Protection and Advocacy for Individuals with Developmental ... · 2. Acquired Brain Injury 0 3. ADD/ADHD 0 4. AIDS/HIV Positive 0 5. All Other Disabilities 0 6. Autism 29 7. Auto-immune

Protection and Advocacy for Individuals with Developmental Disabilities

(PADD)

Annual Statement of Goals and Priorities (SGP)Annual Program Performance Report (PPR)

WEST VIRGINIA - West Virginia Advocates, Inc.

FY 2016 [10/01/15 - 09/30/16]Submitted 2/24/2017

1

Part I: DemographicsInterventions on behalf of individuals

A. Individuals ServedWhat to Count Number

1. Individuals served as of October 1 (Carried over from previous FY). 23

2. Additional individuals served during the year. 58

3. Total individuals served during the year (Add lines A1 and A2). 81

4. Individuals with more than one (1) intervention opened/closed FY. 0

5. Individuals served as of September 30 (Carry over to next FY; ≤ A3). 24

B. Problem Areas/Complaints of Individuals Served Problem Area/Complaint Number

1. Abuse (total) 6

1. Inappropriate Use of Restraint & Seclusion 0

2. Involuntary Treatment 0

3. Physical, Verbal, & Sexual Assault 2

4. Excessive medication 0

5. Financial exploitation 4

6. Other 0

2. Access to Administrative or Judicial Processes 0

3. Access to Records 0

4. Advance Directives 0

5. Architectural Accessibility 1

6. Assistive Technology (total) 0

1. Augmentative Comm. Devices 0

2. Durable Medical Equipment 0

3. Vehicle Modification/Transportation 0

4. Other 0

7. Aversives (including ECT) 0

8. Civil Commitment 0

9. Criminal Justice 0

10. Custody/Parental Rights 0

11. Education (total) 25

1. FAPE: IEP/IFSP Planning/Development/Implementation 13

2

2. FAPE: Discipline/Procedural Safeguards 5

3. FAPE: Eligibility 0

4. FAPE: Least Restrictive Environ. 5

5. FAPE: Multi-disciplinary Evaluation/Assessments 0

6. FAPE: Transition Services 0

7. Other 2

12. Employment Discrimination (total) 0

1. Benefits 0

2. Hiring/Termination 0

3. Reasonable Accommodations 0

4. Service Provider Issues 0

5. Supported Employment 0

6. Wage and Hour Issues 0

7. Other 0

13. Employment Preparation 0

14. Financial Benefits (total) 3

1. SSDI Work Incentives 0

2. SSI Eligibility 0

3. SSI Work Incentives 0

4. Social Security Benefits Cessation 0

5. Work Related Overpayments 0

6. Welfare Reform 0

7. Other Financial Entitlements 3

15. Forensic Commitment 0

16. Government Benefits/Services 0

17. Guardianship/Conservatorship/Substitute Decision maker 2

18. Home and Community Based Services including discharge planning transition follow-up 19

19. Healthcare (total) 15

1. General Healthcare 0

2. Medicaid 14

3. Medicare 0

4. Private Medical Insurance 0

5. Other 1

20. Housing (total) 4

1. Accommodations 2

2. Architectural Barriers 0

3

3. Landlord/Tenant 2

4. Modifications 0

5. Rental Denial/Termination 0

6. Sales/Contracts/Ownership 0

7. Subsidized Housing/Section 8 0

8. Zoning/Restrictive Covenants 0

9. Other 0

21. Immigration 0

22. Juvenile Justice 1

23. Neglect (total) 10

1. Failure to Provide Necessary or Appropriate Medical Treatment 1

2. Failure to Provide Necessary or Appropriate Mental Health Treatment 0

3. Failure to Provide Necessary or Appropriate Personal Care & Safety 9

4. Other 0

24. Post-Secondary Education 0

25. Non-Medical Insurance 0

26. Privacy Rights 1

27. Public Accommodations 0

28. Rehabilitation Services (total) 0

1. Communications Problems (Individuals/Counselor) 0

2. Conflict About Services To Be Provided 0

3. Individual Requests Information 0

4. Non-Rehabilitation Act 0

5. Private Providers 0

6. Related to Application/Eligibility Process 0

7. Related to IWRP Development/Implementation 0

8. Related to Title I of ADA 0

9. Other Rehabilitation Act-related problems 0

29. Suspicious Death 2

30. Transportation (total) 1

1. Air Carrier 0

2. Paratransit 0

3. Public Transportation 0

4. Other 1

31. Unnecessary Institutionalization including identification and assessment 0

4

32. Voting (total) 0

1. Accessible Polling Place / Equipment 0

2. Registration 0

3. Other 0

33. Other 1

TOTAL 91

C. Gender of Individuals ServedGender Number

1. Female 27

2. Male 54

TOTAL 81

D. Living Arrangements of Individuals ServedLiving Arrangement Number

1. Independent 25

2. Parental or other family home 38

3. Community Residential Home for Children/Youth (0-18 Yrs.) 2

4. Community Residential Home for Adults 8

5. Non-medical community base residential facility for children and youth 0

6. Foster care 1

7. Nursing homes, including Skilled nursing facilities (SNF) 3

8. Intermediate Care Facilities (ICF) 2

9. Public and private general hospitals including emergency rooms 0

10. Public Institutional Living Arrangement 2

11. Private Institutional Living Arrangement 0

12. Psychiatric wards (public or private) 0

13. Jail 1

14. State Prison 0

15. Federal Detention Center 0

16. Federal Prison 0

17. Veterans Administration Hospital 0

18. Other Federal Facility 0

19. Homeless 0

20. Unknown 0

TOTAL 82

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E. Reasons for Closing Individual Intervention FilesReasons for Closing Individual Advocacy Case File Number

1. Number of Closed Cases in which Client’s Objective Was Partially or Fully Met 54

2. Other Representation Found 2

3. Individual Withdrew Complaint 3

4. Services Were Not Needed Due To Client’s Death or Relocation 2

5. P&A Withdrew Because Individual or Client Would Not Cooperate 1

6. Individual’s Case Lacked Merit 1

7. Individual’s Issue Not Favorably Resolved 0

8. Appeal(s) Unsuccessful 1

TOTAL 64

Reason for Closing Individual Investigation File Number

1. Complaint was Withdrawn 0

2. Other Appropriate Entity Investigating 2

3. P&A withdrew because Individual or Client Would Not Cooperate 0

4. Investigation Completed 1

TOTAL 3

F. Intervention Strategies Used in Serving IndividualsIndividual Advocacy Service Number

1. Self-Advocacy Assistance 4

2. Limited Advocacy 44

3. Administrative Remedies 0

4. Negotiation 15

5. Mediation/Alternative Dispute Resolution 1

6. Litigation 0

TOTAL (1-6) 64

Individual Investigation Service Number

7. Individual Investigation 3

TOTAL (1-7) 67

G. Age Range of Individuals ServedRange Number

1. 0 - 2 0

6

H. Primary Disability of Individuals ServedPrimary Disability Number

1. Absence of Extremities 0

2. Acquired Brain Injury 0

3. ADD/ADHD 0

4. AIDS/HIV Positive 0

5. All Other Disabilities 0

6. Autism 29

7. Auto-immune (non-AIDS/HIV) 0

8. Blindness (Both Eyes) 0

9. Cancer 0

10. Cerebral Palsy 13

11. Deaf-Blind 0

12. Deafness 0

13. Diabetes 0

14. Digestive Disorders 0

15. Epilepsy 1

16. Genitourinary Conditions 0

17. Hearing Impaired (Not Deaf)/Hard of Hearing 0

18. Heart & Other Circulatory Conditions 0

19. Intellectual Disability 36

20. Mental Illness 0

21. Multiple Sclerosis 0

22. Muscular Dystrophy 1

23. Muscular/Skeletal Impairment 0

24. Neurological Disorders/Impairments 0

25. Orthopedic Impairments 0

26. Other Emotional/Behavioral 0

27. Other Visual Impairments (not blind) 0

2. 3 - 5 1

3. 6 - 10 12

4. 11 - 22 24

5. 23 - 64 43

6. 65 & Over 1

TOTAL 81

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I. Racial and Ethnic Diversity of Individuals ServedRace/Ethnicity State % Individual

Advocacy #Individual

Advocacy %

1. Hispanic/Latino (of any race) 0.00% 1 1.23%

Race/Ethnicity(NOT Latino/Hispanic)

