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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.

DEAFNESS/HARD OF HEARING American Association of the Deaf-Blind The American Association of the Deaf-Blind (AADB) is a nonprofit 501(c)(3) national consumer organization of, by, and for deaf-blind Americans and their supporters. Are You Deaf or Hard of Hearing? You Have a Right to a Qualified Interpreter A brochure from the West Virginia Commission of the Deaf and Hard of Hearing ASLdeafined Offers an interactive sign language website with lessons, games, activities, and a personalized progress chart. It has over 2200 videos in the dictionary which continues to grow. Described and Captioned Media Program (DCMP) Library The library provides free loan captioned and described educational media to benefit K?12 students who are deaf, hard of hearing, blind, visually impaired, or deaf-blind. Fairview Learning Network Fairview Learning is dedicated to helping individuals maximize their reading skills. Specific strategies, materials, programs, and assessments have been developed to jumpstart the reading skills of Deaf and Hard of Hearing students. Hands and Voices Hands and Voices is a non-profit organization dedicated to supporting families and their children who are deaf or hard of hearing, as well as the professionals who serve them. Handspeak – Sign Language Online A sign language resource. How to Obtain a Qualified Sign Language Interpreter for a Doctor's Appointment A publication from the West Virginia Commission for the Deaf and Hard of Hearing. iCanConnect If you have significant combined vision and hearing loss and meet federal income guidelines, iCanConnect can provide you with free communication technology and training to stay connected with family and friends. Lions Clubs International Affordable Hearing Aid Program Lions are providing high-quality, low-cost hearing aids through the Lions Affordable Hearing Aid Project (AHAP), a project of Lions Clubs International Foundation. Lions AHAP is dedicated to helping provide aids to people who could not otherwise afford them. National Association of the Deaf "The NAD is the nation's premier civil rights organization of, by and for deaf and hard of hearing individuals in the United States of America." National Association of the Deaf – Information about Health Care Providers Provides information about laws and requesting accommodations related to access to medical care to people who are deaf or hard of hearing. National Association of the Deaf – Questions and Answers for Health Care Providers Provides questions and answers to health care providers about laws and requesting accommodations related to access to medical care by people who are deaf or hard of hearing. National Institute on Deafness and Other Communication Disorders "Improving the lives of people who have communication disorders." Registry of Interpreters for the Deaf RID is a national membership organization representing the professionals who facilitate communication between people who are deaf or hard of hearing and people who can hear. Interpreters serve as professional communicators in a vast array of settings such as: churches, schools, courtrooms, hospitals and theaters, as well as on political grandstands and television. So the World May Hear A project of the Starkey Foundation. Starkey Hearing Foundation has helped hundreds of thousands to hear better. SOUNDapex "60 Basic ASL Sign Language For Beginners" Contains 6 chapters of information about sign language. Starkey Hearing Foundation Hear Now Program Hear Now is a national non-profit program that helps people who are deaf or hard of hearing get hearing aids if they have no other resources. Hear Now also collects hearing aids for recycling purposes. West Virginia Association of the Deaf The West Virginia Association of the Deaf, Inc., (WVAD) operated by, of, for the Deaf Community, advocates, and promotes to improve the quality of life for deaf and hard of hearing individuals including but not limited to deaf-blind individuals, parents of deaf children, interpreters, late-deafened adults, and children of deaf adults. West Virginia Commission for the Deaf and Hard of Hearing The mission of the West Virginia Commission for the Deaf and Hard of Hearing (WVCDHH) is to advocate for, develop, and coordinate public policies, regulations, and programs to assure full and equal opportunity for persons who are deaf and hard of hearing in West Virginia. West Virginia Commission for the Deaf and Hard of Hearing's Interpreter Directory The WVCDHH maintains this directory of sign langauge interpreters on their website. For additional assistance, please contact the WVCDHH (see link to their website above). West Virginia Commission for the Deaf and Hard of Hearing's Telephonic Communication Device Loan Program Offers equipment for West Virginia residents with qualifying disabilities that interfere with the use of the telephone. West Virginia Hands and Voices Hands & Voices is a non-profit organization that is dedicated to supporting families and their children who are deaf or hard of hearing, as well as the professionals who serve them. West Virginia Supreme Court of Appeals Access to Justice Office – Interpreters Contains information on the West Virginia Supreme Court’s Access to Justice office, which coordinates the provision of sign language services in West Virginia courts. What Businesses Need to Know About Qualified Sign Language Interpreters in West Virginia A brochure from the West Virginia Commission for the Deaf and Hard of Hearing WV SenseAbilities Project Technical assistance and training for deaf-blind children, their families and their service personnel.

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. Eligibility Criteria A PABSS client must be a SSI/SSDI beneficiary who desires to work and has a barrier keeping him/her from working. Funding Source Social Security Administration PABSS Publications PABSS Brochure

Mental Health Crisis • Emotional Distress • Suicidal Free and confidential support 24 hours a day, 7 days a week Talk with us. There is hope. If you or someone you know needs support right now , call or text 988 or chat via the link below.

