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EMPLOYMENT - HEALTHCARE/WORK INCENTIVES Medicaid Work Incentive Network (M-WIN) M-WIN is a work incentive for people with disabilities or chronic health conditions. It allows individuals who work, to pay a monthly premium and keep or obtain Medicaid healthcare coverage. Social Security Administration "How Work Affects Your Benefits" A Social Security Administration booklet to help you understand how working will affect your Social Security retirement or survivors benefits. Social Security Administration "Reporting Wages For People Who Receive Supplemental Security Income (SSI)" A guide to assist representative payees and beneficiaries in reporting monthly wages to the Social Security Administration when a person receives SSI. Social Security Administration "Working While Disabled – How We Can Help" A booklet from the Social Security Administration to assist you in understanding work incentives and your "Ticket to Work". Social Security Administration "Your Ticket to Work" If you're an adult age 18 through 64, and you get disability benefits, you qualify for the Ticket to Work program. Social Security Administration Choose Work Website The web site challenges willing SSI and SSDI beneficiaries to "Choose Work" by participating in the Ticket to Work program and using other SSA Work Incentives. Social Security Administration Redbook – A Guide to Work Incentives A guide to work incentives as well as the employment-related provisions of Social Security Disability Insurance and the Supplemental Security Income Programs. The Benefits Planning Query (BPQY) The Benefits Planning Query (BPQY) is part of the Social Security Administration?s (SSA) efforts to inform Social Security Disability Insurance (SSDI) beneficiaries and Supplemental Security Income (SSI) recipients about their disability benefits and the use of work incentives. A BPQY statement contains detailed information about the status of a beneficiary's disability cash benefits, scheduled medical reviews, health insurance, and work history. In essence, the BPQY provides a snapshot of the beneficiary's benefits and work history as stored in SSA's electronic records. Work Incentive Planning and Assistance (WIPA) WIPA disseminates accurate information to Social Security beneficiaries with disabilities about work-incentive programs and issues related to such programs, to enable them to make more informed decisions regarding work.

REGISTERING TO VOTE Answers to Your Questions To vote in the next election you must register to vote! I cannot remember if I am registered to vote; how can I find out? To find out if you are already registered to vote, you can: call your County Clerk’s office, or Visit the website: https://services.sos.wv.gov/Elections/Voter/AmIRegisteredToVote When do I have to register to vote? You may register at any time. However, to be eligible to vote in a specific election, you must register 21 days before that election. Am I eligible to register to vote? You must be: A resident of West Virginia and the county where you register, A U.S. Citizen, At least 17 years old and 18 before the next general election, and Not currently under conviction for a felony, including probation or parole, or a court ruling of mental incompetence. Voting rights are restored when the term of conviction ends. Am I eligible to vote if I am under Guardianship? You are eligible to register and vote unless a Judge has specifically ruled you mentally incompetent or specifically ruled that you have lost your voting rights in a final order. How do I Register to Vote? You may register online, in person or by mail. You must fill out the registration form, and provide valid identification. If you choose to register by mail, then you must provide a copy of your identification with the registration form or the first time you vote.If you mail this registration form, valid identification includes: A current & valid photo ID with current residence address, or A copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows your name and current residence address. How can I register to vote online? You may register to vote online if you have a West Virginia driver’s license or state issued ID card: https://ovr.sos.wv.gov/register Where can I get the registration form, if I plan to register by mail? Where do I mail it? You may download the registration from this website: http://www.sos.wv.gov/elections/ Mail your registration form to your County Clerk’s office. Where can I register to vote in person? Your County Clerk’s Office. Driver license offices Public assistance agencies Agencies which serve people with disabilities Military recruiting offices The Motor Voter program at your local Department of Motor Vehicles office If it is close to an election, registering at the county clerk’s office is the best place to go to be certain you will be on the books on election day. How do I know that I am registered? Visit https://services.sos.wv.gov/Elections/Voter/AmIRegisteredToVote , or call your County Clerk’s office. Where is my County Clerk’s Office? The phone numbers of West Virginia’s County Clerk’s offices are listed at http://www.sos.wv.gov/elections/ Who do I ask if I need help? Visit http://www.sos.wv.gov , Call or Visit your County Clerk’s office, or call Disability Rights of West Virginia.

