Transcript Crime Victim Civil Legal Services Webinar January 21, 2009 Meeting Agenda  Introductions  I.  II. III.  IV.       V. VI. VII. VIII. IX. Background of Crime Victim Funds Client eligibility Legal advocacy expectations that might be offered under.

Crime Victim Civil Legal Services
Webinar
January 21, 2009
1
Meeting Agenda

Introductions
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I.
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II.
III.
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IV.
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V.
VI.
VII.
VIII.
IX.
Background of Crime Victim Funds
Client eligibility
Legal advocacy expectations that might be
offered under CVCLS funds
Accessibility and Access to CVCLS Services by
Clients Throughout Texas
Reporting
Client Issues- non legal
Resources
Best Practices
Client stories, public relations and media advocacy
2
History and Purpose
Lisa Melton - TAJF
3
HISTORY
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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.
4
History Continued
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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.
5
PURPOSE

TAJF provides CVCLS funding to:
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private Texas nonprofit corporations,
providing free victim-related civil legal
services directly to:
victims,
 immediate family members of victims, or
 claimants
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
as defined by Article 56.32 of the Texas Code
of Criminal Procedure.
6
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.
7
CVCLS Governing Documents
o
Interagency Cooperation Contract between the
Office of the Attorney General of Texas and the
Supreme Court of Texas CVCLS General Grant
Provisions CVCLS Restrictions
Uniform Grant Management Standards
o
CVCLS Financial Eligibility Guidelines
o
8
Client Eligibility
Iliana Holguin
Debra Wray
Diana Velardo
9
Outline of Presentation
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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)
10
Financial Eligibility
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2008 CVCLS Financial Eligibility Guidelines
(187½ % of Poverty)
Household Size
Annual Income MonthlyWeekly
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
11
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
12
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 continued
financial eligibility is a requirement
13
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
14
Client Eligibility: Who is a victim?
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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)
15
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
16
Criminally Injurious Conduct (cont):
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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.”
17
Injury
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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.”
18
Connection Of Legal Services to
the Criminal Injury
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Describe how the legal services provided to the client are
related to the criminal injury.
Use Plain English
Examples:
1.
2.
3.
“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.”
19
Examples Continued
1.
2.
3.
“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.”
20
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:
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(1) the criminally injurious conduct;
(2) the injury; and
(3) the connection of legal services to the injury.
USE
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CVCLS INTAKE SCREENING FORM, developed by the OAG
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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.
21
Completing the CVCLS Eligibility Form
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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
22
Legal Advocacy
Expectations
Family Law and Beyond
Linda Good (Lone Star), Melissa
Lopez (Diocesan Migrant &
Refugee Services), and Kevin
Dietz (TRLA)
23
CVCLS FUNDING
EXPECTATIONS
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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
24
Holistic Intake = Emergency
Room for Legal Issues
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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.
25
People apply for legal help
because of primary problems
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Eviction and Foreclosure
Public Benefits
Immigration
Domestic Relations
Consumer
Repossession
26
Universal screening reveals
secondary issues:
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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
27
Stabilizing secondary issues
ameliorates past, present, and future
effects of violence
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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
28
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
29
Tools for Intake
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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.”
30
Tools for Intake
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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.
31
Accessibility and Access
Anne Chandler (UofH)
Shelly Siegfried (FVPS)
32
Accessibility & Access

Best Practice Models- CONNECTING…
1) Effective referral systems & collaborations
to increase client access (Shelly);
2) Serving vulnerable populations that fall
outside of traditional referral networks
(Anne)
3) Expanding services to geographic areas
distant from your agency’s office (Linda)
33
33
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
34
Serving Vulnerable Populations
Who Makes It To Your
Door?
•
•
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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...
•
•
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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
35
few late nights)
35
Everything I Know About Expanding Services
I Learned in Kindergarten
The Rules:
How to Apply 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.
•
•
•
Give up your secrets-tosuccess, 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
36
Reporting
Linda Good
Melissa Lopez
Diana Velardo
37
Presentation Outline
 Reporting
Requirements
 Quarterly Reports Content
 Different Models on How to
Keep Track and Report Case
Closures
 What constitutes a “closed
Case”?
38
Reporting Requirements
Quarterly Reports
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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)
39
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
40
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
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Case Worker keeps track of stats through
Excel spreadsheets &
Case Worker runs Reports from Excel at
the end of quarter
41
Model Two: Combination of
Paper Based and Computer
Based Reporting
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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
42
Model Three: Large Orgs with Ability
to Create Special Computer
Programs
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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.
43
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
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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)
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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 )
44
Client Issues – Non Legal
Shelly Siegfried (FVPS)
Jonathan Miller (CCSA)
45
Client Issues – non legal
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Safety
Shelters, Law Enforcement
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Financial / Medical Support
Human Services, Crime Victims Compensation
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Employment / Education
Employment Agencies, Education / Training Programs

