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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 Eligibility To be eligible for services under our PAIMI Program a person must have a significant mental illness, emotional impairment, and/or receives inpatient treatment in a State psychiatric hospital. PAIMI Funding Source U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration, Center for Mental Health Services. PAIMI Publications

KNOW YOUR RIGHTS: DISPUTE RESOLUTION Parents are encouraged to work with their school districts to resolve disagreements regarding the need for special education or related services. These informal discussions include eligibility committee meetings, Individualized Education Program (IEP) meetings, 504 plan meetings, discussions with the school principal, and discussions with the special education coordinator or superintendent of your district. Parents should be willing to compromise, but feel empowered to make their child’s needs known and speak up when they disagree. Parents are wise to put their wishes and disagreements in writing and send a copy to the school district. Also, parents of students with disabilities need to familiarize themselves with the law, policies and procedures regarding special education and the processes available to protect those rights. Below are methods available under Federal and State law to help resolve matters regarding special education or related services: State Complaint (Investigation) – This is a formal complaint process that can trigger an investigation conducted by the Office of Special Programs (OSP) where there are issues regarding the identification, evaluation, placement, the provision of appropriate services, or a general complaint with school policy. This is a great self-advocacy tool for parents because once a sufficient complaint is filed, a third-party investigator will look into the alleged violations. Within 60 days of filing a complaint (excluding unusual circumstances), the investigator will generate a report detailing their findings and submit a corrective action plan if violations are found. Mediation – Mediation is a voluntary process that encourages parents and district to come together with the help of a neutral third party to reach an agreement. Opportunities to mediate can arise as part of a state complaint investigation or due process hearing procedure, but parents may also request a standalone mediation session. Mediation is arranged and paid for by the WV Department of Education at no cost to the parents or district. You do not have to come to an agreement at the end of mediation session. Due Process Complaint – This is the most formal of the dispute resolution procedures and is very similar to a court proceeding. The school district will have an attorney to represent them in front of an Administrative Law Judge. Parents may represent themselves or have an attorney present. This dispute resolution process is complex, but a necessary step when other avenues of resolving disputes prove futile or they feel that their child is in danger. In some circumstances, a parent may request and be granted an expedited hearing. Additionally, parents and districts will have the opportunity to participate in a dispute resolution session, which is much like mediation, after a due process complaint is filed. The funding for this publication is provided, at taxpayer expense, by the U.S. Department of Health and Human Services, Administration for Community Living. Published by Disability Rights of West Virginia (DRWV). Content is solely the responsibility of DRWV and does not reflect the official views of the funding agency. Know Your Rights: Dispute Resolution (PDF)

Make Your West Virginia Small Business Welcoming for Every Customer Small Business Accessibility: Make Your West Virginia Small Business Welcoming for Every Customer By: Ed Carter May 2026 West Virginia small business owners and the customers with disabilities they serve often run into the same frustrating gap: a shop can be friendly in intent yet still feel hard to use in practice. Accessibility challenges show up in everyday moments, getting through the door, reading a menu, hearing a question, or finding a clear way to ask for help, and those friction points quietly send people elsewhere. Add uncertainty about legal expectations and what “inclusive customer service” really looks like, and many businesses stay stuck between wanting to do right and not knowing where to start. The payoff is simple: a place more people can choose with confidence. Quick Accessibility Takeaways Start by identifying your biggest accessibility barriers and prioritize fixes that improve day to day customer access. Improve physical access by checking entrances, paths, seating, and restrooms for practical usability. Strengthen communication access by offering clear information and flexible ways to ask for help. Build inclusion into service by training staff to respond respectfully and consistently to disability needs. Understanding Accessibility and Your Rights It helps to name the goal first. Accessibility means removing barriers so people with different bodies, senses, and minds can use your space, services, and website with dignity. Disability rights law sets a baseline for equal access, while everyday inclusion is how that baseline shows up in real customer moments. This matters because people with disabilities are not a tiny group. 16% of the global population live with a disability , and many need clear options and respectful support to shop confidently. When customers can self-advocate without conflict, businesses reduce risk and build lasting trust. Picture a customer asking for a quieter spot, help reading a form, or an easier way to order online. Following WCAG 2.0 for assessing web accessibility and practicing calm, flexible service turns a legal “must” into a welcoming “we can.” With the principles clear, you can pick upgrades that fit your space, budget, and customers. Make It Easier to Enter, Ask, and Buy: A Practical Checklist Small changes can remove big barriers. Think like a financial plan: pick a few high-impact fixes now, budget for the next round, and keep improving as customers tell you what they need. Clear the path from parking to checkout: Walk your customer route with fresh eyes, parking/curb, doorway, aisles, restroom, counter, and fix the simplest barriers first. Add a portable ramp if you have a single step, keep entry mats flat, and create at least one wider “main aisle” by moving a display table. Put the most-used items and a payment option within reach from a seated position. Make your entrance and counter easy to use: If your door is heavy, add a doorbell or call button so someone can help quickly, and keep the threshold clear of clutter or temporary signs. At the counter, designate a lower, clear space for signing and paying, even if it’s just one section kept empty. Good lighting and reduced background noise near the register help customers who lip-read or process speech more slowly. Use “plain language” communication in three steps: Greet the customer, offer help once, then wait, “Hi, let me know how I can help” beats hovering or speaking for a companion. When explaining options, give two or three choices at a time and confirm with a simple check-back: “Just to be sure I explained it clearly, do you want option A or B?” Keep a small notepad available for writing, drawing, or exchanging short messages when speech is hard to understand. Offer reasonable accommodations with a simple, consistent process: Decide ahead of time what you can usually do, read a menu aloud, bring items to the door, allow extra time at checkout, fill out a short form together, or offer a quieter spot to talk. Train staff to respond with “Yes, we can try that” instead of debating whether it’s “required.” The U.S. Department of Labor notes many accommodations for people with disabilities can be implemented at no cost to employers, which can help you prioritize solutions that fit tight budgets. Use low-cost assistive tech that helps everyone: Add large-print versions of key documents, price lists, and instructions, and put a QR code nearby that links to a screen-reader-friendly page. Offer multiple ways to communicate, phone, email, and text-based options, so customers can choose what works. If you take appointments, consider online scheduling with a notes field for accommodation requests. Train staff with short scripts and real-life practice: Do a 30-minute monthly “accessibility huddle” that covers one topic: guiding a blind customer, interacting with a Deaf customer, or supporting someone with anxiety. Practice respectful language, asking before helping, and what to do if a customer says a barrier is stopping them from shopping. Make it clear who can approve on-the-spot fixes (like moving a chair or opening a second register) so employees aren’t afraid to act. When you combine physical access, clear communication, and a reliable accommodation routine, you reduce frustration on both sides, and you’ll be ready if a customer raises a concern, asks for documentation, or needs support navigating their rights. Accessibility Questions, Answered Q: What are some simple ways to make my small store more accessible and welcoming to people with disabilities? A: Start with the basics customers notice first: clear, stable walkways, easier door access, and uncluttered aisles. Add a simple “need help?” bell, provide a seat for waiting, and keep a notepad for written communication. Then ask, “What would make this easier today?” and follow through. Q: How can I reduce the stress and overwhelm of updating my store's accessibility features? A: Treat it like a budget plan: pick one low-cost fix this week, one policy update this month, and one bigger upgrade to price out for later. Keep a short log of barriers you observe and customer requests so decisions feel grounded, not emotional. Celebrate progress, not perfection. Q: What are effective communication tips to ensure every customer feels included and comfortable? A: Speak to the customer directly, use plain language, and offer choices one at a time. Ask before assisting and confirm understanding with a quick “Did I get that right?” If language differences add friction, an optional audio-translation helper like Adobe Firefly's AI audio translation tool can reduce miscommunication. Q: How do I prioritize changes when feeling stuck about where to begin improving accessibility? A: Start where a barrier stops a purchase: entry, checkout, and restrooms. Document what’s blocking access, then choose changes that improve safety and independence for the most people. When a customer requests a reasonable accommodation , respond with solutions you can try quickly. Q: What legal support options exist if I face challenges managing accessibility requirements for my small business? A: Keep written notes and photos of barriers, the steps you took, and any accommodation requests so you have a clear record. For guidance, reach out to West Virginia disability advocacy organizations or legal aid resources for practical direction, especially when questions involve the Americans with Disabilities Act . Early support can help you problem-solve before conflicts escalate. Turning Accessibility Into Repeat Customers in West Virginia Running a small business is hard enough without customers wondering whether they’ll be heard, helped, or able to get through the door. The steady path is treating accessibility as a practical mindset, notice barriers, respond with reasonable accommodations, and keep an advocacy lens with community engagement for businesses. When that becomes the norm, the benefits of accessible business show up quickly: clearer communication, fewer misunderstandings, and customer loyalty through inclusion that brings people back and brings friends. Accessibility isn’t extra, it’s how trust becomes loyalty. Choose your next two actions and put them on the calendar this week. That ongoing effort builds stability, resilience, and a stronger sense of connection across your West Virginia community.