State % IndividualAdvocacy #

IndividualAdvocacy %

2. American Indian/ Alaskan Native 0.00% 2 2.47%

3. Asian 0.00% 0 0.00%

4. Black/African American 0.00% 4 4.94%

5. Native Hawaiian/Other Pacific Islander 0.00% 0 0.00%

6. White 0.00% 73 90.12%

7. Two or more races 0.00% 1 1.23%

8. Race/Ethnicity Unknown 0.00% 0 0.00%

TOTAL 0.00% 81 100.00%

Intervention Benefitting Groups

J. Groups ServedWhat to Count Number

1. Group cases/projects still open at October 1. (Carried over from prior FY(s)) 10

2. New group cases/projects opened during the year. 5

3. Total group cases/projects worked on during the year. (Add lines J1 and J2) 15

4. Total group cases/projects as of September 30. (Carry over to next FY) 12

5. Group cases/projects targeted at serving racial/ethnic minority(ies). 0

6. Total # of individuals potentially impacted by the line I.J.3 projects/cases. 33,000

28. Respiratory Disorders/Impairments 0

29. Skin Conditions 0

30. Specific Learning Disabilities (SLD) 0

31. Speech Impairments 0

32. Spina Bifida 1

33. Substance Abuse (Alcohol or Drugs) 0

34. Tourette Syndrome 0

35. Traumatic Brain Injury (TBI) 0

TOTAL 81

8

K. Problem Areas/Complaints of Groups ServedProblem Area/Complaint Number

1. Abuse 0

2. Access to Administrative or Judicial Processes 0

3. Access to Records 0

4. Advance Directives 0

5. Architectural Accessibility 0

6. Assistive Technology 0

7. Aversives (including ECT) 0

8. Civil Commitment 0

9. Custody/Parental Rights 0

10. Education 0

11. Employment Discrimination 0

12. Employment Preparation 0

13. Financial Benefits 0

14. Forensic Commitment 0

15. Government Benefits/Services 1

16. Guardianship/Conservatorship/Substitute Decision Maker 2

17. Home & Community Based Services including Discharge Planning Transition Follow-up 4

18. Healthcare 0

19. Housing 0

20. Immigration 0

21. Neglect 0

22. Post-Secondary Education 0

23. Non-Medical Insurance 0

24. Privacy Rights 0

25. Rehabilitation Services 0

26. Suspicious Death 0

27. Transportation 0

28. Unnecessary Institutionalization including Identification and Assessment 0

29. Voting 0

TOTAL 7

L. Living Arrangements Targeted by Groups InterventionsLiving Arrangement Number

1. Independent 0

9

2. Parental or Other Family Home 0

3. Community Residential Home for Children/youth (0-18 yrs.) 0

4. Community Residential Home for Adults 0

5. Non-Medical Community Base Residential Facility for Children and Youth 0

6. Foster care 0

7. Nursing Homes, including Skilled Nursing Facilities (SNF) 0

8. Intermediate Care Facilities (ICF) 1

9. Public and Private General Hospitals including Emergency Rooms 0

10. Public Institutional Living Arrangement 0

11. Private Institutional Living Arrangement 0

12. Psychiatric Wards (Public Or Private) 0

13. Jail 0

14. State Prison 0

15. Federal Detention Center 0

16. Federal Prison 0

17. Veterans Administration Hospital 0

18. Other Federal Facility 0

19. Homeless 1

20. Not Applicable – Intervention not Focused on a Particular Living Arrangement 13

TOTAL 15

M. Reasons for Closing Group Cases/ProjectsReason Number

1. Concluded Successfully 3

2. Concluded Unsuccessfully 0

3. Other 0

TOTAL 3

N. Intervention Strategies Used in Group Cases/ProjectsIntervention Strategy Number

1. Abuse and Neglect Investigation 0

2. Systemic Litigation 1

3. Educating Policymakers 5

4. Other Systemic Advocacy 9

TOTAL 15

10

O. Age Ranges Targeted by Interventions for GroupsFocus Number

1. Group Cases/Projects Focused on Children Approximately 0-2 yrs. old 1

2. Group Cases/Projects Focused on Children Approximately 3-5 yrs. old 0

3. Group Cases/Projects Focused on Young People Approximately 6-10 yrs. old 0

4. Group Cases/Projects Focused on Young People Approximately 11-23 yrs. old 0

5. Group Cases/Projects Focused on Adults Approximately 24—64 yrs. old 0

6. Group Cases/Projects Focused on Seniors Approximately 65 yrs. & older 1

7. Not Applicable – Intervention Not Focused on Any Particular Age Range Grouping 13

TOTAL 15

P. Race/Ethnicity of Groups ServedRace/Ethnicity Number

1. Hispanic/Latino (of any race) 0

2. American Indian/ Alaskan Native 0

3. Asian 0

4. Black/African American 0

5. Native Hawaiian/Other Pacific Islander 0

6. White 0

7. Two or more races 0

8. Unknown 0

TOTAL 0

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Part II: Statement of Goals and PrioritiesA. Report on FY 2016 [10/01/15 - 09/30/16] Statement of Goals and Priorities (SGP)1. Goal Number: 1 Goal Statement: Children and Youth with Disabilities Receive a Free and Appropriate Public Education in the Least Restrictive Environment.

2. Priorities:

# Priority

1 WVA will monitor to determine if the West Virginia Department of Education (WVDE) and each county school system are complying with the Unites States Department of Justice (USDOJ) directives for addressing bullying.

2 WVA will provide direct advocacy services on behalf of students with disabilities relative to bullying, suspensions, expulsions, out-of-school environment, and alternative education placements for up to five (5) PADD eligible individuals.

3 WVA will use social media to post information about special education at least one (1) time per quarter.

4 WVA will 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.

3. Strategies Used to Implement Goal and Address Priorities

R Collaboration £ Systemic Litigation

R Rights-Based Individual Advocacy Services £ Educating Policy Makers

£ Investigations of Abuse and Neglect £ Other Systemic Advocacy

R Monitoring R Training/Outreach

4. Extent to Which Goal was Achieved

£ Not Achieved £ Partially Achieved R Achieved £ No Results This Year

5. Stage of Implementation

£ Planning £ Initiation R Implementation £ Outcome/Fully Integrated

6. Results Narratives of P&A Activities and Accomplishments Related to Above Goal

Goal #: 1 Priority #(s): 4

Collaborator(s): Developmental Disabilities Council

Underserved/Unserved/Minorities Targeted? £ Yes R No

Parent's Advocacy Guide

In FY 2016, WVA distributed 571 Parent's Advocacy Guide to Special Education through Service Requests, events and by request. The WVDDC reports having distributed 347 copies. This Guide is also available on our website. We continue to receive positive feedback from parents and other advocacy groups about this Guide. We have been told that our state's Parent, Training and Information (PTI) Center staff use this Guide to train parents.

Performance Measurement Number

Children with disabilities receiving appropriate services in most integrated settings. 0

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6. Results Narratives (cont.)


Collaborator(s):


Monitoring WVDE (bullying)

In FY 16, WVA searched for the bullying/harassment related policies from all fifty-five counties' Board of Education. We compiled a list which included links to all of the policies available online. We made requests to the counties who did not have their policies online and saved the ones we received. We continue to handle bullying related cases as we become aware of them and carefully evaluate how the school systems are handling bullying incidents.


People with disabilities who go to school in safer and more humane conditions. 8,300



Collaborator(s):


Direct advocacy - education

A PADD eligible client's parents asked WVA to help ensure that their daughter's Individualized Education Program (IEP) was being followed, and for the school staff to quit harassing her daughter about her backpack being too heavy. WVA requested and reviewed the client's educational records and attended an IEP meeting with the client's parents. The parents' concerns about the client being harassed about her backpack were addressed at the meeting. The IEP team members agreed that better communication was needed by everyone who worked with the client. The parents were encouraged to meet with her new teacher and other school personnel before the next school year began. WVA encouraged the mother to report any future incidents or concerns to the Special Education Director and principal, both verbally and in writing.



People with disabilities who go to school in safer and more humane conditions. 2



Collaborator(s):


13

Social Media - special education

WVA continues to provide information to the public via our Facebook page and website. We often include information about resources, upcoming events and training available to parents of students with disabilities. Two examples of these posts are included below:

Department of Education Office of Special Education and Rehabilitative Services Guidance on students under the Individuals with Disabilities Education Act (IDEA) and a free appropriate public education (FAPE) http://wvadvocates.org/news/2015/11/25/department-of-education-guidance-on-idea-and-fape/

Who Writes Next Year's IEP? Parent Participation (wrightslaw.com) http://www.wrightslaw.com/nltr/16/nl.0405.htm



Other Qualitative Narrative Related to the Above GoalDescribe any other significant activity related to this goal

In a previous fiscal year, a PADD eligible client's parents requested assistance with keeping the client in his home school and not being forced to go to a school that is over 30 miles away when he lived less than one mile from his home school. WVA reviewed the client's educational records then attended an Individualized Education Program (IEP) team meeting and advocated for the client to attend his home school. This meeting resulted in the County stating that the his IEP required him to attend another school that has a "recognized established program". WVA requested Prior Written Notice on the County's decision. WVA then filed a State Complaint alleging that the County was not providing the client with a free appropriate public education (FAPE) which includes individualized instruction and related services in his least restrictive environment (LRE), in violation of the Individuals with Disabilities Education Act (IDEA) and West Virginia Department of Education Policy 2419, Regulations for the Education of Students with Exceptionalities. WVA also cited the Commentary to the 2006 Special Education Regulations. It was found through the State Complaint investigation that "the district made decisions regarding the student's placement and location for the provision of those services prior to the impending IEP team meeting, thus, compromising the integrity of the finalized IEP. Thus, a violation occurred." The County was directed to hold a state facilitated IEP team meeting. WVA attended the state facilitated IEP team meeting. Following the meeting, WVA continued to follow up with the County to ensure that the client received the services as agreed upon. Due to advocacy provided by WVA, the client is currently receiving his education in his home school with his peers with a 1:1 sign support facilitator/aide. The client is also a member of the High School band. It is hoped that this advocacy will impact other students who had been transferred out of their home school. Throughout this service request, the client had an exuberant amount of community support. Several local television news networks and newspapers covered the story. The client's peers from his home school also held several rallies before school showing their support of the client.