TRANSPORTATION AND TRAVEL ADA Essentials for Transit Board Members Fundamentals of the Americans with Disabilities Act and Transit Public Policy is a 68-page, spiral-bound resource that is suited for not only board members, but bus, rail, and paratransit staff, public officials, community planners, advocates, and anyone seeking basic information on the ADA as it relates to public transportation. About the Air Carrier Access Act A summary of the Air Carrier Access Act and its major provisions. Community Transportation Association of America (CTAA) Effective public and community transportation. Federal Transit Administration ADA Page The Federal Transit Administration (FTA) Office of Civil Rights is responsible for civil rights compliance and monitoring of public transportation. Guide to Vehicle Modifications People with disabilities can have specialized vehicle modifications installed in their cars. These modifications keep drivers with disabilities on the road and create more accessible vehicles. Common modifications include seat belt adjustments, safety bars and straps, ramps, swivel seats, and hand controls. National Mobility Equipment Dealers Association (NMEDA) Dedicated to expanding opportunities for people with disabilities to safely drive or be transported in vehicles modified with mobility equipment to fit their specific needs. NewFIT Program A joint venture between Mountain Line Transit and In Touch and Concerned. Seniors, Work-related, Medical-related, or premium transportation services arranged by Appointment in the Morgantown area. The Guided Tour, Inc. The Guided Tour is a very special program that offers opportunities for personal growth, recreation and socialization through travel. Our travelers are persons with developmental challenges (and sometimes persons with BOTH a physical and developmental challenge), ages 17 and up, who come from all over the United States. Topic Guides on ADA Transportation A Series of Topic Guides for Transit Agencies, Riders and Advocates on the American with Disabilities Act (ADA) and Transportation. Transportation Security Administration (TSA) Travelers with Disabilities and Medical Conditions TSA has established a program for screening of persons with disabilities and their associated equipment, mobility aids, and devices. Travelers can find information about traveling with disabilities and medical needs. U.S. Department of Transportation Nondiscrimination on the Basis of Disability in Air Travel Information from the U.S. Department of Transportation about air travel. This includes a form for making complaints about disability related discrimination under the Air Carrier Access Act of 1986. United We Ride An interagency federal national initiative that supports states and their localities in developing coordinated human service delivery systems. West Virginia Department of Transportation – Transportation Providers Directory of transportation providers in West Virginia. West Virginia Plate and Placard Program The West Virginia Department of Transportation Division of Motor Vehicles Program for Parking for a Person with a Disability.

NEWS LETTER November Disability Rights of West Virginia 2022 Suicide Prevention Article by Megan Elliott, Family Services Navigator - NAMI (National Alliance on Mental Illness) Suicide is one the most preventable deaths, yet it remains a leading cause of death worldwide year after year. Unfortunately, the COVID-19 pandemic has taken more lives for reasons beyond the virus itself. Two major contributing risk factors for suicide are isolation and hopelessness, feelings which have been exacerbated through quarantine and social distancing. As of 2019, there were 47,511 deaths by suicide in The United States alone. West Virginia has a rate of 18.8/100,000 or 3,445 deaths by suicide which puts the state among the top 10 in the U.S. for lives lost. Risk Factors Knowing the risk factors attributed to suicide is a vital piece of prevention efforts. Some of these risk factors include: Previous Suicide Attempt Substance Misuse Depression and other Mental Illness Serious Illness and/or Disability Bullying Adverse Childhood Events Witness to or experience of violence Lack of access to healthcare History of suicide in family/loved ones Discrimination Financial Hardship Stigma around mental illness Protective Factors Another important aspect of suicide prevention is the implementation of protective factors. Much like any other illness, there are steps we can take to ensure the health and safety of ourselves and those around us. It is within the ability of each of us to practice these actions. Some examples of protective factors include: Support from loved ones Access to healthcare, including mental health Cultural Connections Religious Beliefs Involvement in school, community, or social organizations Reduced access to lethal means Effective coping skills Connections to others Access to Lethal Means Restricting access to lethal means can be one of the biggest protective factors we have against death by suicide. Lethal means are anything which can be used to complete suicide. This includes but is not limited to firearms, medications, and sharp objects such as knives. Proper storage of these everyday items can go a long in keeping our communities safe from suicide. This can be done through the implementation of firearm locks, gun safes, and lock boxes to name just a few methods. Taking the time to safely store these potential dangers even when suicide is not believed to be a concern is worth more than a life lost. IS PATH WARM IS PATH WARM is an easy to memorize acronym that anyone can use in assessing risk for suicide. This handy tool looks like this: I solation – Increase in time spent alone S ubstance Abuse – Improper or excessive use of substances such as drugs or alcohol P urposelessness – Saying things like “I feel useless” or “I don’t have a purpose in life” A nxiety – Increased nervousness or worry T rapped – Can be expressed as a lack of motivation. Saying things like “I feel stuck” H opelessness – Lack of hope for the future W ithdrawal – Withdrawing from family, friends, or loved ones A nger – Uncharacteristic or increased anger R ecklessness – Uncharacteristic or increased risk-taking behavior M ood Changes – Unusual or dramatic changes in mood or behavior Resources If you are concerned for yourself or a loved one, please reach out to any of the resources below for help. You Are Not Alone! 988 suicide and crisis lifeline, call or text preventsuicidewv.com namiwheeling.org 844.MY.LOST1 BrotherUpFoundation.org help4wv.com sprc.org Sources for statistics: https://www.cdc.gov/suicide/factors/index.html https://preventsuicidewv.com/get-the-facts/ Client Comments Why we do what we do "I am very happy with the outcome of my complaint. WELL DONE JOB!" "Thank you!"