2023 March NEWS LETTER Disability Rights of West Virginia March is Developmental Disabilities Awareness Month! Today and throughout the entire month, DRWV wants to shine a light on individuals with developmental disabilities and what they do to make our communities better. It is an opportunity to raise awareness about the challenges facing individuals with developmental disabilities and their families. It is also a chance to promote respect, foster understanding and encourage inclusivity. For our March newsletter, we are pleased to share Lynsay Frye’s article on some things she wants you to know about people with developmental disabilities! Lynsay is very active in furthering the interests of all individuals with developmental disabilities. She proudly serves on the following: Developmental Disabilities Council, Chair of the Olmstead Advisory Council, Independent Living Council, and the Employment First Advisory Council. She is also a member of People First. Lynsay enjoys nature, taking pictures, riding her bike, and hanging out with her niece. What I Want You To Know About People With Developmental Disabilities Article by Lynsay Frye I want to start off with the most important thing………people with developmental disabilities are PEOPLE! I am not my disability but my disability is part of who I am. I would like to be defined by who I am as a person and not my abilities. I am a unique individual with knowledge, skills, talents, interests and experiences. I do not want your pity. Please take the time to get to know me. I have my own identity. I feel the same emotions that you do. I have interests and hobbies. I experience romantic relationships. Relax and be yourself when you are getting to know me. Regardless of the type and degree of the disability, everyone is entitled to choices and the ability to exercise as much personal control as they can on their own or with assistance. I may do things differently than you do but we strive for the same outcomes. Let me be a productive member of society, my contributions may surprise you! Linsay Client Comments Why we do what we do My advocate helped me get out of a place I didn’t want to be. She is a good person. I really like my advocate. She is very helpful.

NEWS LETTER September Disability Rights of West Virginia Representative Payee Program for Beneficiaries of Social Security Article by Michael Schwartz, DRWV Advocate While most people receive their Social Security and Supplemental Security Income (SSI) payments directly, some need assistance in managing their benefits. Payments to these individuals are paid through a representative payee who receives the check on behalf of the beneficiary and provides for their personal needs. The SSA.gov website states: “Social Security's Representative Payment Program provides benefit payment management for our beneficiaries who are incapable of managing their Social Security or Supplemental Security Income (SSI) payments. We appoint a suitable representative payee (payee) who manages the payments on behalf of the beneficiaries. Generally, we look for family or friends to serve as payees. When friends or family members are not able to serve as payees, we look for qualified organizations. We also offer the option to advance designate up to three individuals who could serve as payee for you if the need arises”. The Representative Payee Program was initiated in 1939 when Congress authorized the Social Security Administration to make benefit payments to an authorized person or organization when it was in the best interest of the beneficiary. There have been several improvements and revisions to the program since its inception to ensure that the program and appointments are not abused. To determine if a representative payee is needed, SSA completes an assessment, or one is automatically assigned for children or individuals determined to be found incompetent by a court. SSA will also evaluate the suitability of the payee for appointing them to manage a beneficiary’s funds. Representative Payees can be family, friends, legal guardians, or organizations. Monitoring of Representative Payees The SSA primarily relies on annual accounting reports and periodic on-site reviews to monitor the performance of representative payees and ensure benefits are being used properly. The Social Security Act requires on-site reviews for certain organizational and individual payees, and the SSA conducts additional discretionary reviews of other payees. There has also been the inclusion of the local P&A to conduct monitoring on behalf of SSA. The P&As conduct educational visits for new fee-for-service payee organizations, issue corrective action plans for payees not in compliance with the SSA’s requirements and refer beneficiaries to other programs and services as warranted. Both organizational and individual payees are subject to the reviews. P&A reviewers will also be looking at the beneficiaries general health, well-being, and living conditions to ensure that the needs are being met by the representative payee and the expenses paid on their behalf. Responsibilities of Representative Payees The primary duty of the representative payee is to ensure that the beneficiary’s food, shelter, and everyday needs are met. Representative payees, secondly, are responsible for using funds to cover any medical and dental care that is not covered by the individual’s health insurance. Representative payees should act in the best interest of the beneficiary in the management of the funds. There must be a focus on the current and foreseeable needs of the beneficiary. Records are maintained to account for expenses, and the representative payee should report any changes in information for the beneficiary that a required. This would include changes in address, eligibility, marital status, additional income received or any other events that could potentially effect benefits. Meetings should be conducted frequently with beneficiaries to create budgets, review spending, and provide information on benefits. Rep payees should also assist with obtaining other services to assist with needed services that include food stamps, tax returns, and applications for services needed to assist in meeting needs. Keep in mind that representative payees are only responsible for managing funds received from Social Security or SSI. They are not authorized to control additional forms of income. All information contained in this article can be found at ssa.gov. If you would like additional information on the representative payee program or if you are having issues with a current representative payee, please contact SSA at 1-800-772-1213 (TTY 1-800-325-0778) to request an appointment to discuss your concerns or Disability Rights of West Virginia at 1-800-950-5250.

