Transcript of “Rights Here, Rights Now.” –

Episode 34 dLCV's Work in Institutional Settings

Produced by the disAbility Law Center of Virginia.                                                            

[INTRO]:                      The information provided on this podcast does not, and is not intended to, constitute legal advice. Instead, all information, content and materials available are for general informational purposes only.

[Enter host, Virginia Pharis]:

 

[Virginia]:                   Welcome to Rights Here, Rights Now!  A podcast about disability advocacy and activism. I'm your Advocate host, Virginia Pharis.

 

[Enter host, Laura Sinclair]:

 

[Laura]:                       And I'm your Advocate host, Laura Sinclair.

 

[Virginia]:                   Every two weeks we dig into to relevant issues, current events, and avenues for self-advocacy.

 

[Laura]:                       Because someone has to.

 

[Virginia]:                   And it might as well be us!

 

[Laura]:

This podcast is produced by the disAbility Law Center of Virginia, the Commonwealth’s protection and advocacy agency for disability rights. Find out more at: www.dlcv.org.

 

[Enter, once again, Virginia Pharis & Laura Sinclair, hosts.]

 

[Virginia]:                   So Laura… today we are venturing into something that..for once, FOR ONCE, in the like, 50 some episodes of this podcast, I actually know something about.

 

[Laura]:                       And, we are very excited, because- we are going to be joined by a REALLY don’t know much about this topic, & I can’t wait to see the conversation between two smart women.  J

 

[Virginia]:                   Haha! Yes! Rebecca Herbig, my supervisor and manager of the IRU Unit; [the Institutional Rights Unit] is going to be, telling us all about what the Instutional rights unit at DLCV does, what we can help folks with, & how they can request help. But before we jump into that, let’s check out disability in the news.

 

[News Segment]:       “Nike recently introduced a brand new sneaker, the GOFLY—EASE, a sneaker that can be taken on and off, completely hands free! The shoe has a design similar to a large rubber band, that allows the shoe to open smoothly and close. It remains secure in both positions. This is JUST the latest design in the FLY EASE Collection- an adaptable line created by Nike in 2015, after a teenager with cerebral palsy, reached out to Nike, because he wanted to be able to INDEPENDENTLY put his shoes on!! J Currently, the shoe is only available to NIKE members by invitation BUT, it will be broadly available later this year.

 

[VIRGINIA]:                 Okay, so we’ve got a special treat for you guys today! We have the fabulous Rebecca Herbig, Esquire, (LOL! :D) Who we all call Becca. She is the manager of DLCV’s Institutional Rights Unit and A Staff Attorney & she is…my personal supervisor who I have had the pleasure of working with for a couple years. Welcome, Becca!

 

[Enter, dLCV advocate, Becca Herbig.]

 

[Rebecca]:                   Thank you- I’m so excited to be here with y’all, today. J

 

 

[Laura]:                       Thank you so much, Becca, we are so glad to have a conversation with you & to share with our listeners another facet of what we do here at the Disability Law Center of

Virginia. So, welcome, thank you, we would love to just dive right in & talk a little bit about what the Institutional rights unit IS, uh, and why folks might be interested in the work that we do there.

 

 

[Becca]:                       Sure, so: We have a number of different units here- where we sort of separate our work out into segments where we can specialize. So, the Institutional Rights Unit, is a unit that focuses on assisting and providing services for ADULTS, with disabilities, who are in what we would consider a facility, or, an institutional place.

 

 

[Virginia]:                   So, that term is like…pretty broad. So, Sort of for our purposes, how are you defining [the term] facility or institution?

 

[Becca]:                       That’s a great question, actually. So we will focus on a number of different facilities. So, for example, there’s state operated Psychiatric hospitals, for example, I’m sure some of you may have heard of Eastern State Hospital, or, Central State Hospital. Those are facilities that fall under our umbrella here, at DLCV. Also, there’s one state operated training center, which is South East VA Training Center. It’s in the Chesapeake (area). And, we monitor there, as well. The other types of facilities are state licensed nursing homes, state licensed assisted living facilities, state licensed ICF—IID’s, & we also help with people who are in private treatment facilities, or in jail. Or prisons.