ANNUAL REPORT 2023 Disability Rights of West Virginia Another fiscal year comes to an end. All annual reports to our funders have been submitted. I would like to share some of our successful advocacy stories. As always, I want to take the opportunity to thank the staff of Disability Rights of West Virginia. Their commitment to the individuals we serve is limitless. It takes every one of them to ensure our success. Susan Given, Executive Director, MSW, LSW Overview Monitoring In FY 2023, DRWV conducted 410 monitorings of 200 state and private facilities. These monitorings were conducted over thirteen major categories including: Assisted Living Facilities; Forensic and Behavioral Health Group Homes; Intermediate Care Facilities; Specialized Family Care Homes; State and Privately Operated Children’s Residential Facilities Psychiatric Hospitals, and Nursing Homes; WV Division of Corrections and Rehabilitation Jails and Prison; Intellectual/Development Disabilities Waiver Group Homes; a Legally Unlicensed Home; and a private residential facility. Cases In FY 2023, DRWV opened 1,282 federally funded Service Requests for 956 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 staff set up our outreach display table at twenty-three events in FY 2023. Staff also provided thirty-four outreach presentations and twelve trainings to various groups throughout the state. Access to Services A client with a mobility impairment requested assistance with getting access to a municipal building. DRWV completed a site survey and provided the city with information on Americans with Disabilities Act (ADA) entrance accessibility requirements. Due to advocacy provided by DRWV, the city added signage indicating where the accessible entrance is located. This information was also added to their website which made the Municipal Building more accessible to not only the client, but all residents with mobility impairments. A client who uses a wheelchair made a complaint about a city’s public transportation system. She alleged issues related to inadequate lifts, inaccessible buses, discourteous transit officials, as well as other complaints. Since we had received similar complaints from other clients in the recent past, DRWV’s Legal Director sent a letter to all public transportation service providers in WV. Some of the providers followed up right away and seemed genuinely concerned about the allegations. Another complaint was received about the accessibility of the bus stop shelters in one city. The City Manager promptly responded and provided pictures of the current bus stop shelters, which were clearly made accessible before the complaint was made. Assistive Technology A client contacted DRWV for assistance with obtaining a vehicle lift for her motorized wheelchair. DRWV provided advocacy on the client's behalf with the WV Division of Rehabilitation Services (WVDRS) for her to be provided with a lift. The WVDRS provided funding to purchase the vehicle wheelchair lift which allows her improved access to her place of employment in order to retain her job. Financial Well-Being A client with a TBI asked for DRWV’s assistance in getting her Conservator to open an ABLE account. DRWV educated the Conservator on ABLE accounts and sent a letter to the Conservator and Legal Guardian outlining concerns with continued financial eligibility for Medicaid and home and community based services. Due to advocacy provided by DRWV, the client successfully had a WVABLE account opened. Hospital Discharge Planning/ Least Restrictive Environment A client with a serious mental illness requested assistance with getting discharged from a state psychiatric hospital. DRWV advocated for discharge to a less restrictive residential setting. As a result, the client was discharged from a state psychiatric hospital, where he had been for almost a year, to an assisted living facility. When asked if he was satisfied with his new placement, he said to the Advocate, “thank you for your part in getting me in here. It is a lot better than the hospital. The food is great, and I get to spend all the time I want on my computer." Housing A Legal Guardian of an individual with a development disability requested DRWV’s assistance regarding the landlord's new policy that forced the client to rescind his US Housing and Urban Development (HUD) voucher in order to continue to reside in his current apartment. DRWV reviewed applicable documents then filed a Cease and Desist related to forcing the client to decline HUD assistance as well as communicated with the landlord's legal counsel. The landlord, on advice of their legal counsel, agreed to drop the requirement to decline HUD funding for at least the next year. This impacted at least two individuals that DRWV is aware of. Post-Secondary Education A client had requested tuition sponsorship from WVDRS for graduate school and they wanted her to complete a psychological evaluation to determine if they would approve it. The client disagreed with the requirement to complete the evaluation because she previously completed evaluations for them. The client chose to complete the evaluation that she initially did not want to participate in, and she was denied graduate school sponsorship. She contacted DRWV for advocacy. DRWV communicated with the client and WVDRS and reviewed the client's WVDRS records to determine the reason for the denial. DRWV filed a Request for Review with WVDRS to request an exception to the college sponsorship policy that caused the denial of funding. WVDRS granted an exception to the college sponsorship policy, and they agreed to provide funding for her graduate school on a semester-by-semester basis. The client started graduate school and is working to meet her employment goals. DRWV staff collaborated with WVDRS to conduct outreach and training to staff at Mason County Schools. DRWV staff also collaborated with WVDRS to conduct outreach to staff and management from a transitional living facility on the grounds of a state psychiatric hospital. Social Security Overpayment Related to Employment A client requested assistance with appealing a Social Security Administration (SSA) overpayment including the payment plan which had resulted in a barrier to employment. DRWV assisted the client in requesting a waiver of the SSA repayment. The Advocate communicated with the client and SSA, following up to request responses on the waiver request. As a result of DRWV’s advocacy, the client's request for an overpayment waiver was approved and he was reimbursed for all of the money he had paid back to SSA. He has resumed his request for services from the WV Division of Rehabilitation Services (WVDRS) and he has a part-time job. Systems Work DRWV represented a four-year-old girl with autism who is nonverbal. She went to a national chain movie theater to see Disney’s A Little Mermaid. During the movie she attempted to sing. She was evicted from the movie. DRWV investigated the matter and provided notice of suit to the movie theater's corporate office. In response, DRWV and the theater's corporate office are discussing a settlement that will include the theater showing children-related movies in a low sensory environment at its two movie theaters in WV. This will impact children with many types of disabilities. During the 2023 legislative year, DRWV was asked to provide technical assistance to various legislators, legislative staff, and legislative committees, including the Legislative Oversight Commission on Health and Human Resources Accountability, the House of Delegates Health Committee, the Senate Judiciary Committee, and the Senate Health Committee. DRWV has continued our partnership with the National Arc, the Arc of Three Rivers, the Judge David L Bazelon Center for Mental Health Law, Mountain State Justice, and Latham and Watkins, LLP to examine the placement of students with disability-related behaviors. This lawsuit continues. DRWV along with A Better Childhood (a national nonprofit) and a local WV law firm filed a federal class action lawsuit against the WVDHHR and several state officials at the end of FY 2019. The suit alleges that the WV Foster Care system is failing to protect children and failing to provide needed services. The US District Court granted class certification. Extensive discovery is being conducted. Trial is scheduled to begin in 2024. Voting Rights DRWV assisted eleven clients in registering to vote or updating their voter registration, assisted four clients with requesting and/or understanding absentee ballots, and educated two other clients about their voting rights. In FY 2023, DRWV staff conducted accessibility studies of the external access to one hundred nine polling sites in six counties in WV. Ninety-nine of the sites were identified to be in violation of the Americans with Disabilities Act (ADA) in some way. The most common ADA violations were a lack of van accessible parking spaces and/or adjoining access aisles, parking signage displayed at the improper height or missing altogether, and unstable surfaces on access routes. DRWV has or will follow up on each violation per our written process.