Interviews, Stories and Articles Adam M. Dean is an attorney in West Virginia and individual with a disability. He has written both fiction and non-fiction publications. Adam was born with cerebral palsy but that didn't slow him down one bit. He's traveled the world, made some good friends, written some great books, and had some fantastic experiences. But unfortunately, he has also dealt with stereotypes and stigmas because of his disability. Here are 9 questions with Adam Dean. I. Jeremiah: Tell me about your personal story. (upbringing, education, your life as a person with a disability…) Adam: I was born in Huntington and raised in Kenova, which is a "bedroom" suburb. My father Hugh Dean was a counselor with the West Virginia Division of Rehabilitative Services, and my mother Rae Dean was a teller, loan servicer, and insurance agent with First Bank of Ceredo and then United Bank. I have two older sisters, Barbara and Deana (who is now deceased). I went to Kenova Elementary School, Ceredo-Kenova Middle School, and Ceredo-Kenova High School. I graduated high school with very high honors. I went to college at Marshall University in Huntington, graduating in three years (in 1997) with a Bachelor of Arts degree in political science with high honors. I went to law school at West Virginia University College of Law in Morgantown, completing my studies there in 2000. I graduated the Order of the Coif (top 10% of the class) in May of 2000. I went to work as a writ clerk at the West Virginia Supreme Court of Appeals in Charleston in August of 2000 and have been there ever since. II. Jeremiah: What inspired you to go to law school? Adam: I've always enjoyed reading about history, government, and politics. So, I've always wanted to be a lawyer. My parents also thought the law would be a good profession for me given the physical limitations I have (a weaker right side, a limp on my right side, and minimum use of my right arm). I've been a lawyer for nineteen years now. I can say I love being a lawyer. I also love my job at the state supreme court. As a general writ clerk, I help draft memorandum decisions in civil appeals in which the appellant is a pro se litigant, i.e., a person without a lawyer representing them. III. Jeremiah: How did you become an author? Adam: My brother-in-law Rich Ossias (Barb's husband) wrote a book called E-I-E-I-OY!: How I Became a Jewish Farmer in Middletown, America with a print on-demand publisher called PublishAmerica. I published my first three books (all fiction) with PublishAmerica. They all are now out-of-print. Rich's father Morris Ossias later self-published a book called Up Yours, Georgie! on Amazon's CreateSpace platform. So, after I wrote Perfect Love: An Ordinary Person's Thoughts on Christianity, I self-published that book (my first non-fiction work) with CreateSpace. So, you could say I come from an extended family of self-professed authors. Rich and Morris (whom I've met once) are great people. IV. Jeremiah: What motivates you write? Adam: I've always been fascinated with becoming an author. I also think I have a unique prospective to offer as an individual with a disability. I recently republished my second book, The Gate of Heavenly Peace, under the new title A Funny Thing Happened on the Way to the Shanghai Hilton with Kindle Direct Publishing (which CreateSpace has merged into). Although Shanghai Hilton is fiction, the story involves a person with my disability (cerebral palsy) traveling to Beijing and Shanghai, China, based on my own trip to those Chinese cities as a part of cultural exchange in March of 2002. It was a unique experience but one that offers insight into how we all interact with a different society and the individuals within it. V. Jeremiah: Tell me about your books? Adam: Of the two books that are currently in print, the main character in Shanghai Hilton, who has cerebral palsy, chokes in a restaurant due to the excess saliva in the mouth (which isn't uncommon), experiences communication difficulties while going to a Chinese doctor apart from the language barrier, and suffers what most people would consider discrimination in two situations--one situation where he is treated like he shouldn't ever be alone (in case he needs help) and another situation who he is treated dismissively. But, like myself, the main character thinks such experiences shouldn't be taken out of proportion of what actually happened. Every individual is mistreated at some point in their life. That's not peculiar to any one person, including a person with a disability. I wrote Perfect Love following the deaths of my dad Hugh and sister Deana in 2014. I read the whole King James version of the Bible as well as the additional chapters that are considered canonical by the Catholic Church. In Perfect Love, I put forward my personal observations on the Christian faith after so many recent deaths in my family (my mom's sister, Aunt Beth, died in May of 2015). The conclusion I reached was that the perfect love Jesus Christ personifies is comprised of three things: (1) the ability not only to love, but to be loved; (2) the courage to suffer; and (3) forgiveness—not only for others, but also for ourselves. VI. Jeremiah: Besides what you already covered is there any particular messageyou wanted to deliver through your publications? Adam: In two chapters in Perfect Love regarding sexual morality, one of my purposes was to disabuse able-bodied people of the notion that individuals with a disability are asexual. That notion is very unhelpful to someone like me, whose disability has nothing to do with my mental capacity or sexual function. I'm middle aged, or nearly there. I also enjoy sex and still would like to have a wife and kids someday. So, especially disabusing women of that notion is very important to me. VII. Jeremiah: What did you learn when writing your books? Adam: I enjoyed reading the whole Bible. Although I am a Protestant, I started going to Sacred Heart Catholic Church here in Charleston on Virginia Street (I have good friends who go there). Father Brian, who has since transferred to another part of the state, gave fine homilies on the importance of communion to the Catholic Faith. With all due respect to Father Brian's fine homilies, the Bible explicitly tells you what is most important: that you love the Lord and that you love others as you love Him. I think loving the Lord and loving others as you love Him means, as I've said, that you have: (1) the ability not only to love, but to be loved; (2) the courage to suffer; and (3) forgiveness—not only for others, but also for yourself. VIII. Jeremiah: What was your biggest challenge when writing the books? Adam: Proofreading. I've never been particularly good at it. Writing and editing books has given me additional practice. I hope I have become better at proofreading. IX. Jeremiah: What’s next? Adam: I plan on continuing working for the state supreme court. I also try to go down to Kenova every weekend to see my mother Rae. She is still going strong but is 82 now. We have to make the most of the time we have with each other. As for writing additional books, I certainly will provided that I get another idea that's worth a book.

2025 Priorities and Objectives Priority 1: Childre n and Y outh with Disabilities Receive an Appropriate Education DRWV will provide direct advocacy services on behalf of up to twelve (12) students with disabilities who are not receiving all educational services they are entitled to, or at risk of receiving no educational services. (see footnote 1) (PADD, PAIMI (see footnote 3), PAIR, PATBI). DRWV will continue to collaborate with the West Virginia Developmental Disabilities Council (WVDDC) to distribute the Parent’s Advocacy Guide to Special Education to parents of school age children with disabilities. (PAAT, PADD, PAIMI, PAIR, PATBI). DRWV will systemically monitor and advocate on behalf of students with disabilities related to individual counties and/or statewide policy changes. (PADD, PAIMI, PAIR, PATBI, PAAT). DRWV will systemically advocate/litigate for children with disabilities who have been subjected to unnecessary exclusionary discipline. (PADD, PAIMI, PAIR, PATBI). Priority 2: People with Disabil ities Make Decisions About Where They Live, and the Supports and Services They Receive DRWV will systemically monitor and advocate for individuals found eligible for services under the Medicaid Title XIX Home and Community Based Waiver programs in West Virginia to ensure client centered services, choice of providers and quality services in their home community. (PADD, PAIR, PATBI, PAIMI). DRWV will provide direct advocacy services for up to twenty (20) individuals found eligible for services under the three Medicaid Title XIX Home and Community Based Waiver programs, or Medicaid Personal Care in West Virginia to ensure access to client centered services, choice of providers and quality services in their home community. (PADD, PAIMI, PAIR, PATBI). DRWV will advocate/litigate for the civil rights of children with disabilities who have been abused and neglected while they were dependent on the WV child welfare system. (PADD, PAIMI, PAIR, PATBI). DRWV will advocate/litigate for the civil rights of individuals with disabilities who are involved in the criminal justice system and have been found by a court to be incompetent to stand trial or not guilty by reason of mental illness. (PADD, PAIMI). DRWV will systemically monitor and advocate for individuals in psychiatric facilities to have access to community placement in the least restrictive environment. (PADD, PAIMI). Priority 3: People with Disabilities are Free from Abuse, Neglect, Exploitation, and Other Rights Violations DRWV will receive, review, investigate, refer for investigation, and/or conduct monitoring to identify evidence or allegations of death, serious injury, or other prohibited conduct that suggests or potentially suggests probable cause that abuse or neglect was involved, including alleged abuse/neglect that occurs during acts of omission or acts of commission involving seclusion, restraint, use of aversive