocacy, training professionals, needs assessments, publications and media.

Direct Advocacy Services

Investigating Abuse and Neglect

Investigation of allegations of client abuse or neglect.

Information and Referral

Any caller can receive basic information provided by WVA, or referrals to another agency or resource. Information resources can be provided over the phone, via mail or the Internet.

Representation at Meetings

Attending a meeting with a client or representing the client at a meeting or series of meetings.

Representation and Hearings

Representing clients in an administrative hearing.

Short Term Assistance

Time limited advice and assistance which may include: reviewing information, counseling a client on actions one may take, and assisting the client in preparing letters, documents or making telephone calls to resolve the issue.

Technical Assistance

Information and assistance specific to a particular problem such as coaching the client in self-advocacy.

Litigation

Legal representation handled by an attorney using the court system for complaint resolution.

Services Provided

Service Area

In Fiscal Year (FY) 2009, West Virginia Advocates provided services to individuals with disabilities in all 55 counties in West Virginia.

Total Number of Services Provided

1034

Services provided By Program

Services provided By Service Type

Protection and Advocacy for Individuals with Developmental Disabilities (PADD)

Established by Congress under the Developmental Disabilities Assistance Bill of Rights (DD) Act of 1975. In 1977, the PADD program was established in West Virginia. The PADD program serves to advocate that individuals (adults and children) with developmental disabilities are afforded appropriate services in accordance with their individual needs. PADD is funded by the Administration on Developmental Disabilities, Administration for Children and Families, U.S. Department of Health and Human Services.

PADD Services’ Problem Areas

Highlights

Educating Instead of Suspending - We helped a child who had been suspended whom the mother felt was not getting the services they required. After our involvement the school returned the student to the classroom, and offered compensatory educational and speech services. We trained the parent to self-advocate more confidently in the future.

Proper Behavior Supports Increase Success in the Classroom - We assisted a parent whose child was not making adequate progress in school due to disability related behavior needs. As a result the school contracted with a specialist to conduct a functional assessment, develop a positive behavior support plan, staff was trained to implement the behavior support plan. A one-to-one paraprofessional was hired to implement the behavior plan and help the child to function in the classroom. We trained the parent to be a more informed advocate for their child in the future.

WVA Published New Title XIX Home And Community Based MR/DD Waiver Program Resource Guide for Consumers - The Medicaid Title XIX Home and Community Based MR/DD Waiver Program serves over 4,000 West Virginians with disabilities. People using these services frequently struggle to understand how the program works and what their grievance and due process rights are when they encounter problems. To help them we developed the Guide to Understanding Eligibility, Denial, and Self-Advocacy: West Virginia’s Title XIX Home and Community Based MR/DD Waiver Program. Copies were sent to all current program recipients and will be sent to individuals as they are determined eligible and placed on the waiting list. Additional copies are available on request and it is on our website.

Protection and Advocacy for Individuals with Mental Illness (PAIMI)

Established by Congress under the Protection and Advocacy for Individuals with Mental Illness Act of 1986. PAIMI was formed to help individuals with mental illness in both institutional and community settings and to investigate abuse, neglect and rights violations on their behalf. PAIMI is funded by the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration, Center for Mental Health Services.

PAIMI Services’ Problem Areas

Highlights

Advocacy Promotes Timely Hospital Discharge - A client in a state psychiatric hospital requested assistance with concerns about the side effects of their medication and an inability to communicate effectively with their treatment team. We assisted them in filing a grievance and educated them in self advocacy. As a result they were able to resolve their issues and were quickly discharged.

SSI Payee Returns Unearned Service Charges - A client in a state psychiatric hospital requested assistance because they were concerned that their SSI payee was not properly managing their funds while they were hospitalized. WVA found that the Social Security Administration, (SSA) continued to send the client a monthly check in the amount of $30.00, although they had discontinued his SSI payments until he was discharged from the hospital. The payee was keeping the $30 as a service fee even though there were no funds for them to be managing while the client was hospitalized. WVA was successful in getting the payee to reimburse the client $147 and to agree not to charge a service fee until the client was discharged and their SSI check was reinstated.

Correctional Facility Inmate Protected - WVA was contacted by an individual with mental illness who alleged that they were abused at a correctional facility. WVA report the allegation to the facility and the West Virginia State Police. As a result the client was removed from the general population to ensure their safety. WVA followed up ensure the allegation was properly investigated and referred to the Prosecutors Office for review.