 

[Laura]:                       So, Becca, you just mentioned, a lot of different places that services can offer that are maybe..paid for by the state, or that they might be run by the state of Virginia. Do we work with other organizations, or other parts of the government, to, you know, to coordinate these efforts? Or with them, or sometimes maybe challenged by them? Maybe you can tell us about our involvement with the state & how these things are run?

 

[Becca]:                       Sure! So, the State Operated Psychiatric Hospitals & the state Operated Training Center(s)- the Dept. of Behavioral Health & Dev. Services is the agency that actually OPERATES those 11 different facilities in the state of VA.  Training centers are placement centers for people with intellectual or developmental disabilities. We actually used to have 5 here in VA, but we only have one now—remind me later, & we can talk about that. DBHDS- which is short for “”, also licenses different types of placements throughout the state and that include any intensive care facilities for individuals with intellectual or developmental disabilities, and so we work with DBHDS a lot. And, it is a pretty collaborative experience. We do have a lot of contact with the directors at each of these different 11 facilities        and we are routinely in these facilities physically. We regularly talk with residents and staff and kind of (in) all of the facilities that we work with. You also have the Virginia Department of Health who handles Services related to nursing home private hospital and also some of the medical services that somebody would receive if they were an inmate in jail or prison. AND then, and we also work with the Department of Social             Services that department operates or licenses different facilities

 

[Virginia, jumps in]:   I'm sorry- So there are these assisted living facilities throughout for agencies-- that are state agencies that we work with regularly. And, just, you know, to jump in provide some additional context, here, (LOL), when we're talking about like- licensing agencies-- you are (talking about) somebody who is living in a place that has been established in a  place where it’s like.. you have roommates, or housemates, or facility mates, that you don't know if the place you're living is licensed (necessarily), but you are a person with a disability. Please, still call us at DLCV, because, we will sort out, like, what kind of what kind of place you're at. Because it's not totally clear! You might have a facility that some people call a group home in some people attend distance living facility and some people call it a nursing home because people are used to referring to it in different ways. And, you know, that just be complex system of (the state of) Virginia!

 

[Becca]:                       Yes, I appreciate you adding that in.

 

 

[Laura]:                       Yeah. I think what Virginia just had to clarify really speaks to the type of work that we do. And in our situation, people might be—it can be a little confusing, you know. We have a lot of different terms that we use and you know that's because you practice law and we really try to stay by certain guidance & rules. But that can be a little fuzzy to someone who might be unsure what their rights are, or what we might be able to do, so..The work that we do: (So)- What are some examples of the type of things that we've done, or, you know, what does it really mean on the ground to see what we do to help people?

 

 

[Becca]:                       That’s a really good question, Laura. And, in fact: it takes us back to the original history of why the protection and advocacy system was created! & from the beginning of the protection and advocacy system, the main focus was on conducting abuse and neglect investigations in the Adult Institutions, and probably as well, Children's Institutions; But, we focus our unit just on the adult side. So we see the this work as the core activity of what DLCV has done. Now, our unit’s not the only one that does abuse and neglect in investigations. We have a Communities unit, we have a Children's unit, they both do that as well. So the whole agency—(together) we do a lot of Investigations and follow really two different types of Investigations that we can do. We can do a primary investigation and look into records and things ourselves or we can do what's called a secondary investigation, which means that, we get a report from someone else that has already kind of done report an investigation into it, so let’s say, what's a nursing facility investigated somebody and we are taking a look at whether that facility did a good job in their investigation. That's called a secondary investigation. So what it really means to do an abuse and neglect investigation or what it really means for human rights were so for example and mentioned that we do work in jails and prison(s). This year, the disability Law Center of Virginia is actually monitoring two different jails in the state of Virginia.

 

And we are able to do investigations there as well. So what an example would be is let's say an inmate died from something that was related to a disability that they had at a jail. We would be permitted to go in and do an investigation (on that). Some other examples of what we do in the DBHDS facilities, -actually, we are required to do certain types of critical incident reporting- So what that means is, here, as an agency: We review all the critical incidents that come in and we seek corrective action- Whenever there problems with that, as well. And that critical incident review that we do. Actually, we have a meeting every week with Colleen Miller, the executive director, to go over this, because this is something that Colleen believes is really important and at the CORE of what we are supposed to be doing as an agency. We're also able to help people with discharge rights, and discharge planning. So, especially, if you're in a DBHDS operated facility, we do a lot of work to get people from the psychiatric hospitals in an institutional unit setting or whatever the appropriate setting would be that would be appropriate for them. And, those types of cases you can do some of this work. We can claim it easily. And some of it just takes a long time & is something that’d meant to take a lot of time! But we're really proud when we have stories of, (some of) those individuals, who, for example, have been in a state hospital.