techniques, excessive force, financial exploitation, and/or other punitive or prohibited methods of controlling, harming, threatening to control or harm, and/or failing to provide necessary services to individuals with disabilities who receive services from state or private service facilities or providers or from WV schools. (see footnotes 1, 2) (PADD, PAIMI, PAIR) DRWV will advocate for disability related medical/psychiatric treatment, including properly prescribed and administered medication, to be available to individuals of all ages who are incarcerated that come to the attention of DRWV. (see footnote 1) (PADD, PAIMI, PAIR, PATBI) DRWV will provide direct advocacy services to individuals who meet DRWV’s case selection criteria and are at risk of abuse, neglect, or financial exploitation when requested by the individual or their legal representative. (see footnote 1) (PADD, PAIMI, PAIR, PATBI) DRWV will open a service request for all individuals in psychiatric facilities in West Virginia who request advocacy services, with priority given to patients at the two (2) state psychiatric hospitals. (PADD, PAIMI, PATBI) DRWV will conduct monitoring of at least ten (10) Intermediate Care Facilities for Individuals with Intellectual Disabilities (ICF/IIDs) as well as address systemic issues as identified. (PADD) DRWV will conduct a minimum of fifteen (15) monitorings of WV Division of Corrections and Rehabilitation facilities to ensure that appropriate mental health/medical treatment is being provided to individuals with disabilities. (PADD, PAIMI, PAIR, PATBI) DRWV will conduct a minimum of fifteen (15) monitorings of residential placements who serve children with disabilities and address systems issues as identified. (PADD, PAIMI, PAIR, PATBI) DRWV will conduct a minimum of sixty (60) monitorings of the two (2) state psychiatric hospitals in West Virginia and address systems issues as identified. (PAIMI) DRWV will conduct a minimum of twenty (20) monitorings of psychiatric facilities not operated by the state of West Virginia and address systems issues as identified. (PAIMI) DRWV will conduct a minimum of twelve (12) monitorings of the four (4) nursing homes operated by the state of West Virginia and address systems issues as identified. (PADD, PAIMI, PAIR, PATBI) DRWV will conduct a minimum of ten (10) monitorings of nursing homes not operated by the state of West Virginia and address systems issues as identified. (PADD, PAIMI, PAIR, PATBI) DRWV will conduct monitoring of at least ten (10) Specialized Family Care (SFC) homes in West Virginia and address systems issues as identified. (PADD) DRWV will conduct a minimum of twenty (20) monitorings of Assisted Living Facilities in West Virginia and address systems issues as identified. (PADD, PAIMI, PAIR, PATBI) DRWV will conduct a minimum of five (5) monitorings of forensic group homes in West Virginia and address systems issues as identified. (PADD, PAIMI, PATBI) DRWV will provide representation for up to three (3) individuals with disabilities to prevent, modify, or terminate inappropriate guardianships. (PADD, PAIMI, PATBI) DRWV will conduct a minimum of five (5) monitorings of Intellectual/Developmental Disabilities (I/DD) Waiver group homes in West Virginia and address systems issues as identified. (PADD) DRWV will assist up to ten (10) individuals with disabilities who are incarcerated in WV Division of Corrections and Rehabilitation facilities with accessing reentry services available to them. (PADD, PAIMI, PAIR, PATBI) DRWV will conduct a minimum of ten (10) monitorings of public schools in West Virginia with a focus on inappropriate removals. (PADD, PAIMI, PAIR, PATBI) DRWV will conduct a minimum of ten (10) monitorings of legally unlicensed homes in West Virginia and address systems issues as identified. (PADD, PAIMI, PAIR, PATBI) Priority 4: People with Disabilities Have Access Provided by the Americans with Disabilities Act (ADA), the Architectural Barriers Act (ABA), and the Fair Housing Act DRWV will advocate for up to twelve (12) people with disabilities who meet DRWV’s case selection criteria (see footnote 1). (PADD, PAIMI, PAIR, PATBI) DRWV will complete accessibility studies when access issues are discovered by DRWV or brought to our attention. (PAIR) Priority 5: People with Disabilities Have Access to Assistive Technology DRWV will provide advocacy for up to ten (10) people with disabilities to gain or maintain access to assistive technology and related supports (see footnote 1). (PAAT) DRWV will actively participate as a member of the West Virginia Assistive Technology System (WVATS) Advisory Council (PAAT) DRWV will use social media to post information about assistive technology at least one (1) time per quarter. (PAAT) Priority 6: People with Disabilities Have Access to Centers for Independent Living, Competitive/Integrated Employment, and Employment-Related Services DRWV will provide direct advocacy services for up to twenty-five (25) individuals requesting assistance who are applying for, eligible for, or receiving services from the West Virginia Division of Rehabilitation Services (WVDRS), supported employment programs and other programs funded under the Workforce Innovation and Opportunity Act (WIOA) (see footnote 1). (CAP) DRWV will provide direct advocacy services for up to twenty-five (25) individuals requesting assistance who are Supplemental Security Insurance/Social Security Disability Insurance (SSI/SSDI) beneficiaries and want to work but are encountering barriers per the priorities established by the Social Security Administration (SSA) (see footnote 1). (PABSS) DRWV will provide direct advocacy services for up to five (5) individuals requesting assistance who are applying for, eligible for, or receiving services from a Center for Independent Living (CIL) (see footnote 1). (CAP) DRWV will actively support the Statewide Rehabilitation Council’s (SRC) mandate to monitor and advise on the activities of WVDRS. (CAP) DRWV will conduct outreach about CAP and PABSS to individuals with disabilities, families, service providers, WVDRS, and various state and local organizations. (CAP, PABSS) Priority 7: People with Disabilities Have Full Access to the Electoral Process DRWV will act to increase equal access for individuals with disabilities requesting assistance to participate in the voting process, including polling places, voting equipment, and voter registration. (PAVA) DRWV will educate at least fifty (50) people with disabilities, family members, and service providers about the voting process and their right to vote. (PAVA) DRWV will work in conjunction with the Secretary of State’s office to educate County Clerks and election divisions about the voting rights of people with disabilities. (PAVA) Priority 8: DRWV Will Conduct Outreach and Education, and Support the Work of Others to Promote Self-Advocacy DRWV will actively support the missions of groups with grassroots advocacy missions, not including lobbying. (PADD, PAIMI, PAIR, PATBI) DRWV will continue to conduct disability rights outreach to educate unserved and underserved populations of people with disabilities about their rights and DRWV’s services. (PAAT, PADD, PAIMI, PAIR, PATBI, PAVA, CAP, PABSS) DRWV will actively participate as a member of the West Virginia Traumatic Brain Injury Advisory Board. (PATBI. (PATBI) DRWV will actively participate in efforts to support sexual violence prevention for people with disabilities in WV. (PADD, PAIMI, PAIR, PATBI) DRWV will promote the use of Mental Health Advance Directives including education and outreach. (PAIMI) Priority 9: DRWV will conduct reviews of and provide education to Representative Payees who handle income for individuals with disabilities from Supplemental Security Insurance/Social Security Disability Insurance (SSI/SSDI) to verify that they are using the benefits properly on behalf of the beneficiary and are carrying out their responsibilities and duties correctly. (PABRP) No Objectives are needed for this Priority as they are detailed in the grant agreement. Priority 10: DRWV will provide advocacy services for class members in compliance with WV DHHR statement of work and state and federal court directives in Civil Action 81-585 E.H. v. Matin (1983), Hartley Decree, and Civil Action 78-2099 Medley vs. Ginsberg (1981), Medley Decree. (MHAP) No Objectives are needed for this Priority as they are detailed in the statement of work. Information and Referral (I&R): DRWV provides Information and Referral to all callers related to disability rights issues. Individual program budgets determine availability of services. FOOTNOTES 1. Case Selection Criteria: A. There is a significant risk of abuse and neglect. Client is danger of or has experienced severe bodily harm. The client is at risk or a has experienced a serious financial harm. B. The client is institutionalized and ready for reintegration to the community and there is a barrier to discharge. C. A clear violation of the ADA has occurred. D. The case is a special education matter and the child is not receiving consistent educational services, or is at serious risk of receiving no services, or the needs related to the child’s disability have been completely ignored by the school district. E. It is a matter concerning voting rights, assistive technology, a barrier to employment for a beneficiary of SSI or SSDI, Representative Payees, or services under the Rehabilitation Act. Additionally, all cases MUST: • Meet program eligibility for one of DRWV’s federally funded programs; • be in agreement with DRWV’s mission; • be consistent with our ethical standards; • possess significant legal merit; and • funds/resources must be available. At the discretion of the Executive Director or Legal Director a case can be selected for direct representation because of the vulnerability of the client or the potential to effect policy or systemic change or another compelling reason. Abuse and neglect investigations will be prioritized as follows: seclusion & restraint with death or serious injury, suspicious death, and incidents occurring in locations with repeated complaints of abuse and neglect. In complaints where abuse or neglect are currently being investigated by law enforcement, DRWV will delay its investigation until law enforcement has completed their investigation. 