Crime Victim Civil Legal Services Webinar January 21, 2009

1. Crime Victim Civil Legal Services Webinar January 21, 2009

2. Meeting Agenda • Introductions • I. Background of Crime Victim Funds • II. Client eligibility • III. Legal advocacy expectations that might be offered under CVCLS funds • IV. Accessibility and Access to CVCLS Services by Clients Throughout Texas • V. Reporting • VI. Client Issues- non legal • VII. Resources • VIII. Best Practices • IX. Client stories, public relations and media advocacy

3. History and Purpose Lisa Melton - TAJF

4. HISTORY • 1999: Texas Legislature authorized the use of Crime Victims Compensation (CVC) funds for grants to non-profit organizations that provide victim-related civil legal services. • No appropriation for this purpose was secured. • 2001: Texas Crime rate was 5,512 crimes per 100,000 persons • 4% increase in one year.

5. History Continued • Climate of criticism of large amounts of CVC funds dormant in the account • 2001: State Bar of Texas Board of Directors endorsed working with the Office of the Attorney General (OAG) to secure an appropriation of the CVC funds during the 77th session • 77th Texas Legislature directed the Office of the Attorney General, in partnership with the Supreme Court of Texas, to create the Crime Victims Civil Legal Services (CVCLS) Program for victims of crime and their immediate family members. • TAJF appointed to handle grantmaking responsibilities on behalf of the Court.

6. PURPOSE • TAJF provides CVCLS funding to: • private Texas nonprofit corporations, • providing free victim-related civil legal services directly to: • victims, • immediate family members of victims, or • claimants • as defined by Article 56.32 of the Texas Code of Criminal Procedure.

7. PURPOSE Organizations applying for funds were to • Identify the needs of crime victims and their families • Develop a plan to meet the need • Enlist collaborative partners to help identify the need and meet it.

8. CVCLS Governing Documents • Interagency Cooperation Contract between the Office of the Attorney General of Texas and the Supreme Court of TexasCVCLS General Grant ProvisionsCVCLS Restrictions • Uniform Grant Management Standards • CVCLS Financial Eligibility Guidelines

9. Client Eligibility Iliana Holguin Debra Wray Diana Velardo

10. Outline of Presentation How does a Person Qualify? • Income • Victim of a Crime under 56.32 TCCP. • Relationship Between Crime and Legal Services (i.e. Suing a car dealer for a lemon not related to DV)

11. Financial Eligibility 2008 CVCLS Financial Eligibility Guidelines (187½ % of Poverty) • Household SizeAnnual IncomeMonthlyWeekly • 1 $19,500 $1,625 $375 • 2 26,250 2,188 505 • 3 33,000 2,750 635 • 4 39,750 3,313 764 • 5 46,500 3,875 894 • 6 53,250 4,438 1,024 • 7 60,000 5,000 1,154 • 8 66,750 5,563 1,284 • For each additional person in the household, add: • $6,750 $563 $130

12. Assessing Financial eligibility Suggested Ways to Assess Eligibility: • Simply Ask Client about their Income • Pay Stubs • Tax returns • Rent Agreements • Car Notes • Daycare Expenses • Bank Account • Savings Account • Loan Payments • Household Members

13. Concerns with Continued Financial Eligibility Suggestions on • Tax returns on yearly basis • Pay stubs on yearly basis • Expense and Income disclosure every year or six months • Make it clear in the contract that continuedfinancial eligibility is a requirement

14. Client Eligibility: Who is a victim? • Art. 56.32: “Victim” means an individual who suffers personal injury or death as a result of criminally injurious conduct (or as an intervenor) if: 1. act occurred in TX, and victim is a resident of TX another state, DC, Puerto Rico or US territory/possession; OR, 2. act occurred in a state w/o crime victims compensation program and the victim is a resident of TX and would be entitled to compensation had act occurred in Texas: OR, 3. conduct caused by an act of international terrorism outside of US and victim is a resident of Texas