 

And, for a couple of years now, are now finally able to return to the community and have a lot of their rights given back to them! And that is a really important and special time in the lives of our clients! And, for that reason, it's a really important and special time in the lives of our Advocates and attorneys, too, because we see this as, you know, our passion, that we're trying to assist with. And making sure that more people are in community settings and institutional ones. But that's not all we do! Because we can come out and do all these things but we also develop things like fact sheets, or videos, or say this podcast, to tell other people about the work that we do. And, we also go to all the facilities we talked about you with and we do different types of trainings. And, usually those trainings are, you know, are related to topics that are really hot at the time, and, works certain issues that we have seen as being systemic across different providers. But unfortunately our ability to do that has been lesson because of COVID, in the last 10 months.

 

[Laura]:                       So, that, previously you mentioned the training centers. Do you want to give our listeners do you want to bring that back around there to give her listeners idea of what we have done what we are doing about the training centers that did exist in Georgia/VA? The one that still does?

 

[Becca]:                       Yeah. So, this part is a little confusing. So I'm going to try and go slow but it's-- I think very important. Because it tells you a lot about the state of Virginia. And it tells you a lot about what the law out there requires, and it tells you a lot about what dLCV has been in between, over the past 10 years or so. So in 2011, the Department of Justice raised concerns with the state of Virginia about what has been called the Olmstead. So Olmstead was: actually case that was heard from the Supreme Court of the United States. And it dealt with two women in Georgia who had mental illness and developmental disabilities. These ladies had been admitted to a state-run hospital for treatment. After their treatment, however, Georgia failed to discharge these ladies back to the , despite the fact that there were mental health professionals, who had expressed an expert opinion that the community was the appropriate placement for those ladies.

 

So, each of these ladies spent a couple of years actually in the state hospitals that they were in. And then they decided to sue the state & then the case came to the-- Supreme Court. Once it worked its way up, all the way to the United States Supreme Court, the Court held that states have to provide community-based services to people with disabilities- if you want to live in the community. IF those options are available in the community! It's really important because what we're saying is that all people should live in that placement that is the least restrictive one for their rights. If there's a place where someone would be well taken care of, but, they had the right to do all the things that you and I take for granted every day: (for instance:) voted, or driving, or other types of rights, that get actually cut off often when you are in some of these facilities or when you end up getting somebody appointed to make your decisions for you. (Wow.)

 

So, it's really important to make this point that you need settings that are your (the) preferred settings. Of someone is able to be cared for & the Supreme Court agrees; The reason the Supreme Court said that they were looking at community placement is because they're really concerned about what the stigma is around different types of disabilities. And, especially, mental health disabilities is there a stigma and these facilities really severely diminish the ability of people to do the everyday activities of their life, including: working independently, getting educational advancement, cultural enrichment, going to your local church, having time with your family who supports you, and then any other social contract(s), that you have in the community. So, that talks about what Georgia, what happened in Georgia- but let's get back to Virginia. So the Department of Justice alleged after a three-year investigation that Virginia was violating the same rights that women should have been in community placement.

 

So (then) Virginia created a settlement with the Department of Jus. in so that the full lawsuit did not have to go forward, and, that settlement has been working itself out over the last couple of year. What Virginia decided to do was, it closed for the five training centers that it had open in attempts to get individuals with intellectual or developmental disabilities back into the community so the one remaining facility is a facility that we cover that Southeastern Virginia training center. And, as the institutional rights unit, and there are also lots and lots of group homes in a community are also covered by DLCV. But, they're covered by the Communities Unit!