2. “Serious injury” is defined as physical harm or injury to an individual with disabilities and includes, but is not limited to acts such as: rape or sexual assault; striking; the use of excessive force when placing an individual with disabilities in bodily restraints; or use of restraints not in compliance with state and federal laws. 3. The issue must be directly related to an individual's diagnosed mental illness in order to qualify for services. Programs Client Assistance Program (CAP) Serves individuals who have applied for or are receiving services from DRS, Center for Independent Living, supported employment programs, and other programs funded under the Rehabilitation Act of 1973, as amended. Protection and Advocacy for Assistive Technology (PAAT) Serves children and adults with disabilities who need assistive technology devices and related support services to maintain or increase their skills, independence, and community integration. Protection and Advocacy for Beneficiaries of Social Security (PABSS) Assists individuals who receive SSI or SSDI break down barriers to employment. Protection and Advocacy for Individuals with Developmental Disabilities (PADD) Serves individuals with developmental disabilities or a severe & chronic mental or physical impairment that begins before age 22 and investigates abuse & neglect complaints on their behalf. Protection and Advocacy for Individuals with Mental Illness (PAIMI) Serves individuals with significant mental illness or emotional impairment and investigates abuse & neglect complaints on their behalf. Protection and Advocacy for Individual Rights (PAIR) Serves individuals with disabilities that substantially limit one or more major life activities and who are not eligible for advocacy under PAIMI or PADD and do not have a CAP eligible issue. Protection and Advocacy for Traumatic Brain Injury (PATBI) Serves individuals with traumatic brain injury who are significantly limited in activities of daily living. Protection and Advocacy for Voting Access (PAVA) Carries out the mandate of the “Help America Vote Act”, legislation passed to ensure that individuals with disabilities can fully participate in the electoral process. Protection and Advocacy for Beneficiaries with Representative Payees (PABRP) Carries out the mandate of the “Strengthening Protections for Social Security Beneficiaries Act 2018” which protects beneficiaries of SSI/SSDI who have representative payees. Medley/Hartley Advocacy Program (MHAP) This state grant provides advocacy to individuals with developmental disabilities in compliance with state and federal court directives in Civil Action 81-585 E.H. v. Matin (1983), Hartley Decree, and Civil Action 78-2099 Medley vs. Ginsberg (1981), Medley Decree. Approved by the DRWV BOD July 16, 2024 To download a pdf, click the link below: Download

EMPLOYMENT - JOB TRAINING PROGRAMS Entrepreneurship Bootcamp for Veterans with Disabilities Entrepreneurship Bootcamp for Veterans with Disabilities (EBV) offers cutting edge, experiential training in entrepreneurship and small business management to soldiers, sailors, airmen, and marines disabled as a result of their service supporting operations Enduring Freedom and Iraqi Freedom. Human Resource Development Foundation Assists West Virginia's youth through advocacy, empowerment, and the successful administration of a wide variety of employment, occupational skill training, and educational programs. Assists West Virginia's youth through advocacy, empowerment, and the successful administration of a wide variety of employment, occupational skill training, and educational programs. My Skills My Future The Department of Labor's Employment and Training Administration online tool to help job seekers match their current skills to new careers and find out what training is needed to transition from one job to another. This resource includes information about occupational skills that can be transferred from one job to another, a side-by-side comparison chart of likely skill gaps from one occupation to another, and links to training programs that could help address skills needs. Job listings will also be available from the site. Online Colleges That Offer Laptops This resource is split into two major sections:? A list of online colleges that provide laptops and tablets to students as part of tuition.? A guide to choosing the best laptop to purchase as a college student. West Virginia Division of Rehabilitation Services Homepage for the West Virginia Division of Rehabilitation Services. WorkForce West Virginia WorkForce West Virginia is a state government agency funded through the U.S. Department of Labor that oversees the state unemployment insurance program as well as a network of workforce development services designed to provide West Virginia's citizens and employers the opportunity to compete in today?s competitive global economy.

2024 DRWV ADVOCACY IN MOTION 11/27/24 - West Virginia Watch West Virginia solicits company to manage its contract nurses, won’t answer questions. Since 2015, the state has spent $284 million on contract positions in state-run facilities, including long-term and psychiatric care. https://westvirginiawatch.com/2024/11/27/west-virginia-solicits-company-to-manage-its-contract-nurses-wont-answer-questions/ 10/10/24 - West Virginia Public Broadcasting Watchdog Agency Announces Plan To Sue State Secretary Of Health Facilities. Disability Rights of West Virginia (DRWV) sent a notice of claim Monday to members of the media and state officials, alleging that Michael Caruso, secretary of the Department of Health Facilities (DHF) is failing to protect the rights of patients served by state health care facilities. Michael Folio, the legal director of DRWV, alleged that the quality of care at these facilities is suffering because mandatory reporters are not sufficiently reporting instances of suspected abuse. Under state law, a mandatory reporter is a person legally required to report suspected abuse or neglect of vulnerable populations, including children, the elderly and people with disabilities. https://wvpublic.org/watchdog-agency-announces-plan-to-sue-state-secretary-of-health-facilities/ 7/3/24 - WCHS Eyewitness News Delegate suggests surplus could be used to build new Mildred Mitchell-Bateman Hospital. Michael Folio, legal director for Disability Rights of West Virginia, worries that this potential allocation would be misguided. For years, he has called on the state to do something about the "warehousing" of patients in state facilities who could be better served in the community on waiver and community-based programs and save the taxpayers money. https://wchstv.com/newsletter-daily/delegate-suggests-surplus-could-be-used-to-build-new-mildred-mitchell-bateman-hospital 6/13/24 - NBC News A foster care system in crisis: West Virginia faces a legal reckoning West Virginia faces a legal reckoning. A sweeping class-action lawsuit accusing the state of failing to protect its foster children appears set to go to trial in the fall. The federal suit could force dramatic changes in how the system is run. https://www.nbcnews.com/news/us-news/foster-care-system-crisis-west-virginia-faces-legal-reckoning-rcna147227 5/31/24 - Hoppy Kercheval on X Breaking: Sources say Justice Admin is planning for a press conference late next week, possibly Thursday, to release details of its investigation into how State Police and CPS handled the case of a 14-year-old Boone County girl who eventually died and was found in skeletal state. https://x.com/HoppyKercheval/status/1796519894093086960 5/29/24 - WOWK 13 News A high-ranking member of West Virginia’s foster care system has resigned, and it’s raising concerns about the agency. Pamela Woodman-Kaehler resigned her position as foster care ombudsman in West Virginia, a position she has held since 2019, when the job was first created. “She was a champion for children. Sadly however, the leadership of the agency did not give her the support necessary so that she could actually thrive in her position,” said Mike Folio, Legal Director for Disability Rights of West Virginia. https://www.wowktv.com/news/west-virginia/after-resignation-there-are-more-concerns-over-west-virginia-foster-care/ 5/28/24 - Metro News The ombudsman for West Virginia’s overloaded foster care system has resigned, according to the state Department of Health. Pamela Woodman-Kaehler’s resignation will take effect June 6. The resignation of Pamela Woodman-Kaehler is a sad chapter in DHHR’s and DoHS’ failed history to protect vulnerable children,” said Mike Folio, legal director for Disability Rights West Virginia. https://wvmetronews.com/2024/05/28/first-ombudsman-for-west-virginias-pressured-foster-care-system-has-resigned/ 5/28/24 - WSAZ News Channel 3 W.Va. Department of Health official announces resignation. Michael Folio, legal director for Disability Rights of West Virginia, released the following statement: “The resignation of Pamela Woodman-Kaehler is a sad chapter in DHHR’s and DoHS’ failed history to protect vulnerable children. Sworn testimony exists that shows former DHHR Sec. Bill Crouch and current DoHS Deputy Secretary Cammie Chapman have meddled in the Foster Care Ombudsman’s affairs, directed her to conceal information from the Legislature, and withheld information from her that would have enabled her to conduct investigations to protect the state’s vulnerable children. Pam is a champion for children and her resignation is a sad chapter in the state’s failure to safeguard children.” https://www.wsaz.com/2024/05/28/wva-department-health-official-announces-resignation/ 5/28/24 - West Virginia Public Broadcasting Disability Rights West Virginia (DRWV) has filed a lawsuit on behalf of an adult male, referred to as J.P., with developmental disabilities that says he has been physically abused and wrongfully held at William R. Sharpe Hospital