MENTAL HEALTH American Psychiatric Association The American Psychiatric Association is an organization of psychiatrists working together to ensure humane care and effective treatment for all persons with mental illness, including substance use disorders. It is the voice and conscience of modern psychiatry. Its vision is a society that has available, accessible quality psychiatric diagnosis and treatment. Bazelon Center Judge David L. Bazelon Center for Mental Health Law. Bazelon Center Psychiatric Advance Directives Information Psychiatric advance directives can be used to plan for the possibility that someone may lose capacity to give or withhold informed consent to treatment during acute episodes of psychiatric illness. Center for Psychiatric Rehabilitation The Center is a research, training, and service organization dedicated to improving the lives of persons who have psychiatric disabilities. Center for Workplace Mental Health A program of the American Psychiatric Foundation that advances effective employer approaches to mental health by combining the knowledge and experience of the American Psychiatric Association and their employer partners. This link goes to the employee resources page. Depression & Bipolar Support Alliance West Virginia The Depression and Bipolar Support Alliance (DBSA) is the leading patient-directed national organization focusing on the most prevalent mental illnesses. The organization fosters an environment of understanding about the impact and management of these life-threatening illnesses by providing up-to-date, scientifically based tools and information written in language the general public can understand. DBSA supports research to promote more timely diagnosis, develop more effective and tolerable treatments, and discover a cure. Depression and Bipolar Support Alliance Improving the lives of people living with mood disorders. Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights From the US Equal Employment Opportunity Commission Legal Aid of West Virginia's Family, Advocacy, Support, and Training (FAST) Program The goal of the Family, Advocacy, Support, and Training (FAST) program is to develop a statewide parent-to-parent and youth support network that will empower families to participate in planning, management, and evaluation of their child's treatment. Mental Health America We are the country's leading nonprofit dedicated to helping ALL people live mentally healthier lives. National Alliance on Mental Illness (NAMI) Support, Education, Advocacy, and Research for persons with mental illness and their families. National Alliance on Mental Illness (NAMI) Greater Wheeling WV The families and members of NAMI Greater Wheeling are here to help! We offer understanding to anyone concerned about mental illnesses and the treatment of mental illness. National Resource Center on Psychiatric Advance Directives Psychiatric advance directives are relatively new legal instruments that may be used to document a competent person's specific instructions or preferences regarding future mental health treatment. Quiet Minds Our goal is to facilitate early identification and treatment of psychosis in a collaborative, recovery-oriented approach involving individuals experiencing first episode psychosis, therefore reduce the disruption to the young person’s functioning and psychosocial development. The Mental Health Parity and Addiction Equity Act Centers for Medicare and Medicaid Services Center for Consumer Information & Insurance Oversight webpage about the Mental Health Parity and Addiction Equity Act. The Mental Health Provider's Role in a Client's Request for a Reasonable Accommodation at Work From the US Equal Employment Opportunity Commission The Temple University Collaborative on Community Inclusion of Individuals with Psychiatric Disabilities Users will be able to quickly identify the Collaborative?s past and current research activities, ongoing training and related knowledge development activities, and the growing number of journal articles, monographs, toolkits, and exemplary program descriptions that can be helpful to users seeking to expand their understanding and utilization of community integration principles and practices. U.S. Department of Health and Human Services Substance Abuse and Mental Health Services Administration (SAMHSA) U.S. Department of Health and Human Services Substance Abuse and Mental Health Services Administration (SAMHSA) homepage. West Virginia Behavioral Health Planning Council The primary purpose of the WVBHPC is to advocate for and evaluate the provision of community-based behavioral health services. West Virginia Behavioral Health Providers Association The Association's members are behavioral healthcare provider organizations serving recipients in each of the State's fifty-five counties. We are committed to creating and sustaining healthy and secure communities. Vital to this commitment is a network of organizations and advocates promoting services of unparalleled value. WV Behavioral Health Services Map To find available behavioral health services in any county in WV, see the comprehensive behavioral health centers' service areas on this map.

