The lender for your car loan can take your car as soon as you “default” or miss a payment on your loan. Most agreements say you “default” as soon as the payment is late. Some loan contracts may give you a period of days to make up your payments before considering you in default.

Once you are in default, the lender may repossess your car at any time and does not have to give you any notice. The lender can come onto your property to take the car from your driveway or an  open garage. The lender may also repossess your car from public streets or an apartment building parking lot.

Learn more in this bilingual brochure:

Identity theft is when someone uses your personal or financial information without your permission.  The identify thief might steal your name and address, credit card or bank account numbers,  Social Security number, or medical insurance account numbers.

Learn more about identity theft and how to prevent it in this bilingual brochure:

The Cleveland Metropolitan School District has agreed to provide interpretation and translation services to students and parents with material related to schooling. This bilingual brochure explains what services the Cleveland School district has agreed to provide.

In Ohio, a guardianship is an involuntary proceeding where a family member or other concerned person asks a Probate Court to protect someone who appears to be incompetent.  Probate Court can appoint a guardian for a minor or adult (called a ward) who is not able to manage his or her own affairs because of young age, advanced age, substance abuse, or physical or mental disability.

Learn more about the definitions of “guardian” and “ward”, the responsibilities of a guardian, the rights of a ward, when a guardianship is necessary, and what to do when a ward disagrees with a guardian or no longer needs a guardian in this bilingual brochure published by Legal Aid.

Are you a low-income U.S. Veteran facing problems with:

Money:

• Have you been denied VA benefits because of a less than honorable discharge?
• Have your veteran’s benefits been terminated or reduced due to an overpayment?
• Have you been denied or terminated from other government benefits? (e.g. Food Stamps, cash assistance, SSI, Unemployment Compensation)
• Do you have debts that cause problems with meeting your needs, for example obtaining utilities, driver’s license, or housing?
• Have you received any letters or notices from the IRS about your federal taxes?
• Is the VA trying to collect money from you?

Housing?

• Have you applied for and been denied a subsidy to help pay for housing?
• Is your rent subsidy being terminated?
• Does your apartment need repairs that your landlord refuses to make?
• Has your landlord given you a notice to leave your apartment or are you being evicted?
• Are you behind on mortgage payments or facing foreclosure?

Family?

• Are you afraid for your safety because of someone who lives with you?
• Are you afraid for your child’s safety?
• Does your child have problems in school with learning or with behavior?

Health?

• Do you have trouble accessing health care because of your discharge status?
• Do you have trouble filling your prescriptions for medication?

Employment?

• Do you have a criminal record that prevents you from getting a job?
• Have you been denied a professional license (e.g. barber, day care provider, STNA?)
• Do you need your driver’s license reinstated in order to work?

If YES, contact The Legal Aid Society of Cleveland for help. Choose the option easiest for you from the other side of this flyer. When you contact Legal Aid, remember:

• You will have to provide income information to determine your eligibility for services (Legal Aid only serves people who have a low income in Cuyahoga, Ashtabula, Geauga, Lake and Lorain Counties);
• You will have to provide copies of any relevant papers and Legal Aid will often send you papers to sign and return before they can help you; and Legal Aid will try to offer information and assistance whenever possible.

Click here for an informative flyer you can print and share with others!

A representative payee (“rep payee”) is a person appointed by the Social Security Administration (SSA) to manage you Social Security or SSI benefits. SSA will only appoint a rep payee if they believe that you are not able to manage your money so that all of your food, clothing and housing needs are met.

This brochure will help you understand what a rep payee is, who can be a payee, what they are supposed to do for you, and your rights with a rep payee.

More information is available in this brochure published by Legal Aid: What I Should Know If I Have a Rep Payee

Farmers may apply with the U.S. government to hire workers from other countries on temporary work visas called H2A visas. Not all work visas are H2A visas. If you are not sure what kind of visa you have, check your passport or other immigration documents.

H2A workers with questions about taxes or getting an ITIN for a dependent should call The Legal Aid Society of Cleveland. Legal Aid has a Low Income Taxpayer Clinic (LITC) that may be able to help. Please call Legal Aid at 1.888.817.3777.

More information is available in this bilingual brochure published by Legal Aid: Tax Help for H2A Workers / Ayuda con los Impuestos para Trabajadores/as H2A

Immigrants should file taxes for several reasons.  More information is in this bilingual brochure:

Consult with a qualified tax preparer or a tax attorney if you have questions about filing tax returns. You may be able to find free tax preparation help by calling 211.

