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

POLLING PLACE ACCESSIBILITY SURVEY Polling Place Accessibility Survey West Virginia Advocates would like to know if your polling place is accessible. Providing us information on the accessibility of your polling place may help get any accessibility issues corrected in the future. If you are interested in filling out the survey, then please indicate the county and precinct information. You may also provide your contact information, although that is not required. Download the survey Return the survey by: U.S. Mail to: WV Advocates, 1207 Quarrier St, Ste 400, Charleston, WV 25301; Email: contact@wvadvocates.org Fax: (304) 346-0867; or Phone: (800) 950-5250 Thank you very much for your help in making West Virginia accessible!

2022 NEWS LETTER September Disability Rights of West Virginia DRWV Accessiblity Studies Article by Regina Desmond, DRWV Senior Advocate July 26th, 2022 marked the 32nd anniversary of the Americans with Disabilities Act (ADA)! To mark this anniversary, the ADA National Network has asked that people share moments where you were thankful for the ADA by using #ThanksToTheADA to share what the ADA means to you on social media. One of Disability Rights of WV’s Priorities and Objectives is to “complete accessibility studies when access issues are discovered by DRWV or brought to our attention.” Over the past several years, DRWV has provided technical assistance to the Monongalia County Parks & Recreation regarding updates they have made and are planning at their facilities, including, the brand-new swimming pool facility opened at Camp Muffly this summer. Below are examples of completed accessibility updates made to Mason-Dixon Historical Park and Camp Muffly. Camp Muffly Park's New Swimming Pool Facility Van Accessible Parking Pool Front Accessible Parking Spaces Pool Back Accessible Parking Spaces Accessible Route Back Entrance Accessible Route Accessible Sales Counter Pool Sales Counter Detail of Sales Counter Height Hand Dryer Hand Dryer Height - 38" Detail of Hand Dryer Height - 38" Baby Changing Station Baby Changing Station Height - 31" Detail of Baby Changing Station Height - 31" Accessible Pool Lift Camp Muffly Accessible Pool Lift Mason Dixon Historical Park Accessible Restroom Mason Dixon Historical Park Accessible Restroom DRWV would like to thank Monongalia County Parks and Recreation for reaching out to us and collaborating to increase the accessibility of your facilities. If you have questions or concerns about the accessibility of a facility or program, feel free to contact DRWV at 800-950-5250. Useful Websites Monongalia County Parks and Recreation https://www.monongaliacounty.gov/departments/parks_and_recreation/ ADA Checklist for Existing Facilities & Recreational Checklists https://www.adachecklist.org/ Mid Atlantic ADA (free resource, has a free tip line) https://www.adainfo.org/ US Access Board (free resource, has a free tip line) https://www.access-board.gov/ ADA Standards for Accessible Design https://www.ada.gov/2010ADAstandards_index.htm ADA National Network Adjusting Doors for Access https://adata.org/factsheet/adjusting-doors-access ADA Quick Tips – Tax Incentives https://adata.org/factsheet/quicktips-tax USDOJ’s Expanding Your Market Maintaining Accessible Features in Retail Establishments https://www.ada.gov/business/retail_access.htm Client Comments Why we do what we do "Love our advocate. She is awesome!" "Yes, my advocate does well!"