PAAT CASES Our PAAT (Protection and Advocacy for Assistive Technology) program helps people understand their rights to use medical devices or technology that can aid them in managing their disability. Collectively this is called Assistive Technology (AT). We help people navigate legal issues such as insurance denials of coverage for AT or related services, access to medical care that requires use of AT, housing accommodations, workplace accommodations, and accommodations in schools. The PAAT program was created in 1994. Below, we highlight a few of our PAAT cases and outcomes. 1 Our client had a documented medical need for a cubby bed. The Cubby Bed® (Sensory Medical Inc) is an enclosed, low height safety bed that features a sensory canopy, padded walls, and sensory equipment such as a camera, microphone and sensory light. Cubby Bed is a class 1 medical device: patient bed with canopy. The West Virginia Bureau for Medical Services (BMS) would not approve the cubby bed and DRWV was advised by the vendor that BMS' below market pay rate was unacceptable. The Medicaid Act requires coverage of all medically necessary services that are included within the categories of mandatory and optional services listed in section 1905(a), regardless of whether such services are covered under the State Plan. If there are insufficient vendors to provide the service or product or the Medicaid payment is too low to attract sufficient vendors Centers for Medicare and Medicaid Services (CMS) states that "the state would need to develop a payment methodology for the service, supply or equipment, including the possibility that payment may need to be made using a single-service agreement with an in-state provider or an out-of-state provider who will accept Medicaid payment." DRWV was successful in representing the client to ensure BMS fulfilled its obligations under the Early and Periodic Screening, Diagnostic, and Treatment (EPSDT) program and the vendor promptly provided the medically necessary cubby bed to our client. 2 The client was in need of a vehicle lift for her motorized wheelchair. DRWV provided advocacy on client's behalf with the WV Division of Rehabilitation Services (DRS) for her to be provided with a vehicle wheelchair lift to allow her improved access to her place of employment and retain her job. DRWV provided advocacy on client's behalf with the WV Division of Rehabilitation Services (DRS) for her to be provided with a vehicle wheelchair lift to allow her improved access to her place of employment and retain her job. 3 The client requested assistance with getting his scooter replaced with one that better meets his needs. DRWV appealed the Workers' Compensation Claim Administrator's decision denying authorization for a heavy duty, zero turn wheelchair then represented the client before the WV Workers' Compensation Board of Review. The Claim Administrator's decision was overturned and the client now has the heavy duty, zero turn wheelchair. 4 The mother requested assistance with getting the school to implement the AT device and speech therapy per the client's IEP and provide the client with access necessary AT. DRWV filed a due process complaint and negotiated a settlement agreement. A favorable settlement agreement was completed with provisions for updated training and usage of clients AT Communication Device. 5 The client needed assistance with getting her dentures. DRWV advocated for client to be taken to obtain her dentures after she had experienced numerous delays in being transported for dental services. Client was transported to her dental appointments and received her dentures. 6 The grandmother requested assistance with getting the school to allow the client access to AT devices at home. DRWV reviewed information on the hearing technology listed in his IEP then attended an IEP meeting. DRWV reviewed information on the hearing technology listed in his IEP then attended an IEP meeting. During the meeting, we learned that the school was not having the client wear the AT due to it making a loud buzzing noises. DRWV requested that the AT be sent home in order to do homework. Due to advocacy provided by DRWV, arrangements were made for the AT to be repaired. DRWV successfully advocated for the equipment to be sent home. The grandmother will be trained in how to use the hearing device. 7 The client requested assistance with getting his hearing aids repaired while in federal prison. DRWV communicated with the client and the Health Services Administrator at the federal prison regarding the hearing aids. The client received his hearing aids. He said he had tears in his eyes because he could hear birds singing, which he had not heard in 18 months. He expressed gratitude for DRWV assistance.

EDUCATION - LEARNING DISABILITIES Learning Ally A national nonprofit, volunteer organization with an accessible audiobook library for students with disabilities such as visual impairment or dyslexia. Learning Disabilities Association of America Since 1963, LDA has provided support to people with learning disabilities, their parents, teachers and other professionals. Learning Disabilities Online "The world's leading website on learning disabilities and ADHD." Learning Disabilities Page – GreatSchools.net The GreatSchools.net page for learning disabilities and difficulties. Marshall University's HELP Program The Marshall University H.E.L.P. Program is dedicated to providing educational support, remediation, and mentoring to individuals diagnosed with a Learning Disability and/or ADHD.

2026 Priorities and Objectives Priorities and Objectives are based on fiscal year 2025 funding levels and if there are changes it could change the scope of work for the fiscal year. 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) Priority 2 People with Disabilities 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) 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) 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 ten (10) monitorings of the four (4) nursing homes operated by the state of West Virginia and address systems issues as identified. (PADD, PAIMI, PAIR) 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) 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) 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 five (5) 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 discipline and special transportation details. (PADD, PAIMI, PAIR) 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 five (5) people with disabilities related to violations of the Americans with Disabilities Act (ADA) or Architectural Barriers Act (ABA). (PADD, PAIMI, PAIR, PATBI) DRWV will complete up to five (5) accessibility studies when access issues are discovered by DRWV or brought to our attention. (PAIR) DRWV will advocate for up to five (5) individuals with disability related Fair Housing Act violations. (PADD, PAIMI, PAIR, PATBI) 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) 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 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) DRWV will actively participate in efforts to support sexual violence prevention for people with disabilities in WV. (PADD, PAIMI, PAIR, PATBI) 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 in 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 15, 2025 To download a pdf, click the link below: Download

AUTISM American Academy of Child and Adolescent Psychiatry’s Autism Resource Center This Resource Center was made possible by a grant from the American Academy of Child and Adolescent Psychiatry's Campaign for America's Kids (CFAK). Autism Grants for Families A list of grants available to individuals and families affected by Autism Spectrum Disorders. Autism National Committee An autism advocacy organization dedicated to "Social Justice for All Citizens with Autism". Autism Network International "An autistic-run self-help and advocacy organization for autistic people." Autism Research Institute A non-profit organization that provides research-based information to parents and professionals around the world. Autism Society of America Autism resources. Autism Training Center The Autism Training Center at Marshall University provides training, information, and support to West Virginians with autism, their families, educators, and other persons. First 100 Days Toolkit A tool kit to assist families in getting thecritical information they need in the first 100days after an autism diagnosis. How Autism Spectrum Disorder (ASD) Affects Sleep This guide provides information and reso urces about the impacts of autism spectrum disorder on sleeping behaviors and effective methods for improving sleep. Mayo Clinic's Autism Page The Mayo clinic's website with autism resources and information. MyAutismTeam.com The social network for parents of kids with autism. MyAutismTeam gives you the easiest way to find the best providers who can help your child thrive. Operation Autism: A Resource Guide for Military Families Operation Autism is a web-based resource specifically designed and created to support military families that have children with autism. It is the shared product of the vision and energy of the Organization for Autism Research (OAR) and the funding support of the American Legion Child Welfare Foundation. Parent-implemented Training for Autism Through Telemedicine The purpose is to provide access to Applied Behavior Analysis (ABA) therapy to families of children with Autism Spectrum Disorders in rural Appalachia. WVU Center for Excellence in Disabilities Autism Resources in West Virginia. This directory contains information on autism services and resources available to West Virginia residents. The list can be filtered by checking different boxes below. Resources are organized into three main categories: Therapy, Evaluations and Other. You can make the search more specific by selecting service types and counties.