If you are an immigrant and have been a victim of crime, Legal Aid may be able to assist  you with asserting your rights under  immigration laws. This brochure  outlines U-Visas for victims of Crime, Special Immigrant Juvenile Status,  and T-Visas for human trafficking. This brochure also discusses how immigrants  can assert their  rights under the Violence Against Women Act.

More information is available in multiple languages in this brochure published by Legal Aid:  Legal Help for Immigrant Victims of Crime

A Spanish version of this brochure is available by clicking here: Spanish Version – Legal Help for Immigrant Victims of Crime

This brochure outlines what Legal Aid can do for Immigrants in Northeast Ohio. Legal Aid can assist many immigrants to the U.S., not just citizens or permanent residents, and works on  cases such as detainee and deportation, and naturalization and citizenship. This brochure explains what Legal Aid can  assist immigrants and their families with.

More information is available in multiple languages in this brochure published by Legal Aid: Legal Assistance for Immigrants

Legal Aid may be able to help you with your immigration situation if you cannot afford an attorney. This brochure outlines the rights immigration detainees have, including the right to speak with an attorney about their cases, the right to request release from custody on bond, the right to contact their country’s Consulate or Embassy, and the right to contact family members. Also included are important contact numbers that may help in resolving your immigration issue.

This brochure is available in both English and Spanish at: Notice for Immigration Detainees in Northeast Ohio/ Aviso a los Detenidos de Inmigración en el Nordeste de Ohio.

Are you the victim of domestic abuse or violence? This brochure describes what domestic violence is, provides the numbers of local and national domestic violence hotlines, and outlines steps to take if you are a victim of abuse. It explains the importance of a Criminal Temporary Protection Order (TPO) and Civil Protection Order (CPO), the differences between the two, and how to file for each. The brochure also describes how to press for criminal charges and what to do if charges are filed and the abuser is convicted.

More information is available in this brochure published by Legal Aid: Domestic Violence: What Is It? What Can You Do About It?

This brochure is also available in Spanish at: Violencia Doméstica:  ¿Qué es?  ¿Qué puede hacer usted acerca de esto?

Many Ohioans struggle to find a job or housing after being convicted of a crime.   Ohio’s law makers saw the difficulties faced by people with criminal records and passed a law (SB 66) that allows more people to have their criminal records sealed.

When you seal an adult criminal record in Ohio, the record is not erased. Instead, the criminal record is hidden from the public and most employers.

Even if you are eligible to seal your records, some convictions can never be sealed, including traffic and OVI/DUI offenses, serious crimes of violence, most crimes involving children, most sex crimes, and 1st or 2nd degree felonies.

Sealing a criminal record in Ohio is a “privilege,” not a “right.”  This means a judge must review each person’s application to seal a record and decide first if the person is eligible, and then whether or not to grant the sealing.

Learn more in this bilingual brochure:

The Ohio Pension Rights Office at Pro Seniors serves clients free of charge, who live or work in Ohio, Kentucky, and Pennsylvania regardless of age or income.  Attorneys provide specialized, direct assistance in tracking down benefits from past employers, answering questions about complicated pension laws and how they affect retirement. Pension attorneys can assist clients with making informed decisions about their pensions and retirement, whether it is a traditional defined benefit pension plan, cash-balance pension plan, 401(k), 403(b), or 457 defined contribution plan. They can also assist with pension benefits from companies that have merged or gone bankrupt.

The Pension Rights Project helps residents of any age in Ohio, Indiana, Kentucky, Michigan, Pennsylvania, and Tennessee with pension issues. They also help individuals who worked in Ohio, Indiana, Kentucky, Michigan, Pennsylvania, or Tennessee or worked for a company whose headquarters were there.

If you have a question about your pension, or believe you might be entitled to pension money, please call the Pro Seniors’ Pension Rights Project at (513) 345-4160 toll free 800-488-6070.

You can also access this fact sheet about basic pension rights from the Pension Rights Project.

To help with financial relief during the COVID-19 pandemic, the VA Debt Management Center paused collection on some VA benefit debt.  As of October 1, 2021, the Debt Management Center is sending out debt notification letters but will continue to offer debt repayment and relief options, including further suspension of collection of your debt.  If your VA debt was being collected through the U.S. Department of Treasury, you will receive a notification letter from the Department of Treasury to tell you when collection will be resumed.  If you have questions about a VA benefit overpayment debt, you can contact the VA Debt Management Center at 1-800-827-0648 or review their COVID-19 debt relief options at VA COVID-19 Debt Relief Options For Veterans And Dependents | Veterans Affairs.   For medical care co-payment debt issues, Veterans can contact the Health Resource Center at 1-888-827-4817 to ask about repayment options.