Protection and Advocacy for Individual Rights (PAIR)

Established by Congress under the Rehabilitation Act of 1993. In 1994, WVA was designated the Protection and Advocacy for Individual Rights (PAIR). The PAIR program was formed to assist individuals with disabilities who are not eligible for other advocacy programs within WVA. PAIR is funded by the Rehabilitation Services Administration, Office of Special Education and Rehabilitative Services, U.S. Department of Education.

PAIR Services’ Problem Areas

Highlights

Prison Inmate Gets Cataract Surgery - An inmate at a state maximum-security correctional facility requested assistance with getting appropriate medical treatment for cataracts and severe myopia of his eyes. WVA obtained an evaluation for the inmate with a doctor not associated with the prison system. We filed a grievance with the risk manager of the contracted medical provider due to the failure of the prison medical department to provide adequate assessment and treatment. The client received cataract surgery.

Alternative School Placement Avoided - We received a call from a parent regarding her teenage child whom the school system planned to remove from the regular school environment and place in an alternative school because of behavior problems. WVA provided the parent with assistance on requesting prior written notice from the school concerning the proposed change of placement and how to get the school to do a new functional behavioral assessment. The parent was then able to get the school to agree to place the client on homebound instruction instead of in an alternative school. The parent felt that her child would benefit from this resolution.

Student Receives Counseling, Behavior Support, Health Care, and Occupational Therapy Services - We assisted a student with behavior problems who was not receiving the services to which they were entitled. As a result of our intervention the school system added direct counseling services; a functional assessment and positive behavior support plan developed by a contracted private provider, and a health care plan to the client’s IEP as well as providing compensatory occupational therapy services.

Protection and Advocacy for Individuals with Traumatic Brain Injury (PATBI)

PATBI was created in 2002 to expand advocacy services for individuals with traumatic brain injuries and to expand the service delivery system for this group of individuals. PATBI is funded by the Health Resources and Services Administration, U.S. Department of Health and Human Services.

PATBI Services’ Problem Areas

Highlights

WVA Co-sponsored “Blast Brain Injuries: Military And Mining” Conference - We collaborated with the Brain Injury Association of West Virginia, the WV University Center for Excellence in Disabilities and the WV Traumatic Brain Injury/Spinal Cord Injury Advisory Council to sponsor the conference “Blast Brain Injuries: Military and Mining.” The conference provided a forum of experts in the field of brain injury, the military, and the mining industry who educated and increased public awareness of the relationship between blast situations and how they can cause a traumatic brain injury. This conference was especially timely, given the large numbers of active duty and reservist military personnel from WV who are returning from Iraq and Afghanistan after having been exposed to blasts as well as the large number of West Virginians employed in the mining industry who are regularly exposed to the use of explosives.

WVA Partnered with the Centers for Disease Control and Prevention to Educate Doctors About Traumatic Brain Injury - Traumatic Brain Injuries, especially mild injuries, are too often over looked or misdiagnosed at the time the injury occurs. We did a special outreach to 691 doctors to increase their awareness of the risks and symptoms of TBI. The Centers for Disease Control and Prevention developed a publication “Heads Up: Brain Injury in Your Practice Toolkit” designed to increase the knowledge of doctors who may encounter traumatic injury in their practices. We distributed this kit to doctors throughout WV who are most likely to encounter TBI in their practices and those who treat underserved populations at increased risk for TBI. Additional copies of the CDC tool kit can be found at: http://www.cdc.gov/TraumaticBrainInjury/physicians_tool_kit.html.

Protection and Advocacy for Assistive Technology (PAAT)

PAAT was created in 1994 when Congress expanded the Technology-Related Assistance for Individuals with Disabilities Act (Tech Act). This program was formed to help individuals with disabilities obtain assistive technology devices and services. PAAT is funded by the Rehabilitation Services Administration, Office of Special Education and Rehabilitative Services, U.S. Department of Education.

PAAT Services’ Problem Areas

Highlights

State Complaint Results in Student Receiving Denied Services and Policy Changes - WVA assisted a student in filing a complaint against their county school system regarding educational rights violations regarding extended school year services and access to assistive technology. The WVDOE found in the student’s favor and provided the services they had denied. The investigation of the complaint identified two systemic problems in the county school system. WVDOE required the county to train all staff on extended school year services. The county was also required to develop a procedure and training on obtaining loaner assistive technology devices for students.