DRWV ANNUAL REPORTS 2023 DRWV Annual Report 2024 DRWV Annual Report 2025 DRWV Annual Report

DISABILITY RIGHTS HISTORY IN WEST VIRGINIA 1973 Passage of the Rehabilitation Act of 1973 marks the first big achievement of the disability rights movement. The Act, particularly Title V and Section 504, for the first time confronts discrimination against people with disabilities. Section 504 prohibits programs receiving federal funds from discriminating against “otherwise qualified handicapped” individuals. Litigation arising out of Section 504 will generate such central disability rights concepts as “reasonable modification, reasonable accommodation, and undue burden”, forming the framework for subsequent federal law, including the Americans with Disabilities Act of 1990. 1975 U.S. Congress passes the Developmental Disabilities Assistance Bill of Rights (DD) Act. The DD Act provided federal funds to programs serving people with developmental disabilities and outlining a series of rights for those who are institutionalized. The Education for All Handicapped Children Act (Public Law 94-142) is passed. This act established the right of children with disabilities to a public school education in an integrated environment. The act is a cornerstone of federal disability rights legislation. In the next two decades, millions of disabled children will be educated under its provisions, radically changing the lives of people in the disability community. A U.S. Supreme Court decision (O’Connor v. Donaldson) ruled that people cannot be institutionalized against their will in a psychiatric hospital unless they are determined to be a threat to themselves or to others. 1976 Passage of an amendment to Higher Education Act of 1972 provides services to physically disabled students entering college. 1977 The Protection and Advocacy for Persons with Developmental Disabilities (PADD) program was established in West Virginia. West Virginia Advocates, Inc. (WVA), a private non-profit agency incorporated in 1977 as West Virginia Advocates for the Developmentally Disabled (WVADD), was designated by then Governor Jay Rockefeller as West Virginia’s arm of the federally mandated protection and advocacy system. The PADD program insured that individuals (adults and children) with developmental disabilities are afforded appropriate services in accordance with their individual needs. 1978 The Medley Class Action Suit was filed. Title VII of the Rehabilitation Act Amendments of 1978 established the first federal funding for independent living and created the National Council of the Handicapped under the U.S. Department of Education. 1979 The U.S. Supreme Court ruled that, under Section 504 of the Rehabilitation Act of 1973, programs receiving federal funds must make “reasonable modifications” to enable the participation of otherwise qualified disabled individuals. This decision is the Court’s first ruling on Section 504, and established reasonable modification as an important principle in disability rights law. 1980 Congress passed the Civil Rights of Institutionalized Persons Act, authorizing the U.S. Justice Department to file civil suits on behalf of residents of institutions whose rights are being violated. 1981 The Medley Consent Decree was signed, and began changing the conditions in all of West Virginia’s institutions, closing several. The Medley Decree mandated that assessments be made and that individualized services be delivered in the “least restrictive environment”. The Order meant that the WV Departments of Health and Human Resources, the WV Department of Education and the WV Division of Rehabilitation Services had to develop and coordinate specific community-based services for individuals with developmental disabilities who were school-aged and lived in institutions for more than 30 days. The Hartley Class Action Suit was filed. 1983 The Hartley plan was implemented. The Hartley program helped persons with developmental disabilities get services from behavioral health centers so they can live in their communities. The Hartley Plan ordered even more sweeping reforms of the behavioral health system. 1984 Governor Jay Rockefeller designated WVA to administer the Client Assistance Program (CAP). The CAP Program was formed to help individuals who have applied for or are getting services from the West Virginia Division of Rehabilitation Services (WVDRS), a Center for Independent Living, supported employment programs, and other programs funded under the federal Rehabilitation Act. Colin Anderson Center’s Ward Building closed. Colin Anderson Center’s Big Boys Ward. This photo illustrates many beds in close proximity. 1985 More Medley class members now in the community than in facilities. 1986 The Protection and Advocacy for Mentally Ill Individuals Act is passed, setting up protection and advocacy agencies for people who are in-patients or residents of mental health facilities. WVADD was designated as the Protection and Advocacy for Individuals with Mental Illness (PAIMI). PAIMI was formed to help individuals with mental illness and to carry out abuse and neglect investigations on their behalf. WVADD contracted with the Mental Health Association to provide PAIMI program services. The Rehabilitation Act Amendments of 1986 define supported employment as a “legitimate rehabilitation outcome.” 1988 WVADD’s general membership approved a name change to West Virginia Advocates (WVA). The Technology-Related Assistance Act for Individuals with Disabilities (the “Tech Act”) is passed, authorizing federal funding to state projects designed to facilitate access to assistive technology. The Fair Housing Amendments Act adds people with disabilities to those groups protected by federal fair housing legislation, and it establishes minimum standards of adaptability for newly constructed multiple-dwelling housing. FHAA prohibits discrimination towards people with disabilities in the sale or rental of housing and in the terms, conditions, services or facilities provided. The Civil Rights Restoration Act of 1988, broadened the application of civil rights laws, including Section 504 and the Civil Rights Act of 1964, to recipients of federal funds. 