15. Client Eligibility: Who is a victim? • Also eligible for CVCLS services are: • “Immediate family member”: an individual who is related to a victim within the second degree by affinity or consanguinity • “Claimant”: (a) authorized individual acting on behalf of a victim; (b) individual who legally assumes or voluntarily pays medical/burial expenses of a victim as a result of CIC; (c) dependant of a victim who died as a result of CIC; (d) immediate family or household member who requires psychiatric care or incurs certain expenses as a result of CIC; or authorized individual acting on behalf of child described in (c) or (d)

16. Additional Definitions in Art. 56.32 What is the definition of “personal injury”? • Physical or mental harm What is the definition of “criminally injurious conduct”? • Conduct that occurs or is attempted; • Poses a substantial threat of personal injury or death; • Is punishable by fine, imprisonment or death; and, • Does not arise out of ownership, maintenance or use of motor vehicles unless intended to cause personal injury or death

17. Criminally Injurious Conduct (cont): • Describe the criminal conduct. • There is no requirement that Grantees must reference a specific section of the Texas Code of Criminal Procedure. • Grantees should insure that the description of the criminal conduct clearly supports the definition of “criminally injurious conduct” so as to comply with grant conditions. Use plain English. • For example: “Jane was assaulted by John on numerous times, the most recent on January 20, 2009.”

18. Injury • Describe the injury. There are no magic words. • Relate the injury to the criminally injurious conduct. • For example: “Jane received cuts to her forehead, bruising on her arms and suffered mental distress.”

19. Connection Of Legal Services to the Criminal Injury • Describe how the legal services provided to the client are related to the criminal injury. • Use Plain English • Examples: • “The protective order will help to protect Jane from further physical and mental abuse.” • “The food stamps/other public benefits that we seek on Jane’s behalf will allow Jane to spend her money on rent rather than on food/other public benefits so that Jane doesn’t have to continue to live with and be financially dependent upon her abuser.” • “Eviction representation will allow Jane to stay in her rental unit and protect her from eviction caused by the actions of her abuser the day that he injured her.”

20. Examples Continued • “Representing Jane before the Truancy Court due to the unexcused absences of her children that occurred after and as the result of her injuries and while she was recovering and hiding from her abuser will allow her to avoid a truancy conviction.” • “Representing Jane before an ALJ at her Social Security Disability hearing will allow her to receive disability income that will assist her in remaining free from her abuser.” • “Representing Jane at the TWC unemployment benefits hearing will allow her to keep her job, from which she was terminated following missed days at work due to the injuries she sustained by her abuser.”

21. SCREENING AND INTAKE FORMS. DOCUMENTING THE RELATIONSHIP BETWEEN THE TYPE OF CRIMINAL ACTIVITY INVOLVED, THE SPECIFIC INJURY SUFFERED BY THE VICTIM AND THE LEGAL SERVICE TO BE RENDERED The Client’s file should contain documentation that describes: • (1) the criminally injurious conduct; • (2) the injury; and • (3) the connection of legal services to the injury. USE • CVCLS INTAKE SCREENING FORM, developed by the OAG • must be completed and retained by Grantees for audit • allows for easy documentation of these three factors • Good practice: keep the completed form in the Client’s file. • Can be incorporated into the Case Management System of some Grantees.

22. Completing the CVCLS Eligibility Form • Gather info during the interview process. • No requirement that the Client make a sworn statement • No requirement that the client sign a statement attesting to the accuracy of the information on the form • No requirement that the Client make or file a police report with any law enforcement agency. • No requirement that the Client receive medical attention for the injuries sustained as a direct result of the criminally injurious conduct • If documentation does exist that verifies that the injury was the result of criminally injurious conduct, you can attach

23. Legal Advocacy ExpectationsFamily Law and Beyond Linda Good (Lone Star), Melissa Lopez (Diocesan Migrant & Refugee Services), and Kevin Dietz (TRLA)

24. CVCLS FUNDING EXPECTATIONS • Expectation that your CVCLS funded legal work is tied to a crime • Expectation that your legal work will ameliorate the effect of the victimization and prevent future violence • Expectation that your efforts will be holistic and provide “wrap around” services and/or referrals • Expectation that the services you provide will go beyond basic domestic relations issues

25. Holistic Intake = Emergency Room for Legal Issues • Information captured at intake drives services provided • Vital signs taken from ALL patients. • Underlying health issues MUST be addressed. • Complicating or life-threatening conditions are treated to stabilize the patient.