1. Goal Number: 2 Goal Statement: People with Disabilities are Able to Live in the Community Setting of Their Choice with Individualized Supports, Services and Protections as Ordered in the Olmstead Decision.

2. Priorities:

14

# Priority

1 WVA 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 access to self-direction, choice of providers and quality services in their home community.

2 WVA will provide direct advocacy services for up to fifteen (15) PADD eligible individuals found eligible for services under the three Medicaid Title XIX Home and Community Based Waiver programs in West Virginia to ensure access to self-direction, choice of providers and quality services in their home community.

3 WVA will monitor and participate in discussions regarding proposed changes to West Virginia Medicaid to ensure that individuals with disabilities have access to services for which they are eligible.




£ Investigations of Abuse and Neglect R Other Systemic Advocacy

R Monitoring £ Training/Outreach







Collaborator(s):


15

Systemic monitoring - Medicaid Waivers

WVA holds a permanent membership advocacy slot on West Virginia's Intellectual/Developmental Disabilities (I/DD) Title XIX Medicaid Waiver QA/QI Advisory Council. WVA's Executive Director was asked to Chair a sub-committee to look at the requirements of the Center for Medicaid/Medicare Services' (CMS) Home and Community Based Services Community Integration Rule. WVA, as well as other members of the Committee, individually submitted comments on the WV Department of Health and Human Resources, Bureau for Medical Services' Residential Setting Assessment and the State-wide Transition Plan. WVA will continue to monitor the implementation of the Plan once final approval is received from CMS.

WVA attended quarterly meetings of behavioral health providers sponsored by the WV Bureau of Medical Services (BMS) and their Administrative Services Organization (ASO) for the I/DD Waiver. These meetings are used by BMS to inform behavioral health providers of program changes or to discuss changes under consideration for which BMS requests input. Training was also provided for services affecting Waiver participants. These meetings are typically also attended by the WVDDC. WVA and the WVDDC are the only advocacy organizations who attend and this provides an opportunity for us and the WVDDC to protect the rights of people with I/DDs during these discussions, particularly when proposed polices and changes clearly contain rights violations. Issues of significance during FY 2016 included:

o Training and updates were provided on the newly implemented WV Clearance for Access: Registry & Employment Screening (CARES) program that is administered by the West Virginia Department of Health and Human Resources (WVDHHR) and the WV State Police Criminal Investigation Bureau (CIB) in consultation with CMS, the Department of Justice (DOJ), and the Federal Bureau of Investigation (FBI). All long-term care facilities and providers licensed by the WV DHHR are required to conduct employee background checks. This includes: nursing homes & skilled nursing facilities; home health agencies; hospice care; long-term care hospitals; long-term residential care; personal care services; adult daycare services; and, intermediate care facilities. WV CARES uses web-based technologies to provide employers a single portal for checking state and national abuse registries and the state and national sex offender registries. The web-based system also provides employers access to Nurse Aide Registries for all 50 states and professional licensure registries where available.

o Updates on the changes related to MTM as the new WV Non-Emergency Medical Transportation provider.

o Continued updates and discussions related to WV's HCBS Transition Plan.

o The requirement for Provider agencies to provide an annual acknowledgement that the Waiver participant had been provided information on abuse and neglect reporting.


People with disabilities who are provided with appropriate community based services resulting in community integration and independence.

4,634



16

Collaborator(s):


Direct advocacy - Medicaid Waivers

A PADD eligible client requested WVA to assist him with the Medicaid Fair Hearing process to help him get the services he needed through the Title XIX Medicaid I/DD Waiver program. He had been denied these additional services because he was "over-budget". His current budget had been assigned when he still lived with his family prior to moving out. WVA attended the client's pre-hearing conference to advocate for him to receive an increase in his services through the Waiver Program due to the change in his living arrangement, which in turn decreased his natural supports. Due to WVA's advocacy in collaboration with his Waiver service provider, the client received an increase in his Waiver services in order to meet his current needs and remain in the community.


People with disabilities who are provided with appropriate community based services resulting in community integration and independence.

8

People with disabilities who were able to stay in their own home. 2

People with disabilities who accessed benefits. 4

People with disabilities who live in a healthier, safer or otherwise improved environment. 2




Collaborator(s):


17

Systemic monitoring - Medicaid

WVA's Executive Director submitted written comments to the draft Medicaid Personal Care Services (PCS) manual and the Home and Community–Based Services (HCBS) Statewide Transition Plan.

WVA continued to criticize the Bureau for Medical Services (BMS) on not providing adequate/appropriate notice to their public forum and public comment period for the State-wide Transition Plan (STP). WVA had the following concerns: both public forums were held in Charleston with no option to attend by phone; the posting was only in one newspaper (which was not a statewide newspaper); BMS did not require evidence that providers notified their clients; and no reference on how to obtain accessible formats or hard copies of materials. This was all evidenced by the low turnout to the public forum meetings.

WVA questioned the Provider Self-Assessment tool as well. We stated that the questions should specify "all individuals" not just "individuals" and there were not questions on visitation, accessible transportation, freedom to decorate, nor questions to obtain details on efforts to support community integration. For the Individual and Family Survey, 13% were surveyed; WVA felt that this was not enough. WVA pointed out to BMS that the lack of Natural Supports should not preclude someone from having access to their community.

WVA felt that BMS' On-Site Reviews should be done with every provider, not just 30%, and that the visits should be unannounced. Having the on-site reviews announced could lead to biased results. WVA also suggested that a team review these sites, not just one designated staff.

WVA is concerned that BMS has stated that they will dis-enroll (stop paying) providers after 45 days when CMS has stated that as long as the transition occurs before March 2019, states can continue to work through the transition. WVA is apprehensive that this could lead to rushed and ill-planned individual transitions. WVA suggested that BMS take a more active role in overseeing the individual transition process.


People with disabilities who accessed benefits. 0


18

In a previous FY, the guardian of a PATBI eligible individual requested WVA's assistance with getting the client's Title XIX Medicaid Intellectual/Developmental Disabilities (I/DD) Waiver provider to allow recreational opportunities, specifically swimming. WVA reviewed the provider's policy on swimming then attended an Inter-Disciplinary Team (IDT) meeting. WVA filed a complaint with the provider alleging that the policy was restricting the client's life opportunities and inclusion in his community. WVA also alleged that the denial of access to recreational activities was a violation of the client's human rights. This complaint was also sent to WV's Office of Health Facility and Licensure and WV Bureau for Medical Services. Due to advocacy provided by WVA, the provider amended their policy. The policy now permits not only the client but all of their participants' access to swimming/water activities where a certified lifeguard is on duty. Although this Service Request was funded by PATBI, all individuals served by this I/DD Waiver Provider are PADD eligible and can potentially benefit from this outcome.

WVA is a member of the WV Olmstead Advisory Council and attended three meetings in FY 2016. The Olmstead Council was established in 2003, and has the following responsibilities: advise the Olmstead Coordinator in fulfilling the responsibilities of the Olmstead Plan and the duties of the Olmstead Office; review the activities of the Olmstead Coordinator; provide recommendations for the long term care institutional and community-based supports systems; issue position papers for the identification and resolution of systemic issues; and monitor, revise, and update the Olmstead Plan and any subsequent work plans. The Olmstead Council is comprised of members with disabilities and/or immediate family members of a person with a disability, advocacy and disability organizations, providers and/or knowledgeable representation of home and community services and supports, state agencies and at-large members.