1989 Court Ordered moratorium on building of 8-bed ICF/MR group homes for developmentally disabled adults in favor of small (1-3 bed) individualized residences. Supported by Governor Caperton and signed into legislation 1990. Last locked residential door unlocked at Colin Anderson Center. Spencer State Hospital closed. Spencer State Hospital 1990 Congress passes the ADA. The Americans with Disabilities Act is signed by President George Bush on July 26th in a ceremony on the White House lawn witnessed by thousands of disability rights activists. The law is the most sweeping disability rights legislation in history, for the first time bringing full legal citizenship to Americans with disabilities. The Education for All Handicapped Children Act is amended and renamed the Individuals with Disabilities; Education Act (IDEA). 1991 Implementation of WVDHHR policy requiring safeguards for persons with developmental disabilities during change of community residence. 1992 Last child left West Virginia state institutions. 1994 West Virginia Advocates was designated the Protection and Advocacy for Individual Rights (PAIR). The PAIR program was formed to assist individuals with disabilities who were not already eligible for other advocacy programs within WVA. WVA was also designated the Protection and Advocacy for Assistive Technology (PAAT) program. This program was formed to help individuals with disabilities obtain assistive technology devices and services. Greenbrier Center in Lewisburg closed. Greenbrier Center in Lewisburg Old Weston State Hospital closed and new William R. Sharpe Hospital opened. Old Weston State Hospital William R. Sharpe Hospital Old Huntington State Hospital renamed Mildred Mitchell-Bateman Hospital. Old Huntington State Hospital Old Huntington State Hospital Interior Mildred Mitchell-Bateman Hospital 1995 Court ordered comprehensive plan for adequate residential settings and requirements for long term care with respect to persons with disabilities living in personal care homes, residential board and care homes and adult family care homes. WV Legislature passed a bill ordering the closure of Colin Anderson Center. 1998 Colin Anderson Center was closed. Cribs at Colin Anderson Center Court order requiring Mount Olive Correctional Complex, Division of Corrections to normalize the treatment of inmates who have mental illness and to afford them rights created by State and Federal Law. 1999 In Olmstead v. L.C, and E.W., the Supreme Court decided that individuals with disabilities must be offered services in the most integrated setting. The Work Incentives Improvement Act (Ticket to Work) becomes law, allowing those who require health care benefits to work. In Benjamin H. vs. Ohl, the court found that Medicaid beneficiaries were waiting too long for home and community based services, and ordered WVDHHR to provide timely services to individuals with DD who were waiting for services. 2001 WVA was designated as the Protection and Advocacy to Beneficiaries of Social Security (PABSS). This program provides assistance and advocacy to individuals with disabilities that receive Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) benefits and need assistance with breaking down barriers to employment. Court order providing sanctions to behavioral health providers when client complaints involving violation of the Interdisciplinary team process are not resolved in a timely and effective manner. 2002 The Help America Vote Act was signed into law. The purpose of the act is to improve the administration of elections in the United States. WVA was designated as the Protection and Advocacy for persons with Traumatic Brain Injury (PATBI) This program was formed to work with individuals with TBI their families and other stakeholders to develop self advocacy skills and to ensure that needed services are available throughout the state. Behavioral Health Ombudsman position established via order under Hartley. 2003 Under the provisions of HAVA, WVA was designated to provide Protection and Advocacy for Voter Access (PAVA) to ensure the full participation in the electoral process for individuals with disabilities. As a result of a 2001 court order, WVA is awarded a state contract to provide advocacy services to the resident children of the Potomac Center in Romney, WV. 2004 The Individuals with Disabilities; Education Act (IDEA) is reauthorized by Congress. 2007 WVA releases position paper supporting the closure of the West Virginia Rehabilitation Center and recommending appropriate services be provided in the community. West Virginia Rehabilitation Center in Institute closes. 2008 ADA Act Amendments Become Law. On September 25, 2008, President Bush signed into law (Public Law 110-325) the ADA Amendments Act (S. 3406). This law specifically overturns Supreme Court decisions that have caused too many people with disabilities whom Congress intended the Americans with Disabilities Act (ADA) to cover to lose important protections. Mental Health Parity Law. October 1, 2008. Breakthrough legislation for the estimated 113 million Americans suffering from mental illness – a provision making it illegal for health insurance companies to discriminate against patients suffering from psychological or behavioral disorders. The law requires health insurance companies to charge the same deductibles, co-payments, and out-of-pocket expenses for mental health treatments as for all other illnesses.