26. People apply for legal help because of primary problems • Eviction and Foreclosure • Public Benefits • Immigration • Domestic Relations • Consumer • Repossession

27. Universal screening reveals secondary issues: • Eviction because law enforcement was called to the home • Foreclosure because of lack of access to funds • Repossession because abuser is sabotaging efforts to work or go to school • Job loss because abuser caused problems at the job site

28. Stabilizing secondary issues ameliorates past, present, and future effects of violence • Advocacy on Food stamps, TANF, Medicaid, public housing stabilizes finances • Advocacy on the rights of tenants stabilizes housing • Advocacy with employers can stabilize employment • Economic dependency is the #1 reason for returning to or staying with the abuser

29. Intake as E.R. screening Ask the questions Capture the data Use the information to address ALL of the issues Document ALL of your efforts Document ALL referrals Report ALL of your work

30. Tools for Intake • Comprehensive Issue Spotting: A Tool for Civil Attorneys Representing Victims of Domestic & Dating Violence, Sexual Assault & Stalking • http://www.abanet.org/domviol/pubs.html • The ABA tool can be used to develop comprehensive intake, advocacy, and referral options • Use to “facilitate effective and holistic client centered representation.”

31. Tools for Intake • Texas Access to Justice provides technical assistance regarding case management systems and/or intake systems • Lone Star Legal Aid and Texas RioGrande Legal Aid have screening modules built into point of intake and case management tools and can provide technical assistance.

32. Accessibility and Access Anne Chandler (UofH) Shelly Siegfried (FVPS)

33. Accessibility & Access • Best Practice Models- CONNECTING… • Effective referral systems & collaborations to increase client access (Shelly); • Serving vulnerable populations that fall outside of traditional referral networks (Anne) • Expanding services to geographic areas distant from your agency’s office (Linda) 33

34. Effective Referral Systems & Collaborations to Increase Client Access Outside Resources Local Law Enforcement Agencies Child Protective Services Office of the Attorney General District Attorney Domestic Relations Office Court Staff Attorney Other Agencies Safe Exchange / Visitation Facilities Legal Community / Bar Associations Domestic Violence Hotlines / Directories Inside Resources Legal Advocate Counselors / Psychologists Caseworkers Court Liaison Individual Walk / Call Ins Seminars / Workshops 34

35. Serving Vulnerable Populations Who Makes It To Your Door? • Who is not knocking at your door for help? and why? • Within your community, who are the vulnerable ones- are they being served? • The chalkboard: should you or should you not amend your game plan? • Assuming, you amend your game plan... • What factors make vulnerable populations, vulnerable? • Given your shoestring budget, what’s your recipe for success? • Friends with $, a new partner or two, an open mind (and did I mention, a few late nights) 35

36. Everything I Know About Expanding Services I Learned in Kindergarten The Rules: • Share everything. • Don't hit people. • Put things back where you found them. • When you go out in the world, watch out for traffic, hold hands and stick together. • How to Apply The Rules: • Give up your secrets-to-success, materials and other items you have created. • No surprises! Get buy-in early on and know all the players. • Be honest about what you can commit to in this new area and what happens if/ when you have to go away. • Stress the commonalities and assure everyone understands we’re stronger by working together! 36

37. Reporting Linda Good Melissa Lopez Diana Velardo

38. Presentation Outline • Reporting Requirements • Quarterly Reports Content • Different Models on How to Keep Track and Report Case Closures • What constitutes a “closed Case”?