Thriving in the Workforce Business Opportunities for Young Adults with Disabilitie s By: Ed Carter December 2024 The business world offers diverse opportunities for young adults with disabilities to thrive, innovate, and contribute meaningfully. While challenges may arise, these hurdles can be overcome with the right resources, supportive networks, and personal determination. Today, inclusive work environments and entrepreneurship are paving the way for individuals with disabilities to build successful careers and make an impact. This article explores strategies, resources, and actionable advice to help young adults with disabilities navigate the business world and unlock their full potential. Unlocking Entrepreneurial Potential Specialized programs designed for young adults with disabilities can be a game-changer, equipping you with vital business skills and a supportive community . These initiatives offer a pathway to join a dynamic group of entrepreneurs who often find greater financial rewards compared to traditional employment. Engaging in these opportunities can help you develop the confidence and skills necessary. Working with Disability Rights Advocates Collaborating with disability advocates can be a powerful way for young adults with disabilitie s to access valuable support, guidance, and opportunities in the business world. Organizations like Disability Rights of West Virginia offer a range of services designed to empower individuals, including legal advocacy, education, and assistance with workplace accommodations. By connecting with groups like this, young professionals can gain insight into their rights, find resources to navigate challenges, and build confidence in pursuing their career goals. These advocates not only provide practical assistance but also serve as champions for inclusion and equal opportunities in the workforce. Pursuing a Business Degree Going back to school for a business degree can sharpen your business and marketing skills, providing a solid foundation for success. Whether you earn a degree in marketing, business, communications, or management, you can learn skills that can help your business thrive. Online degree programs make it easy to run your business while going to school at the same time. If you’re considering further education, consider this option to balance personal commitments while advancing your career. Leveraging Social Media for Growth Social media can be a powerful tool for business growth . By cross-promoting your content across platforms, you can broaden your reach and cultivate a diverse audience. This strategy not only helps build a loyal community but also connects you with various demographics crucial for your business. Investing in paid advertising and utilizing tools like social listening can further enhance your visibility and foster a sense of community among your audience. Fostering Inclusive Employment Encouraging businesses to adopt inclusive employment practices can significantly enhance social equity and economic growth. By offering incentives for companies to hire individuals with disabilities, you help bridge the employment gap and tap into a diverse talent pool. Organizations provide essential resources and tools to help businesses implement effective inclusion strategies, contributing to a more inclusive workforce that benefits everyone involved . Taking Advantage of Networking Opportunities Vocational programs that emphasize networking offer a unique advantage. Programs provide pathways to connect with mentors and potential employers, integrating students with disabilities into diverse fields. Engaging in such initiatives helps build professional relationships that are crucial for long-term career success and advancement . Participating in Skill-Building Workshops Participating in skill-building workshops can be a transformative journey, enhancing vital skills such as communication and emotional intelligence. These programs foster adaptability and resilience, aligning your abilities with the strategic goals of potential employers. Investing time in these programs not only prepares you to meet industry standards but also equips you to face future challenges with confidence . Incorporationg Adaptive Online Learning In the digital era, adaptive online learning tools are transforming how young adults with disabilities engage with business education. These tools and platforms customize learning experiences, allowing students to progress at their own pace. This personalized approach enhances comprehension and builds confidence, empowering you to excel in the business world. Young adults with disabilities have the talent, resilience, and creativity to excel in the business world. By leveraging available resources, building strong networks, and embracing their unique perspectives, they can turn challenges into opportunities. Success in business is not defined by limitations but by the drive to innovate, connect, and grow. With the right mindset and support, young adults with disabilities can shape fulfilling careers and make lasting contributions to the business landscape. Discover how Disability Rights of West Virginia is breaking down barriers and advocating for equality.