 

[Virginia]:                   Yes, so, I would say that the that the exception too, so… all the training surge except for Southeastern are closed there are still water called ICF DD's Intermediate Care facilities for individuals with developmental disabilities those are a little bit more intense than group homes there's some of them in the community is not a whole lot but the institutions unit we do tend to cover those but get out like we said before if you're trying to figure out do you live in a group home or do you live in an ICF don't really have to figure that out just call dLCV, and we will sort that out.

 

 

[Laura]:                       Exactly, that's right. I know you mentioned that one of the aims of dLCV’s  work is to help people begin to be integrated into the community. And, in the least restrictive environment so they could do all those things: like, spend time with family go to school, get a job, or socialize. And all of those things sound like human rights, that we feel that people are entitled to. So you already touched on some of the human connection right? That we might need the resources, but, could you tell us a little bit more about what human rights are, why that's relevant to your work, & then what are some examples? so folks might see what that looks like when we actually exercise this work??

 

[Becca]:                       So, good question! So: the answer depends on the facility are in and who licenses it, as to exactly, what laws will apply to it. And what regulations will apply (to it). About the Department of Behavioral Health and developmental Services: So, they actually have promulgated—and-- that's a big word for: “they just made some regulations,” that actually relate to their facilities- and they call those the human rights regulations- it's a whole section of regulations that provide people with a way to make a complaint in their facilities, with a way for the facilities to investigate that complaint, and (then) respond back to the individual.

 

(And), If, the individual disagrees with the director's decision, then there's methods for a feeling that and having actual community members with lived experience make the decision whether you're human rights have been violated. EVERYBODY has certain human rights. And, we think of those as things like the right to treated with dignity as a human being; the right to be free from abuse and neglect; the right to be treated as we've talked about, under the least restrictive conditions; and, the right and this is something that comes up a lot for the work that we do the right to be free of unnecessary physical restraint. So, it's kind of all the things that you or I can think of that we do every day, that enriches our lives. So, if we're allowed to go participate in a holiday event in the community and it boosts [our spirits], or, we’re able to get some of the religion support that we, you know, may happen in a church; and were able to get some of our friends to be around us—which-- I know is really hard right now with COVID. But, those are your human rights.

 

Those are the things that because you're a human being and you're entitled to talk with other people, you are entitled to celebrate with other people; you're entitled to gather, -that- I mean right is right we have rights that allow us to gather with other people and have free speech so human rights is a really, really broad category. There will be human rights that you are required to have as well in the state nursing homes and in the assisted living facilities but they're a little bit different. [And,] they're not set up like the office of human rights for the Department of Behavioral Health is.

 

[Laura]:                       Thank you for explaining that the way you did because a lot of us either have to stick with covid-19 chickens or were choosing to to really try to support our community and that means that a lot of us are experiencing what it's like to be stuck at home or not be able to go places that we want to or see people that we love to spend time with so I can't imagine how difficult or painful it must be for people who don't ever have any choice when we're just getting a little taste of that but there are other people who don't even get to decisions to choose safety for themselves that must be really awful!

 

 

[Becca]:                       That is actually a really great point, Laura. You know, well… at least, so far for me, and most of the people that I talked with, what we do on a regular, daily basis, now,.. kinda complain with covid-19 “here I could go out and play in my poker game tonight,” or, “I could go out and meet some friends for dinner at our favorite restaurant,” and we're not able to do what does give us (that sense of independence). And that does give us an idea of what it would be like never be able to do those things, and the scary part is that we know that individuals who are not able to access their communities, and who are not able to access their Community Support, individuals actually have worse outcomes as far as both mental health, and other types of disabilities so that's another reason that it's really important for us to make sure that residents of these facilities are getting out as much as THEY can, and having as many of their right attended to. Because, now, we all know what it feels like to not be able to make the choices that we otherwise would be able to [make.]

 

[Virginia]:                   So we're talking a lot about rights, and I know, that we can't really touch on every different systems specific human rights complaint processes, or specific ways to get the rights, enforced, but you know, at least, when we are talking about any individual receiving services, for a mental illness, and developmental disability, or substance abuse, all of that comes back to the Department of Behavioral Health and Developmental Services & human rights regulations. And if out there or in one of these programs and they want to and they want to enforce their rights. So, can you talk a little bit about a mental illness [and that process??]