** Legal Aid wants to learn more about how driver license suspensions impact Ohio residents. Please take a couple minutes to complete this short survey: https://www.surveymonkey.com/r/DLSuspensions

How does the Reinstatement Fee Debt Reduction and Amnesty Program help Ohio drivers?

The Reinstatement Fee Debt Reduction and Amnesty Program is a permanent program within the Ohio Bureau of Motor Vehicles (BMV) intended to assist people who cannot afford to pay all of the reinstatement fees they owe following suspension of their driver’s license.  The program only applies to certain types of suspensions.  It does NOT cover suspensions resulting from offenses that involved alcohol, drugs or a deadly weapon.  The program also does not apply to commercial driver’s licenses.  The program became effective December 13, 2021.

Who is eligible for the Reinstatement Fee Debt Reduction and Amnesty Program?

The Ohio BMV will automatically enroll any person who is eligible for the program and inform that person through an email or regular mail.  Drivers do not need to apply for the program.  But, drivers who think they may qualify should make sure the BMV has a working email address and current mailing address in order to contact them.

A person will be automatically enrolled when:

• The person’s driver license or permit has been suspended for one or more eligible offense
• At least 18 months have passed since the end of the suspension period for at least one of the person’s eligible offenses
• The person owes reinstatement fees
• The person was not enrolled previously in the program

What offenses qualify for the Reinstatement Fee Debt Reduction and Amnesty Program?

Most driver’s license suspensions that do NOT involve alcohol, drugs, or deadly weapons will qualify for the program.  The following list of suspensions all qualify for the program:

Unruly child (R.C. 2151.354); Delinquent child (R.C. 2152.19); Juvenile traffic offender (R.C. 2152.21); Theft of gasoline (R.C. 2913.02); Incompetence by examination (R.C. 4507.20); Operating vehicle without proof of insurance (R.C. 4509.101); Failure to pay security deposit, or failure to request a hearing after receiving notice regarding a motor vehicle accident (R.C. 4509.17); Default on a payment that was required by written agreement after a motor vehicle accident (R.C. 4509.24); Nonpayment of a judgment (R.C. 4509.40); Repeat traffic offender (R.C. 4510.037); Violation of a municipal ordinance that is substantially similar to a statutory violation that imposes a suspension (R.C. 4510.05); Suspension under the federal Assimilative Crimes Act (R.C. 4510.06); Reckless operation (R.C. 4510.15); Failure to appear or failure to pay a fine related to specific vehicle-related violations (R.C. 4510.22); Incompetency adjudication (R.C. 4510.23); Commission of specific motor vehicle offenses by a minor (R.C. 4510.31); Habitual absence from school (R.C. 4510.32); Wrongful entrustment of a motor vehicle (R.C. 4511.203); Use of an electronic wireless communication device by a minor while driving (R.C. 4511.205); Street racing (R.C. 4511.251); Failure to stop for a school bus (R.C. 4511.75); Failure to stop after an accident (R.C. 4549.02); Failure to stop after a nonpublic road accident (R.C. 4549.021); and Trafficking in cigarettes or tobacco products with intent to avoid tax, when a motor vehicle was used in the offense (R.C. 5743.99).

What documents must be provided to enroll in the Reinstatement Fee Debt Reduction and Amnesty Program?

Drivers will be notified by email or mail that they are eligible for the program.  The notice will indicate the amount of fees reduced and the amount still owed.  The notice will request that the person provide proof of insurance in order to activate the reduction in reinstatement fees.  Proof of insurance may be provided with an insurance card, declaration page, policy, or other proof that can be verified.

A person can also provide proof of certain benefits to qualify for amnesty, or a complete waiver of reinstatement fees.  To apply for a complete waiver of fees, a driver must complete BMV Form 2829 and submit proof of indigence.  Drivers qualify as indigent by showing proof of participation in any of the following benefit programs:             :

• Supplemental Nutrition Assistance Program (SNAP)
• Medicaid
• Ohio Works First Program
• Supplemental Security Income Program (SSI)
• Veteran’s Affairs Pension Benefit Program

Proof of participation in these programs should include the driver’s name as an authorized participant and the current status or current month.

What will a person have to pay who qualifies for a reduction or waiver of reinstatement fees under the Reinstatement Fee Debt Reduction and Amnesty Program?

A person who is “indigent” and participates in one of the benefits programs listed above qualifies for a complete waiver of reinstatement fees, or amnesty, and will not have to pay anything for the qualifying suspensions.