How Retailers Can Cater to Customers with Disabilities Creating an Inclusive Shopping Experience How Retailers Can Cater to Customers with Disabilities By: Ed Carter February 2025 Accessibility in retail isn’t just about compliance—it’s about creating a welcoming environment for all customers. Individuals with disabilities often face barriers that can make shopping difficult, from narrow aisles to untrained staff. By prioritizing accessibility and inclusivity, retailers can not only expand their customer base but also foster goodwill and loyalty. Whether in brick-and-mortar stores or online platforms, businesses have countless opportunities to enhance the shopping experience for individuals with disabilities. Here’s how retailers can take meaningful steps toward true accessibility. Redesigning Store Layouts for Mobility & Navigation For many individuals with mobility impairments, navigating a store can be frustrating if aisles are too narrow or cluttered with merchandise. A well-thought-out store layout ensures that everyone, including wheelchair users and those with walkers or service animals, can move comfortably. Wide, obstruction-free pathways allow for easy access to products and fitting rooms. Adding clear signage with high-contrast text and braille can further assist customers with visual impairments. When retailers design spaces with accessibility in mind, they create an environment that is both welcoming and functional. Training Staff to Provide Thoughtful Assistance A store can have all the physical accessibility features in place, but without well-trained staff, the experience may still fall short. Employees should be trained in disability etiquette , including how to offer assistance without assuming a person’s needs. Understanding how to communicate with customers who have hearing or speech impairments, as well as knowing when and how to provide accommodations, fosters a respectful shopping experience. Providing training on how to operate accessibility features, such as mobile checkout devices or in-store wheelchairs, further ensures that staff can meet the needs of every shopper . Implementing Adaptive Checkout Solutions The checkout process is often an overlooked area of accessibility , yet it plays a crucial role in a shopper’s experience. For customers with disabilities, long lines, high counters, or inaccessible card readers can be major obstacles. Lowered checkout stations, self-checkout kiosks with speech output, and mobile payment options can make transactions more accessible. Retailers can also provide seating in checkout areas for those who need to rest while waiting. By offering multiple checkout options, stores empower all customers to complete their purchases with ease. Enhancing Digital Accessibility for Online Shoppers Designing an accessible website means creating a digital space that everyone, including individuals with disabilities, can navigate with ease. One essential step is ensuring full keyboard navigation, allowing users who rely on assistive technologies to browse without a mouse. Adding descriptive alt text to images benefits visually impaired users by enabling screen readers to convey important visual information. Enhancing color contrast between text and backgrounds improves readability for those with low vision, making content clearer and more distinguishable. Providing Sensory-Friendly Shopping Options Customers with sensory sensitivities, such as those with autism or PTSD, often find shopping in crowded, noisy environments overwhelming. Retailers can implement sensory-friendly hours, during which stores lower music volume, dim harsh lighting, and reduce loud announcements. Creating designated quiet zones can also provide a space for shoppers to take a break if needed. Thoughtful adjustments like these demonstrate an understanding of the diverse needs of customers and help make shopping more comfortable for everyone . Offering Personalized Assistance and Inclusive Technology Personalized shopping services, such as appointment-based assistance or guided shopping experiences , can greatly enhance accessibility. Retailers can offer in-store assistants who help customers locate items, read product labels, or carry shopping baskets. Additionally, the integration of assistive technology, such as AI-powered chatbots for customer inquiries or smart mirrors with voice commands, can provide further support. Investing in innovative solutions ensures that individuals with disabilities receive the same level of service as any other customer . Encouraging Customer Feedback and Continuous Improvement Accessibility should never be a one-time initiative—it requires ongoing assessment and adaptation. Retailers should actively seek feedback from customers with disabilities to understand what’s working and what needs improvement. This can be done through surveys, in-store suggestion boxes, or social media engagement. Partnering with disability advocacy groups can also provide valuable insights into best practices. By maintaining an open dialogue, businesses can evolve their accessibility efforts and create an environment that truly serves all shoppers . Retailers who prioritize accessibility aren’t just complying with regulations—they’re making a commitment to inclusivity and customer satisfaction. From physical store design to an accessible website, every touchpoint in the shopping journey should consider the needs of individuals with disabilities. An inclusive shopping experience benefits not only individuals with disabilities but also their families, caregivers, and the broader community. When retailers remove barriers, they open doors to a more welcoming and equitable shopping experience for everyone. Discover how you can make a difference with Disability Rights of West Virginia by supporting their mission to remove barriers and promote equality for people with disabilities across the state.