The Family Support Program (FSP) is established in WV Code and funded by the WV Legislature. The intent of the program is to provide families of individuals with intellectual/developmental disabilities (I/DDs) in their home assistance in obtaining resources needed to maintain that person in their home. WVA attends the State Family Support Council Meetings to hear updates on each Regional Council's activities, as well as updates from the other state council member's activities as they relate to people with I/DDs. The FSP met two (2) times during FY 16. WVA was in attendance at both of these meetings. Two additional meetings were scheduled but were cancelled and not rescheduled. Each Regional Council is working with community members and organizations on getting needed items at a reduced price or donated, due to funding cuts that occurred last fiscal year. Most of the funds requested are for health and safety items: utility bills, dental, respite, adaptive equipment, clothes, etc.

1. Goal Number: 3 Goal Statement: People with Disabilities are Free from Abuse and Neglect.

2. Priorities:

# Priority

1 WVA will investigate or refer for investigation allegations of death or serious injury in which there is probable cause that abuse or neglect was involved.

2 WVA will investigate and monitor alleged abuse/neglect that occurs during acts of seclusion, physical and chemical restraint, use of aversive techniques, excessive force or other punitive methods of controlling individuals with disabilities at state and private facilities, and WV schools that are reported to or discovered by WVA.

19

3 WVA will provide direct advocacy services to individuals who meet WVA’s case selection criteria and are at risk of abuse, neglect, or financial exploitation when requested by the individual or their legal representative.

4 WVA will conduct at least twenty (20) monitoring visits to Intermediate Care Facilities for Individuals with Intellectual Disabilities (ICF/IIDs).


£ Collaboration £ Systemic Litigation


R Investigations of Abuse and Neglect £ Other Systemic Advocacy








Collaborator(s):


Abuse/Neglect Investigations

WVA received notice that a PADD eligible individual who had been served by our state Medley grant passed away due to a choking incident. WVA contacted the WV Office of Health Facility Licensure and Certification (OHFLAC) to make sure they were aware of and investigating this choking death. OHFLAC advised WVA that they had completed an investigation, and the provider submitted a Plan of Correction which was accepted by OHFLAC. The provider was also issued a ban on admissions.





Collaborator(s):


Abuse/Neglect Investigations - seclusion, restraint

WVA received no requests for services nor became aware of the need to take action related to this Priority.




20


Collaborator(s):


Abuse/Neglect - direct advocacy

A PADD eligible client's legal guardian requested WVA's assistance with ensuring that the client's provider was handling the client's finances appropriately. WVA reviewed the client's records, communicated with client's Title XIX Medicaid I/DD Waiver provider regarding discrepancies in the client's financial documentation, and attended the client's inter-disciplinary team review meeting. The client's I/DD Waiver provider confirmed discrepancies in his financial documentation, and reimbursed the client with a check in the amount of $2,213.82.



People with disabilities who had their other rights enforced, retained, restored and/or expanded.

4

People with disabilities who go to school in safer and more humane conditions. 3



Collaborator(s):


ICF/IID Monitoring

WVA completed unannounced monitoring visits at twenty ICF/IIDs. Prior to starting monitoring activities, all ICF/IID providers were sent a letter along with a summary of our PADD access authority to advise them of our plans to conduct monitoring. Advocates completing monitoring activities were not denied access at any ICF/IIDs in the fiscal year. Overall, the ICF/IIDs were clean and well maintained. When WVA had concerns about a particular facility, the Advocate immediately brought them to the attention of a supervisor at the ICF/IID. The Advocate then followed up to ensure the concerns were adequately addressed. When the situation warranted, WVA filed complaints with the Office of Health Facility Licensure and Certification (OHFLAC). In one ICF/IID, WVA had concerns about a bear that regularly visited the home, even coming onto the porch at times. WVA consulted with the West Virginia Division of Natural Resources for possible solutions, which were then shared with the home manager.




21

In FY 2016, WVA rejoined the WV Financial Exploitation Task Force. The focus of the group is to decrease the crimes and exploitation against the elderly and people with disabilities. WVA attended meetings of this group and provided feedback specifically related to issues impacting people with disabilities. WVA also participated on the group's Education Subcommittee. The group closely followed legislation that was related to financial exploitation and provided regular updates to all members. Some members of the group, not including WVA, gave presentations on financial exploitation to the Joint Committee on Public Employees Insurance Agency (PEIA), Seniors and Long-Term Care.

1. Goal Number: 4 Goal Statement: People with Disabilities Have Equal Access to Programs, Services and the Physical Environment as Required by the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, the Architectural Barriers Act and the Fair Housing Act.

2. Priorities:

# Priority

1 WVA will advocate for up to five (5) people with developmental disabilities who meet WVA’s case selection criteria.

2 WVA will provide outreach to organizations throughout West Virginia that serve veterans to offer outreach and education to veterans with disabilities.





£ Monitoring R Training/Outreach







Collaborator(s):


Program Access - direct advocacy

A PADD eligible client's mother requested assistance from WVA to obtain occupational and physical therapies at home for the client, who was not able to attend school for numerous health reasons. WVA requested and reviewed the client's educational records. WVA filed a state complaint to the WV Department of Education to address the school’s refusal to provide physical therapy (PT) and occupational therapy (OT) services for the client at home. WVA attended an IEP meeting, as well as a complaint resolution meeting. An agreement was reached between the parent and the school, therefore the state complaint was withdrawn. The school agreed: (1) to provide OT and PT consultative services one time per nine weeks in the home, with the OT, PT and homebound teacher present; (2) to complete new evaluations for OT and PT; and (3) that the OT would include compensatory services in the home.

22




1




Collaborator(s): Homeless Veterans Advisory Council

Underserved/Unserved/Minorities Targeted? R Yes £ No

Outreach to veterans

In January 2016, WVA sent an outreach mailing to fifty attorneys who represent veterans’ throughout WV and an organization called STANDWATCH, who also serves veterans. The mailing included the following WVA publications and outreach items: a copy of our FY 16 Priorities and Objectives; our agency brochure; a People with Disabilities Work brochure and folder; "Your Guide to WVDRS Services"; a voting newsletter and brochure; a Durable Medical Equipment tip sheet, a PAAT flyer; the "Guide to Early and Periodic Screening, Diagnosis and Treatment" (EPSDT); "It's Your Money, Protect It!" Brochure; a business card, a magnet; and post-it notes with our logo. The letter that went along with these items described other available publications and resources, as well as an offer to provide in-person training and/or outreach. WVA also attended a "Veterans Stand Down" event to reach out to homeless veterans and made plans to attend more of these events in FY 17.

In addition, WV is a member of a Homeless Veterans Advisory Council and attends meetings regularly. The purpose of WVA's involvement with this Council is to provide outreach and training to members as well as to gather information about services available to veterans with disabilities. WVA used these meetings as an opportunity to provide outreach about WVA and network with other members.



0


A PADD eligible client asked WVA to help her get her landlord to put in two accessible doors in her apartment building, not only for her, but for her boyfriend and several other residents with mobility impairments. WVA assessed the measurements of the apartment building's entrance doors and the force in which they opened, and determined that the doors were not within ADA standards. WVA contacted the apartment manager and requested that she take steps to bring the accessibility of the doors within ADA standards. The apartment manager installed a "paddle button" on the side door of the apartment complex and adjusted the force in which the front doors open. WVA completed another assessment of the apartment doors and determined that they are now within ADA standards. This successful advocacy will impact people with various disabilities who reside in or visit this building.

23

1. Goal Number: 5 Goal Statement: People with Disabilities Have Equal Access to Integrated Employment and Employment-Related Services.

2. Priorities:

# Priority

1 WVA will disseminate information to people with disabilities about their disability specific employment rights including their rights under the Workforce Innovation and Opportunity Act (WIOA).

2 WVA will disseminate information to agencies providing services to people with disabilities to educate them about the disability specific employment rights of those they serve including their rights under the Workforce Innovation and Opportunity Act (WIOA).

3 WVA will collaborate with the West Virginia Developmental Disabilities Council (WVDDC) in their efforts to encourage integrated employment options in the community for people with disabilities.



£ Rights-Based Individual Advocacy Services £ Educating Policy Makers









Collaborator(s):


WIOA information to people w/ disabilities

Throughout the FY, WVA used our social media outlets to distribute information about employment rights, training opportunities, and other employment related materials. We continued to gain more knowledge about the Workforce Innovation and Opportunity Act (WIOA) in order to have a better understanding of it as well as to advise others about it.

WVA set up an informational booth at the annual transition event in the Parkersburg area which included over two hundred students with disabilities, families and teachers from several different high schools in the area.

We also send a "transition packet" to all transition-age youth for whom we complete an intake, regardless of the issue being addressed. The transition packet includes our work programs brochure and work folder.


People with disabilities who work in safer and more humane conditions. 0

24



Collaborator(s):


WIOA information to agencies

WVA was invited to set up an outreach table at the annual Consumer Affairs Committee (CAC) conference. Seventy-two people attended this event. Regional CACs throughout the state support and advise the WV Division of Rehabilitation Services (WVDRS) and are comprised of various entities from local communities. The CACs work to empower people with disabilities in making informed choices and achieving equal opportunity, meaningful employment, independent living, and economic and social self-sufficiency.