A person who is not indigent qualifies for a reduction in reinstatement fees for the qualifying suspensions.  The individual receiving a reduction must pay 50% of the reinstatement fee owed. If reinstatement fees are owed for multiple offenses, the person must pay either the lowest reinstatement fee owed or 10% of the total amount – whichever is greater. Any payment must be at least $25 per month.

A participant may submit payments by regular mail, online, or in-person at the BMV or a deputy registrar office. All in-person payments must be accompanied by a $10 deputy registrar/BMV fee.

The fee waiver and fee reduction only apply to eligible suspensions.  A person with other suspensions that are not eligible will still owe the full reinstatement fee for the other suspensions that do not qualify for the program.

Can a person get help with reinstatement fees more than once through the Reinstatement Fee Debt Reduction and Amnesty Program?

A person may only be enrolled in the Reinstatement Fee Debt Reduction and Amnesty Program once in their lifetime.  The program is divided into two phases:

Phase 1 applies to eligible offense(s) that occurred before September 15, 2020, and 18 months have expired since the end of one of the court ordered suspensions.

Phase 2 applies to eligible offense(s) that occurred on or after September 15, 2020, and 18 months have expired since end of at least one court-ordered suspension.

In either phase, a person may qualify for the program even with other active suspensions as long as one suspension meets the program criteria.  A person may have reinstatement fees reduced or waived through the program only once. Those who are eligible for the first phase are not eligible to participate in the second phase, regardless of whether the person actually participates in the first phase.

What should a person do if they qualify for the Reinstatement Fee Debt Reduction and Amnesty Program but the BMV does not send them a notice?

Drivers who do not receive notice of the automatic reduction and who believe they are eligible for the program can submit an application. In some situations, drivers may have qualifying reinstatement fees, but are not yet eligible for the reduction because 18 months has not passed.

A driver who believes they are currently eligible should submit an application (BMV Form 2829), current proof of insurance, and proof of indigence (if applicable) for review.  The application and supporting document can be submitted in the following ways:

• By email: amnesty@dps.ohio.gov
• By fax: 1-614-308-5110
• In person at a deputy registrar license agency. NOTE: A service fee may be charged
• By mail to:
  OhioBMV
  Attn: ALS/Points
  PO Box 16521
  Columbus, OH 43216-6521

Be sure to keep a copy of all the documents submitted and proof of the date you submitted them.

Who can answer other questions about the Reinstatement Fee Debt Reduction and Amnesty Program?

For additional information about Ohio’s Reinstatement Fee Debt Reduction and Amnesty Program:

• Call 1-844-644-6268
• Visit State of Ohio BMV (for more FAQs and Live Chat)

Are people who are incarcerated entitled to Economic Impact Payments (EIPs) from the federal government?

A recent federal court order certifies a nationwide class of people incarcerated in state and federal prisons, and requires the U.S. Department of Treasury, the U.S. Internal Revenue Service (IRS), and the United States of America to stop keeping  CARES Act stimulus funds from people only because they are incarcerated.

As a result of the court order, the IRS must:

• Pay stimulus relief to people who are incarcerated as long as they are eligible for the payments Send payments to people by October 24, 2020 who had their EIP taken away because of incarceration
• Re-consider any claim for a refund check that was previously denied by the October 24^th, 2020
• Send informational packets to people covered by the lawsuit by October 27^th that include:
  • Legal notice
  • IRS Form 1040 (Use this IRS Form 1040 if you are 65 or older)
  • Instructions for completing and mailing the Form 1040
• Send a letter to correctional facilities notifying officials about the informational packets and urging them to distribute the contents to all incarcerated individuals as soon as they arrive. (Click here to see a copy of the cover letter the IRS sent).

Who is eligible for the Economic Impact Payments (EIP)?

You are eligible to claim the EIP if all the following requirements apply to you:

1. You are a U.S. Citizen or a Lawful Permanent Resident (LPR)
2. You are not married to someone who lacks a social security number, or have a child who lacks one (unless you or your spouse served in the Armed Forces in 2019)
3. You filed a tax return in 2018 or 2019 or you were exempt from doing so because your income in 2019 was below $12,000 a year or, if married and filed jointly, below $24,400.
4. You were not claimed as a dependent on another person’s tax return.

My loved one is incarcerated and authorized me to file a claim on their behalf – is that okay?

The IRS has not provided clear directions about this situation.   The best option is for the claimant to fill out and sign  the paper  Form 1040.

What is the filing deadline?