LEGAL REFERRAL RESOURCES AND LEGAL INFORMATION American Bar Association Commission on Disability Rights The Commission carries out an array of projects and activities addressing disability-related public policy, disability law, and the professional needs of lawyers and law students with disabilities. American Civil Liberties Union of West Virginia A non-partisan, non-profit membership organization whose mission is to fulfill the promise of the Bill of Rights for all West Virginians and expand the reach of its guarantees to new areas. Bazelon Center Judge David L. Bazelon Center for Mental Health Law. Cornell University Law School Legal Information Institute A small research, engineering, and editorial group housed at the Cornell Law School in Ithaca, NY. Our collaborators include publishers, legal scholars, computer scientists, government agencies, and other groups and individuals that promote open access to law, worldwide. Disability Law Handbook This handbook is a broad overview of rights and obligations under federal disability laws. Individual state laws may impose more stringent obligations. This handbook is intended to inform rather than to advise, and the information provided is of a general nature. You should consult an attorney for advice about your particular situation. FindLaw.com FindLaw provides legal information, lawyer profiles and a community to help you make the best legal decisions. LawHelp.org LawHelp helps low and moderate income people find free legal aid programs in their communities, and answers to questions about their legal rights. Legal Aid of West Virginia Legal Aid of West Virginia provides free advocacy services to West Virginians. Legal Aid of West Virginia – Guardianship/Conservatorship Information Contains information about guardianship and conservatorship in West Virginia. Managing Someone Else's Money Guides The guides help you to be a financial caregiver in three ways: They walk you through your duties; they tell you how to watch out for scams and financial exploitation, and what to do if your loved one is a victim; and, they tell you where you can go for help. National Organization of Social Security Claimants Representatives Whether you are claiming benefits or providing representation, NOSSCR offers you services, information and support. National Veterans Legal Services Program The National Veterans Legal Services Program (NVLSP) is an independent nonprofit organization that has worked since 1980 to ensure that the U.S. government keeps its pact with our nation's 25 million veterans and active duty personnel by providing them the federal benefits they have earned through their service to our country. Office for Civil Rights (OCR) U.S. Department of Health and Human Services Office for Civil Rights Federal homepage. Civil rights laws and the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule, together protect your fundamental rights of nondiscrimination and privacy. This site has links and information to file an OCR complaint. Pine Tree Legal Assistance Provides a list of organizations listed by state that provide free legal assistance to eligible clients. The National Legal Aid and Defender Association (NLADA) This country?s oldest and largest nonprofit association of individual legal professionals and legal organizations devoted to ensuring the delivery of legal services to the poor. U.S. Department of Justice To enforce the law and defend the interests of the United States according to the law; to ensure public safety against threats foreign and domestic; to provide federal leadership in preventing and controlling crime; to seek just punishment for those guilty of unlawful behavior; and to ensure fair and impartial administration of justice for all Americans. U.S. Department of Justice Guide to Disability Rights Laws This guide provides an overview of Federal civil rights laws that ensure equal opportunity for people with disabilities. UPSOLVE Our nonprofit helps you file for bankruptcy for free, guiding you every step of the way. West Virginia Advance Directive Planning for Important Healthcare Decisions Caring Connections provides free advance directives and instructions for each state that can be opened as a PDF (Portable Document Format) file. These materials are copyrighted by Caring Connections. Permission is granted to download a single copy of any portion of these texts. Use by individuals for personal and family benefit is specifically authorized and encouraged. Further copies or publication are prohibited without express written permission. West Virginia Court System Self-Help Center This on-line self-help center has been designed to provide valuable information to those persons wishing to represent themselves in court. West Virginia Guardianship and Conservatorship Handbook A Guide For Court-Appointed Guardians and Conservators West Virginia Judicial Investigation Commission Complaints To file a complaint concerning a justice, circuit judge, family court judge, magistrate, mental hygiene commissioner, juvenile referee, special commissioner or special master. West Virginia Legal Services This site is a cooperative project of civil legal services providers in West Virginia. It is designed to help clients, practitioners and members of the public to understand our legal system and use it to pursue their just claims. West Virginia Legal Services – Pro Se Forms and Information for Clients Self-help materials. West Virginia Office of Disciplinary Council The Lawyer Disciplinary Board, with the assistance of the Office of Disciplinary Counsel, has jurisdiction to investigate complaints regarding violations of the Rules of Professional Conduct; to hold hearings; and to make recommendations with respect to disciplinary action to be taken against lawyers. West Virginia Social Security Lawyers A directory of Social Security lawyers across West Virginia and the country. West Virginia State Bar The homepage of West Virginia's State Bar. West Virginia State Code A direct link to the searchable portion of the West Virginia Legislature website for locating sections of the State Code. West Virginia Supreme Court of Appeals Homepage of the West Virginia Supreme Court of Appeals. West Virginia Supreme Court of Appeals Access to Justice Office – Interpreters Contains information on the West Virginia Supreme Court’s Access to Justice office, which coordinates the provision of sign language services in West Virginia courts. West Virginia Supreme Court of Appeals Accessibility Information This page provides information on how to request an ADA accommodation to access a state court.