Due Process Complaint Results in Child Obtaining Hearing Aids - WVA provided legal representation to a student in filing for a Due Process hearing against a county school system because the school refused to pay for the student’s hearing aids. A West Virginia Advocates attorney successfully obtained a settlement which satisfied all of the parent’s demands and met the student’s needs. The county was also required to pay the student’s attorney fees.

Circuit Court Reversed Medicaid Administrative Appeal Ruling Denying Funding for a Wheelchair - WVA represented a child first with advocacy and then legal representation regarding Medicaid refusing to purchase a wheelchair because they had purchased a stroller previously. The hearing officer ruled against the child at the administrative hearing level. WVA then took the case to circuit court where the judge overturned the administrative hearing officer’s ruling and ordered Medicaid to fund the purchase of the wheelchair. It took three years of work by WVA to finally obtain this decision from the courts in FY’09.

Client Assistance Program (CAP)

Established as a mandatory program by the 1984 Amendments to the Rehabilitation Act, the CAP Program was formed to help individuals receiving services funded under the Act. CAP is funded by the Rehabilitation Services Administration, Office of Special Education and Rehabilitation Services, U.S. Department of Education.

CAP Services’ Problem Areas

Highlights

Making College a Reality - A client requested assistance with having the West Virginia Division of Rehabilitation Services’ (WVDRS) 14 credit hour per semester full-time college attendance requirement waived based on disability related needs and for assistance with transportation for attending college. We assisted the client in negotiating and resolving multiple barriers preventing him from obtaining the services he wanted. He was successful in receiving the services he needed from WVDRS and was able to attend college.

Publication Provides Extensive Employment Planning Information - West Virginia Advocates spent much of this year developing a powerful new resource to assist people with disabilities make informed choices about being employed. This publication, People with Disabilities Work, includes information on Knowing Your Employment Rights; Disability Benefits and Work; Ticket to Work; Supports to Work; Looking for a Job; After High School; Taxes; and Preparing for College. The publication is enhanced with colorful photos of original art work purchased from artists from the Fine Arts Program at the WVU Center for Excellence in Disabilities. We are making this resource available to students in schools throughout the state as they engage in planning their transition from school to adult life as well as to WVDRS counselors and customers, WorkForce offices, Ticket to Work holders, and vendors who provide employment related services to people with disabilities. It can be obtained by calling us or going to our website.

Protection and Advocacy for Beneficiaries of Social Security (PABSS)

Established by the Ticket to Work and Work Incentive Improvement Act of 1999 for individuals with disabilities who receive Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) who want to work or return to work. PABSS is funded by the Social Security Administration.

PABSS Services’ Problem Areas

Highlights

WVA Celebrates National Disability Employment Awareness Month - Equal employment opportunity rights are very important to people with disabilities. One important service we provide is promoting the hiring and retention of people with disabilities in the workforce by educating employers about the advantages of employing people with disabilities. This year we collaborated with the US Department of Labor’s Office of Disability Employment Policy during National Disability Employment Awareness Month to accomplish this. We sent posters and an employer’s reference guide to 300 employers state wide, including the largest employers in the state. At their request the Human Resources Department at West Virginia University received an additional 300 packets.

Protection and Advocacy for Voting Access (PAVA)

Established in 2003 as part of the Help America Vote Act of 2002 (HAVA). The PAVA program seeks to ensure that individuals with disabilities have full participation in the electoral process through voter education regarding registering to vote, casting a vote and accessing the polling sites. Activities also include training of poll officials and polling site accessibility surveys. PAVA is funded by the Administration on Developmental Disabilities, Administration for Children and Families, U.S. Department of Health and Human Services.

Highlights

People with Disabilities Vote! - Fiscal Year 2009 saw the introduction of our first ever Voting newsletter, “People with Disabilities Vote!”. It was distributed in time for the presidential election and will be published twice a year in the future. The purpose of the newsletter is to support people with disabilities in exercising their voting rights from registration through casting their vote at the polls or through an absentee ballot. It provides information on all aspects of voting. It also includes a pull out survey so you can send us information about the polling place where you vote and if it meets your needs. One of the services offered by WVA is on-site evaluation of polling places to assure that they are fully accessible. The current edition can be accessed on our web site.