Collaborator(s): Developmental Disabilities Council


DDC collaboration - employment

The employment workgroup of the WVDDC was not very active in FY 2016, however, when a representative of the WVDDC participated in the planning of WVA's FY 2017 Priorities and Objectives, he advised that this would be a much bigger focus in FY 2017. He asked that we edit the language to specify that the focus will be on the "Employment First" initiative, which we did.




25

At the end of FY 16, a new edition of our Advocare newsletter was created. In honor of National Disability Employment Awareness Month (NDEAM), it will be distributed to our mailing list and available on our social media outlets in October 2016. The entire focus of this edition was employment for people with disabilities and the many paths and resources to employment. It contained articles about the employment and education experiences from two individuals with disabilities, one of whom had developmental disabilities. WVDRS, Work Incentives Planning and Assistance (WIPA), and WorkForce WV contributed articles highlighting the services they offer to assist people to obtain employment. National Disability Rights Network (NDRN) provided an overview of WIOA.

As a result of reaching out to collect information for an article in WVA's Advocare newsletter, WVA was invited to give a presentation to WorkForce WV staff, which included veterans, at the office in Morgantown. The Advocate presented information on WVA, our P&A programs, focusing specifically on employment related issues that we can help to address. In FY 17, WVA plans to offer similar presentations to numerous WorkForce WV offices across WV.

1. Goal Number: 6 Goal Statement: WVA Will Collaborate With Existing Grassroots Networks and Underserved Populations in Conducting Education and Outreach on Disability Related Self-Advocacy.

2. Priorities:

# Priority

1 WVA will actively participate on various committees, coalitions, and other types of groups with grassroots advocacy missions, not including lobbying.

2 WVA will develop and conduct disability rights outreach to educate unserved and underserved populations of people with disabilities about their rights and WVA’s services.












Collaborator(s): Fair Shake Network, People First of WV


26

Grassroots activities

WVA continued to be a member of the Fair Shake Network (FSN). The FSN is a grassroots organization of people with disabilities and other interested parties who are concerned with systems change to ensure people with disabilities get a "fair shake". The FSN provides training and systems advocacy on issues affecting people with disabilities through statewide grassroots, cross-disability activities, including supporting people with disabilities and their families in participating in the legislative process. WVA provided a voting rights presentation during a meeting of the FSN in March 2016. As detailed elsewhere in this report, the FSN often shares information about WVA in their e-mail updates and quarterly newsletters.



0



Collaborator(s):

Underserved/Unserved/Minorities Targeted? R Yes £ No

Outreach

In July 2016, WVA sent an outreach mailing to areas of the state where we receive few, if any, calls. The outreach mailing included the following WVA publications and outreach items: our agency brochure; a People with Disabilities Work brochure and folder; "Your Guide to WVDRS Services"; a voting newsletter, brochure and DVD; a Durable Medical Equipment tip sheet, a PAAT flyer; the "Guide to EPSDT"; "It’s Your Money, Protect It!" brochure; a business card, a magnet; post-it notes with our logo; and, a copy of our Priorities and Objectives. The letter that was enclosed with these items described other available publications and resources, as well as an offer to provide in-person training and/or outreach. This mailing was sent to Family Resource Networks, Committees/Councils on Aging and Senior Centers, and health departments in those areas. The mailing was also sent to United Way agencies and grassroots organizations throughout the state.

WVA renewed our partnership with the Kroger Pharmacy to have WVA's logo, services, and contact information printed on their pharmacy bags in an effort to continue to reach out to underserved populations. Twenty-four thousand bags were purchased in FY 2016 and will be used when filling prescriptions at two Kroger pharmacies in the Northern Panhandle of WV until the supply is depleted.



0


WVA provided financial sponsorship for the annual People First of WV conference to support the work of this statewide self-advocacy group.

27

28

B. Priority Setting Process1. Means by which the P&A conducted data-driven strategic planning, including formal public input

Public Hearing Public Comment

Experience Focus Groups Advisory Council(s)

Monitoring Visits

Research/Data

£ R R £ R R R

Narrative (describe how the P&A conducted data driven strategic planning):

WVA reviewed our database to determine the number of cases that were handled within each of our P&Os during FYs 15 and 16. We also reviewed any new issues that were trending during the year. We asked staff for input based on their experience during the FYs as well.

2. Number of days for public comment: 45

3. Describe efforts to assure diversity (disability, geographic, racial, etc.) in the data-driven strategic planning process

WVA staff forwarded the announcement for our request for public comment to all listservs and organizations in which they participate, many of whom forwarded the announcement. Some of the entities the announcement was sent to included: the WVDRS; the WVUCED; The Arc of the Mid-Ohio Valley; People First of WV; the WVDDC; Legal Aid of WV; the Northern WV Center for Independent Living; the Mountain State Parents, Children's and Adolescents Network (MSPCAN); the Fair Shake Network (FSN); WVDHHR; the Statewide Independent Living Council; Statewide Rehabilitation Council; the Homeless Veterans Advisory Council; the Specialized Family Care Program; WV Department of Education; WorkForce WV offices; WV Office of the Insurance Commissioner; WV Parent, Training and Information (PTI); and various behavioral health service providers. It is anticipated that other organizations also shared the announcement. WVA also ran the announcement in several newspapers around the state, and on our website and Facebook page.

4. A copy of the proposed SGP for comment was provided to the:

State Council on Developmental Disabilities: Yes

The University Centers for Excellence in Developmental Disabilities Education, Research and Service: Yes

5. Summary of Findings

The comments we received supported the need to continue all of our existing Goals. There continues to be a problem with bullying of children with disabilities in school and the way this is being handled. There is also clearly a great need for special education related advocacy. Employment issues are of concern in the disability community, especially as it relates to integrated and gainful employment for people with developmental disabilities. Another re-occurring topic was that several individuals with developmental disabilities are committed to state psychiatric hospitals with no available and adequate services and supports in the community for them to be discharged.

6. Summary of How Data was used to Develop P&A Goals and Priorities (include how priority input used, including input from the DDC and UCEDD)

29

The WVA BOD invited a group of stakeholders, including a representative from the DDC, as well as WVA's management team and staff, to participate on the P&O Development Committee. WVA's BOD and PAIMI Advisory Council Chair participated on this Committee. Comments received were distributed to the Committee for review. A meeting was held with the stakeholders to discuss the comments and finalize the draft P&Os. WVA and other stakeholders considered all comments received in finalizing the FY 17 P&Os. The P&Os were approved by the WVA BOD July 2016.

7. List of topic areas of additional priorities that would be listed but are not due to lack of resources

NA

30

C. FY 2017 [10/01/16 - 09/30/17] Statement of Goals and Priorities (SGP)£ There are no changes to the SGP from prior year R There are changes to the SGP

1. Goal Number: 1 Goal Statement: Children and Youth with Disabilities Receive a Free and Appropriate Public Education in the Least Restrictive Environment.

2. Priorities:

# Priority

1 WVA will monitor to determine if the West Virginia Department of Education (WVDE) and each county school system are complying with the Unites States Department of Justice (USDOJ) directives for addressing bullying.

2 WVA will provide direct advocacy services on behalf of students with disabilities relative to bullying, suspensions, expulsions, out-of-school environment, and alternative education placements for up to five (5) PADD eligible individuals.

3 WVA will use social media to post information about special education at least one (1) time per quarter.

4 WVA will 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.





R Monitoring R Training/Outreach

4. Rationale for Adding/Changing Goal

NA

5. Rationale for Adding/Changing Priorities

NA

1. Goal Number: 2 Goal Statement: People with Disabilities are Able to Live in the Community Setting of Their Choice with Individualized Supports, Services and Protections as Ordered in the Olmstead Decision.

2. Priorities:

# Priority

1 WVA 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 access to self-direction, choice of providers and quality services in their home community.

2 WVA will provide direct advocacy services for up to 20 PADD eligible individuals found eligible for services under the three Medicaid Title XIX Home and Community Based Waiver programs in West Virginia to ensure access to self-direction, choice of providers and quality services in their home community.




31

£ Investigations of Abuse and Neglect R Other Systemic Advocacy



NA


We removed the priority related to monitoring changes to WV Medicaid since this is no longer a pressing issue. Should it again become an issue of concern, we will begin to monitor again.

1. Goal Number: 3 Goal Statement: People with Disabilities are Free from Abuse and Neglect.

2. Priorities:

# Priority

1 WVA will investigate, refer for investigation or monitor allegations of death or serious injury in which there is probable cause that abuse or neglect was involved, including alleged abuse/neglect that occurs during acts of seclusion, restraint, use of aversive techniques, excessive force or other punitive methods of controlling individuals with disabilities at state and private facilities, and WV schools that are reported to or discovered by WVA.