 

[Becca]:                       Absolutely! So the regulations- the human rights regulations- that we talked about, set up the framework that would allow all of the residents, that receive services, at those providers, to make complaints and be afforded what you probably heard of before: which is, be afforded DUE process. And, What that really means is that you're making sure that the individual making the complaint actually has the right to be heard and, they have enough of a right to be heard, that it then becomes a fair situation. These facilities that are run by, and have, you know, up to a hundred, 200, to-300 staff, maybe, and then you've got less residents than that in the [actual] residence. Sometimes residents [there] really are not as knowledgeable about their right at the providers are- so, it kind of -- evens the playing field-- by making sure that people who may not have as much information about how to deal with complaints actually get [ahold of the right information].

 

At each of the state hospitals that I talked about, and as well as, at the training center, that are operated by the state, there are (also) Human Rights Advocates assigned there. [&] that person does not work for the actual facility but they do work for the Department of Behavioral Health and Developmental Services office of Human Rights. And, it is their job to take complaints as related to abuse and neglect from facility resident and process them through the human rights complaint process. And so, the first thing that would make a complaint right to the provider. (And), sometimes that can happen if a resident just walks up to somebody on their, their unit, and says, “Hey do you have a form where I can fill out my complaint?” Sometimes they call us, and ask how that happens-, if we're able to help explain the process to them-  and then a couple of instances when we believe it's a systemic issue, then they (we) actually help them with the complaint and then represent them, at any of the further hearings, they are at.

 

And, the first thing that happens is it makes a complaint the service provider can be done through anybody that works after that the facility is required to conduct an investigation. And-  the director is required to come back and say whether the complete name is valid or not; usually, it will say founded or unfounded. If the complaint is unfounded and the resident disagrees, and believed, as she/he said, it was a human rights violation, and then, the Resident can appeal that to what is called the local human rights committee. And they handle and processed these complaints that are staffed by Community members. So, generally, their members who either have their own lived experience, with mental illness, or a provider of services for mental illness, and it's very interesting, because you get a wide range of individuals that run those and they'll actually be the one that makes the decision whether the weather the facility abused or neglected of appeal as well so if you get to the local human rights committee and you're still not happy with their decision, then you actually can appeal to the state human rights committee. And, that's the last committee you can appeal to. Their answer’s final.

 

[Laura]:                       So, this is a lot of different processes to go through, and it sounds like there could be a lot of barriers in the way. And that means barriers to people understanding how to get the help they need or access to help that they need, and then maybe, even barriers when you go to some of these committees or the organizations, to try to advocate for people who need that help. So, what are some things that you wish that people knew that you wish that people that you're the really jumping out to you as helpful information or help understanding either?

 

[Becca]:                       Yeah! So, where the Human Rights Council is really helpful is when there are times where the disability Law Center of Virginia is actually able to help people with those appeals! Because we have seen that it appears that this system is not very accessible we get a lot of reports from individuals that they don't have any idea how to make a complaint- (Or,) we get a lot of reports from individuals, (saying that) they made a complaint but they never heard back about it at all, and so, that's the first part of the process we see a lot of barriers there and we've really been working to try and figure out why that is and I do think that it's different reasons-- and some of them-- are in in different facilities, sometimes.

 

I do think that staff are not always well-versed in what they're required to do with a complaint. Esp., for some of the negative complaints to a staff member on their unit and then that's that doesn't pass it on like it's supposed to. Rhat's making the system itself inaccessible. (&) I also think that people so when you think about the fact that there's a Human Rights Advocate at each facility. That's one person responding to what maybe a hundred and sixty different residence & some days they have more than one human rights complaint. So it actually is a high volume of work and so the human rights Advocates are supposed to be able to help you throughout the whole process if you wanted them to.  They could represent you, in any of these hearings; But, what we find is that they very rarely do so while the human rights Advocates are (actually) at the facility.

 

And, to talk with someone when they first have a complaint right up with a treatment. Or someone there at the facility to see what could be done about it if not really being processed--- to what the regulations require and so we have actually been bringing a number of complaints against different hospitals who this seems to be happening with. And We have one particular hospital that we work with where this seems to happen at more often than others. And, we have been developing a strategy which includes representing more people in these human rights allegations.