CLIENT GRIEVANCE The purpose of DRWV’s grievance procedure is to provide a system for resolving complaints concerning denial of services or the quality of services . General Step 1 may be done orally or in writing. Steps 2 and 3 must be in writing but we will assist you if needed. It is the responsibility of DRWV to keep a written record of all grievances received and action taken on grievances. You have the right to have someone help you with this Grievance Process. The Executive Director and the DRWV Board of Directors (BOD) will not overturn legal decisions made by the Legal Director. DRWV is not obligated to take every case that comes to our attention. Grievances that allege a denial of service based on an issue or matter that exceeds the agency’s Priorities and Objectives (P&Os) or that is outside of the agency’s scope of practice will not be considered. The Grievance Procedure for Denial of Service is as follows: Step 1: If you have been denied services and you wish to file a grievance on that decision, submit your grievance directly to the Executive Director within 30 days of the denial . The Executive Director will review the service request, reason for denial, and assess whether DRWV’s procedures were followed. The Executive Director will respond to your complaint in writing within 10 business days of when your complaint is received. Step 2: If you are not satisfied with the Executive Director’s response, you must notify the Executive Director in writing within 10 business days of receiving the response that you wish to file a grievance with DRWV’s BOD. DRWV can help put your grievance in writing if needed. The Executive Director must notify the President of DRWV’s BOD in writing within 5 business days of receiving your complaint that a grievance is being filed with the BOD. The Executive Committee of DRWV’s BOD is responsible to appoint an ad hoc Grievance Committee to review your grievance. After review, the Grievance Committee will provide its decision to DRWV’s BOD for consideration and action. The BOD President will respond to you in writing within 10 business days after the next scheduled BOD meeting when the grievance was discussed. The decision of the BOD is final. The Grievance Procedure for Quality of Service is as follows: Step 1: If you are not satisfied with the services DRWV provided/is providing to you, contact the DRWV staff attorney assigned to oversee the service request within 30 days of receiving a closing letter or within 3 business days of the issue of complaint. The advocate will provide the name of the attorney overseeing the service request. This attorney’s name is only provided when a grievance is filed. The grievance should clearly describe your complaint and your desired outcome. The attorney will respond to your complaint in writing within 10 business days of when your complaint is received unless additional time is necessary to provide a response. If your service request included legal representation (assigned to an attorney vs. an advocate), you will begin at Step 2 . Step 2: If you are not satisfied with the attorney’s response you may submit your grievance in writing to the Legal Director within 10 business days of receiving the response for Step 1 . DRWV can help put your grievance in writing if needed. The Legal Director will review the response you were sent to ensure there was proper legal oversight of your case and that the Grievance Procedure was followed. The Legal Director will respond to your grievance in writing within 10 business days of receiving it. Step 3: If you are not satisfied with the Legal Director’s response, you must notify the Executive Director in writing within 10 business days of receiving the Legal Director’s response that you wish to file a grievance with the Executive Director. The Executive Director will review the grievance to ensure that all DRWV policies were followed. The Executive Director will respond to your grievance in writing within 10 business days of receiving it. Step 4: If you are not satisfied with the Executive Director’s response, you may file a grievance with DRWV’s BOD within 10 business days of receiving the Executive Director’s response. The Executive Director must notify the President of DRWV’s BOD in writing within 5 business days of receiving your complaint that a grievance is being filed with the BOD. The Executive Committee of DRWV’s BOD is responsible to appoint an ad hoc Grievance Committee to review your grievance. After review, the Grievance Committee will provide its decision to DRWV’s BOD for consideration and action. The BOD President will respond to you in writing within 10 business days after the next scheduled BOD meeting when the grievance was discussed. The decision of the BOD is final.

DISABILITY RIGHTS HISTORY IN WEST VIRGINIA Click on the arrows to view our timeline of major events pertaining to Disability Rights History in West Virginia, highlighting significant legislative, educational, and advocacy-related milestones.