for more than 570 days . https://wvpublic.org/man-held-at-sharpe-hospital-sues-state-officials/ 5/24/24 - WCHS TV 8 Eyewitness News There are new developments in the death of a Boone County teenager as a notice of a lawsuit was filed Thursday. Disability Rights WV legal director Mike Folio filed a notice of suit and cease and desist against West Virginia Gov. Jim Justice and Department of Human Services Cabinet Secretary Cynthia Persily in the death of 14-year-old Kyneddi Miller. "It's reached the point where there is level of deception, a level of concealment and no one is focused on the young girl who died," Folio said. https://wchstv.com/news/local/disability-rights-wv-demands-transparency-in-kyneddi-millers-case-sent-cease-desist 5/23/24 - WOWK 13 News Disability Rights of WV plan to sue Gov. Jim Justice, Attorney General Patrick Morrisey, the Department of Human Services and its secretary, Cynthia Persily over the alleged concealment of documents relating to the death of a Boone County child. They allege the governor’s office and the Department of Human Services have held documents about child abuse cases, investigations and findings that are federally mandated to be publicly disclosed to “evade accountability.” https://www.wowktv.com/news/local/advocacy-group-planning-to-sue-gov-justice-morrisey-over-boone-county-childs-death/ 5/23/24 - WSAZ News Channel 3 An advocacy system has put West Virginia officials on notice as it considers a potential lawsuit alleging state officials have violated state law in refusing to disclose records pertaining to the alleged child neglect death of Kyneddi Miller, 14, of Boone County. Disability Rights of West Virginia says it sent the notice Thursday to Gov. Jim Justice, Department of Human Services Secretary Cynthia Persily and Attorney General Patrick Morrisey. https://www.wsaz.com/2024/05/23/advocacy-group-threatens-sue-wva-amid-wsaz-investigation/ 5/13/24 - West Virginia Watch Patient sues Sharpe Hospital, says he was wrongfully held there for more than 570 days and abused. https://westvirginiawatch.com/2024/05/13/patient-sues-sharpe-hospital-says-he-was-wrongfully-held-there-for-more-than-570-days-and-abused/ 5/9/24 - 12WBOY Disability Rights of West Virginia (DRWV) has filed a civil complaint against Sharpe Hospital, its administrators, the Secretary of the West Virginia Department of Health Facilities and the Secretary of the West Virginia Department of Human Services. The suit, claims that an adult male with a developmental disability was illegally discharged from a group home in Wood County, unlawfully committed to Sharpe Hospital in Lewis County and has been “battered and physically abused.” https://www.wboy.com/news/lewis/lawsuit-claims-patient-at-sharpe-hospital-was-unlawfully-committed-abused/ 4/16/24 - 12WBOY West Virginia disability rights advocates protest cuts in state budget. On Sunday, advocates and families of people with intellectual disabilities rallied at the state capital in Charleston to protest a 10% budget cut to the Intellectual and Developmental Disabilities (IDD) Waiver . The IDD Waiver provides financial aid to help families pay for at-home or community-based care for their loved ones with intellectual disabilities instead of having them committed to a state psychiatric hospital. Disability Rights of West Virginia’s Legal Director Michael Folio has called the waiver “a lifeline.” https://www.wboy.com/news/west-virginia/west-virginia-disability-rights-advocates-protest-cuts-in-state-budget/ 4/16/24 - West Virginia Watch Lawmakers say Justice admin canceled meeting to discuss man’s gruesome death in state hospital. ‘This is a cover up. Plain and simple,’ said Mike Folio, legal director for Disability Rights West Virginia, who was scheduled to speak with lawmakers . https://westvirginiawatch.com/2024/04/16/lawmakers-say-justice-admin-canceled-meeting-to-discuss-mans-gruesome-death-in-state-hospital/ 4/3/24 - West Virginia Public Broadcasting W.Va. Grapples With IDD Waiver Program In the final hours of the 2024 regular legislative session, lawmakers passed a budget that cut funding for IDD waivers. “They failed to do the required financial analysis to determine the impact of cutting the IDD waiver budget,” Folio said. “We have hundreds of thousands of people in West Virginia that are going to be affected — can you imagine, can you imagine the good work that we did and now we could possibly hurt those folks?” Justice said. https://wvpublic.org/w-va-grapples-with-idd-waiver-program/ 3/20/24 - People Magazine Elderly Non-Verbal Patient Died After Reportedly Being Left in 134-Degree Whirlpool at Care Facility. Four people were reportedly fired in connection with the Jan. 4 incident at Hopemont Hospital in Terra Alta, West Virginia https://www.wowktv.com/news/west-virginia/advocates-families-want-to-see-more-funding-towards-idd-program-following-11-million-cut/ 3/18/24 - West Virginia Watch ‘His skin melted off’ — Elderly man in state care dies after being left in scalding water. Three contract nurses at a state-run hospital were fired after the patient’s death. The incident has raised more concerns about how the state health department vets staff who care for vulnerable individuals. https://westvirginiawatch.com/2024/03/18/his-skin-melted-off-elderly-man-in-state-care-dies-after-being-left-in-scalding-water/ 3/14/24 - WOWK 13 News Advocates, families want to see more funding towards IDD program following $11 million cut. https://www.wowktv.com/news/west-virginia/advocates-families-want-to-see-more-funding-towards-idd-program-following-11-million-cut/ 1/24/24 - Mountain State Spotlight People with disabilities are stuck at state hospitals. Lawmakers and patient advocates disagree on where they should go next. https://mountainstatespotlight.org/2024/01/24/idd-transitional-facilities-bill/ 1/24/24 - West Virginia Watch House committee passes controversial plan to build facility for patients with disabilities. Citing “no real solutions,” House lawmakers are moving forward with a plan to build a new facility for people with intellectual and developmental disabilities. The proposal has been met with sharp criticism from those who advocate for and serve patients with disabilities; they say the bill will further trap individuals in institutions without proper support. https://westvirginiawatch.com/2024/01/24/house-narrowly-passes-controversial-plan-to-build-facility-for-patients-with-disabilities/ 1/19/24 - West Virginia Watch Teachers need student discipline support. State lawmakers will try to address a complicated issue. School discipline issues have spiked post pandemic, and West Virginia is one of several states that have already enacted stricter punishments for disruptive students. Lawmakers said they’ll be doing much more to address student discipline issues, mostly focusing on protecting teachers and bolstering their ability to remove disruptive students. There’s already legislation that expands last year’s discipline bill into elementary schools. Holly Sheldon, a senior advocate with Disability Rights West Virginia, said schools are already failing to follow students’ IEP and behavior intervention plans, resulting in students being unfairly disciplined. “Children with a disability require assessments and services and not discipline, classroom removal or expulsion. Schools cannot discipline the disability out of a student,” she said. https://westvirginiawatch.com/2024/01/19/teachers-need-student-discipline-support-state-lawmakers-will-try-to-address-a-complicated-issue/ 1/18/24 - West Virginia Watch What are we waiting for? Legislators, our child welfare system needs immediate action. Do you remember the old Dutch tale about a boy who stuck his finger in a leaking dike to save his country from a great flood? It’s a story about courage and conviction in taking action to prevent the devastation of immediate danger. We are at a similar juncture with the plight of West Virginia’s child welfare system — and ours is no tale. https://westvirginiawatch.com/2024/01/18/what-are-we-waiting-for-legislators-our-child-welfare-system-needs-immediate-action/ 1 /17/24 - West Virginia Watch Judge considers ‘proper sanctions’ against state health department over deleted foster care emails. ‘You guys really didn’t do that much to protect it,’ a federal judge told health department attorneys and leaders on Wednesday. https://westvirginiawatch.com/2024/01/17/judge-considers-proper-sanctions-against-state-health-department-over-deleted-foster-care-emails/ 1/16/24 - West Virginia Public Broadcasting Attorneys Seek Sanctions In Delayed Lawsuit Against DHHR. Attorneys say they have new evidence that shows the now split West Virginia Department of Health and Human Resources (DHHR) purposely deleted emails related to a class action lawsuit. Plaintiffs in the suit, A Better Childhood, a New York-based nonprofit, along with Shafer and Shafer and Disability Rights West Virginia, recently asked for sanctions in the case due to lack of evidence retention from the defendants. https://wvpublic.org/attorneys-seek-sanctions-in-delayed-lawsuit-against-dhhr/ 1/10/24 - West Virginia Watch Isn’t it time for the West Virginia Legislature to face the truth about Sharpe Hospital? During the 2023 legislative session, the West Virginia Legislature enacted House Bill 2006 that split the Department of He alth and Human Resources into three agencies amid criticism of mismanagement, nonfeasance and retaliation. The bill required DHHR to create a “long-term sustainability plan for each state health facility” by Dec. 1, 2023. The deadline has passed and DHHR has presented no formal plan to sustain the state’s seven health care facilities — one acute, four long-term care and two psychiatric facilities. https://westvirginiawatch.com/2024/01/10/isnt-it-time-for-the-west-virginia-legislature-to-face-the-truth-about-sharpe-hospital/?emci=7da18419-1eaf-ee11-bea1-0022482237da&emdi=c711fdc3-afaf-ee11-bea1-0022482237da&ceid=113465 1/9/24 - West Virginia Watch Older foster kids are turning up in mental hospitals because the state has nowhere to put them. “I think [the state] failed him. And, they’ve failed me,” a mother said. https://westvirginiawatch.com/2024/01/09/older-foster-kids-are-turning-up-in-mental-hospitals-because-the-state-has-nowhere-to-put-them/ 1/2/24 - West Virginia Watch State health department’s top attorney retires amid ties to deleted foster care email scandal. The department is facing sanctions over missing emails from former officials in an ongoing lawsuit about the treatment of foster kids. https://westvirginiawatch.com/2024/01/02/state-health-departments-top-attorney-retires-amid-ties-to-deleted-foster-care-email-scandal/

