NEWS LETTER April Disability Rights of West Virginia Threat Assessment 2022 Looking at Angry Words in the Social Media Age We can all think of a mass shooting that has occurred at a school within the last 10 years. It might be the first thing we think of when we hear a child has made a threat at school. And we all have differing opinions on how that child should be handled. However, every child who mentions shooting someone at school or bringing a gun to school does not plan to do so. How do we determine which child is an actual threat and which child simply said something stupid in the heat of the moment? Likewise, how do we get our schools to separate these children out to only exclude the true threats? Availability Heuristic The availability heuristic describes our tendency to use information that comes to mind quickly and easily when making decisions about the future. Because of this bias, we may believe any child who says anything about shooting someone at school or bringing a gun to school needs to be excluded from the school for the safety of everyone else. Availability Heuristic (What actually happens in the world) All the Information The information most available to you that you use to make a decision: Recent Emotional Vivid There are two biases emanating from the availability heuristic: Ease of recall and retrievability. When we make decisions we tend to be swayed by what we remember. What we remember is influenced by many things including beliefs, expectations, emotions, and feelings as well as things like frequency of exposure. Media coverage (e.g., Internet, radio, television) makes a big difference. When rare events occur they become very visible to us as they receive heavy coverage by the media. This means we are more likely to recall it, especially in the immediate aftermath of the event. However, recalling an event and estimating its real probability are two different things. If you’re in a car accident, for example, you are likely to rate the odds of getting into another car accident much higher than base rates would indicate. Because of the availability bias, our perceptions of risk may be in error and we might worry about the wrong risks. This can have disastrous impacts. Ease of recall suggests that if something is more easily recalled in memory it must occur with a higher probability. The availability heuristic can distort our understanding of real risks. Policy Changes Regarding School Safety Since the shooting at Marjory Stoneman Douglas High School on February 14, 2018, policy changes to address school safety have been proposed at the local, state, and federal level. The proposed changes are wide ranging, and some have the potential to cause great harm to children of color and children with disabilities. Many of the proposals focus on increased access to personal information about students. The new anonymous reporting mechanisms and softened information barriers may be mis-used, permitting implicit bias to take hold and undermining civil rights protections. There is no one specific or accurate profile of a school shooter. Louvar Reeves, M.A. & Brock, S.E., School Behavioral Threat Assessment and Management, Contemp. School Psych. 22 , 148-162 (2018) https://doi.org/10.1007/s40688-017-0158-6. It is known that children of color and children with disabilities currently are removed from school and arrested at disproportionate rates due to decisions by improperly trained, supported, and supervised school staff. Smith Howard, D., National Disability Rights Network, Storm on the Horizon: Federal and State Proposals Re: “School Safety,” Washington D.C., March 22, 2019, available at https://www.ndrn.org/wp-content/uploads/2019/03/Storm-on-the-Horizon-Policy-Document-FINAL.pdf. Further, removal of children from school for non-violent disability related behaviors does not prevent school shootings nor will it improve school safety. Id . Instead, it can actually cause harm as profiles can be stigmatizing and may result in discrimination, invasion of privacy, unfair punishment, isolation and/or exclusion from school and activities without due process. Reeves & Brock, supra. Threat Assessments Threat assessments may be used by schools to determine which children are at high risk, but not every child who makes a threat needs a complete threat assessment to determine he is low risk and is not likely to act on his words. The central question of a threat assessment (of any type) is whether the child is truly a threat, not whether the child has made a threat. Reeves & Brock, supra . This central question recognizes not every child who makes a threat is threatening or dangerous. Five Stages of School Threat Assessment 1 Initiate Threat Assessment 2 5 Manage Risk 4 Determine Whether Student Poses Threat Collect Information 3 Organize and Analyze Information School-based threat assessment must be a flexible and efficient process that can quickly resolve threats that are not serious and concentrate efforts on the small number of serious threats. Cornell, D.G., University of Virginia, Overview of the Comprehensive School Threat Assessment Guidelines (CSTAG), May 26, 2020, available at: https://education.virginia.edu/sites/default/files/images/YVP/Comprehensive%20School%20Threat%20Assessment%20Guidelines%20overview%20paper%205-26-20.pdf . Client Comments Why we do what we do I am satisfied with our advocate. She calls often to check on my client and asks if we need anything. I am pleased with her service and know she is only a phone call away. My advocate is amazing.