Assisting Psychiatric Patients to Exercise their Voting Rights - Being hospitalized for the treatment of a mental illness should not mean you lose your right to vote. Many people with mental illness do not realize they can vote, even if they are in the hospital and unable to go to the polls on Election Day. We have developed a voter rights training, “You Have a Right to Vote” , which was offered to hospitalized patients and staff at the state psychiatric hospitals for the first time in 2009 in preparation for the presidential election. It will continue to be presented to patients and hospital staff several times a year.

Potomac Center

This monitoring project is part of the Hartley case in WV Circuit Court and emphasizes community placements, rights protection, educational services and discharge planning to 24 resident children of the Potomac Center in Romney, WV. The Potomac Center project is funded by the WV Department of Health and Human Resources.

Litigation

We assisted a child because the school district was not providing appropriate transportation services to meet their medical needs. We filed a due process complaint because the school had not developed an appropriate transportation plan and failed to provide reimbursement to the parents for transporting the student to and from school each day. In the agreement, the school district agreed to reimburse the parents for transportation to and from school until an appropriate transportation plan was developed; to reimburse the parents for transportation during the 2008-09 school year ($4859.93); and to pay $3000.00 for attorney fees.

A school system was requiring a student with mental illness to undergo a risk assessment. The school had also filed a juvenile petition on the child. The parent also wanted to know the legal requirement to determine least restrictive environment and whether the school was providing a free and appropriate public education (FAPE). The parent felt the school could not meet her child’s needs and wanted to move out of state so the child could attend a private school that would offer him the services he needed. WVA negotiated extensively with the Board of Education in an attempt to resolve the issues surrounding the client’s mother’s relocation so she could send the client to the school she had chosen. During mediation, the Board of Education offered the parent $47,500 as compensation for her child’s missed education during the 2008-09 school year, and offered to submit a written request to the Prosecuting Attorney’s office stating that the Board no longer wanted to pursue the juvenile charges filed against the child. In return the client was to be withdrawn from that county’s school and enrolled in whatever school district the mother chose. However, the mother declined the settlement offer and did not pursue the matter further.

Hartley Class Action - Mental Health Services - In 1981, The Hartley Class Action litigation (E.H. v. Matin) was filed with the West Virginia State Supreme Court. In 1982, the WV Supreme Court ruled that it was contrary to West Virginia Mental Health Law for the WV Department of Health (predecessor to WVDHHR) to “warehouse” an individual in a state mental institution. The matter was remanded to Kanawha Circuit Court. The parties then entered into a massive consent order dealing with just about every aspect of the state mental health system, with a Judge and Court Monitor to aggressively oversee the state mental health system. Hartley is one of the oldest class action settlements in the U.S. to remain open because of unresolved issues. In 2009, the Plaintiff’s counsel, Mountain State Justice, with West Virginia Advocates as co-counsel, reopened the Hartley case on the issue of the overcrowding of Sharpe and Bateman Hospitals (the two state owned psychiatric hospitals in WV). Evidentiary hearings were held in Kanawha County Circuit Court and the sides were ordered to mediation to attempt to resolve the issues without a judge’s order. After numerous mediation sessions, most of the issues were resolved with an agreed order. This resulted in an agreed order from the judge that required the WVDHHR to spend several million dollars on developing new community supports and diversionary programs to reduce commitments at the state psychiatric hospitals. Although WVDHHR had agreed to the contents of the order in mediation they later appealed it to the WV State Supreme Court of Appeals. The appeal is pending.