ANNUAL REPORT 2025 Disability Rights of West Virginia As we close out another year of service, growth, and unwavering commitment, I’m reminded of what truly defines our agency: the people. Every day, individuals with disabilities trust us to stand beside them, advocate for them, and help create opportunities for fuller, richer lives. That trust is an honor we never take lightly. None of this work would be possible without our extraordinary staff, whose compassion and determination shine through in every challenge they face and every victory they help make possible. Their dedication is the heartbeat of our mission. We are equally grateful for our board members, whose guidance, vision, and steadfast support ensure that our agency continues to move forward with purpose and integrity. Their leadership strengthens our foundation and fuels our future. As you read through this newsletter, we hope you feel the same pride and gratitude we do. This year has been one of resilience, collaboration, and meaningful impact — and together, we look forward to an even brighter year ahead. Susan Given, MSW, LSW, Executive Director Overview Monitoring In FY 2025, DRWV conducted 246 monitorings at 125 state and private facilities and public schools. These monitorings were conducted over eleven major categories including: Intermediate Care Facilities; WV Division of Corrections and Rehabilitation; Children’s Residential Facilities; State and Private Nursing Homes; State and Private Psychiatric Hospitals; Assisted Living Facilities; Specialized Family Care Homes; Forensic Group Homes; IDD Waiver Group Homes; Legally Unlicensed Care Homes; and Public Schools. Cases In FY 2025, DRWV opened 1,063 federally funded Service Requests for 980 clients . The following table shows service requests broken down by federal funding source. Special Education Related Service Requests by Federal Program: Outreach and Training DRWV set up our outreach display at thirty-two events, presented a general outreach presentation nine times, and provided training during seven events (not including voting rights) in FY 2025. DRWV developed a presentation entitled “Advocacy for Justice Involved Individuals with Disabilities” and had the opportunity to present it at two different events in FY 2025. This enhanced “helping professionals” with understanding the high prevalence of disabilities among those who experience incarceration, how WV could make improvements to its community support systems to aid reentry efforts, and the “helping professional’s” role as it relates to this population.. A Senior Advocate provided training about service and emotional support animals during an event at the Ohio County Library. She was invited to do this training after having done one for a similar group in the previous fiscal year. DRWV’s Legal Director accepted the annual advocacy award from National Disability Rights Network (NDRN). This was recorded and appeared on NDRN’s YouTube channel which has 959 subscribers. https://www.youtube.com/watch?v=fZ8ifXVogKc . Access to Places and Services In the fourth quarter or FY 2025, the decision was made to begin an effort to evaluate each of the state parks in WV who advertise the availability of accessible fishing. For the parks that have fishing, lodging was also monitored when applicable. In just three months, twenty-five parks were assessed. Staff were very well received by most of the parks. Several of them indicated a desire to make their services more accessible and welcomed feedback. At the time of this report, findings had not yet been sent to the parks. This effort will continue into FY 2026. In FY 2024, a client with a traumatic brain injury (TBI) requested assistance with an issue related to the accessibility of an office that provides services specifically for people with TBIs, particularly the inoperable chair lift. DRWV communicated with the client and staff at the provider’s office regarding the accessibility issues and advocated for the problem to be corrected. As a result, in FY 2025 the chair lift was made operational and the client gained access to the services they provide. In FY 2024, two Service Requests were opened to address the lack of accommodations provided by the US Postal Service (USPS) for two different clients. They were both resolved favorably in FY 2025. In both cases, DRWV researched the applicable rules, regulations, and laws. For one case, an accessibility study was conducted at a Post Office. The Postmaster was contacted, acknowledged the lack of accessibility, and agreed to remedy the situation as soon as possible pending approval from his supervisor. For the other case, DRWV negotiated with the USPS to provide an accommodation to the client by delivering mail onto her property rather than her mailbox, which was a mile away from her home. Assistive Technology A client who was homeless at the time was being denied services by a Durable Medical Equipment (DME) provider due to having no home address other than the shelter. The client requested assistance with getting the DME provider to meet with him to fit him for his prosthetic leg. The Advocate discussed the client's concerns with him then met him at the DME provider’s location. The client was then seen by the DME provider on the day he met with the Advocate as well as another day since then to be fitted for his prosthetic leg. He was able to make a follow-up appointment as well. Education The parent of a student with a serious emotional disturbance requested assistance to ensure her son received a free and appropriate public education. The Advocate convened a Section 504 Plan meeting to address the district's failure to support him since middle school, when his Individualized Education Program (IEP) was removed and replaced with a 504 Plan. During the meeting, it was also noted that the parent had repeatedly asked for information about the Career and Technical Education (CTE) program, but the school told her he was too far behind on credits to participate. The Counselor clarified that a credit-recovery option existed within the CTE program that would allow him to catch up and graduate with his peers. As a result of DRWV's intervention, the student received a 504 Plan that supports his participation in the CTE program. He was accepted into the Options Program and has been doing exceptionally well. A mother requested assistance with advocating for her son's educational rights. The Advocate requested and reviewed education records then attended an Individualized Education Program (IEP) meeting where the team agreed that the student needed a Functional Behavioral Analysis (FBA) and Positive Behavioral Interventions and Support (PBIS) Plan, as well as an Occupational Therapy evaluation. School staff received PBIS training. PBIS and sensory supports were added to the IEP. A behavior contract was also added. School staff appeared to have had an attitudinal change, and the student was doing well with self-advocacy and self-awareness. Employment/Transition Planning A client requested assistance regarding a change in funding for out of state visual training that the WV Division of Rehabilitation Services (WVDRS) had previously agreed to provide. DRWV communicated with WVDRS to facilitate continued funding for visual training program. As a result, WVDRS agreed to continue funding the visual training at school in Louisiana. A Senior Advocate addressed an issue with the patient work program at one of the state psychiatric hospitals. The hospital had a requirement for two staff to escort patients who participated in the work program. After the Advocate discussed this with the supervisor, it was determined that patients who met the qualifications for this program should only need one staff member to escort them. Hospital Discharge Planning/ Least Restrictive Environment A client with intellectual/developmental disabilities requested DRWV's assistance with discharge planning from a private psychiatric hospital. Advocates attended treatment team meetings and communicated with the client, hospital, and providers to facilitate a smooth discharge back to the community. As a result of DRWV’s intervention, the client is now living in the community with supports and services in place through the Intellectual/Developmental Disabilities Waiver (IDDW) to help him stay out of the hospital. He has learned skills to advocate for himself as well. In FY 2023, a client with serious mental illness in a state psychiatric hospital requested assistance with getting discharged. At the time, she had been there for two years. The Advocate worked with the client to determine her goals for discharge. The Advocate followed up with the Social Worker at the hospital as well as the Legal Guardian to ensure that discharge planning was occurring and moving forward. She Advocated for the use of Special Project funding to establish a placement setting for the client and followed up with referrals, requests, and other needed details to set up the discharge to be as successful as possible. As a result of extensive advocacy, the client discharged from the state psychiatric hospital in FY 2025 after being there for at least four and a half years. The hospital and the Legal Guardian are also now more aware of options to move individuals into their least restrictive environment with appropriate services and supports. A Legal Guardian from the WV Department of Human Services (WVDoHS) contacted DRWV for representation to prevent the eviction of a client with intellectual/developmental