NEWS LETTER May Disability Rights of West Virginia Foster Care and Special Education 2022 Article by Lori Waller, DRWV Staff Attorney Thirty to fifty percent of children in foster care are eligible for special education services as opposed to the fifteen percent or less of children not in care who are eligible for special education services. Children in foster care also are three times more likely to be expelled and twice as likely to be absent. [1] Children in foster care receive harsher discipline—including more frequent suspensions, expulsions, and police intervention—than their non-foster care peers as well. [2] This practice adversely affects their academic achievement. Additionally, children in foster care are more likely to have at least one disability as compared to children not in care. [3] It is clear many children in foster care need special education services. Placement in foster care uproots a child and places that child in a different living situation. With a change in living situations, a child also may experience a change in school placement. For the child, this means making new friends and learning new rules as well as adjusting to a new classroom. All this change can create instability in a child’s life, making academic and behavioral supports even more important to educational success. Educational Stability Plan Under federal law, a child welfare agency, such as the Department of Health and Human Resources (“DHHR”), must create an educational stability plan for each child in care. The plan must include the following: 1) an assurance that each placement of the child in foster care takes into account the appropriateness of the current educational setting and the proximity to the school in which the child was enrolled at the time of placement; and 2) an assurance that the child welfare agency has coordinated with the local school to ensure the child can remain in that school, or if remaining in that school is not in the child’s best interest, an assurance that the child will be enrolled immediately in a new school and that the new school obtains relevant academic and other records. This plan is in place throughout the time a child is in foster care and should be considered before a change in placement. Special Education Services Any child in foster care who is eligible for special education services needs to receive those services as well. Special education services help a child be successful in the classroom. Likewise, some children coming into foster care have not yet been evaluated for special education services and will need to be referred for an evaluation for services. Whether a child in foster care is currently receiving services or needs to be evaluated for services, meeting the educational needs of the child is one of the biggest responsibilities of the foster care system. Educational needs are often overlooked when a family is in crisis and many children come into foster care already performing at a level below that of their peers. Caseworkers and foster parents can call Disability Rights of West Virginia (DRWV) for assistance with navigating the special education system. Currently, DRWV is involved with a group of attorneys who have filed a class action against DHHR for failing to provide needed services to children in foster care. It is hoped this class action will lead to a change in policies and procedures and to an overall improvement in the foster care experience for any child coming into care. Client Comments Why we do what we do "My advocate is doing a real good job and I’m happy." "I’m very pleased with my advocate. She’s very helpful." [1] Nat'l Working Grp. on Foster Care & Educ., Fostering Success in Education: National Factsheet on the Educational Outcomes of Children in Foster Care 1 (2014), available at www.fostercareandeducation.org/DesktopModules/Bring2mind/DMX/Download.aspx?EntryId=1279&Command=Core_Download&method=inline&PortalId=0&TabId=124. [2] North American Council on Adoptable Children, Position Paper “Educational Needs of Children in Foster Care and Adoption,” available at: https://nacac.org/advocate/nacacs-positions/educational-needs/. [3] Kelly Henderson, Ph.D., “Finding the Sweet Spot: Foster Care, Disability and Special Education,” July 7, 2021, available at: https://fosteringfamiliestoday.com/fostering-families-today-feature/finding-the-sweet-spot-foster-care-disability-and-special-education/#:~:text=Prevalence%20rates%20for%20children%20in,studies%20in%20the%20last%20decade .