2 WVA will provide direct advocacy services to individuals who meet WVA’s case selection criteria and are at risk of abuse, neglect, or financial exploitation when requested by the individual or their legal representative.

3 WVA will conduct at least twenty (20) monitoring visits to Intermediate Care Facilities for Individuals with Intellectual Disabilities (ICF/IIDs).




R Investigations of Abuse and Neglect £ Other Systemic Advocacy



NA


Based on our data and input from the group who met to create the goals and objectives, we combined priorities 1 and 2 related to abuse/neglect investigations.

1. Goal Number: 4 Goal Statement: People with Disabilities Have Equal Access to Programs, Services and the Physical Environment as Required by the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, the Architectural Barriers Act and the Fair Housing Act.

2. Priorities:

# Priority

1 WVA will advocate for up to 6 people with developmental disabilities who meet WVA’s case selection criteria.

32

2 WVA will provide outreach to organizations throughout West Virginia that serve veterans to offer outreach and education to veterans with disabilities.







NA


Our only change was to increase the number of people we plan to serve based on the previous year's data.

1. Goal Number: 5 Goal Statement: People with Disabilities Have Equal Access to Integrated Employment and Employment-Related Services.

2. Priorities:

# Priority

1 WVA will disseminate information to people with disabilities about their disability specific employment rights including their rights under the Workforce Innovation and Opportunity Act (WIOA).

2 WVA will disseminate information to agencies providing services to people with disabilities to educate them about the disability specific employment rights of those they serve including their rights under the Workforce Innovation and Opportunity Act (WIOA).

3 WVA will collaborate with the WVDDC in their efforts to encourage integrated employment options and “Employment First” initiatives for people with disabilities.







NA


Due to input from the WVDDC, the 3rd priority related to collaboration with them was reworded to specifically address the "Employment First" initiative.

1. Goal Number: 6 Goal Statement: WVA Will Collaborate With Existing Grassroots Networks and Underserved Populations in Conducting Education and Outreach on Disability Related Self-Advocacy.

2. Priorities:

33

# Priority

1 WVA will actively participate on various committees, coalitions, and other types of groups with grassroots advocacy missions, not including lobbying.

2 WVA will develop and conduct disability rights outreach to educate unserved and underserved populations of people with disabilities about their rights and WVA’s services.







NA


NA

1. Goal Number: 7 Goal Statement: People with disabilities who are institutionalized in psychiatric facilities in WV are aware of and able to exercie their rights.

2. Priorities:

# Priority

1 WVA will collaborate with the WVDDC and other relevant entities to ensure that individuals with intellectual/developmental disabilities are discharged from the two state psychiatric hospitals to the community in a timely manner with appropriate placements and supports.







We became aware of the Clinical Adult Review Process (CARP) in regard to discharging PADD eligible individuals from the State psychiatric hospitals. We will follow up with the West Virginia Bureau for Behavioral Health and Health Facilities (BBHHF) for further clarification.


see above

34

D. Description of P&A Operations1. Provide a description of how the P&A operates. Include information on how the P&A coordinates the PADD program with other Protection and Advocacy programs administered by the State Protection and Advocacy System. This description must include the System’s processes for intake, internal and external referrals, and streamlining of advocacy services.

WVA employs a Program Director, a Data Report Specialist, Advocates and Attorneys who are trained to assist individuals with disabilities. The services available range from information and referral to litigation.WVA has a centralized intake process. The purpose of WVA's intake process is to review requests for services in order to ensure that this agency complies with laws and regulations, follows our funding guidelines and fulfills our chosen priorities. WVA is equipped to receive requests for assistance by telephone including TDD/relay service for hearing impairment, walk-in, mail, e-mail, and facsimile transmissions (fax). Arrangements can also be made for in-person intakes if needed. Intake calls are received by the administrative staff in WVA's main office. Intake Advocates complete the intake forms, enter the intake into the Disability Advocacy Database (DAD) within 1 working day of filling out the intake form and present to the Intake Review Committee (IRC). The IRC consists of the Program Director or a designated member of the management team, each staff performing intake duties and a staff attorney. The role of the IRC is: to determine the correct program eligibility; to have the Program Director or designated member of the management team involved in all Service Requests; to ensure the integrity of the data; to have legal oversight in all Service Requests including Information and Referral (I&R); to ensure that Service Requests being assigned are consistent with WVA's Priorities and Objectives; to determine if the Service Request will be handled as an I&R or be assigned to an advocate or attorney; to determine the type of service that WVA will provide; to develop the initial Advocacy Plan; and to develop the Goal for the Service Request. All callers who complete an intake receive written responses unless they request otherwise. Service Requests are assigned within 1 business day of the IRC meeting. Information and Referral (I&R) follow up letters are to be sent within 7 calendar days of the IRC meeting.

WVA has developed a Protection, Advocacy and Litigation Manual to guide all staff in carrying out their duties.

2. Will the System will be requesting or requiring fees or donations from clients as part of the intake process? No

3. Collaboration and Coordination:

a. Describe how the P&A is collaborating with others in the State, including the DDC and UCEDD.

35

WVA shares information we receive from various listservs and other electronic information sources on changes in regulations, and laws and practices of interest to the DD community. The DDC reciprocates with information they receive as well. This is an important partnership because each organization has both different and common focuses, therefore we have different information sources and each receives information, frequently important and time-sensitive about policy changes, new Medicaid changes, public comment periods, etc. that the other might not be aware of or be aware of as quickly. WVA and the DDC both have websites and FaceBook pages and we cross-post trainings and other activities each agency provides or supports. WVA is also involved with the DDC's "Employment First" initiative as described in the SGP section of this report.

WVA continues to be an active participant in the West Virginia University Center for Excellence in Disabilities (WVUCED) Advisory Council. We also continue to work with the DDC to distribute the Parent's Advocacy Guide to Special Education described elsewhere in this report.

b. Describe how the P&A is reducing duplication and overlap of services and sharing of information on service needs.

During the intake process, callers are asked if they are receiving advocacy from any other agency or attorney. WVA does not duplicate services that are being provided by another agency or attorney. WVA's legal department provides technical assistance in disability rights issues to other attorneys when requested. As reported previously, WVA works closely with the DDC, UCED and other entities to ensure we are not duplicating services being offered or provided by another entity. We also work together in sharing and/or developing resources for people with I/DDs, their families and providers.

36

Part III: Results of P&A ActivityOverarching Outcome Statement:

People with disabilities exercise their civil, human and legal rights.

A. End outcomes related to P&A activitiesPerformance Measurement Number

1. People with disabilities who are provided with appropriate community based services resulting in community integration and independence.

4,648

2. People with disabilities who accessed benefits. 1,255

3. People with disabilities who live in a healthier, safer or otherwise improved environment. 7

4. People with disabilities who were able to stay in their own home. 3

5. People with disabilities who work in safer and more humane conditions. 0

6. People with disabilities who go to school in safer and more humane conditions. 6

7. Students with disabilities who stayed in school. 0

8. Children with disabilities receiving appropriate services in most integrated settings. 17

9. People with disabilities who had their other rights enforced, retained, restored and/or expanded.

33,010

10. Public and private places/services made more accessible. 0

By Intervention Type

End Outcome Technical Assistance

Individual Advocacy

Abuse & Neglect

Investigations

Systemic Litigation

Educating Policy Makers

Other Systemic Advocacy

1 0 14 N/A 0 4634 0

2 0 5 N/A 0 1250 0

3 0 7 0 0 0 0

4 0 3 N/A 0 0 0

5 0 0 0 0 0 0

6 0 6 0 0 0 0

7 0 0 N/A 0 0 0

8 0 17 N/A 0 0 0

9 0 10 N/A 0 0 33000

Total 0 62 0 0 5884 33000

10 0 0 N/A 0 0 0

B. Overview of how many people with disabilities served

37


1. People with disabilities receiving individual advocacy services to exercise their civil, human and legal rights.

81

2. Abuse and neglect investigations to protect people with disabilities from abuse and neglect.

2

3. People with disabilities receiving information, technical assistance and referral services. 175

4. People with disabilities trained to become active participants in making decisions that affect their lives.

0

5. People whose rights were advanced through class and/or systemic impact litigation. 0

6. People with disabilities whose rights were enforced, protected or restored as a result of non-litigation group advocacy.

33,000

7. People with disabilities who received a lower level of services due to lack of P&A resources.

0

8. People with disabilities impacted by one or more provision(s) in law modified or prevented.

0

C. Rights-Based Individual Advocacy ServicesOutcome Statements

• People with disabilities exercised their rights because of access to rights-based and/or legal advocacy services.