Protection and Advocacy of Individual Rights (PAIR) Established by Congress under the Rehabilitation Act of 1993. In 1994 WVA was designated the Protection and Advocacy for Individual Rights (PAIR). The PAIR program was formed to assist individuals with disabilities who were not already eligible for other advocacy programs within WVA. Eligibility Criteria A PAIR client must have a substantial limitation in one major life activity and not be eligible under our PADD or PAIMI programs, and the issue cannot be addressed by the CAP program. Funding Source U.S. Department of Education, Rehabilitation Services Administration PAIR Publications

2022 NEWS LETTER January Disability Rights of West Virginia Successful Client Resolutions 2021 As Disability Rights of West Virginia (DRWV) closes out fiscal/program year 2021, I thought it would be nice to provide data and successful outcome stories for the people with disabilities we served this year. While the pandemic continued to rage on, the DRWV staff didn’t miss a beat. We have been working every day to help ensure the human and civil rights of our most vulnerable citizens are protected. In FY 2021, 973 Federally funded Service Requests were created for 694 clients. In addition to individual advocacy, DRWV conducted a total of 268 monitoring visits, using a combination of in-person and virtual visits for 126 different sites. These sites included, state and private operated psychiatric facilities, prisons, jails, state and private operated nursing homes, intermediate care facilities (ICF), Specialized Family Care homes, assisted living facilities and children’s residential facilities. DRWV also conducted polling place accessibility studies for 316 sites in 12 counties. In addition to our federally funded programs, DRWV serves over 300 individuals with developmental disabilities through the Medley/Hartley Advocacy Program, which is a state funded grant. Following is a collection of successful outcomes that we were able to deliver for our clients in FY 21. DRWV received a report that a client with a serious mental illness harmed herself while in a seclusion room at a state psychiatric hospital. DRWV conducted an investigation. As a result of the incident and DRWV's involvement, the facility modified policies related to seclusion/restraint which should provide for a safer environment. Also, as result of the investigation, DRWV was able to clarify our access to "Peer Review" documents from state operated psychiatric hospitals. DRWV opened an investigation to address the death of a client who had been served under the Medley/Hartley Advocacy Program, our state grant. DRWV completed interviews and a document review for the investigation. Our investigation determined policy violations with the Specialized Family Care (SFC) program. A complaint was filed with the WV Nursing Board and Medicaid Fraud Unit. Findings letters were also sent. Findings were also reviewed with SFC program supervisors. A client’s legal guardian sought assistance with potential financial exploitation by the previous representative payee. The guardian alleged that several of the client’s personal belongings were missing after the client was moved. DRWV requested and reviewed records, interviewed the client, guardian, and staff, then communicated with the service provider to address issues identified related to the client's belongings. DRWV arranged for a mediation with the guardian and service provider, drafted a settlement agreement, and followed up to ensure that the settlement agreement was executed by all parties. As a result, DRWV confirmed that the client was reimbursed for lost personal items. Abuse/Neglect/Financial Exploitation Accessibility DRWV conducted accessibility studies when requested throughout the fiscal year and sent findings to the sites. The sites included: a Unites States Post Office; a children’s museum; medical providers; potential office sites for our satellite office; and outdoor recreation areas including a state forest. These letters included the ADA or ABA violations, suggestions for remedying them, and resources that may be of assistance. We were also contacted by the West Virginia Coalition to End Homelessness about the need to conduct studies at several homeless shelters in WV in the coming year. A client with a mobility impairment requested assistance regarding accessible parking at a public recreational area. DRWV completed a site visit then communicated with the owner of the marina regarding the need to properly designate and stripe the accessible parking. Due to intervention by DRWV, the marina owner agreed to pave the parking area in the Spring, before they re-open for the season. They assured DRWV that the accessible parking spots will be appropriately marked and striped and will be in compliance with ADA guidelines. Access to Services A client requested assistance with her Medicaid Title XIX Aged & Disabled Waiver (ADW) Provider's refusal to add staffing hours after the client was approved for more hours. DRWV contacted KEPRO and learned that the client was approved to receive approximately 124 hours of personal attendant services per month. DRWV communicated with the ADW provider and found that they were only providing her with 10 hours a week (40-50 hours per month) of personal attendant services based on their independent assessment of the client's needs. The client also informed DRWV that her assigned personal care attendant abused/neglected/financially exploited her in the following manner: asked the client to say she worked when she did not, or she refused to work when at the client's home; add her to the client's cell phone plan; give her some of the client's prescription medication; and used the client's food stamps. DRWV filed a complaint against the ADW provider due to their refusal to provide the client with staffing at the level she was assessed and to address the alleged abuse/neglect/exploitation. This complaint was sent to the ADW provider as well as Adult Protective Services (APS), Medicaid Fraud Control Unit, Bureau for Medical Services and Bureau of Senior Services. DRWV educated the client on other ADW Provider Agencies as well as Personal Options, the self-directed option for the ADW program. Due to advocacy provided by DRWV, the client's allegations are being investigated by APS. The personal attendant is no longer on the client's cell phone plan and the client was reimbursed for the costs incurred. The client chose to self-direct her ADW services, hiring her own staff, and has chosen a different provider agency. A client who was in state prison needed nursing home level of care upon discharge but was experiencing barriers. The state-operated nursing home that accepted him later denied him just prior to his discharge date. DRWV communicated with the nursing home and WVDHHR, advocating for the client's need for services. As a direct result of our involvement, the client was approved then transferred to the state-operated nursing home upon discharge from prison. A client whose primary language was Spanish had been denied interpreter services by his primary care physician (PCP). DRWV communicated with the hospital where the physician's office was located regarding interpreter access. DRWV provided the PCP's office with information on how to access the hospital's existing translation service. Due to advocacy provided by DRWV, translation services were arranged for the client's appointment. DRWV also educated the client and the staff at the facility where he resided of the proper way to request translation services for upcoming appointments. A client's legal guardian requested DRWV's representation for a Medicaid fair hearing related to an insufficient I/DD Waiver budget amount for the client. The client was in need of more nursing services than were approved. DRWV communicated with the case manager and reviewed records. DRWV attended the pre-hearing conference call to advocate for the client's needs. As a result of the pre-hearing, it was agreed that the client will get the services she needs in order to remain in her