Emotional / Psychological Support
Counseling, Support Groups
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Housing
Shelters, Transitional Programs
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Substance Abuse
Inpatient and Outpatient Programs
46
SO WE KNOW WHAT SOME OF THE
PROBLEMS ARE: Day to Day Living Issues

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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:
47
Client Issues-Non Legal
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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
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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
48
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)
49
Law Help Outside our Particular Areas
of Practice
o
o
TexasLawHelp.org
TexasLawyersHelp.org
50
Resources
Debra Wray (LSLA)
Jonathan Miller (CCSA)
51
Resources
What resources are available on the internet and how can grantees develop updated and
accurate local, state and national resources for clients?
° National Resources
° Office for Victims of Crime Resource Center (OVCRC), National
Criminal Justice Reference Service, 1-800-851-3420
www.ojp.usdoj.gov/ovc/help/dv.htm
° Office on Violence Against Women
www.ovw.usdoj.gov/
° National Domestic Violence Hotline
www.ndvh.org/
° Violence Against Women
www.vawnet.org/
° Federal Bureau of Investigation, Crimes Against Children (CAC)
www.fbi.gov/hq/cid/cac/crimesmain.htm
52
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Texas Resources
° An Abuse, Rape and Domestic Violence Aid and Resource
Collection
www.aardvarc.org/dv/states/txdv.shtml
° WomensLaw.org
www.womenslaw.org/gethelp_state.php?state_code=TX
° Texas Council on Family Violence
www.tcfv.org/resources/abuse-in-texas/
° Texas Attorney General Victim Assistance Program
www.oag.state.tx.us/victims/index.shtml
Local Resources
° Women’s Centers and Shelters
° Children’s Advocacy Programs
° Court Appointed and Special Crime Victim Advocates
° United Way and associated non-profit agencies
° District Attorney’s Office, Crime Victims Services
53
Best Practices
Ann Chandler (UH Law Center)
and Kevin Dietz (TRLA)
54
Best Practice – the Buzzword

Best Practice is an idea that asserts that
there is a method, process, activity,
incentive or reward that is more effective
at delivering a particular outcome than
any other technique, method, process,
etc. The idea is that with proper
processes, checks, and testing, a desired
outcome can be delivered with fewer
problems and unforeseen complications.
55
Beyond the Buzz

High Quality Civil Legal Services for
Victims of Crime
56
The Road Map
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Formally Adopt Standards of Practice
Comprehensive Intake
Case Management
Follow up
57
American Bar Association: The
Source
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ABA has formally adopted standards of
practice relevant to the use of CVCLS
funds
Standards for Lawyers Representing
Victims of Domestic Violence, Sexual
Assault and Stalking (2007)
Standards for the Provision of Civil Legal
Aid (2006)
www.abanet.org
58
Comprehensive Intake
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Best practices are only as good as the intake
done by your staff
Comprehensive, holistic intake is best practice
Tools are available to assist you with developing
best practices related to intake
E.g., Comprehensive Issue Spotting, A Tool for
Civil Attorneys Representing Victims

http://www.abanet.org/domviol/pubs.html
59
Case Management
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A case management tool is essential
Texas Access to Justice Foundation and
the Texas Access to Justice Commission
can provide technical assistance
The LSC funded programs all use case
management programs and can assist
with technical information
Texas C-Bar at www.texascbar.org
60
Cooperative Agreements with
Other Agencies

Given specialization and lack of resources
relative to unmet needs, we must create
formal and informal agreements with
other service agencies
61
High Quality Requires
Measurement
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Given the need for services it is all to easy to
ignore surveying need
Failure to measure need leads to blind spots,
e.g., lack of Protective Orders in many rural
counties
Measurements can come from external sources
such as the Texas Council on Family Violence,
Center for Public Policy Priorities, Department of
Public Safety
62
High Quality Requires
Measurement, Con’t