 

[Virginia]:                   I hope I (we) got to what you were trying to ask,

 

[Laura]:                       Yeah, I think so.

 

 

[Virginia]:                   Most of the time like if you called DLCV for an issue that could be handled by Human Rights Advocate, then we're probably going to tell you to call your human rights Advocate first. But, you know-- if you have been trying to do that you have been able to get in touch with someone or if human rights Advocate wasn't able to help you with an issue. or even if it's something that the hospital said that they were going to resolve for you, and then didn't, you know, potentially those are the points at which DLCV can step in, and assist with these human rights issues. Esp. in particular way at State Hospital programs. **With that in mind, Becca, do you want to talk about other stuff that the institutional rights unit handles, other than just-- just hammer and humbles complaints??**

 

[Becca, again]:            So, in addition to the human rights complaints that we deal with, meaning that you have other rights that are available to you-- Because the law says they're available. They're called your legal rights, and when people have some complaints about non DBHDS facilities, there’s still plenty of work that the dLCV advocate or attorney can do. [For example] we can take on case representation, to help people enforce, their resident rights. For example, say, somebody's in a nursing and rehab center and they fall on some water that was on the floor! And at the end of the day they ended up injuring their residents. Stuff like that happens. And, what we would be able to do is advocate for some corrective action. Let's say we found out that that liquid was on the floor for 2 hours, and then somebody slipped in it - we certainly can work with the facility on what their protocols are for cleaning up things like that. (In order to) to make sure that in the future nothing sits on the floor for that long has a lot of ‘wiggle room,’ with the different facilities that we’re working with, but with the different facilities that were working with really can jump in there and deal with almost anything that you have a complaint about. I will say we don't have the resources to be able to help everybody and so that's something important .

 

 

[Laura]:                       And I will come back to you a little later but it kind of shows that if you're not really careful and mindful of you know taking care of people who need help or maybe, if they can’t clean up puddle, or, can't see that puddle that that's where problems can go down even just through not really paying careful attention to those kinds of details that really can impact people!

 

[Becca]:                       That's right. And you know, we do see often as well that sometimes these types of things happen because the facility is not staffed adequately, so you know, if you don't have enough staff on the floor to see what's going on or you don't have somebody who can come in and clean it up because you're low on staff, that absolutely. can impact weather people are receiving their services that they're entitled to. And it's hard, you know, and every provider probably somewhere is missing something. You know, there's a lot of rules, there's a lot of regulations, and they're all really important.

 

But you know it it does we we do get a real concern when we hear that these facilities are not adequately staffed. Because, let's say you're talking about a nursing home you may be talking about a lot of individuals that require transfer and if you don't have enough staff to be able to transfer those individuals and there's a lot of things that aren't going to happen in a nursing home: For example, if somebody has any pressure ulcers, they are not necessarily going to be flipped as many times as they're supposed to throughout the day; or, other people who need to get their movement in so that they can continue to do things like walk, and stuff; like that may not have the ability to do that.

 

[Virginia]:                   So, I appreciate that connection so let's talk about systemic issues someone said she's already touched on that you know you know there's issues of seclusion and restraint there's medication over jaction there's visitation that we get so many colds about can you talk a little bit about what we do with that?

 

[Becca]:                       Sure. So there are instances where a provider is allowed to either isolate a resident and an empty room which we call seclusion or restrain the individual's physical freedom. So, that's kind of what you hear about you may recently have heard about this somewhat having to do with school? But, sometimes, there's restraint and seclusion and in all of the facilities that we covered this type of thing can happen as well because there are instances where someone poses an emergency threat to everybody that's around them and they did their freedom they need to be limited their freedom of movement in order to make it safe but it's really important to be clear here:

 

They, are all providers, are only allowed to seclude or restrain you in response to an emergency; if there is not an emergency happening they do not have the ability to do that but I do want to say that if any provider tells you that you are being secluded or restrained whether that restraint is by physical force--  Someone putting their hands on you sitting in what's called an emergency restraint chair; or even, being given medication to restrain you: they are not permitted to do that for treatment purposes so if you ever hear that please feel welcome to call dlcv and let us know and we would like to help you with either some information or referral or maybe some case representation.

