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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

INDEPENDENT LIVING Appalachian Center for Independent Living, Inc. Their mission is "to promote the interdependence, productivity, and quality of life of individuals with disabilities through empowerment, integration, and inclusion". Change, Inc. CHANGE, Inc. serves Hancock, Brooke, Marshall and Ohio Counties. Their programs include: Housing, Transportation, Weatherization and Community Services, and Family Medical Care Community Health Center, Family Health Practice, Oral Health, Mental Health and Family Care Pharmacy, as well as Right from the Start. Coalfield Community Action Partnership Coalfield Community Action Partnership, Inc. is a private non-profit 501(c)3 corporation that serves residents of Southern West Virginia and Eastern Kentucky. Coalfield CAP offers a variety of services and programs including Head Start, Community Services Block Grant, Weatherization, Personal Care, Seniors, and more. Community Action of South Eastern West Virginia (CASEWV) CASEWV is one of 16 community action agencies in the state, and one of more than 100 nationwide. Regardless of age, gender, race, or financial status we provide programs, services and information that improve people's lives and embodies the spirit of hope. Their mission is "to make our communities and America, a better place to live" and they are "dedicated to helping people, help themselves". Community Living Services Program A list of all counties in West Virginia with the name of the Center for Independent Living that provides Community Living Services Program services for the county. Independent Living Institute A policy development center specializing in consumer-driven policies for disabled peoples'self-determination, self-respect and dignity. Independent Living Research Utilization ILRU, founded in 1975, has a long history of providing research, education and consultation in the areas of independent living, the Americans with Disabilities Act, home and community based services and health issues for people with disabilities. LiveAbility LiveAbility is an all-inclusive advocacy & resource center for people with disabilities and the communities in which they live . Mountain State Centers for Independent Living With a Center in Huntington and Beckley, MTSTCIL is a community-based organization providing advocacy, networking, and resources to people with disabilities and their families. The centers are a place where people with disabilities are free to meet, share, learn and plan lives of greater independence and self reliance. National Council on Independent Living NCIL advances independent living and the rights of people with disabilities through consumer-driven advocacy. Pride Community Services PRIDE offers a multitude of programs geared at assisting low income individuals and families to move out of poverty and toward self sufficiency. Currently the agency operates Senior nutrition sites in Logan, Chapmanville and Millcreek; Head Start Centers in Logan, Chapmanville, Dehue, Lorado and Buffalo; and in conjunction with the Logan County Board of Education we operate specialized collaborative classrooms in several schools; Weatherization Program; CSBG Program; Child and Adult Food Care Program; Case Management and In-Home Care Programs. Ron Yost Personal Assistance Services Program The RYPAS program provides resources for individuals with severe disabilities to hire a personal assistant to help them perform essential daily living tasks. Southwestern Community Action Council, Inc. A private non-profit 501c3 agency whose mission is to facilitate the social and economic well-being of low-income families in Cabell, Lincoln, Mason, and Wayne counties in West Virginia. The West Virginia Aging & Disability Resource Network (ADRN) The ADRN is a state-funded resource and is a division of the West Virginia Bureau of Senior Services. There is a wide-ranging list of resources available to you on our web site. This list is offered for informational purposes and to assist you. The West Virginia Bureau of Senior Services does not endorse or recommend any agency or business listed. West Virginia Community Action Partnership The West Virginia Community Action Partnerships, Inc. (WVCAP) is a statewide membership organization for the 16 Community Action Agencies in West Virginia. West Virginia Division of Rehabilitation Services Rehabilitation Technology Services Rehabilitation technology specialists provide services that help DRS clients work more efficiently. DRS has a group of experienced engineers, computer specialists and technicians who specialize in job accommodations, custom-designed assistive technology and product fabrication. West Virginia State Rehabilitation Council The SRC gives advice to and works in partnership with the West Virginia Division of Rehabilitation Services (WVDRS). West Virginia Statewide Independent Living Council The SILC conducts a variety of activities and provides support and assistance to centers for independent living in developing the advocacy skills and interests of West Virginians with disabilities.