Hartley Class Action - Traumatic Brain Injury Services (TBI) - The Hartley settlement also contained an order for the State of WV to develop community based services for citizens with Traumatic Brain Injury. The State of WV failed to abide by the terms of the Traumatic Brain Injury agreed order, which was almost a decade old. Citizens of West Virginia with a TBI have very limited options to obtain and pay for the services they need, especially if their injury occurs after their twenty-second birthday and they are not eligible for the MR/DD Waiver Program. Because of the lack of a payment source there are a very limited number of vendors in West Virginia providing TBI specific services. Without adequate services to live in the community, TBI survivors are at risk to be institutionalized in a psychiatric hospital, long term care facility or jail. In 2009, the Plaintiff’s counsel, Mountain State Justice, with West Virginia Advocates as co-counsel, reopened the Hartley case on this issue in Kanawha County Circuit Court. Evidentiary hearings were scheduled. The State of WV filed with the WV State Supreme Court of Appeals in an attempt to block the hearings; however, the court remanded the case back to the lower court for further proceedings. Evidentiary hearings were held on West Virginia Department of Health and Human Resources’ (WVDHHR) failure to comply with Consent Orders entered in 2001 and 2007 in the Hartley case. The judge subsequently ordered mediation which was unsuccessful. The judge issued an order requiring the State of WV to apply for a Medicaid Waiver to serve people with Traumatic Brain Injury and to develop a plan for funding a TBI Trust Fund. WVDDHR has appealed the order to the WV State Supreme Court of Appeals.

Benjamin H. Class Action - In 1999, a class action suit, Benjamin H. vs. Ohl (“Benjamin H”), was filed regarding access to community based services for people with developmental disabilities. The court found that Medicaid beneficiaries were waiting too long for home and community based services, and ordered WVDHHR to provide timely services to individuals with developmental disabilities who were waiting for services. The court order resulted in the MR/DD Waiver growing from about a thousand recipients at that time to over four thousand recipients in 2008. However, for the past several years WVDHHR had been allowing a wait list to grow and people were being placed on the wait list without services for longer than 90 days, sometimes even as long as a year. In 2008, West Virginia Advocates filed a Motion for Enforcement in federal court on behalf of individuals who are placed on the MR/ DD Waiver waiting list after being determined to be eligible for those services. The motion asked the Court to find WVDHHR in violation of the March 15, 2000 Order in Benjamin H. v Ohl, which required the State to assure that the wait list moves “at a reasonable pace”, defined as having services begin within ninety days of the eligibility determination. A settlement was reached and a Court Order was issues in April 2009 which requires: WVDHHR will develop a single eligibility process for all medical programs used by waiver eligible applicants; WVDHHR’s DD Support Grant Program shall expand eligibility to include services to children under age 18; WVDHHR will file a Medicaid state plan amendment to include the provision of “personal care services” in the home or community based on medical necessity criteria; WVDHHR shall request approval from CMS for authority to fill waiver slots immediately as they become available; WVDHHR shall make annual budget requests to maintain the current appropriations and expand the waiver program by adding additional slots beginning in July 2012; and the parties shall meet quarterly to assess the efficiency and adequacy of the waiver program.

Systemic Advocacy

WVA dedicates significant resources to collaboration efforts, agency support or participation on numerous committees, task forces, or projects for the purpose of: reaching systemic goals or missions based on outcomes; networking and information sharing; supporting self advocacy; and federal funding requirements.

• ADA Coalition
• Alliance for Children
• American Association for Retired Persons
• Americans with Disabilities Act Coalition
• Americans with Disabilities for Attendant Programs Today
• Administrative Services Organization Quality Improvement Council
• Appalachian Center for Independent Living
• The ARC of the Mid-Ohio Valley
• Fair Shake Network
• Families Conference Planning
• Family Resource Networks
• Headstart
• Legal Aid of WV Behavioral Health Advocacy Program
• Marshall University - WV Autism Training Center
• Medicaid-Work Incentive Program
• Milestones- a provider of OT/PT/SLP services
• Mountain State Center for Independent Living
• Mountain State Justice
• NDRN Resource Advocacy Committee
• Northern WV Center for Independent Living
• Office for the Education of Homeless Children & Youth
• Ohio Valley Center (OVC) Traumatic Brain Injury Program Advisory Council
• Open Doors
• Parent Educator Resource Centers
• Parent Partnership Workgroup
• People First
• REM - Princeton
• Positive Behavior Support Trainers Network
• Quality Assurance/Quality Improvement (QA/QI) Advisory Council
• Statewide Rehabilitation Council
• TBI/SCI Rehabilitation Fund Board
• US Department of Justice
• Valley Mental Health
• WV Americans with Disabilities Act Coordinator
• WV Assistive Technology Related Loan Fund
• WV BHHF Division of Developmental Disabilities
• WV Birth to Three
• WV Brain Injury Association
• WV Bureau of Medicaid Services
• WV Chapter American Academy of Pediatrics WV Children’s Insurance Program
• WV Department of Education, Office of Special Programs Extended and Early Learning
• WV Department of Health and Human Resources - State Hospital Liaison/Linkage Workers
• WV Developmental Disabilities Council
• WV Division of Rehabilitation Services
• WVDHHR Bureau for Children and Families
• WV Early Intervention Inter-Coordinating Council
• WV Emergency Medical Services Technical Support Network
• WV FACES on Medicaid Coalition
• WV Financial Exploitation Task Force
• WV Insurance Commission
• WV Mental Health Consumers Association
• WV Mental Health Planning Council
• WV Bureau for Behavioral Health and Health Facilities
• WV Olmstead Advisory Council
• WV Ombudsman for Behavioral Health
• WV Parent Training and Information
• WV School for the Deaf and Blind
• WV State Department of Education
• WV State Family Support Council
• WV Statewide Independent Living Council
• WVU Center for Excellence in Disabilities