Protection and Advocacy for Individuals with Mental Illness (PAIMI) Established by Congress under the Protection and Advocacy for Individuals with Mental Illness Act of 1986. PAIMI was formed to help individuals with mental illness in both institutional and community settings and to investigate abuse, neglect and rights violations on their behalf. PAIMI Eligibility To be eligible for services under our PAIMI Program a person must have a significant mental illness, emotional impairment, and/or receives inpatient treatment in a State psychiatric hospital. PAIMI Funding Source U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration, Center for Mental Health Services. PAIMI Publications

2022 NEWS LETTER August Disability Rights of West Virginia Reentry A Lifeline for the Formerly Incarcerated Article by Kevin White, DRWV Advocate The U.S. has an extremely complicated criminal justice system. We have thousands of federal, state, local, and tribal systems. Together, these systems hold almost two million people in 1,566 state prisons, 102 federal prisons, 2,850 local jails, 1,510 juvenile correctional facilities, 186 immigration detention facilities, and 82 Indigenous country jails, as well as in military prisons, civil commitment centers, state psychiatric hospitals, and prisons in the U.S. territories. With nearly two million people behind bars the United States has the highest incarceration rate of any country in the world. We spend about $182 billion every year not to mention the significant social cost to lock up nearly 1% of our adult population. At any one time, nearly 6.9 million people are on probation, in jail, in prison, or on parole in the United Sates. Each year, more than 600,000 individuals are released from state and federal prisons. Another nine million cycle through local jails. Due to the lack of institutional support, statutorily imposed legal barriers, stigmas, and low wages, most prison sentences are for life. More than half of the formerly incarcerated are unable to find stable employment within their first year of return and three-fourths of them are rearrested within three years of release. Data from the Prison Policy Initiative indicates that West Virginia has an incarceration rate of 731 per 100,000 people (including prisons, jails, immigration detention, and juvenile justice facilities), meaning that it locks up a higher percentage of its people than any democracy on earth. This number includes individuals that are incarcerated in federal prisons in West Virginia which skews totals to a degree, nonetheless, these numbers are startling. The stark reality is that 95% of incarcerated individuals will be released back to the community. Common Barriers and Concerns for Reentry Once released, formerly incarcerated people face a myriad of barriers to successfully re-entering society. Every individual is different, but all will face challenges. CoreCivic identifies the ten most common barriers and concerns for individuals reentering society. Identification – A valid ID or driver's license is crucial for former offenders to gain employment, secure housing, and find transportation . Benefits – While not all offenders qualify for public assistance like disability, food stamps, or housing assistance, many do, and these systems can be difficult to navigate. Transportation – Without consistent transportation, former offenders may have difficulty finding and keeping employment, attending medical appointments, or meeting with their supervision officer. Housing – Without adequate living conditions, former offenders are more likely to reoffend. Health Care – Recently released individuals often need help tending to their health care needs after release, especially those with chronic health conditions like high blood pressure or diabetes. Sobriety – Without professional support, recently released individuals with substance use disorders are at a heightened risk of returning to drugs and alcohol. Family – Reuniting with loved ones can be challenging yet exceptionally rewarding, often providing new motivation to find work, avoid destructive behaviors, and develop positive relationships with children. Education – Education not only improves a justice-involved person's quality of life, but it also helps them qualify for better work opportunities. Employment – Finding and maintaining a job can make all the difference in keeping a justice-involved individual from returning to prison. Finances – Upon release and finding employment, former offenders soon find themselves responsible for the cost of housing, utilities, and other various obligations. These barriers are daunting, but help is available. In West Virginia, the WV Council of Churches, an organized collaboration of more than fourteen denominations that run volunteer, lobbying and social justice efforts in West Virginia has established approximately twenty Community Reentry Councils. Councils work to bring concerned citizens and available resources together to assist those rejoining the community after incarceration. While each community has its own needs and each council has its own goals, these councils focus on issues such as housing, food stamps, employment, transportation, education, and stigma. Much has been accomplished over the past decade through the efforts of the West Virginia Council of Churches and other organizations but there is a lot left to be done. Criminal justice reform is not a popular political topic though issues like mass incarceration, sentencing guidelines, transitional housing, access to healthcare and substance abuse services, educational and vocational opportunity, and funding evidence-based reentry initiatives must be addressed. Reentry is an issue that effects everyone and there is hope for the future. Resources wvreentry - The West Virginia Reentry Councils were established by the West Virginia Council of Churches in an effort to bring concerned citizens and available resources together to assist those rejoining the community after incarceration. While each community has its own needs and each council has its own goals, these councils focus on issues such as housing, food stamps, employment, transportation, education and stigma. Fair Shake - Fair Shake is dedicated to supporting the successful reintegration of formerly incarcerated people into society. Reentry_Housing Options - Provides practical steps that lawmakers and others can take to increase public safety through better access to affordable housing for individuals released to the community. Finance Jar - Starting over after incarceration can be hard. In this guide, you will find information on how to update your IDs, find temporary housing, and fix your credit score after being released from prison. WorkForce West Virginia – Workforce of WV helps any individual who lives in West Virginia find stable employment. They offer training and education opportunities that ex-offenders can take advantage of. Rea of Hope – This is a series of sober living environments for women with substance abuse problems. Kanawha Valley Fellowship Home – Based in Charleston, WV, this is a transitional living program for people with a history of substance abuse. Covenant House – Founded in 1981, Covenant house of WV provides services for people in need as well as creating social change. KISRA – Their Second Chance Mentoring Program helps non-violent ex-offenders successfully reintegrate back into their community. Roark-Sullivan Lifeway Center – The Roark-Sullivan Lifeway Center offers a bunch of programs that returning citizens can benefit from. These include life skill training, healthcare services, and transitional housing . Client Comments Why we do what we do "I believe the advocate does an amazing job." "My advocate is exceptional and always ready to help when needed."