2024 Priorities and Objectives Priority 1: Childre n and Y outh with Disabilities Receive an Appropriate Education DRWV will provide direct advocacy services on behalf of up to twelve (12) students with disabilities who are receiving no educational services, or at risk of receiving no educational services. (see footnote 1) (PADD, PAIMI (see footnote 3), PAIR, PATBI). DRWV will use social media to post information about special education at least one (1) time per quarter, including stories of successful outcomes for students with disabilities. (PADD, PAIMI, 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. (PADD, PAIMI, PAIR, PATBI, PAAT). DRWV will systemically monitor and advocate on behalf of students with disabilities related to individual counties and/or statewide policy changes. (PADD, PAIMI, PAIR, PATBI, PAAT). DRWV will systemically advocate/litigate for children with disabilities who have been subjected to unnecessary exclusionary discipline. (PADD, PAIMI, PAIR, PATBI). Priority 2: People with Disabil ities Make Decisions About Where They Live, and the Supports and Services They Receive DRWV will systemically monitor and advocate for individuals found eligible for services under the Medicaid Title XIX Home and Community Based Waiver programs in West Virginia to ensure client centered services, choice of providers and quality services in their home community. (PADD, PAIMI, PAIR, PATBI). 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 systemically monitor and advocate for children to receive mental health services in the community. (PAIMI). 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). 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) (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 all, PATBI) DRWV will conduct monitoring of at least twenty (20) 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. (PAIMI, PAIR, PATBI) DRWV will conduct a minimum of fifteen (15) monitorings of residential placements who serve children with disabilities and address systems issues as identified. (PADD, PAIMI, PAIR, PATBI) DRWV will conduct a minimum of sixty (60) monitorings of the two (2) state psychiatric hospitals in West Virginia and address systems issues as identified. (PAIMI) DRWV will conduct a minimum of twenty-four (24) monitorings of psychiatric facilities not operated by the state of West Virginia and address systems issues as identified. (PAIMI) DRWV will conduct a minimum of twelve (12) monitorings of the four (4) nursing homes operated by the state of West Virginia and address systems issues as identified. (PADD, PAIMI, PAIR, PATBI) DRWV will conduct a minimum of twenty (20) monitorings of nursing homes not operated by the state of West Virginia and address systems issues as identified. (PADD, PAIMI, PAIR, PATBI) DRWV will conduct monitoring of at least ten (10) Specialized Family Care (SFC) homes in West Virginia and address systems issues as identified. (PADD) DRWV will conduct a minimum of twenty-five (25) monitorings of Assisted Living Facilities in West Virginia and address systems issues as identified. (PADD, PAIMI, PAIR, PATBI) DRWV will conduct a minimum of five (5) monitorings of forensic group homes in West Virginia and address systems issues as identified. (PADD, PAIMI, PATBI) DRWV will provide representation for up to three (3) individuals with disabilities to prevent, modify, or terminate inappropriate guardianships. (PADD, PAIMI, PATBI) DRWV will conduct a minimum of ten (10) monitorings of Intellectual/Developmental Disabilities (I/DD) Waiver group homes in West Virginia and address systems issues as identified. (PADD) DRWV will assist individuals with disabilities who are incarcerated in WV Division of Corrections and Rehabilitation facilities with accessing reentry services available to them. (PAIMI, PAIR, PATBI) DRWV will conduct a minimum of four (4) monitorings of Intellectual/Developmental Disabilities (I/DD) crisis sites in West Virginia and address systems issues as identified. (PADD) DRWV will conduct a minimum of ten (10) monitorings of public schools in West Virginia with a focus on the use of cameras in classrooms. (PADD, PAIMI, PAIR, PATBI) DRWV will conduct a minimum of ten (10) monitorings of legally unlicensed homes in West Virginia and address systems issues as identified. (PADD, PAIMI, PAIR, PATBI) Priority 4: People with Disabilities Have Access Provided by the Americans with Disabilities Act (ADA), the Architectural Barriers Act (ABA), and the Fair Housing Act DRWV will advocate for up to twelve (12) people with disabilities who meet DRWV’s case selection criteria (see footnote 1). (PADD, PAIMI, PAIR, PATBI) DRWV will complete accessibility studies when access issues are discovered by DRWV or brought to our attention. (PAIR) Priority 5: People with Disabilities Have Access to Assistive Technology DRWV will provide advocacy for up to ten (10) people with disabilities to gain or maintain access to assistive technology and