# Psychiatric Advance Directives - Information for Consumers 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. ## What is it? *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 ## What can I do? Three options for developing a Psychiatric Advance Directive *Living Will *Medical Power of Attorney *Combination of Living Will and Medical Power of Attorney ## Living Will *States your wishes about medical care in the event that you can no longer make your own decisions ## Medical Power of Attorney *Lets you name someone to make decisions about your medical care ## Benefits *Self direction over care *Decreases chance of involuntary treatment *Enables you to choose your own continuum of care, listing what you need and don’t need - what you know from experience helps you and what does not ## Consider... What should you consider in writing your psychiatric advance directive? *Find someone to help that you trust *Discuss your choices with this individual *Make sure they agree with your choices *Make sure they will advocate for your choices *Be specific about when the PAD should be used *Opportunity to be specific regarding care *Review your psychiatric advance directive with someone on a regular basis ... sometimes your preferences may change! *Describe what has happened in the past and why you chose your preferences *Use clear language ... instead of, "I prefer not to," state, "I do not want" or instead of, "I prefer," use, "I want" ## Be Clear *Your advance directive can include a power of attorney and written instructions, however, be clear about when power of attorney takes over and when to follow written instructions ## Rights *To be informed of your right to create a psychiatric advance directive *Remember you have the right to revoke your advance directive at any time and choose not to follow it - and you may do that verbally *The treatment you prefer in crisis maybe different than your usual treatment that keeps you well ## Community Education Same written materials do not have to be provided in all settings however all must: *Define an advance directive *Emphasize that it is designed for consumers to exercise self-direction over healthcare *Describe applicable state law regarding 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 a advance directive when: *The consumer is incapacitated and unable to receive information due to a mental disorder or a incapacitating condition, or if the consumer is unable to articulate whether or not they have a advance directive *The information must be given to the consumer once they are no longer incapacitated ## Rights Providers must honor your psychiatric advance directive unless: *It is withdrawn verbally or in writing by you *The provider does not have the resources to provide the treatment *A provider believes that the directive would endanger your life or be dangerous to others If a provider does not honor your psychiatric advance directive they must: *Tell you the reason for not honoring your advance psychiatric directive *It must be due to lack of resources, or because the provider feels your preferences would endanger your life or others’ lives ## 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 ## Legal Document Making it a legal document *The West Virginia Living Will form and / or Power of Attorney form can be used, but don’t have to *Signed with two witness in front of a notary public Format for Directive Do not have to use the "living will" format for an advance directive to be legal ## 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

VETERANS - BENEFITS Federal Benefits for Veterans, Dependents & Survivors Veterans of the United States armed forces may be eligible for a broad range of programs and services provided by the U.S. Department of Veterans Affairs (VA). This booklet contains a summary of these benefits. A Guide to Veterans' Benefits To address this issue and assist senior veterans and their families, we have created a comprehensive guide that explains various VA benefits, focusing on those applicable to seniors. This guide offers valuable insights into utilizing VA benefits to meet long-term care needs. It outlines eligibility requirements and provides a step-by-step application process to determine available options for financing their healthcare needs Medicare Plans Resource for Veterans Explore the benefits of having Medicare with VA health insurance coverage. It’s possible to have VA and Medicare benefits at the same time. Having both types of coverage is helpful if you need specialized care, if you have a condition not connected to your military service, or if you want to use non-VA providers. TRICARE and how it works With Medicare How to enroll in Medicare Medicare Resources for Veterans Mesothelioma Guide – Veterans Support Guide Our mission is to guide mesothelioma patients and their loved ones toward answers, care options, and free health solutions that improve their lives. Military Handbooks Free Military Handbooks for active and retired U.S. military personnel. National Council for Aging Care's Guide to Military Veteran Benefit Options Helping you navigate your veteran benefit options. Social Security Online Disability Benefits for Wounded Warriors Expedited processing of disability claims from Social Security for military service members who become disabled while on active military service on or after October 1, 2001, regardless of where the disability occurs. U.S. Department of Veterans Affairs Burial and Memorial VA's website on burial and memorial benefits. U.S. Department of Veterans Affairs Education Benefits Information on the GI Bill. U.S. Department of Veterans Affairs Health Care Eligibility Information on applying for VA Health Care Services. U.S. Department of Veterans Affairs Home Loans Information on the VA's Home Loan Guaranty Services. U.S. Department of Veterans Affairs Life Insurance Our insurance programs were developed to provide insurance benefits for veterans and service members who may not be able to get insurance from private companies because of the extra risks involved in military service, or a service connected disability. U.S. Department of Veterans Affairs Returning Service Members (OEF/OIF) Information about some of the benefits VA provides. Veterans Upward Bound A United States Department of Education Program dedicated to helping Veterans of the U.S. Military take full advantage of the educational opportunities available to them. WV Department of Veterans Assistance The mission of the West Virginia Department of Veterans Assistance (WVDVA) is to aid and advise honorably discharged West Virginia veterans and their qualifying dependents and to ensure they are provided the care, assistance and recognition they deserve. Numerous programs, sixteen field and claims offices and three facilities fall under the purview of the WVDVA, enabling the department to meet this goal.

CREDITS AND FUNDING Credits Special Thanks to the Michigan Protection and Advocacy Service for the use of their survey, and the West Virginia Secretary of State’s office. Funding Funding for this publication is provided by the U.S. Department of Health and Human Services, Administration for Community Living, Administration on Intellectual and Developmental Disabilities. v.1.3

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