Failure to measure outcomes leads to
similar blind spots, e.g., lack of
documentation of CVCLS services provided
in many rural counties
63
Follow Up
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Does your organization do follow up
surveys with clients? With partners?
If not, why not?
Impossible to met the goal of high quality
civil legal services if you are not asking
your clients and partners follow up
questions about how you are doing.
64
Client Stories, public
relations and media
advocacy
Iliana Holguin (DMRS)
Linda Brandmiller (CCSA)
65
Maximizing Advocacy Efforts

Best Practice Models- SHARING…

How can grantees maximize advocacy to
publicize the program and promote the work
and importance of the funding?
1) Drafting Effective Client Stories
2) Public Relations and Media Advocacy
66
Drafting Effective Client Stories
Questions to ask when drafting client
stories:
What is the crime that makes a
client eligible for CVCLS funds?
What legal services were provided?
When were the legal services
provided?
67
Drafting Client Stories (cont.)

Ineffective Client Story:
“Our client is a victim of domestic violence.
We referred her to Aid to Victims of
Domestic Abuse. We assisted AVDA in
providing translations services while
continuing to provide case management to
our client.”
68
Drafting Client Stories (cont.)

Effective Client Story:
Maribel* had been happily married for two years until her
husband lost his job and began drinking heavily. He
began to abuse her physically and emotionally, and
would not allow her to seek medical attention for her
severe injuries. Maribel tried to leave him several times,
but her husband threatened to kill her and their daughter
if she left. Finally, Maribel was able to flee to a woman’s
shelter with her child. She came to our office for help last
month, and we were able to file a petition for divorce and
full custody of her daughter for Maribel, as well as obtain
a protective order against her ex-husband. Maribel has
relocated to another city with her daughter, where she
volunteers at a local woman’s shelter.
69
Drafting Client Stories, Cont.


Effective Client Story in non-DV setting
Nancy* was offered a job as a nanny and housekeeper by a U.S. family
vacationing in the Philippines. Nancy was offered $1,200 per month to care
for the family's children and to perform general housekeeping duties. Once
Nancy arrived in the US, her passport was taken from her, and she was told
that her pay would be reduced in order to cover the costs of her travel.
Ultimately, Nancy was paid between $50-$200 per month for being on-call
24 hours per day caring for the children and tending to the house. Nancy
was also prohibited from making telephone calls to her family and from
socializing with anyone outside of the home. The family frequently lent
Nancy to their friends, and kept the money that was paid to her.
Unbeknownst to the family, Nancy made a friend online. This friend
eventually purchased a bus ticket in Nancy's name, and Nancy was able to
escape from her employer's home and make it to the bus station. While on
the bus traveling through West Texas, Nancy was detained by U.S. Border
Patrol for not being in possession of any legal immigration documents.
When Nancy explained that her employer had taken her documents from her
and forced her to work for years without adequate pay, Border Patrol
contacted the El Paso Anti-Human Trafficking Taskforce. The Taskforce, of
which our office is a member, immediately began working together to
provide protection and legal assistance to Nancy. Last month, we obtained
certification for Nancy as a victim of human trafficking, who is now in the
process of applying for benefits under the Trafficking Victims Protection Act.
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Top 10 Things to Remember About
Public Relations and Media
Advocacy
10) The media have tight deadlines- know
them and plan ahead (ex. TV news broadcast
vs. newspaper);
9) Find the interesting client story (school
child, volunteer, entrepreneur, etc.);
8) Circulate your name among the media
outlets as an expert in your area;
7) Be flexible when last-minute fillers are
needed (be their best friend when they need a
fast turn-around);
6) Less is more- beware of the one-statementtoo-many danger;
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Top 10 Things to Remember About
Public Relations and Media
Advocacy, Continued
5) Media is more than TV and radio- (campus
outlets, neighborhood news, church
bulletins)- be creative;
4) Get on the speakers circuit (association
meetings, conferences, community groups);
3) Small investment = large payback (bumper
stickers, magnets, certificates of appreciation,
etc.);
2) Clients tell their stories best;
1) Remember the sound-bite rule (taken out of
context how will your statement sound/look?)
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