Paper claims on Form 1040 must be postmarked by  November 4, 2020.  If you have access to a computer, you may file online by November 21, 2020 at 3pm.

How do I file a claim and  what information will I need?

If you filed a 2018 or 2019 tax return or you receive Social Security Benefits or Railroad Retirement Board Benefits, you do not need to file a claim.  However, if you did not file a 2018 or 2019 tax return and your income was below $12,200 (or $24,400 if filing jointly) in 2019, then you should file an online claim through the IRS’s website.

You will need:

1. Name
2. Mailing address
3. Email address
4. Date of birth
5. Valid Social Security number (unless you have an Individual Taxpayer Identification Number (ITIN) and are married to a military member)
6. Bank account and routing number (if you want a direct deposit into your account rather than a check)

If you will be including dependents in your filing, you will need the following for each qualifying child:

1. Name
2. Social Security number or Adoption Taxpayer Identification Number
3. Relationship of child to you or your spouse

I don’t have access to a computer. What are my other options?  

You can complete IRS Form 1040 (Use this IRS Form 1040 if you are 65 or older). Take a look at this sample form for assistance filling out the form. If you live in Ohio, you should mail it to:

Department of Treasury
Internal Revenue Service
Fresno, CA 93888-0002

If you are not currently incarcerated, you can request help completing an online claim by contacting the Cuyahoga Earned Income Tax Coalition.  Call 216.293.7200.

Can I make a claim if I don’t have a bank account? Where will my check go?

The IRS is circulating a new advisory about a requirement that some incarcerated fund recipients have their checks sent to specific prison P.O. Boxes or trust accounts. You may use your institution address as your “Home Address” on Form 1040 (even if it is a P.O. Box). If you do, include your inmate identifying number after your last name (i.e. “Smith #98765-432”). See this flyer for an example.

What if I already applied for a stimulus check before September 24^th and was rejected? Or what if my stimulus check was intercepted or returned?

The court order directs the IRS to automatically re-process these claims by October 24, 2020. After October 24, 2020, check the IRS website to view the status of your claim at www.IRS.gov/getmypayment.

Are you a low-income U.S. Veteran facing problems with:

Money:

• Have you been denied VA benefits because of a less than honorable discharge?
• Have your veteran’s benefits been terminated or reduced due to an overpayment?
• Have you been denied or terminated from other government benefits? (e.g. Food Stamps, cash assistance, SSI, Unemployment Compensation)
• Do you have debts that cause problems with meeting your needs, for example obtaining utilities, driver’s license, or housing?
• Have you received any letters or notices from the IRS about your federal taxes?
• Is the VA trying to collect money from you?

Housing?

• Have you applied for and been denied a subsidy to help pay for housing?
• Is your rent subsidy being terminated?
• Does your apartment need repairs that your landlord refuses to make?
• Has your landlord given you a notice to leave your apartment or are you being evicted?
• Are you behind on mortgage payments or facing foreclosure?

Family?

• Are you afraid for your safety because of someone who lives with you?
• Are you afraid for your child’s safety?
• Does your child have problems in school with learning or with behavior?

Health?

• Do you have trouble accessing health care because of your discharge status?
• Do you have trouble filling your prescriptions for medication?

Employment?

• Do you have a criminal record that prevents you from getting a job?
• Have you been denied a professional license (e.g. barber, day care provider, STNA?)
• Do you need your driver’s license reinstated in order to work?

If YES, contact The Legal Aid Society of Cleveland for help. Choose the option easiest for you from the other side of this flyer. When you contact Legal Aid, remember:

• You will have to provide income information to determine your eligibility for services (Legal Aid only serves people who have a low income in Cuyahoga, Ashtabula, Geauga, Lake and Lorain Counties);
• You will have to provide copies of any relevant papers and Legal Aid will often send you papers to sign and return before they can help you; and Legal Aid will try to offer information and assistance whenever possible.

Click here for an informative flyer you can print and share with others!

The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities. It also requires that people with disabilities have equal access to state and local government programs and services. When necessary, state and local governments must make “reasonable modifications” to programs and services and services to make them accessible for people with disabilities.

Examples of Reasonable Modifications:

• Applications for public housing often require completing multiple forms. Under the ADA, the public housing authority must provide additional assistance to applicants with intellectual disabilities as they complete the forms. If a person with low vision cannot read the forms, the public housing authority may print their forms in a larger font or read them out loud to the person.
• Public services are required to allow a person who uses a service animal to bring their animal into the building even if it has a ‘no pets’ policy.
• A public pool may have to make an exception to its no food policy so that a person with diabetes, who needs to eat frequency, can bring in food.