NEWS Disability Rights of WV Fiscal Year 2023 Priorities and Objectives Fiscal Year 2023 Priorities and Objectives (Download) The Parent's Advocacy Guide to Special Education - 3rd Edition - is now available online! 3rd Edition Parent's Advocacy Guide (Download) Court rules that Federal Disability Rights Class Action Against Charleston, West Virginia Can Proceed The week of July 13, a federal judge denied Kanawha County Schools ’ (KCS) motion to dismiss a civil rights class action lawsuit filed by The Arc of West Virginia on behalf of children with disabilities in the county. The lawsuit alleges that the school district, which educates children in the Charleston, West Virginia area, fails to provide effective behavioral supports to students with disabilities and sends them home instead of educating them in violation of federal law. Plaintiffs The Arc of West Virginia and parents of two students with disabilities are represented by the Bazelon Center for Mental Health Law, Disability Rights of West Virginia , Mountain State Justice , The Arc of the United States , and the global law firm Latham & Watkins LLP . Read the press release here . Read more about the case here . Finding the Right Help during the COVID-19 (coronavirus) Outbreak The outbreak of the COVID-19 (coronavirus) has put many citizens in a place of uncertainty — Benefits.gov is here to help! In order to help families and individuals find the resources they need, Benefits.gov has released a new article, “Finding the Right Help during the COVID-19 (coronavirus) Outbreak” . In the article, you will find helpful information on government benefits such as unemployment resources and healthcare coverage as well as resources for businesses and families. For the most up-to-date information on the coronavirus outbreak, visit Coronavirus.gov to learn more about how to protect and prepare yourself and your community. PRESS RELEASE - West Virginia, National Disability Advocacy Groups File Complaints Alleging Systemic Disability Discrimination in Kanawha County Schools Press Release 6-25-19 (Download)

SELF-ADVOCACY RESOURCES To look for resources, choose a resource category from the list below. This will take you to a page with links related to that topic. Resource Categories ABLE Accessibility Americans with Disabilities Act (ADA) Assistive Technology (AT) Autism Blindness/Visual Impairment Children and Families (not Education) Criminal/Juvenile Justice Deafness/Hard of Hearing Disaster Preparedness and Response Education - Bullying/Harassment Education - Discipline Education - Homeschooling Education - Laws and Policies Education - Learning Disabilities Education - Miscellaneous Education Education - Organizations Education - Section 504 Employment - Accommodations Employment - Discrimination Complaints Employment - Employer Information Employment - Employment Rights Employment - Federal Agencies Employment - Finding Employment Employment - Healthcare/Work Incentives Employment - Job Training Programs Employment - Miscellaneous Employment Healthcare - Children Healthcare - Complaints Healthcare - Dental Healthcare - Insurance/Medicaid/Medicare Healthcare - Miscellaneous Healthcare Healthcare - Prescriptions Housing/Homelessness Independent Living Intellectual/Developmental Disabilities Legal Referral Resources and Legal Information Mental Health Miscellaneous Resources Older Adults People First Service and Emotional Support Animals Substance Abuse Supported Decision Making Transition - School to Work/Adult Life Transportation and Travel Traumatic Brain Injury (TBI) Veterans - Benefits Veterans - Employment Voting

Requirements/Qualifications: Disability Rights of West Virginia (DRWV), the federally mandated protection and advocacy system for persons with disabilities, is seeking a litigation staff attorney. Candidate must have experience in electronic discovery, motion practice, and taking depositions and an interest in complex litigation. Litigation will involve class actions, torts, Olmstead, abuse & neglect, the Americans with Disabilities Act, and other state and federal regulations concerning disability rights in federal and state courts. Position requires compassion for persons with a disability and a commitment to prosecute challenging cases. DRWV is looking for a self-starter who wants to be part of DRWV’s expanding litigation team. DRWV is an Equal Employment Opportunity employer. Excellent benefit package. Salary range depending on qualifications and experience. This position will be open until filled. Work Schedule: Full Time Monday to Friday 8 hour shift Weekends and overtime as needed Work Location: Hybrid remote in Charleston, WV 25313 Salary Range: $65,000.00 - $110,062.00 per year based on qualifications and experience. Benefits: Dental insurance Flexible spending account Health insurance Health savings account Life insurance Paid time off Retirement plan Vision insurance To apply: Please submit a resume and cover letter with your salary expectation. File upload Upload files here Submit