related supports (see footnote 1). (PAAT) DRWV will actively participate as a member of the West Virginia Assistive Technology System (WVATS) Advisory Council (PAAT) DRWV will use social media to post information about assistive technology at least one (1) time per quarter. (PAAT) Priority 6: People with Disabilities Have Access to Centers for Independent Living, Competitive/Integrated Employment, and Employment-Related Services DRWV will provide direct advocacy services for up to twenty-five (25) individuals requesting assistance who are applying for, eligible for, or receiving services from the West Virginia Division of Rehabilitation Services (WVDRS), supported employment programs and other programs funded under the Workforce Innovation and Opportunity Act (WIOA) (see footnote 1). (CAP) DRWV will provide direct advocacy services for up to twenty-five (25) individuals requesting assistance who are Supplemental Security Insurance/Social Security Disability Insurance (SSI/SSDI) beneficiaries and want to work but are encountering barriers per the priorities established by the Social Security Administration (SSA) (see footnote 1). (PABSS) DRWV will provide direct advocacy services for up to five (5) individuals requesting assistance who are applying for, eligible for, or receiving services from a Center for Independent Living (CIL) (see footnote 1). (CAP) DRWV will actively support the Statewide Rehabilitation Council’s (SRC) mandate to monitor and advise on the activities of WVDRS. (CAP) DRWV will conduct outreach about CAP and PABSS to individuals with disabilities, families, service providers, WVDRS, and various state and local organizations. (CAP, PABSS) Priority 7: People with Disabilities Have Full Access to the Electoral Process DRWV will act to increase equal access for individuals with disabilities requesting assistance to participate in the voting process, including polling places, voting equipment, and voter registration. (PAVA) DRWV will educate at least fifty (50) people with disabilities, family members, and service providers about the voting process and their right to vote. (PAVA) DRWV will work in conjunction with the Secretary of State’s office to educate County Clerks and election divisions about the voting rights of people with disabilities. (PAVA) Priority 8: DRWV Will Conduct Outreach and Education, and Support the Work of Others to Promote Self-Advocacy DRWV will actively support the missions of groups with grassroots advocacy missions, not including lobbying. (PADD, PAIMI, PAIR, PATBI) DRWV will develop and conduct disability rights outreach to educate unserved and underserved populations of people with disabilities about their rights and DRWV’s services. (PAAT, PADD, PAIMI, PAIR, PATBI, PAVA, CAP, PABSS) DRWV will actively participate as a member of the West Virginia Traumatic Brain Injury Advisory Board. (PATBI) 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 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 18, 2023 To download a pdf, click the link below: Download

2020 DRWV NEWSLETTERS March 2020: Improvements in Voting Accessibility April 2020: Cameras in the Classroom May 2020: Monitoring Nursing Homes and Assisted Living Facilities June 2020: Attention Parents! It's Time to Grade your Child July 2020: Trauma-Informed Care August 2020: Caroline's Cart - A Shopping Cart for People with Disabilities September 2020: Why the Disability Community Matters when Counting the Census October 2020: Voting: A Fundamental Right of Each and Every American Citizen November 2020: Solitary Confinement: Is it Torture or a Necessity? December 2020: Healthy Relationships: Important for Everyone

# Psychiatric Advance Directives - Information for Providers Disability Rights of West Virginia Protection and Advocacy for Individuals with Mental Illness Advisory Council This information was developed to raise awareness of Psychiatric Advance Directives. It is not intended to provide legal or medical advice. ## Providers Psychiatric Advance Directives Used to document an individual’s specific instructions or preferences regarding mental health treatment, in preparation for the possibility that the person may lose capacity to give or withhold informed consent to treatment during a crisis ## Options Three options for developing a Psychiatric Advance Directive: *Living Will *Medical Power of Attorney *Combination of Living Will and Medical Power of Attorney ## Typically under state laws... *Accept or refuse treatment *Have an advance directive and / or healthcare agent *Most states you can have a single or separate plan for physical and psychiatric care ## West Virginia Healthcare Decisions Act *Addresses End of Life Care *Includes psychiatric care under the definition for health care decisions under the definition of healthcare facilities ## Right to Create a Psychiatric Advance Directive State Rule 64-74-5 Advance Psychiatric Directive Right *A consumer has a right to an advance