How Do I Ask For a “Reasonable Modification” If I Need One?

To receive a reasonable modification from a state or local government program, you must ask for it. If your need is obvious, your request should be simple. For example, if you are blind and you need help locating materials in a library, ask the librarian for help and they should help you.

But if your need is less obvious, you may have to take additional steps. Here are some tips on how to request a reasonable modification:

• Make the request in writing, date it, and keep a copy. The government program or service may have special forms that you can use to do this, but a form is not required. If you make your request orally, follow it up with a letter and keep a copy. Your request usually should go to a person called the “ADA Coordinator.”
• Your request can come from someone else, like a family member or service provider.
• You may need to get verification of your disability. The ADA allows the agency to ask you for limited medical information to support your request. For example, if you have a learning disability and need help filing for state benefits, you may need to provide a simple letter from your healthcare provider along with your written request for a reasonable modification.
• Does the agency have to provide the modification you ask for? No – the agency only must provide modifications that are “reasonable and effective” and give meaningful access to the program or service.

What Do I do if my Request for a Reasonable Modification is Denied?

If your request for modification is denied, you can appeal the denial by following the government office’s internal procedures. You can also file a complaint with the U.S. Department of Justice at https://www.ada.gov/filing_complaint.htm. You must file the complaint within 180 days of the discrimination.

More information regarding the ADA can be found at www.ada.gov.

What is an “ABLE” account?

Congress passed the Achieving a Better Life Experience (ABLE) Act in 2014. The new law allowed 42 states, including Ohio, to create special savings and investment accounts for individuals with disabilities. In Ohio, these special accounts are called STABLE Accounts.

STABLE Accounts offer the opportunity to save money and build wealth. They do not affect eligibility for needs-based public benefits programs like SSI, Medicaid, and SNAP. Anyone can contribute money to a STABLE account. The maximum total amount that can be deposited each year is $15,000.

If you decide to invest, you can choose among several options. If you use the money you make from investments on qualified expenses, then the investment money you earned is tax-free. If you do not want to invest, you can use the STABLE account as a savings account.

Who is eligible for a STABLE account?

The basic requirements to open a STABLE Account in Ohio are:
• You must have developed disabilities before age 26, and
• Have at least $50.00 to put in the account

Disability status may be shown with either SSI or SSDI benefit statements, or a certification letter from your doctor.

Even if you’re not eligible now, proposed changes to the law may make you eligible in the future. For example, a bill before Congress would raise the age before which you must have developed your disability from 26 to 46.1 This bill would drastically increase the number of Americans eligible.

Visit www.stableaccount.com and click “Eligibility Quiz” to find out if you or a loved one qualifies to start saving with STABLE.

What are the benefits of a STABLE account?

You can easily use your STABLE account to pay for certain programs and items. You can use the money in your account to fund education,
transportation, basic living expenses, job training, legal fees, assistive technology, and more!
How does a person sign up?
Go to www.stableaccount.com to get started!

This article was written by Bridget Sciscento and appeared in The Alert: Volume 35, Issue 3. 

When you are not satisfied with the decision that the local VA office made on your claim, you may request an appeal. When you request an appeal, you are asking the Board of Veterans’ Appeals to review the decision because you do not agree with it. You can appeal for any reason.

• The appeals process click here.
  • For more information and for an in-depth explanation of the appeals process click here to refer to a helpful pamphlet.
  • For information on appealing a disability claim decision click here.
  • For information on filing a court appeal to a claim click here.
• Forms for appealing a claim click here.

There are many different types of benefits available to veterans. Are you unsure of which benefits you may be able to apply for? The links below will help you figure it out:

• If your discharge was less than fully Honorable please click here.
• For an explanation of the difference between Department of Defense, Veterans Affairs, and Social Security Benefits click here.
• For a guide to help you find out which benefits you may be able to apply for click here.
• A screening guide that helps veterans find out which benefits they may be able to apply for is available here. http://statesidelegal.org/va-benefits-quick-screening-guide. This guide is not meant to give legal advice and is only a tool to help you determine which benefits you may qualify for. Since the information that you will receive is based on your answers, make sure to read the questions carefully and to answer accurately.
• VA benefits…compensation or pension? click here.
• Once you figure out that you may apply for VA benefits, you have to determine which VA benefits you qualify for: service-connected disability compensation (compensation) or non-service-connected disability pension (pension). Both types of benefits are based on disability, but there are several differences between compensation and pension.PensionCompensation
  

  Need-based program	Not based on need or income
  To be eligible must have wartime service, low income, and total and permanent disability	Do not need to have total disability, low income, or wartime service
  Do not need to connect disabilities to the time of military service	Need to connect disability to the time of military service
  Veterans aged 65 years and older are presumed to be permanently and totally disabled	No presumption of disability for veterans aged 65 years and older

  A more detailed explanation of the differences between VA compensation and VA pension, including the requirements for each is available here.

