Advocare

Fall 2007

A Publication of the West Virginia Advocates, Inc.

WVA Programs

Protection and Advocacy for Traumatic Brain Injury

Success Stories

WVA assisted a student who was placed on home bound instruction after the school found the student eligible for Special Education, but failed to develop an IEP. The Local Education Agency (LEA) was threatening to expel the student based on an incident that was outside of and unrelated to the school.

WVA investigated, reviewed records and attended a manifestation determination meeting.

WVA helped the student remain in school and receive appropriate educational services.

WVA is an active member of the Ohio Valley TBI (OVTBI) Advisory Council with the Ohio State University, Columbus.

This is a collaborative group that includes members from WV, Ohio, Michigan, Pennsylvania and Virginia.

The group provides input to the OVTBI Center, is a resource for consumers, providers and Brain Injury Associations in the Ohio Valley, and provides speakers and training programs on TBI issues.

PATBI News

In May 2007, in anticipation of a status hearing in the E.H., et al. v. MATIN, et al. case more commonly referred to as the "Hartley Case", West Virginia Advocates (WVA) made several recommendations for the Court to consider regarding the unresolved issue of services to individuals with traumatic brain injuries (TBI). For nearly six years, the West Virginia Department of Health and Human Resources has been charged with finding a way to fund services for individuals with TBI. WV DHHR's efforts have been marginal at best. WVA's recommendations were as follows:

  1. WVA recommended that the State of West Virginia be required to restore funding to the Traumatic Brain/Spinal Cord Injury Advisory Board.
  2. WVA recommended that the Court require the State of West Virginia to establish a dedicated funding source for the development, implementation and coordination of services to West Virginians with TBI.
  3. WVA recommended that the Court recognize that the good faith efforts of the Court Monitor and the TB/SCI Board were ignored by the State of West Virginia and require the State of West Virginia to comply with this court order, as they have totally failed to do so.
  4. WVA recommended that the Court require the State of West Virginia to fully comply with the Hartley Court Order related to TBI services.

At the hearing held in Kanawha County Circuit Court on May 10, 2007, Judge Bloom ordered mediation between the parties and appointed Nick Casey to oversee the mediation process. WVA felt the outcome of the mediation fell far short of the recommendations made. On July 3, 2007, Judge Bloom issued an order as a result of an agreement reached between the parties of Dan Hedges, Mountain State Justice, Stephen Small, WV Department of Health & Human Resources Senior Assistant Attorney General, and David Sudbeck, Behavioral Health Ombudsman. The agreement establishes a System of Service for individuals with traumatic brain injuries and related behavioral health needs.

The TBI System of Service will be monitored by the TBI Oversight Group. This group will consist of the Behavioral Health Ombudsman, representatives of West Virginia University Center for Excellence and Disabilities (WVUCED), the WV Division of Rehabilitation Services, and individuals with TBI and/or family members of individuals with TBI. The TBI Oversight Group will decide upon a TBI Coordinator who will hire 6 regional staff with expertise in TBI service coordination. WVUCED is specified as the contracted agency that will provide the Coordinator and regional staff.

The goals for the TBI System of Service are as follows:

  1. Identify needs of the individuals;
  2. Develop a system to integrate new services with existing services;
  3. Compile data from which to derive strategies for securing funds;
  4. Develop a state-wide system of resource coordination; and
  5. Promote self- advocacy.

The West Virginia Bureau for Behavioral Health and Health Facilities (BHHF) will be required to provide $1,000,000 for the program's initial phase. The initial phase resources are for data collection and system analysis and will not pay for any direct services to TBI survivors or their families. One of the key responsibilities of the TBI Oversight Group and the TBI Coordinator is the development of a plan to secure adequate, permanent state funding for the System of Service for the final phase. The goal for full state-wide execution of the System of Service is April 2009.

WVA is particularly concerned about the failure of the order to provide any funding for direct services to survivors of TBI and the lack of any binding language requiring WVDHHR to provide these funds in the future. WVA has requested to be a member of the TBI Oversight Group and will continue to monitor the WV Department of Health & Human Resources' compliance with court orders to develop and provide services for individuals with TBI.

Susan Given, Program Director