West Virginia Advocates Joins WV Financial Exploitation Task Force - One of our federal mandates is to investigate the neglect and abuse of individuals with disabilities. One area of abuse that seems to be increasing in frequency with the growing popularity of internet banking and shopping and identity theft is financial exploitation. The WV Financial Exploitation Task Force was convened during FY’09 to address the financial exploitation of vulnerable citizens, specifically the elderly and people with disabilities. In addition to West Virginia Advocates, other members of the Task Force are the American Association of Retired Persons (AARP), Legal Aid of West Virginia, Office of the Long Term Care Ombudsman, Social Security Administration, and the WV Medicaid Fraud Control Unit. This collaborative group is focusing on the prevention of financial exploitation through public education and policy change.

Disability Advocacy Day at the Legislature - West Virginia Advocates collaborated with the Fairshake Network, a grassroots advocacy organization, the Developmental Disabilities Council, and the WV Olmstead Council to provide a day of training for people wanting to learn more about self-advocacy and how that can be used to create policy and systems change. Bobby Silverstein of Powers Pyles Sutter & Verville, PC presented on Grassroots Advocacy and Building Self-Advocacy Skills Training. The following day was the annual Disability Day at the Legislature when West Virginia Advocates, members of Fairshake and people with disabilities and their families as well as organizations that serve them are invited to participate in activities at the Capitol in Charleston to educate legislators and citizens on disability concerns and services.

Community Advocacy

In Fiscal Year (FY) 2009, WVA provided numerous outreach and education opportunities to diverse audiences throughout the state on WVA services and disability rights advocacy issues or topics.

• Policy 2419 Training in: Berkeley, Jefferson, Morgan, Hampshire, Mineral, Hardy, Cabell, Lincoln, Mason, Putnam, Pleasants, Ritchie, Tyler, Wirt, Wood, Pendleton, Pocahontas, Randolph, and Upshur Counties
• “Go for Kids” Health and Safety Fair
• Blast Brain Injury Conference
• Camp Gizmo
• CARE-NET conference
• Celebrating Connections Conference
• Disability Advocacy Day at the Legislature
• Families Conference
• Huntington Community Resource Picnic
• Kanawha County Transition Fair
• Monongalia County Disability Awareness Fair
• Multi-Cultural Festival of West Virginia
• Parkersburg Committee on Disability
• People First Conference
• Rural Ministries Conference
• WORKFORCE WV Day at the Legislature
• WORKFORCE WV Offices
• WV Division of Rehabilitation Services

Assistive Technology Goes to Camp!! - Camp Gizmo is a week-long hands-on summer camp where parents, professionals and students learn how assistive technology can make a difference in the everyday activities of children aged birth to nine who have significant and multiple developmental needs. We collaboration with the West Virginia Birth to Three Program, sponsors of the camp, to build grass roots advocacy skills by presenting “Being an Effective Advocate for a Child with Special Needs”. We also participated in a resource panel focused on how to access assistive technology as well as the overall work West Virginia Advocates does.

Self-Advocacy Changes Lives - Promoting, teaching and empowering self-advocacy is one of the most important things we do. Representation is valuable, but teaching people to represent themselves and to support others in learning how to do so is far more valuable. Competent self-advocacy changes lives; when present real community grows and flourishes. One of our efforts this year to grow self advocacy was collaboration with the Rural Ministries Conference at their annual training. Our presentation, “Developing Capacity for Nurturing Self-Advocacy,” helped attendees learn strategies for recognizing the strengths, talents and contributions of community members with disabilities and how to recognize barriers and increase inclusion in their communities.