ON VOTING DAY Answers to Your Questions When are the polls open? On election day, the polls will be open from 6:30 AM to 7:30 PM. Is there another day I can vote? Yes, you may take advantage of Early Voting. Any registered voter may vote at their County Clerk’s office 13 days before the election and ending the 3rd day before the election. Some counties offer additional Early Voting locations. Early Voting is available on weekdays during regular business hours and on Saturdays from 9AM to 5PM.Please call your County Clerk’s office to find out additional locations and hours for Early Voting. Where do I vote? You must vote at your polling place. This place is determined by your physical address that you put on your registration form. To find out where your polling place is: Call your County Clerk’s office, or Visit this website: https://apps.sos.wv.gov/elections/voter/ What do I need to bring? If you registered by mail, and did not provide a copy with your registration form, you will need to bring: A copy of a current & valid photo ID, or A copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows your name and current residence address. Even if you registered in person or provided the necessary documentation with your registration form, it is a good idea to bring the above identification with you. What happens if I do not bring the required documentation, my name is not on the voting list, or I am in the wrong precinct? Request a provisional ballot. What is a provisional ballot? A provisional ballot is used when a voter’s eligibility cannot be determined at the polling place. The vote cast on a provisional ballot will not be considered until canvass and the voter’s eligibility can be determined. The status of a provisional ballot can be checked online at: https://apps.sos.wv.gov/elections/voter/ What if I cannot get to my polling place or my County Clerk’s office to vote due to a medical condition or a disability? Then you can request an absentee ballot. How do I find out what kind of voting system my county uses? You may call your County Clerk’s office, or Visit this website, which details what voting systems each county of West Virginia uses: http://www.sos.wv.gov/elections/ Instructions on the use of the electronic voting systems used in West Virginia can be found at this website: http://www.sos.wv.gov/elections/ Is there anything else that can make voting easier? Please call your County Clerk’s office to verify that you are registered before election day. Ask for accommodations (assistance with voting, accessible voting machine, etc.) when you sign in. Also, be sure that you know where your polling place is.

Disability Rights of West Virginia (DRWV) is the federally mandated protection and advocacy system for people with disabilities in West Virginia. DRWV is a private, nonprofit agency. Our services are confidential and free of charge. ABOUT US Disability Rights of West Virginia (DRWV) is the federally mandated protection and advocacy system for people with disabilities in West Virginia. DRWV is a private, nonprofit agency. Our services are confidential and free of charge. OUR MISSION AND PURPOSE DRWV protects and advocates for the human and legal rights of persons with disabilities. More specific statement of purposes includes: To implement a system to protect and advocate for the rights of persons with developmental disabilities or labeled mentally ill and other populations as shall be made eligible by federal or state statute or grants; To pursue legal, administrative and other appropriate remedies to ensure the welfare and protect the rights of eligible individuals; To provide information and referral services to persons with disabilities; their parents, guardians and attorneys and to aid and advise them to obtain and protect their rights; To provide education, training and technical assistance to persons with disabilities, their families, and agencies which serve them, attorneys, professional persons, courts and others regarding the rights of eligible persons; To advocate for quality services, appropriate to needs, as directed by eligible persons; To receive and disburse funds for the accomplishment of the above purposes; and The Corporation shall be operated exclusively for charitable and educational purposes. Article II of the By-Laws of Disability Rights of West Virginia. PRINCIPLES Fairness, Respect and Dignity People with disabilities are full and equal citizens under the law, with access to the same opportunities afforded all members of society. People with disabilities are entitled to be free from abuse, neglect, exploitation, and isolation, and to be treated with respect and dignity. Service Appropriateness Advocacy services are responsive and appropriate to the populations served. Meaningful Choice and Empowerment People with disabilities have the right to make choices both with respect to daily routines and major life events. Individuality and Independence Services and supports should be shaped by the unique needs and preferences of each individual and should assure and enhance opportunities for integration in all aspects of life. Advocacy should reflect equal access, peer support and self-determination. Service delivery should maximize leadership, independence, productivity and integration.