psychiatric directive prepared at a time when the individual has not been adjudged to be incompetent ## Consumer Rights *A consumer has the right to refuse to create an advance psychiatric directive *A consumer with an advance psychiatric directive has the right to have it entered into his or her clinical record at the behavioral health service at which he or she is receiving or may receive care or treatment ## Role as a Provider *Inform consumers of their right to create a psychiatric advance directive ## State Medicaid Agency Obligations *Must develop a written description of the state’s Advance Directive law to be distributed by Medicaid providers and health plans *Any revisions to state law must be incorporated into information no later than 60 days of effective date of law *When contracting with managed care plans, state Medicaid agencies must require the plan to comply with requirements of federal law in regard to written policies and procedures *Plan must meet the requirements of the Patient Self Determination Act ## Federal Role Department of Health and Human Services is required to: *Conduct public education campaign *Conduct Provider technical assistance to states *Oversee compliance *Mail Advance Directive information to Social Security recipients *In partial fulfillment of these requirements Federal DHHS has developed a brochure describing advance directives* ## Community Education The same written materials do not have to be provided in all settings, however all must: *Define a advance directive *Emphasize that it is designed for consumers to exercise self-direction over healthcare *Describe applicable state law in regard to advance directives *All information distributed must be current *Must include state law revisions within 90 days of effective date of the revision *Providers may contract with other entities to provide the information; however, the provider is legally responsible for ensuring education occurs ## When Information on AD Policies Must Be Provided *At time of admission *Upon enrollment in a healthcare plan *Before receiving care *When initially receiving care ## Family receipt of Advance Directive Information Providers may give information regarding an advance directive when: *The consumer is incapacitated and unable to receive information due to a mental disorder or an incapacitating condition, or if the consumer is unable to articulate whether or not they have an advance directive *The information must be given to the consumer once they are no longer incapacitated ## Providers *A consumer has the right to be informed by a behavioral health service of the availability and applicability of an advance psychiatric directive and to receive education and assistance from the behavioral health service in preparing such a document ## Role as a Provider *Entities must provide education to their staff and their community on advance directives either directly or with other providers *Education must include education regarding: *Rights under state law to participate in decisions regarding their medical care *The facilities policies regarding advance directives Tips * Don’t wait until a crisis to introduce the idea of creating an Advance Directive *Include in treatment plan *Collaborate with other providers to do community education *Distribute information to consumers at intake, and periodically thereafter ## Providers should consider... *Advance directives can describe treatment(s) a consumer wants in the event of a crisis *An Advance directive can be rejected, even verbally, at any time by the consumer ("Ulysses effect") *Involuntary treatment may be requested -- or imposed (mental hygiene process) in an emergency - even when there is an advance directive ## When providers can refuse to implement an Advance Directive *The provider does not have the resources to provide the treatment *A provider believes that the directive would endanger the consumer’s life or be dangerous to others *If a provider does not honor a psychiatric advance directive, they must tell the consumer the reason for not honoring their advance psychiatric directive Tips: *Be specific *Do it in writing ## Complaints *State Medicaid agencies are responsible for reviewing and responding to complaints regarding advance directives *Penalties can include fines and / or removal as Medicaid / Medicare approved provider ## What to do if directives are not being followed *Complaints can be filed with the agency that surveys and certifies Medicare and Medicaid providers *Providers and healthcare plans must inform consumers they have this right, and how to file a complaint ## Benefits *Promotes self-direction of care *May enable crisis intervention early *Enhances communication between healthcare providers and the consumer *Self-directed services may be provided even if involuntarily hospitalized *Can be included in Treatment Plans *Allows the consumer to describe their own crisis and behaviors to identify behaviors and