• The P&A protected rights of individuals with disabilities through legal and rights-based advocacy in accordance with the retainer agreement or similar agreement between the client and the P&A.

• The P&A took action to protect the rights of people with disabilities to be free from abuse, neglect or discrimination.


1. People with disabilities who had their rights enforced and/or restored. 50

2. People with disabilities who were assisted in obtaining access to administrative or judicial processes.

0

3. Closed cases in which client objective was met or partially met. 54

D. Investigations of abuse and neglectOutcome Statement

• The P&A takes action to protect the rights of people with disabilities to be free from abuse and neglect.


1. Investigations (not death related). 2

2. Investigations of abuse and neglect completed with a finding or determination (not including death investigations).

0

38

E. MonitoringOutcome Statements

• People with disabilities live, work and go to school in safe and humane conditions.• People with disabilities are provided with appropriate community-based services so that they can live

as independently as possible.

Facilities/Programs MonitoredUnique Facility Facility Type Facility

CapacityLocation

(By County)# of Visits

Court Ordered

Monitoring?Yes/No

Autism Service Center's Betsy Broh House

Intermediate Care Facilities (ICF)

6 Cabell 1 No

Northwood Health System's Riverview Group Home


6 Marshall 1 No

Potomac Center's Birch Lane Group Home


6 Hampshire 1 No

REM Arlington Intermediate Care Facilities (ICF)

8 Marshall 1 No

ResCare's 6th Street West Group Home


4 Cabell 1 No

ResCare's B-U Group Home Intermediate Care Facilities (ICF)

6 Upshur 1 No

3. Death investigations. 2

4. Death investigations completed with a finding or determination. 0

5. People with disabilities who benefitted from the findings of investigations of abuse and neglect.

0

6. Provisions in policy added or prevented. 0

Other Qualitative ResultsReport additional information related to investigations not already reported in Part II.

WVA completed a secondary investigation to determine if the safety of a PADD eligible client being served by our state Medley grant after an incident of sexual abuse was reported. WVA reviewed internal investigation reports from the Title XIX Medicaid I/DD Waiver provider, and reviewed the OHFLAC report, as well as communicated with the City Police Department about their ongoing investigation. In collaboration with the legal guardian, WVA communicated our concern to the I/DD Waiver provider regarding their decision to permit the alleged perpetrator to visit the client at her home. As a result of WVA's advocacy and collaboration with the guardian, the provider has agreed not to permit the alleged perpetrator to visit the client.

39

ResCare's Barbour Street Group Home


8 Upshur 1 No

ResCare's Chafin Hall Group Home


8 Cabell 1 No

ResCare's Cornell Street Group Home


8 Mineral 1 No

ResCare's Cross Lanes Group Home


8 Kanawha 1 No

ResCare's East End Group Home


8 Kanawha 1 No

ResCare's Fairmont Group Home


8 Marion 1 No

ResCare's Gaboya Place Group Home


8 Berkeley 1 No

ResCare's Gihon Road Group Home


8 Wood 1 No

ResCare's Kenova Group Home


8 Wayne 1 No

ResCare's Main Street Group Home


8 Harrison 1 No

ResCare's McGhee Hall Group Home


8 Cabell 1 No

ResCare's Montvue Group Home


8 Greenbrier 1 No

ResCare's Thompson Group Home


8 Mercer 1 No

ResCare's Woodward Children's Home


4 Kanawha 1 No

Total Number of Unique Facilities: 20


1. People with disabilities whose living, working and/or other circumstances were monitored by P&A.

144

2. Cases opened for health and safety issue investigation. 0

3. Health and/or safety violations validated by the P&A. 0

4. Rights violations (not health or safety and including quality of life) identified and addressed as a result of P&A monitoring.

1

5. Complaints referred to regulatory agencies or investigative organizations. 2

6. Times P&A access was denied during a monitoring/access attempt. 0

7. Times denial of P&A access was successfully resolved. 0

40

Other Qualitative NarrativeDescribe P&A’s overall approach and strategy for monitoring activities

See the Goal and Priorities narrative for details about the ICF/IID monitoring WVA conducted in FY 16. We plan to monitor another twenty ICF/IIDs in FY 2017. A workgroup was formed to determine which ICF/IIDs will be monitored. The workgroup looks at: different geographic areas of the state; providers of concern based on WVA's cases, news stories, and other reports; OHFLAC reports; and ICF/IIDs we've already monitored. We are in the process of developing written procedures for our monitoring activities and updated forms for all advocates to use for consistency.

F. Systemic LitigationOutcome Statements

• Rights of individuals with disabilities are advanced through class and/or systemic and/or systemic impact litigation.

• Through systemic or class litigation, obtain changes in policy, regulations and law that will benefit individuals with disabilities and/or prevent creation or implementation of policy, regulations or law that would harm individuals with disabilities.

• Settlements or judgments resulting from P&A systemic litigation positively impact the rights and interests of people with disabilities.


1. Systemic or class action lawsuits handled for the benefit of people with disabilities. 1

2. Provisions in policy modified or prevented. 1

3. Provisions in regulation modified or prevented. 0

4. Provisions in law modified or prevented. 0

5. Lawsuits addressing systemic issues resolved by settlement. 1

6. Lawsuits addressing systemic issues resolved by judgment. 0

7. Amicus briefs signed onto or filed. 0

8. People with disabilities whose rights were advanced as a result of amicus participation. 0

G. Educating PolicymakersOutcome Statement

• Statutes, ordinances and regulations will benefit individuals with disabilities.


1. Communications to people with disabilities explaining a policy initiative. 0

2. People with disabilities supported in expressing their own viewpoint on a policy related matter.

0

41

3. Times written comments were submitted regarding proposed legislation or regulations. 0

4. Times testimony was provided at a legislative public hearing. 0

5. Provisions in regulation modified or prevented. 0

6. People with disabilities impacted by the regulation provision(s) modified or prevented. 0

7. Provisions in law modified or prevented. 0

8. People with disabilities impacted by one or more provision(s) in law modified or prevented.

0

9. Provisions in ordinances modified or prevented. 0

H. Other Systemic AdvocacyOutcome Statement

• The rights of individuals with disabilities are advanced through non-litigation group advocacy.


1. Changes in practices made or prevented. 0

2. Provisions in policy modified or prevented. 0

I. Information, Technical Assistance and ReferralsOutcome Statement

• People with disabilities, family members and others will receive basic disability related information and referral services.


1. People receiving information and referral services. 174

2. People receiving technical assistance. 1

3. Self-advocacy materials published or revised. 13

4. Self-advocacy materials distributed. 2,265

J. TrainingOutcome Statements

• People with disabilities have the skills necessary to conduct effective self-advocacy.• People with disabilities have knowledge necessary to be an effective self-advocate.• Family members and additional groups are provided information about laws and policies affecting

individuals with disabilities as the P&A determines useful.

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1. People who report the training enhanced their knowledge and/or skill (was beneficial) at the completion of the training.

7

2. People with disabilities who received advocacy skills training. 66

3. People with disabilities who received rights training. 66

K. Public Relations and OutreachOutcome Statements

• The public will become more aware of the existence and mission of the P&A.• The public will become more aware of the content of disability rights laws and regulation and of

disability rights issues.


1. Press releases issued. 0

2. Times a P&A representative was interviewed or featured on TV or radio. 1

3. Articles about the P&A or its work in external mass media such as newspapers, radio, podcasts, blogs or television.

2

4. Social media followers. 819

5. Absolute unique visitors to blogs/web pages where information about the P&A is posted. 39,095

6. Circulation of the P&A’s newsletter and/or listserv updates. 3,720

7. Articles by the P&A about disability rights issues published in newspapers, books, journals or magazines.

0

8. Links to other disability rights related information sources published on the P&A website. 1,248

9. Times the P&A exhibited at conferences, community fairs, etc. 12

10. Presentations made to community groups. 15

Other Qualitative NarrativeDescribe any innovative or significant P&A activity related to public relations and/or outreach (to include unserved and underserved populations/communities, and outreach to self-advocates)

WVA continues to maintain a Facebook page. We include information about upcoming events and training available to people with disabilities that are sponsored by WVA as well as other organizations who serve individuals with disabilities. We also provide information on changes in disability laws and rules as well as current issues of interest to people with disabilities, including special education issues. There are currently 819 "Friends" of our Facebook page. According to WVA's latest Facebook page statistics, WVA reached an average of 3,652 people in the last month of the fiscal year. People and agencies who "like" our page are viewing and sharing many things we post on a regular basis.

WVA purchased a full-page ad in the Celebrate Youth event booklet, sponsored by Youth Service Systems, detailing the services we offer. This event was attended by over 7,000 people per the related article in the

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Wheeling News Register (http://www.theintelligencer.net/news/community/2016/08/thousands-attend-youth-services-systems-celebrate-youth-festival-at-wheeling-park/). Our invitation to participate in this event occurred because of our participation in another outreach event in that area of the state.