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

ADDITIONAL CONTACTS United States Election Assistance Commission, (866) 747- 1471 (toll-free) West Virginia Secretary of State’s Voting Website West Virginia Secretary of State’s Office, (866) SOS-VOTE Disability Rights of West Virginia, (800) 950-5250 (toll-free)

NEWS LETTER November Disability Rights of West Virginia Voting Rights for People with Disabilities Article by Zachary Kelley, DRWV Advocate A Brief History: There are approximately 61 million people living with disabilities in the United States. That equates to 26% of the total population or one in four people. Studies have shown that people with disabilities historically have lower voter turnout than the general public. There are many factors, such as physical barriers that prevent people with disabilities from voting. The Help America Vote Act or HAVA was passed in 2002 to help overcome these barriers. HAVA allows organizations like Disability Rights of West Virginia to assist individuals with disabilities in full participating in the electoral process. This assistance is implemented through the Protection and Advocacy for Voting Access or PAVA program at Disability Rights of West Virginia. Voting Rights: As a person with a disability, you have the right to: Have full access to your public polling site; Cast your ballot in private; Have someone of your choosing assist you in the voting booth; and Every polling place must: Have at least one voting device that allows voters, regardless of disability, to cast their ballot privately and independently; and Be physically accessible in a manner that is compliant with the American Disabilities Act (ADA) guidelines. American Disabilities Act The Americans Disability Act was signed into law by President Bush on July 26, 1990. This was the world’s first comprehensive civil rights law for people with disabilities. The ADA requires polling sites across the United States to be physically accessible. Every polling place must: Have at least one accessible route to connect accessible buildings, accessible facilities, accessible elements, and accessible spaces that are on the same site; Have a ramp with a running slope that is not steeper than 8.3%; Possess door hardware that is operable with one hand and does not require tight grasping, pinching, or twisting of the wrist; and Display parking space identification signs and include the International Symbol of Accessibility. The signs identifying van parking spaces shall contain the designation “van accessible.” Signage shall be 60 inches minimum above the finish floor or ground surface measured to the bottom of the sign. Check out the full list of ADA Accessibility Standards at: https://www.ada.gov/regs2010/2010ADAStandards/2010ADAStandards_prt.pdf Contact Disability Rights of West Virginia (DRWV) if: You need assistance when registering to vote. You have questions about voter rights. You have encountered harassment or discrimination by an election official. Your polling place is not accessible. You have not been provided with the opportunity to vote in an accessible format. Client Comments Why we do what we do The advocate at DRWV was extremely helpful and knowledgeable during this overwhelming and stressful situation. She answered my questions and concerns and put my mind at ease. I appreciate the advice and support we received for our daughter’s care, which she deserves. Thank you. The advocate was very helpful. I could not have been more satisfied. She is amazing. Thank you.