preferences regarding interventions *Helps providers engage the consumer in their own treatment *Could assist in avoiding involuntary treatment ## The Role of Education *Locate or develop and distribute printed materials describing Psychiatric Advance Directives *Inform staff of the provider’s role *Ask individuals if they want to include Psychiatric Advance Directives in their treatment plan ## Resources West Virginia Advocates (800) 950-5250 WV Bureau of Senior Services (877) 987-3646 Caring Connections (800) 658-8898 Advance Self-Advocacy Plan (ASAP) National Resource Center on Psychiatric Advance Directives

2023 NEWS LETTER July Disability Rights of West Virginia Peer Support: How Can it Change your Road to Recovery? Article by: Kayla Straight, Peer Services Navigator for NAMI Greater Wheeling Peer support is a new concept being implemented in both mental health and substance use recovery in the United States. An evidence-based support, it is growing in popularity and accessibility around the state of West Virginia. The Importance of Peer Support Among the forms of Peer Recovery Support Specialists and Recovery Coaches, these individuals all have something in common - lived experience. The fundamental prerequisite to becoming a Peer Supporter is that the peer has personally experienced the struggles associated with mental health or substance use recovery in their own lives. It is these experiences that drive the individuals to want to give back to their communities and help others experiencing similar struggles that they themselves have overcome. What is the Role of a Peer Supporter? The main role of a Peer Supporter is to offer acceptance and use their knowledge from lived experience to assist other people in continuing their recovery journeys. Peer Supporters subscribe to the ideals that all roads to recovery are valid and are advocates of support in a recovering person’s corner. Peer Supporters help the individuals they serve to access the services they desire in support of their recovery. These services range from acquiring mental health counseling, accessing medication assisted treatment, navigating WVDHHR benefits, and connecting with other resources in their local communities. Peer Supporters: give hope that people can and do recover travel alongside a person while they navigate their path to recovery provide linkage to resources, information, and recovery supports support a peer’s goals in recovery, education, advocacy, and change empower those they work with to be active members in the planning, execution, and implementation of their recovery treatment increase self-esteem and self-worth within those they support The Benefits of Working with Peer Support In life, we all face struggles and our own forms of adversity. Many times during those struggles the most crucial piece in the puzzle to recovery is to have a strong foundation of support in our lives. Peer Supporters can play a critical role in forming that strong foundation. Not only do Peer Supporters offer help to their peers through information and referral services, but they are also an impartial player in the peer’s life. The only aspect that the Peer Supporter is invested in is the supporting of their client’s road to recovery, so the Peer Supporter provides a safe place for a person to talk about ideas, fears, achievements, regrets, and daily life without the worry of facing stigma or the judgment. Often in recovery we find ourselves struggling and are afraid to reach out and risk disappointing our loved ones with a relapse or mistake. Peer Supports are always there to offer support to the people they serve and are a safe first place to start when a problem may arise.. SAMHSA has shown that working with Peer Support: Increases social functioning and community involvement Increases quality of life Improves relationships with treatment providers Increases housing stability Increased satisfaction with care Decreases criminal justice involvement Decreases relapses Decreases Psychiatric symptoms Reduces hospital admissions and lengths of stay Lowers substance use and instances of depression during treatment How to Locate a Peer Supporter near You As the field of Peer Support continues to grow, the availability of Peer Supporters is becoming more accessible. Peer Recovery Supporters can be found at substance use recovery facilities like withdrawal centers, inpatient rehabilitation centers, and sober living homes. Mental Health Recovery Coaches are housed within counseling centers, inpatient treatment venues, and with local sites of national organizations like the National Alliance on Mental Illness (NAMI). You may also be able to get connected with peer support though your health insurance carrier, 844-HELP4WV, or the crisis lifeline 988. Client Comments Why we do what we do "My advocate attends meetings, reviews my finances and either visits or calls to conduct wellness/needs checks." "Disability Rights is always helpful."