39. Reporting Requirements Quarterly Reports • Grant year runs from September 1st –August 31st of any given year • Reports are generally due 15 days after the end of the quarter period (Example: September 1, 2007 to November 30th 2007 was due on December 16th 2007) • Four Reports during the grant year (Usually Dec, March, June, and Sept)

40. Quarterly Report Content Report is a combination of: • Financial data • List of Targeted Organizations for Outreach • Number of closed cases by County and Rejected cases • Client success stories

41. Different Models on How to Keep Track and Report Case Closures Model One: Organizations with one or few number of Persons on the Grant or with One Type of Legal Work • Case Worker keeps track of stats through Excel spreadsheets & • Case Worker runs Reports from Excel at the end of quarter

42. Model Two: Combination of Paper Based and Computer Based Reporting • Create and maintain paper version of a close out form with all CVCLS info • Turn close out form and file to office manager • Keep copy of paper form in a CVCLS binder and client’s closed file • Upload information on an excel spreadsheet for back-up and storage location of file

43. Model Three: Large Orgs with Ability to Create Special Computer Programs • The use of a Computerized database specifically designed for grants • At initial intake , gather and input all data needed to qualify client • Specific Screens serve to walk case handlers through the requirements of the grant and provide fields in which to enter the necessary data. • The click of one check box on those screens triggers the case to populate a report that is run from the database listing all cases that qualify under the grant. • The intake workers ask key questions that alert the case handlers to assess the client’s situation under the grant. • The case handlers ensure the CVCLS screens are completed when the matter is closed. • The IT department runs the report at the end of each quarter.

44. What Constitutes a Closed Case? Depending on policies and office management and personnel • Matter vs. Client or Information vs. Provision of Legal Assistance • Same Client but different “cause number” , then two cases • Same client, but different adverse parties, then more than one case (i.e. Client is represented in a food stamp case, a medicaid case, TANF case = 3 cases) • Each matter can be considered a closed case if the matter is not a necessary part of the legal representation (i.e. client gets her Legal Permanent Residency approved and then seeks to get citizenship. =Two cases to be closed) • Each person’s file constitutes a single case, regardless of related or unrelated matters (i.e. client gets a divorce, and then has an immigration petition filed, then seeks to amend custody agreement. =One case to be closed) • Each related matter of same person constitutes a closed case, a new case is opened for same person with unrelated matter (i.e. client’s divorce case is closed and then client wants to file an immigration petition. =Two cases to be closed )

45. Client Issues – Non Legal Shelly Siegfried (FVPS) Jonathan Miller (CCSA)

46. Client Issues – non legal • Safety Shelters, Law Enforcement • Financial / Medical Support Human Services, Crime Victims Compensation • Employment / Education Employment Agencies, Education / Training Programs • Emotional / Psychological Support Counseling, Support Groups • Housing Shelters, Transitional Programs • Substance Abuse Inpatient and Outpatient Programs

47. UTILITIES FOOD HEALTHCARE CHILDCARE SOCIAL SERVICES BUT WHO KNOWS THE SOLUTIONS??? I SURE DON’T - ALL I KNOW IS LOTS OF PHONE NUMBERS TO CALL AND HERE THEY ARE: SO WE KNOW WHAT SOME OF THE PROBLEMS ARE: Day to Day Living Issues

48. Client Issues-Non Legal • Victims of Family Violence Can Get Waiver for Electric and Telephone Service Deposit: (800-525-1978) www.tcfv.org/WaiverofGasServiceDeposit.pdf • Lite-Up Texas (Low-Income Telephone and Electric Utility Program:LIHEAP (866-454-8387) www.puc.state.tx.us/ocp/assist/liteup/index.cfm • Link Up Program (Reduced Cost Installation of Telephone Service: www.puc.state.tx.us/ocp/assist/linkup/linkup.cfm • Wills Clinic (Free Legal Will Services for Low-Income Persons • By appointment Only: call 271-9846 or 212-3700 (espanol) to be evaluated • Citizenship Classes in San Antonio 210-241-2759 • Women’s Support Group of the Family Violence Prevention Services in San Antonio: 210-930-3669

49. Internet References Texas Online/ Victim Resources (OAG, DPS, TDCJ) City of Austin Crime Victim Services (Austin) Corpus Christi Crime Victim Services (Corpus Christi) Dallas Police Department Crime Victims Services (Dallas) El Paso Police Department Crime Victims Services (El Paso) Harris County Crime Victim Services (Houston) San Antonio Police Department Crime Victim Services (San Antonio)

50. Law Help Outside our Particular Areas of Practice • TexasLawHelp.org • TexasLawyersHelp.org