See also the narrative in Part II A of this report related to additional outreach to un/underserved populations and areas of the state.

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Part IV: CollaborationsUse the boxes below to report on collaborative and coordination efforts with the following client assistance program (unless housed within the P&A), long term care ombudsman (unless housed within the P&A), developmental disabilities council, center(s) for excellence (university affiliated program) and any parent training centers. This is another place to describe collaboration with unserved/underserved communities/groups/populations and discuss collaboration with self-advocates. Optional: Add boxes to report on other major collaborations.

Check one or more of the following boxes if the P&A houses any of these programs.

R Client Assistance Program £ Long Term Care Ombudsman £ Parent Training Center

Name of Collaboration Federal Emergency Management Agency (FEMA)

Description of collaboration

A devastating flood occurred in West Virginia on June 23, 2016. The Governor declared a state of emergency in 44 of the 55 counties. On June 25, 2016, President Obama declared West Virginia a major disaster area. The Federal Emergency Management Agency (FEMA) was called to respond to the flooding. A group of stakeholders representing the disability community in West Virginia began holding meetings with the FEMA Office of Disability Integration and Coordination and Portlight Inclusive Disaster Strategies. WVA was among the stakeholders who participated in daily calls with the FEMA. FEMA provided updates from the Emergency Shelters and the Disaster Recovery Centers. The unmet needs of people with disabilities was discussed and the group would discuss how best to meet those needs.

Role of P&A within the collaboration

WVA was invited to sit in on planning meetings for building portable classrooms and new permanent school buildings, to give input into accessibility and/or universal design. WVA conducted outreach activities to the emergency shelters to provide information on how we could be contacted in case a disability related problem arose. WVA created a flier that was distributed at shelters to explain how we may be able to help. Two staff from WVA attended training provided by FEMA to develop disaster plans in local communities.

Name of Collaboration Developmental Disabilities Council


See Sections 2A, 2B and 2D for details about WVA's collaboration with the DDC.

WVA continues to be a member of the Working Interdisciplinary Networks of Guardianship Stakeholders (WINGS) program for West Virginia, in which the DDC is also a collaborator. WV WINGS states as its' objective: "For the state's highest court to partner with community agencies and groups in establishing and maintaining a WINGS entity to identify strengths and weaknesses in the state's current system of adult guardianship and less restrictive decision-making options; address key policy and practice issues; engage in outreach, education and training; and serve as an ongoing problem-solving mechanism to enhance the quality of care and quality of life of adults in or potentially in the guardianship and alternatives system."

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WVA has been involved with WINGS since its inception in 2014. The WINGS group is a collaboration of numerous entities including: Legal Aid of WV, American Bar Association Commission on Law and Aging, WV Statewide Independent Living Council, WV Developmental Disabilities Council, American Association of Retired Persons, WV Supreme Court of Appeals, Social Security Administration, and WV Senior Legal Aid.

In Addition, WVA participated in the DDC’s public forums for gathering input into their annual plan.

Name of Collaboration Mountain State Justice


In September 2015, WVA began formal discussions with Mountain State Justice (MSJ) about filing a lawsuit to address the issue of an apparent conflict of interest for court-appointed guardians who are employed by the DHHR. Attorneys and advocates at both WVA and MSJ had encountered situations in which a DHHR guardian indicated that they could not, or would not, act in a client's best interests or permit them to access their due process rights because to do so could put the client in conflict with what was in DHHR's best interests.


WVA and MSJ consulted with attorneys from the National Disability Rights Network (NDRN) about strategies and legal issues associated with potential litigation. Early in FY 2016, a lawsuit was filed against DHHR in Kanawha County Circuit Court by MSJ acting as WVA's counsel. In response, DHHR immediately changed their guardianship policy to include specific language about "the duty to act in the best interest of the protected when assisting in making personal decisions…" which then resulted in a consent order. MSJ was also awarded $25,000 in attorney fees for this action.

Name of Collaboration Parent Training and Information Center (PTI)


The Parent's Advocacy Guide to Special Education described in Section 2A of this report is regularly used by PTI to train parents. They often contact WVA to request more copies of the Guide. PTI also refers parents to WVA when advocacy services are needed.


WVA sends PTI copies of the Guide upon request.

Name of Collaboration WV Advisory Committee to the US Commission on Civil Rights

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Near the end of FY 2016, WVA became a member of the WV Advisory Committee to the US Commission on Civil Rights. The purpose of each meeting is to discuss project planning of the "Mental Health Project" and topics for the Committee's future civil rights review. Topics include police officer training, mental health courts, and other issues that concern people with disabilities. Some of the collaborators in WV include: Mountain State Justice; the WV Human Rights Commission; and the WV Public Defenders Office.


Meetings are held by monthly conference calls. WVA's staff attorney participated in two of the calls.

Name of Collaboration WV Early Intervention Interagency Coordinating Council


WVA was a member of the WV Early Intervention Interagency Coordinating Council (WV ICC). The ICC was established in 1987 in compliance with the federal regulations governing state early intervention systems that address the needs of infants and toddlers, ages birth to three, eligible under Part C of the Individuals with Disabilities Education Act (IDEA). These regulations require each state to establish a state interagency coordinating council to advise and assist the lead agency in the development and implementation of the Part C statewide system. The ICC advises and provides input on: policies; coordination of public agencies; implementation of the Birth to Three Program; provision of services for children age 3 to 5; and integration of services for families. The Council reviews professional tools and professional training materials and curriculum used with families. Outcome data for the program is monitored by the Council; an annual report is reviewed by the Council. WVA attended four of the ICC meetings in FY 2016, including their annual retreat in June, 2016.


WVA used these meetings as opportunities to reach out to attendees in order to provide information about our programs and services.

Name of Collaboration WVU Center for Excellence in Disabilities (UCEDD)

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WVU CED's WV Assistive Technology System (WVATS) summer newsletter included information about the Parent's Advocacy Guide to Special Education (described elsewhere in this report). A copy can be found at: http://wvats.cedwvu.org/newsletters/summer2016.php

WVA was invited to take part in the WVU Center for Excellence in Disabilities (CED) Access for All television program, which aired in September 2016. During this half hour show, the Advocate explained each of the federal programs, including PADD. Access for All is aired on the Library Television Network (LTN). All shows on LTN are aired twenty times per month, available at 172 public libraries and on LTN's streaming video page. The program can be viewed at: http://wvadvocates.org/news/2016/09/27/ceds-access-for-all-on-west-virginia-advocates/


WVA continues to be an active participant in the West Virginia University Center for Excellence in Disabilities (WVUCED) Consumer Advisory Council. WVUCED is the lead agency in WV for the Assistive Technology System (WVATS). They are also the lead agency in WV for the Traumatic Brain Injury Program. WVA's Executive Director participated in two Council meetings in FY 2016.

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Part V: Governance and ComplianceA. Board and staff race and ethnicity

Race/Ethnicity Board Employees

1. Hispanic/Latino (of any race) 0 0

Race/Ethnicity(NOT Latino/Hispanic)

Board Employees

2. American Indian/Alaskan Native 0 0

3. Asian 0 0

4. Black/African American 1 1

5. Native Hawaiian/Other Pacific Islander 0 0

6. White 10 22

7. Two or more races 0 0

8. Race/Ethnicity Unknown 0 0

TOTAL 11 23

B. Consumer involvement in P&A governanceBoard

PADD Eligible Primary Consumers 3

PADD Eligible Secondary Consumers 2

Other Eligible Primary Consumers 2

Other Eligible Secondary Consumers 2

TOTAL Membership 9

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Part VI: General Program InformationA. P&A IdentificationName of state, territory or jurisdiction WV

Name of P&A system WEST VIRGINIA - West Virginia Advocates, Inc.

B. Main OfficeMailing Address of Main Office Litton Bldg., 4th Floor

1207 Quarrier StreetCharleston, WV 25301

Phone Number of Main Office 304-346-0847

C. Satellite OfficesName Mailing Address

West Virginia Advocates, Inc. - Clarksburg Office Colonial Gateway Office Park2413 East Pike Street, Suite 125Clarksburg, WV 26301-9117

D. CEO Contact InformationName of P&A CEO Susan Given

Phone Number of P&A CEO 304-346-0847

Email Address of P&A CEO [email protected]

E. PPR Preparer Contact InformationName of Preparer Jodi Calissie

Title of Preparer Data Report Specialist

Phone Number of Preparer 304-346-0847

Email Address of Preparer [email protected]

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Documents

Protection and Advocacy for Individuals with Developmental ... · 2. Acquired Brain Injury 0 3. ADD/ADHD 0 4. AIDS/HIV Positive 0 5. All Other Disabilities 0 6. Autism 29 7. Auto-immune