2022 DRWV ADVOCACY IN MOTION 12/28/22 - The Parkersburg New and Sentinel W.Va. Public Broadcasting reporter released after DHHR pressure https://www.newsandsentinel.com/news/local-news/2022/12/w-va-public-broadcasting-reporter-released-after-dhhr-pressure/ 12/19/22 - From Common Dreams.org West Virginia journalist fired in alleged retaliation over reporting on abuse in state facilities https://www.commondreams.org/news/wv-journalist 12/19/22 - The Parkersburg New and Sentinel Cold Shoulder: Disab ility rights group details strained relationship with West Virginia DHHR’s Crouch https://www.newsandsentinel.com/news/local-news/2022/12/cold-shoulder-disability-rights-group-details-strained-relationship-with-west-virginia-dhhrs-crouch/ 12/17/22 - The Weirton Daily Times DHHR’s Crouch puts pressure on disability rights group https://www.weirtondailytimes.com/news/local-news/2022/12/dhhrs-crouch-puts-pressure-on-disability-rights-group/ 12/8/22 - WV Press Association WV Legislative Interims: Committee on Health hears testimony on the federal investigation into the WVDHHR https://wvdn.com/53789/amp/ 12/6/22 - WV Metro News As feds investigate state-run facilities, advocate tells lawmakers of ‘vicious cycle of institutionalization’ https://wvmetronews.com/2022/12/06/as-feds-investigate-state-run-facilities-advocate-tells-lawmakers-of-vicious-cycle-of-institutionalization/ 12/6/22 - Articles/news about Mike Folio (DRWV Legal Director): https://www.wvnews.com/news/wvnews/attorney-dhhr-breaking-promises-to-west-virginians-with-disabilities/article_357e35e4-75af-11ed-add5-57237fcedaba.amp.html https://www.wsaz.com/2022/12/06/former-wva-dhhr-attorney-blasts-agency/?outputType=amp https://www.wvpublic.org/government/2022-12-06/advocate-brings-transparency-concerns-about-treatment-of-people-with-disabilities-to-lawmakers 12/5/22 - WV Public Broadcasting New federal investigation targets DHHR’s treatment of people with disabilities https://www.wvpublic.org/health-science/2022-12-05/new-federal-investigation-targets-dhhrs-treatment-of-people-with-disabilities 12/2/22 - WV News WVDHHR under federal civil rights investigation https://www.wvnews.com/news/wvnews/west-virginia-department-of-health-and-human-resources-under-federal-civil-rights-investigation/article_e768b39e-7274-11ed-b253-f73089f7022b.html 11/13/22 Joint Committee DRWV Legal Director, Mike Folio, mentioned https://www.youtube.com/watch?v=apCl7x3eS_s 11/11/22 - WV Metro News Disability Rights organization asks lawmakers to scrutinize review of DHHR https://wvmetronews.com/2022/11/11/disability-rights-organization-asks-lawmakers-to-scrutinize-review-of-dhhr/ 11/3/22 - WV Public Broadcasting Mike Folio (DRWV Legal Director) Interview https://www.wvpublic.org/government/2022-11-03/reports-show-people-with-disabilities-are-abused-in-state-care

2021 DRWV NEWSLETTERS January 2021: Emergency Medical Services (EMS) Communication Visor Card February 2021: Successful Client Resolutions of 2020 March 2021: Traumatic Brain Injury April 2021: Employment Rights of People with Disabilities May 2021: Assistive Technology June 2021: Service Animals: More than Pets for People with Disabilities July 2021: Housing Accommodations and Modifications for People with Disabilities August 2021: The Pandemic and Special Education: The American Rescue Plan Act September 2021: Representative Payee Program for Beneficiaries of Social Security October 2021: Reasonable Workplace Accommodations for Employees with Disabilities November 2021: Voting Rights for People with Disabilities December 2021: The Medley Hartley Advocacy Program

WV COUNTIES POLLING SITE ACCESSIBILITY REPORTS Disclaimer Information outlined in the reports does not include any plan of corrections or changes, or actual corrections or changes, made by the county clerk offices or any voting location or precinct. Barbour Berkeley Boone Braxton Brooke Cabell Calhoun Clay Fayette Greenbrier Hampshire Hancoc k Hardy Harrison Jackson Jefferson Kanawha Lincoln Logan Mario n Marshall Mason Mercer Mineral Mingo Monongali a Monroe Morgan Nicholas Ohio Pendleton Pleasants Pocahontas Preston Putnam Randolph Ritchie Roane Summers Taylor Tyler Wayne Webste r Wetzel Wirt Wood

PEOPLE FIRST A Reporters Guide to Reporting About People With Disabilities West Virginia Developmental Disabilities Council developed this Guide for Reporting about People with Disabilities for the media. Guidelines for Writing About People With Disabilities This factsheet provides guidelines for portraying individuals with disabilities in a respectful and balanced way by using language that is accurate, neutral and objective. People First Activity Book for Young Children West Virginia Developmental Disabilities Council - People First Activity Book for Younger Students People First of West Virginia People First is part of a growing movement of self-advocacy groups throughout the United States and the world.