 

[Virginia]:                   (LOL!) We would specifically like to March upon that treatment provider with torches and pitchforks Sports Beauty and the Beast moment! (LOL, LOL).

 

[Laura]:                       You have given some examples of some pretty awful things that can happen to people and that they are just not okay I bet that our work is really important because a lot of people who are in institutional settings might not have a voice for themselves that the rest of us enjoy like I can imagine if I were in one of these settings and I wanted to complain about a staff member a staff member could just say that I was making it up so it sounds like we do a lot of work to try to really listen to people and make sure that that voice gets through and really look into the situation so that the trust is given to people who call in too? (as well.)

 

[Becca]:                       That’s absolutely right! And I think that's a really, really good point to make, and another thing that's really important: is that in all circumstances, it's not necessary, in all circumstances, it’s not right for dLCV to get involved. But, sometimes, what's most helpful is to let the individual know what their rights are give them ways to follow the process themselves and that helps give them their own voice it was some clients who we think would do well with self-advocacy we may just provide some resources or give some suggestions things like that and that actually is a Apple because it's really important that at in exercising their own right someone being able to have their voice heard is really important and when is there actual voice it's even better and when it's our boy speaking up for that but sometimes people don't have the ability to speak up for themselves and you're right that's when DLCV is able to come in and provide information that honestly most people just don't know what their rights actually are.

 

[Virginia]:                   Okay, Becca:, so we talked about systemic issues and what DLCV provides. Now, if folks want to know more, or if they want to get our help, what are ways that they can do that?

 

[Becca]:                       So: every Monday, Wednesday, and Friday we have an individual doing intakes for us. So you can call us on a Monday, Wednesday, & Friday the phone number’s one- 800-552-3962 and you'll be able to speak with our intake specialist who will route you to who we considered the subject matter expert in our office on the issue that you're calling about and that's great because that means that any information you're going to receive is coming from somebody who this is within their expertise so you can visit our website at www.dlcv.org. There are actually a lot of different types of information on there about you or your loved ones’ legal rights including fact sheets, for some projects at work, that we're doing this year; we're collecting stories of different individuals; support some of our work and so we would love for you to visit our website and become familiar with it as well y'all are great you make this so much easier!! J

 

[Virginia]:                   Ya did good boss! J And now for a DLCV Highlight!

 

[Highlight Segment]: Valerie-

 

“Our representative payee review team recently conducted a routine interview with the family of a social security beneficiary. And, while the family had no complaints about their loved ones pay, he would have no complaints when it came to handling money, they DID have a lot of concerns about the care of the beneficiary was receiving at the facility. Luckily for the DLCV team, they were able to work with the family to get them the information they needed to report their concerns to the state.The family was grateful not only to share their experiences, but to make sure the facility was held accountable.”

 

[Laura]:                       Thank you so much to Becca Herbig, our very talented staff attorney and the head of our institutional rights unit! I think it is safe to say that this episode was chock FULL, with useful information that helps us to understand a little bit more about what people go through when they don't have access to the same kinds of rights and wishes  that we’re used to, and I really appreciate learning from both of you, so much, about the work that we do, &, the people we try to serve.

 

[Virginia]:                   The idea of living in an institution is something that is so foreign to most people! I know that before I started at dLCV, I just had no concept of things, that, you know, thousands and thousands of Virginians are going through every day. And, no idea, that you know, certain issues even were issues. so hopefully we shed some light on that for our listeners. Thank you Laura, and thank YOU ALL, AT HOME, for listening to this episode of RHRN, brought to you by the Disability Law Center of Virginia.  We are available as always on Apple podcasts Spotify or wherever you get your podcast. don't forget to subscribe leave a review, & share us with everybody you know. J

 

[Laura]:                       And, if you need assistance want more information about dLCV, and what we do or even just what we talked about, visit us online at: www.DLCV.org

 

 

[Virginia]:                   Follow us on Twitter  @disabilitylawva. We are also on Facebook at the disAbility Law Center of Virginia, and, like I said, share this with everybody you know!

 

 

[Laura]:                       Until next time, I'm Laura Sinclair-

 

[Virginia]:                   I'm Virginia Pharis, and this has been Rights Here!

 

[Laura]:                       Rights Now!

 

** [End of Transcriptions!]**