VETERANS - EMPLOYMENT Computer/Electronic Accommodations Program (CAP) Wounded Service Member Initiative There are many resources that provide information and technical assistance on recovery, employment, and accessibility services. The links highlight Federal government programs, online tools, and other outside resources that provide you the ability to research other programs that are available for returning Service members. Entrepreneurship Bootcamp for Veterans with Disabilities Entrepreneurship Bootcamp for Veterans with Disabilities (EBV) offers cutting edge, experiential training in entrepreneurship and small business management to soldiers, sailors, airmen, and marines disabled as a result of their service supporting operations Enduring Freedom and Iraqi Freedom. Homeless Veterans Reintegration Program HVRPs provide services to assist in reintegrating homeless veterans into meaningful employment within the labor force and to stimulate the development of effective service delivery systems that will address the complex problems facing homeless veterans. Job Opportunities for Disabled American Veterans Aims to directly decrease unemployment by opening networks for communication between potential employers and prospective hires. U.S. Department of Labor Transition Assistance Program Established to meet the needs of separating service members during their period of transition into civilian life by offering job-search assistance and related services. U.S. Department of Labor Veterans' Employment and Training Services Hire Vets First The mission statement for VETS is to provide veterans and transitioning service members with the resources and services to succeed in the 21st century workforce by maximizing their employment opportunities, protecting their employment rights and meeting labor-market demands with qualified veterans today. U.S. Department of Veterans Affairs Employment Toolkit An online Veterans Employment Toolkit aimed at helping employers, managers, supervisors, human resource professionals, and EAP providers support employees who are veterans or members of the Reserve or National Guard to increase their success in the workplace. U.S. Department of Veterans Affairs Vocational Rehabilitation and Employment Services The Department of Veterans Affairs Veterans Benefits Administration's Vocational Rehabilitation and Employment (VRandE) service is vested with delivering timely, effective vocational rehabilitation services to veterans with service-connected disabilities. U.S. Office of Personnel Management Veterans employment information. U.S. Office of Personnel Management Selective Placement Program Most Federal agencies have a Selective Placement Program Coordinator, a Special Emphasis Manager (SEM) for Employment of Adults with Disabilities, or equivalent, who helps to recruit, hire and accommodate people with disabilities at that agency. This directory lists the coordinator(s) identified by their agency. Uniformed Services Employment and Reemployment Rights Act (USERRA) Advisor The Uniformed Services Employment and Reemployment Rights Act (USERRA) Advisor helps Veterans understand employee eligibility and job entitlements, employer obligations, benefits and remedies under the Act. The law is intended to encourage non-career uniformed service so that America can enjoy the protection of those services, staffed by qualified people, while maintaining a balance with the needs of private and public employers who also depend on these same individuals. Veterans' Guide to Vocational and Apprenticeship Programs If you’re a veteran of the U.S. Armed Forces, you may have access to educational benefits through the GI Bill and similar programs. In addition to helping veterans attend traditional four-year colleges, these benefits can also be applied to vocational schools and apprenticeships. We break down the different benefits available to veterans for non-traditional postsecondary education and review other important details such as eligibility, costs, and making the transition from soldier to working civilian Veterans' Guide plus Resources to Start a Small Business This guide will walk you through everything you need to know to make your business-owning dream a profitable reality. WorkForce West Virginia Veterans Page The Employment Service, a partner in the WORKFORCE West Virginia One-Stop Career Centers, is the delivery agent for US Department of Labor funded employment and training programs. Services are provided to Veterans through a network of 17 Job Service offices in West Virginia.

# Psychiatric Advance Directives - Information for Family Members 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 ## Family Members *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 ## Why are Psychiatric Advance Directives Important? *Engages your family member in her or his own treatment *Empowers your family member to make his or her own choices *May help avoid commitment procedures which can even divide families ## What are my family members options? Three options for developing a Psychiatric Advance Directive *Living Will *Medical Power of Attorney *Combination of Living Will and Medical Power of Attorney ## What are your family member’s rights? State Rule 64-74-5 Advance Psychiatric Directive Right *The right to an advance psychiatric directive prepared at a time when the individual has not been adjudged to be incompetent ## What are your family member’s rights? *The right to refuse to create an advance psychiatric directive *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 ## Withdrawing a Directive *Any advance psychiatric directive written and signed by a consumer may be withdrawn at any time verbally or in writing by the consumer *Often referred as the "Ulysses effect" ## Things to consider What should your family member consider in writing a psychiatric advance directive? *Find someone to help that he or she trusts *Discuss possibilities and choices with this individual *Get agreement with choices *Identify a person who will advocate for choices *Be specific about when the PAD should be used ## 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 *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 facility’s policies regarding advance directives ## 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 certifie Medicare and Medicaid providers *Providers and healthcare plans must inform consumers they have this right, and how to file a complaint ## Engaging your family member *Discuss the benefits of having a psychiatric advance directive *If they choose to develop a advance directive, suggest having it included in the treatment plan *Discuss rights to have a Psychiatric Advance Directive with them, and what can be done if it is not honored ## Remember... *You can suggest an advance directive - it is up to the person with a mental illness to design and write such a document. *Your Ideas on the content of an advance directive may be solicited - they should not be forced. *Any advance directive can be made null and void by the person who wrote it. Rejection does not need to be written. *Even when commitment proceedings are implemented, the content of an advance directive may be used to determine treatment ## 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