home. In late FY 2020 the legal guardian of a client with a TBI who was on the I/DD Waiver, along with the client’s Service Coordinator, requested DRWV's assistance. The client’s residential service provider did not have appropriate positive behavior supports nor sufficiently trained staff which resulted in staff filing multiple criminal charges against the client. DRWV attended multiple meetings and provided feedback on the draft positive behavior support plan. Due to the advocacy provided by DRWV, the team developed a new positive behavior support plan in FY 2021 which included information on traumatic brain injuries. The service provided retrained all of the client's staff. Education The father of a student with a disability requested assistance regarding the scheduled placement for the 2021-22 academic year. DRWV communicated with the school and the Local Education Agency (LEA) and reviewed Individualized Education Programs (IEPs). The LEA confirmed that services will remain in place, but in a more integrated classroom. The student will continue to receive necessary specialized educational services in the home county. Employment A client requested assistance regarding his employer's inability or reluctance to use the assistive technology (AT) device that DRWV negotiated for him to use at work through a previous service request. DRWV worked with the client and the employer to compromise with communication since the AT device was not working inside the building. The employer provided the client and the shift manager with cell phones to use for effective communication while the client is at work. As a result of DRWV’s collaboration with the WV Developmental Disabilities Council (DDC), House Bill 2290 was passed, and the WV Employment First Taskforce was created in July 2021. DRWV is a required member of this Taskforce, and our Executive Director participates in meetings as well as the Strengths and Weaknesses sub-committee. The Taskforce is charged with developing and implementing a statewide Employment First Plan. Housing A client requested DRWV's assistance with issues she was having with her landlord. She was at risk of being evicted. DRWV communicated with the Comprehensive Behavioral Health Center who served the client as well as the landlord regarding the client's concerns. DRWV found that the client hears voices which distract her causing her to leave faucets run, which previously flooded her apartment, and a neighboring apartment. DRWV assisted the client and her case manager with completing a housing modification request form. Due to advocacy provided by DRWV, the client's leaky faucets were repaired then automatic shut-off faucets were installed. The mother of a child with a disability requested assistance to fight an eviction that she was facing because of alleged noises that her son was accused of making. DRWV negotiated a settlement of this eviction case, communicated with the attorney for the housing provider to inform him that if the client and her family were evicted, she would have a claim for disability discrimination under the Fair Housing Act. In exchange for the client's agreement to waive her claim under the Fair Housing Act, the housing provider purchased her interest in the apartment for $10,000. The client and her remained in the apartment for several more months without paying rent or maintenance fees. Litigation The Hartley lawsuit is systemic litigation grounded in W.Va. Code 27-5-9, which provides rights to persons involuntarily committed to mental health facilities. DRWV’s position as a party in the Hartley case provides leverage to DRWV’s systemic advocacy efforts. The lawsuit was closed in February 2021. The dismissal order obligates the WV Department of Health and Human Resources (WVDHHR) to continue to fund community-based mental health services, as well as independent patient advocates in WV’s two state psychiatric hospitals. The WVDHHR is also obligated to implement the Therapeutic Activities Group (TAG) Program as the 2 state psychiatric hospitals. In addition, the WVDHHR will create a new Office of the Mental Health Ombudsman to transition from judicial oversight to a departmental administrative process. DRWV along with A Better Childhood (a national nonprofit) and a local WV law firm filed a federal class action lawsuit against the WV Department of Health and Human Resources (WVDHHR) and several state officials at the end of FY 2019. The suit alleges that the WV Foster Care system is failing to protect children and failing to provide needed services. During FY 2021, the federal district court granted the defendants’ Motion to Dismiss. In reply, plaintiffs filed a notice of appeal with the Fourth Circuit challenging that decision. During FY 2022, the appeal will be fully litigated complete with a detailed brief by plaintiffs supported by amici including ChildUSA and the disAbility Law Center of Virginia, Virginia’s P&A. Plaintiffs are asserting the decision was based on outdated legal precedent. DRWV has continued our partnership with the Arc, the Arc of Three Rivers, the Judge David L Bazelon Center for Mental Health Law, Mountain State Justice, and Latham and Watkins, LLP to examine the placement of students with disability-related behaviors. The federal district court certified the class in this matter and the defendants have filed for a permissive appeal with the Fourth Circuit challenging that decision. While the appeal is pending, the parties are engaging in mediation to see if they can resolve the matter without further litigation. Should mediation be unsuccessful, a trial will ensue. With the COVID-19 pandemic still having adverse effects on long-term care residents, Advocates were able to monitor changing policies regarding residents’ rights such as visitation, dining, activities, and medical treatment to ensure residents weren’t having their rights violated. One specific issue that Advocates assisted with directly related to changing policies was communication with visitors. DRWV advocated for appropriate screen time with visitors who couldn’t come to the facilities in person. In addition, DRWV requested and received a proclamation from the governor declaring October 2020 Residents Rights Month. A client requested assistance with transition services from an ICF/IID that serves youth to a Specialized Family Care placement. He also wanted to ensure that the ICF/IID did not unnecessarily file a guardianship petition. DRWV filed a complaint with the Foster Care Ombudsman in order to get the WVDHHR to release the client's original birth certificate and Social Security card so that an identification card could be obtained. DRWV found that the ICF/IID had a medical provider blanketly recommend guardianship for each of their clients when they turn 18. DRWV attended the discharge meeting and educated facility staff on supported decision making. DRWV brought this to the attention of Working Interdisciplinary Networks of Guardianship Stakeholders (WINGS). Due to advocacy provided by DRWV, the client was re-evaluated to see if he required a guardian. It was found that he did not require a guardian. The client was discharged from the ICF/IID to live in a Specialized Family Care home where he receives I/DD Waiver services Rights Restrictions/Violations Voting As a result of the collaboration between DRWV and the WV Secretary of State's Office on the option for and promotion of electronic absentee ballots in 2020, 271 people with disabilities voted in this manner in the November 2021 election, up from just 20 people when it was first offered. DRWV conducted polling site accessibility studies at 316 sites in 12 counties in WV in FY 2021 to ensure access for people with disabilities. Reports were sent to the County Clerk of each county detailing the findings and providing information about the applicable accessibility standards. I hope this newsletter conveys the commitment that DRWV has to citizens with disabilities in West Virginia. If you know of anyone in need of our services, please have them call 800-950-5250. Susan Given Executive Director