Strengthening Families Improves Lives - West Virginia Advocates supported families of people with developmental disabilities by partnering with Department of Health & Human Resources Family Support Program, the Developmental Disabilities Council, the WVU Center for Excellence in Disabilities, and the Birth to Three Program to sponsor the annual Families Conference. The WVDHHR Family Support Program exists to provide families who have an individual with developmental disabilities living in their home with assistance obtaining the resources needed for the person to continue to live at home. The Families Conference is a wonderful three day family opportunity for a mini-get away, fellowship, learning, empowerment and networking all at no cost to the families. This year West Virginia Advocates provided financial support for the conference as well as providing training on self-advocacy and networking with families about their needs and our programs and services.

Use of Technology Promotes Special Education Self-Advocacy - Help with special education issues is the most requested service at West Virginia Advocates. Understanding special education rights and requirements is a complex challenge faced by every parent with a school aged child with a disability. Developing good self-advocacy skills is critical. To assist parents in meeting this challenge, West Virginia Advocates launched our first web based Message Board this year. People join by going to our web site and signing up. Our Special Education Message Board is an easy, quick, no-cost to the user, opportunity for anyone to ask special education questions and have those questions researched and answered by our legal and advocacy staff. The answers are posted for other message board members to read.

Employment for People with Psychiatric Disabilities - One of the areas in which West Virginia Advocates provides advocacy is employment rights. As part of this work we co-sponsored a conference, “Employment for People with Psychiatric Disabilities”, presented by the ADA Coalition. The conference focused on training professionals already involved in disability employment to increase their understand of employment rights and benefits of employing individuals with psychiatric disabilities. Topics covered included: the Americans with Disabilities Act (ADA) including the 2008 ADA Amendments Act; Interactive Reasonable Accommodations Process; Family Medical Leave Act (FMLA) and ADA; Time Off for Health Reasons; Discipline Issues and Employee Evaluations; Disclosure; and Resources for Technical Assistance. West Virginia Advocates used this opportunity to provide additional training to our staff as well.

WVA Participates in Partners in Policy Making Training - Partners in Policymaking is a program the Developmental Disabilities Council offers to train West Virginians with developmental disabilities and their families to become effective advocates at the level of policy making and systems change. This program is an invaluable opportunity for people with disabilities to become well trained grass roots advocates. WVA was pleased to be invited to be a trainer for this program in the area of the educational rights of children and youth with disabilities.

Wrightslaw Special Education Boot Camp Huge Success! - WVA sponsored a Wrightslaw Boot Camp Special Education training in November 2009 in an effort to educate parents about their child’s right under the Individual with Disabilities Education Act. Pete Wright, nationally known expert in special education law, presented to an audience of 130 people. Those in attendance included parents, special education staff from various counties and the WVDOE, attorneys and social workers. Participants received two volumes of special education legal rights materials. WVA also donated those materials to public libraries in WV so parents and teachers who could not attend had convenient access to information in their own communities. WVA will be sponsoring another Wrightslaw Boot Camp in April 2011.

WVA Sponsors Legal Training on Employment Discrimination - In 2009, WVA trained 100 attorneys and advocates from Charleston, Huntington, Beckley and Morgantown at a seminar on the legal rights of individuals with disabilities in the work place and the legal remedies available to them when discrimination occurs. The seminar, which provided free continuing legal education units to attorneys, was possible through the generosity of Bill Byrne of Byrne & Hedges who coordinated the event, and Allan Karlin of Allan N. Karlin & Associates, David Morrison of Steptoe and Johnson and Paul R. Sheridan of the WV Office of the Attorney General, all of whom were pro bono presenters. Mr. Karlin is a nationally recognized attorney in the area of employment law who represents clients in WV. Mr. Sheridan is Deputy Attorney General for the Civil Rights Division and has litigated discrimination and harassment cases since 1990. Mr. Morrison is nationally recognized for his work in employment law and has broad experience representing both employers and employees. The presenters each brought tremendous knowledge as well as unique perspectives from their own personal experiences as employment attorneys to the seminar. The interaction between presenters made for a lively and informative session.