disabilities that was due to an issue between the housing provider and the Representative Payee, who happened to be a sheriff’s department. The housing provider failed to notify the Guardian of a problem with how the rent was being paid and filed for an eviction in Magistrate Court. The housing provider sent notices to the client herself, who was unable to fully understand the situation. Once the Guardian found out, she contacted DRWV immediately. A staff attorney was assigned and took prompt action to prevent the eviction. He interviewed Guardian and obtained affidavits to support a motion to dismiss. He researched and drafted the motion to dismiss, motion to remove, and affidavits. He then appeared on behalf of Guardian and client at the eviction hearing. Due to the quick action of the staff attorney the eviction proceeding was dismissed, and the client remained in her home. A client with intellectual/developmental disabilities requested DRWV's assistance with discharge planning from a private psychiatric hospital. Advocates attended treatment team meetings and communicated with the client, hospital, and providers to facilitate a smooth discharge back to the community. As a result of DRWV’s intervention, the client is now living in the community with supports and services in place through the Intellectual/Developmental Disabilities Waiver (IDDW) to help him stay out of the hospital. He has learned skills to advocate for himself as well. Individual Rights PAVA/Voting DRWV assisted 18 clients with registering to vote or updating their voter registration and assisted twenty-six clients with casting ballots in FY 2025. The PAVA Advocate provided voter rights training to individuals with disabilities at a community-based center that mainly serves individuals with developmental disabilities. The PAVA Advocate was invited to the Rotary in one town in WV to give a presentation about voting rights as well. Systems Work The Office of Health Facility Licensure and Certification (OHFLAC) is the state survey agency for the Centers for Medicare and Medicaid Services. DRWV’s monitoring highlighted concerns about OHFLAC monitoring licensed and certified state psychiatric hospitals and community behavioral health centers. DRWV provided substantial technical assistance to the lead drafter in the West Virginia Senate to amend the state code to separate the Office of Inspector General (OIG) and OHFLAC from the former WVDHHR entities. The OIG and OHFLAC are now separate and independent agencies. As a result of the separation, the OIG and OHFLAC have initiated ongoing engagement with DRWV that has resulted in collaboration in facility monitoring, information sharing, and strategic planning. DRWV is now receiving information to which it otherwise was historically denied. DRWV continued to monitor public schools in FY 2025 and monitored a total of twelve schools, along with the on-grounds schools at two juvenile justice facilities. The focus for FY 2025 was behavior, discipline, and exclusions. Advocates discussed the importance of positive behavior support plans (PBSP), trauma informed approaches, and specifically reviewed Individualized Education Programs (IEP) of students with behavioral concerns and discipline infractions. Advocates found issues such as: recommendations of the psychological evaluations not being considered by the IEP team; a sensory evaluation not completed; poorly written functional behavior analysis (FBA) and PBSPs; lack of data collection; untrained implementation of PBSPs; staffing, services, and placement decisions determined by the county office instead of by student needs; and students as young as elementary school being arrested due to behaviors that are manifestations of a disability, strengthening the schools to prison pipeline. Advocates sought to assist schools in meeting the needs of students by offering information, training, and linking them to additional resources. Through monitoring, it was also discovered that some student health plans were not included in all educational settings, particularly transportation. It was determined this would be one of the areas of focus for the next FY. Collaboration DRWV’s Executive Director is a member of the WV University Center for Excellence in Disabilities (WVUCED) Advisory Council and participated in the meeting that was held in FY 2025. She also participated in the planning committee for the Mountain State Conference on Disabilities held in September 2025. DRWV was also a sponsor of this event and was listed in the conference materials. DRWV’s Legal and Program Directors gave a presentation about advocacy related to West Virginia children’s right to Early and Periodic Screening, Diagnostic, and Treatment (EPSDT). The Executive Director also met with the WVUCED’s Director about proposed budget cuts impacting people with disabilities in WV and the agencies that serve them. DRWV continued to participate in a statewide Sexual Violence Prevention Collaborative and the project’s Disability Workgroup subcommittee. The Collaborative’s objective is to identify the state of sexual violence prevention in WV. Additionally, the Collaborative strives to establish and offer resources with a standard of 'quality control' in prevention programming, as well as build a prevention network that utilizes local collaborations. The Disability Workgroup was developed to address the specific sexual violence prevention needs of the disability community. This Workgroup is also charged with identifying resources and methods to address the inclusion of sexual violence prevention programs for individuals with disabilities. DRWV worked with the subcommittee to build an online training program for WV Bureau for Medical Services (WVBMS) to be made available to IDD Waiver providers. During FY 2025 DRWV attended two collaborative meetings, two disability Workgroup meetings, and three module meetings. DRWV attended quarterly meetings with Legal Aid of WV (LAWV) to communicate any ongoing issues and opportunities for collaboration. DRWV is also a member of the LAWV Long Term Care Ombudsman (LTCO) Advisory Committee and participated in meetings. The purpose of these meetings is for DRWV to be aware of issues related to the work of the LTC Ombudsman program that affect people with disabilities and collaborate as needed. Advocates also continued to collaborate with LTC Regional Ombudsman about issues encountered during monitoring. DRWV continued to participate in the WV Statewide Independent Living Council (SILC) meetings and attended all four quarterly meetings in FY 2025. DRWV participated in the meetings to keep informed and updated on the status of independent living services in WV. This allows DRWV to maintain current information to provide to our Board, clients, and staff as needed when issues arise that are pertinent to these services. DRWV includes information about the Centers for Independent Living (CIL) with Information and Referral follow ups. The CILs also refer many individuals to DRWV, often asking for our brochures to have on hand. DRWV also spoke to the Director of the SILC about issues affecting potential clients . DRWV is a required member of and regularly attends the TBI Advisory Board led by the WV University Center for Excellence in Disabilities (WVUCED) TBI project. The Board’s purpose is to provide guidance and feedback to state, local, and private partners on design, development, and implementation of statewide services and supports for people with TBI. To this end, the Board’s charge is to work to develop and strengthen West Virginia’s ability to appropriately serve those with TBI by: analyzing the needs of people with TBI, their families, and caregivers and proposing strategies to meet those needs; reviewing best practices and making subsequent recommendations to partners; participating in the development of a statewide plan for TBI; and, involving people with TBI and their families in the development of policies and programs. DRWV continued to participate in the Community Participation subcommittee in FY 2025. There was discussion in this subcommittee about starting new TBI support groups in different areas of the state. DRWV linked the subcommittee with an agency in an unserved area in the hopes of creating a new support group. An introductory meeting was set for the first week of October 2025. DRWV and the Alabama Disability Advocacy Program (ADAP) collaborated on a joint monitoring effort and visited three residential treatment facilities in Alabama that serve approximately sixty WV children. The facilities we visited had more than adequate staffing levels and the treatment provided appeared to meet standards of care. Youth reported that they trusted staff, medical care was available, and they had many opportunities for community integration. Multidisciplinary Team meetings and a child’s access to their primary WV Department of Human Services (WVDoHS) worker were areas of concern.

EDUCATION - DISCIPLINE Center for Law and Education: When Schools Criminalize Disability When Schools Criminalize Disability: Education Law Strategies for Legal Advocates explores various legal theories and strategies for challenging inappropriate school-initiated delinquency petitions and crime reports, and addressing their aftermath. Discipline for Children With Disabilities Questions and Answers Questions and Answers from OSEP: Answers to Some Commonly Asked Questions About Discipline Under IDEA. West Virginia Compilation of School Discipline Laws and Regulations This compilation presents school discipline-related laws and regulations for U.S. states, U.S. territories, and the District of Columbia, and, where available, links to education agency websites or resources related to school discipline and student conduct. West Virginia Department of Education Procedural Safeguards Procedural safeguards available to parents. West Virginia Department of Education's Office of Special Programs Extended and Early Learning's Policy 2419 West Virginia Department of Education's Office of Special Programs Extended and Early Learning's Special Education Policy 2419.