• If you meet the requirements for VA pension benefits click here.
• Click here for more information on VA pension and to download the form you need to fill out to apply
• If you meet the requirements for VA compensation benefits click here.

A ward has the right to be treated with dignity and respect, and other important rights, including:

• To speak privately with an attorney, ombudsman or other advocate
• To have an interpreter if the person does not speak English or is deaf or hearing impaired. The ward cannot be charged fees for these services
• To have witnesses appear in Court and speak on behalf of the ward
• To privacy. This includes the right to privacy of the body and the right to private, uncensored communication with others by mail, telephone and personal visits.
• To exercise control over all aspects of life that the Court has not delegated to the guardian
• To appropriate services suited to person needs and conditions, including mental health services
• To have the guardian consider personal desires, preferences and opinions
• To safe, sanitary and humane living conditions within the least restrictive environment that meets a person’s needs
• To equal treatment under the law, regardless of race, religion, creed, sex, age, marital status, sexual orientation, or political affiliations
• To have explanations of medical procedures or treatment
• To have personal information kept confidential
• To review records, including medical, financial and treatment records
• To procreate, or consent or object to sterilization
• To drive, if legally able
• To vote, if legally able

Helpful organizations and websites: 

For more information about guardianships, see the Ohio Guardianship Guide at www.ohioattorneygeneral.gov/files/publications.   Helpful forms and other information may also be found at Disability Rights Ohio, www.disabilityrightsohio.org.   Persons in need of help with a guardianship issue can contact Disability Rights Ohio at 614-466-7264 or 1-800-282-9181 (toll-free in Ohio only) and TTY:  614-728-2553 or 1-800-858-3542 (toll-free in Ohio only).

Information about alternatives to guardianships can be found at Pro Seniors at www.proseniors.org.  Pro Seniors’ Legal Hotline for Older Ohioans provides free legal information to all residents of Ohio age 60 or older.  They can be contacted at 800.488.6070 and TDD 513.345-4160.

To apply for help from Legal Aid with a guardianship related problem or other civil legal matter, please call intake at 1-888-817-3777 or visit a neighborhood Brief Advice Clinic (see schedule at www.lasclev.org).

Disabled Veterans may be due federal income tax refunds for taxes they paid on one-time, lump-sum disability severance payments (DSP). 

During July of 2018, the IRS mailed letters on behalf of the Department of Defense (DoD) notifying affected veterans of their eligibility to file a claim with the IRS for a refund or credit of an over-payment attributable to the DSP. The deadline to file for the refund is one year from the letter’s date.

Veterans who did not receive the letter and estates or surviving spouses of veterans also may be eligible. Veterans may claim the standard refund or may pursue a refund based on proof of the actual amount of DSP.

Click here for more information through the Defense Finance and Accounting Service.

Click here for more information through the the Internal Revenue Service.

The Combat-Injured Veterans Tax Fairness Act of 2016-Veteran’s Disability Compensation for Veterans Separated due to Medical/Disability, the Internal Revenue Manual (IRM) 21.6.6.4.20.2  and/or by calling the IRS at (833) 558-5245.      

By July 30, 2018, public housing providers will all be required to implement smoke-free policies in residential buildings. The smoke-free policies prohibit residents from smoking in their units or outside of designated smoking areas. The U.S. Department of Housing and Urban Development (“HUD”) supports these bans in the interest of residents’ health and minimizing repair costs.[1]

Public housing authorities (PHAs) in Cuyahoga, Ashtabula, Geauga, Lake and Lorain counties have begun to implement smoking bans based on HUD’s proposed “Smoke-Free Public Housing” rule from November 2015.[2] Some PHAs may implement their smoke-free policies sooner than the July 30, 2018 requirement.

The smoking bans include all lit tobacco products, including cigarettes, cigars, and pipes. Smoking will be prohibited in all public housing residential units, common areas, offices and the first 25 feet from the outside of the building.[3] Some housing providers may provide a Designated Smoking Area (DSA).[4] However, this is not required and the housing providers may choose to make the entire property smoke-free. All leases must include the smoking policy by July 30, 2018.

If a resident has a disability, a reasonable accommodation may be made to make it easier for the resident to access the area where smoking is allowed (i.e., the DSA or 25 feet from the building). However, the reasonable accommodation cannot allow a resident to smoke in the residential unit.

The goal of the smoke-free policy is to provide residents and staff with a healthier and safer environment. PHAs are encouraged to partner with their local and state health departments and tobacco control organizations to help residents who want to quit.

Each PHA has discretion on how to enforce its smoke-free policy. HUD recommends gradually increasing the consequences for violations, starting with verbal warnings, then a written warning, followed by a final notice. After repeated violations, enforcement of smoke-free policies could result in evictions for tenants that do not adhere to the policy or continue to smoke in their unit.

PHAs should be providing notice to all tenants in advance of this change to policy and to lease agreements. Residents should speak with their property manager about any questions or concerns in advance.

This article was written by Abigail Staudt and appeared in The Alert: Volume 34, Issue 1. Click here to read a full PDF of this issue!

[1] Change Is In The Air: An Action Guide for Establishing Smoke-Free Public Housing and Multifamily Properties, Department of Housing and Urban Development, p. 10-17 (2014). Electronic version here.

[2] Instituting Smoke-Free Public Housing, 80 Fed. Reg. 71,762 (Nov. 17, 2015)

[3] 324 CFR §965.653(c)

[4] 324 CFR §965.653(b)

A CQE or “Certificate of Qualification for Employment” can help someone with a criminal record by removing automatic or mandatory restrictions on the types of jobs or professional licenses they can have. Persons with a criminal record often experience these automatic or mandatory restrictions (also known as collateral sanctions/consequences) when they are denied a job or a professional license due to their criminal record. A CQE does not guarantee a job or license. A CQE does not seal or erase the criminal record, so employers can still see a person’s conviction history. A CQE requires employers and state licensing boards to consider each applicant’s record individually instead of denying an applicant based on a blanket restriction. A CQE also benefits employers who hire someone with a CQE by providing immunity from negligent-hiring lawsuits if the person with the CQE re-offends.

Applicants for a CQE must meet the following eligibility requirements:

• If convicted of a misdemeanor, it must be more than 6 months since the individual has been released from all court supervision, including paying all fines and fees.
• If convicted of a felony, it must be more than 1 year since the individual has been released from all court supervision, including paying all fines and fees.

There are no limits on the number or type of convictions a person can have in order to be eligible, but some limitations exist for people convicted of violent crimes. Also, CQEs are not available for federal or out-of-state convictions or collateral sanctions.

Recent changes to Ohio law have made the process of applying for a CQE slightly easier. Now applicants only need to provide a general statement about how the CQE will assist them. Also, out-of-state residents with an Ohio criminal record can apply for a CQE in any Ohio county where they have a conviction. Current Ohio residents should still apply in the county where they live, even if their conviction is in a different Ohio county.

Lastly, the new law directs the Ohio Department of Rehabilitation and Corrections (ODRC) to make rules allowing CQE applications sooner than 6 months for misdemeanors and 1 year for felonies. ODRC must also keep track of CQEs granted and revoked, as well as employers where
people with CQEs have been hired.

In order to apply for a CQE a person can complete an application online at www.drccqe.com or call Legal Aid at 1.888.817.3777 to apply for help.

This article was written by Andrew Torres and appeared in The Alert: Volume 34, Issue 1. Click here to read a full PDF of this issue!

Ohio has two types of Homestead Exemption: (1) senior and disabled persons homestead exemption and (2) disabled veterans enhanced homestead exemption.

Senior and Disabled Persons Homestead Exemption protects the first $25,000 of your home’s value from taxation. For example, if your home is worth $100,000, you will be taxed as if the home were worth $75,000.

Who is eligible?

1.  A homeowner who owns and lives in the home as their primary residence as of January 1st of the year for which they apply and
   • is 65 years old (or who will turn 65 the year for which they apply) or
   • is permanently and totally disabled as of the 1st day of the year for which they apply.
2. The surviving spouse of a person who had been enrolled in Homestead who was at least 59 years of age when the spouse died.
3. Applicants must have a total gross income (applicant plus applicant’s spouse, if any) below the amount set by law each year. The 2017 household income limit is $31,800. See www.tax.ohio.gov for income limits in future years.

Disabled Veterans Enhanced Homestead Exemption protects the first $50,000 of your home’s value from taxation. For example, if your home is worth $100,000, you will be taxed as if the home were worth $50,000.

Who is eligible?
A homeowner who owns and lives in the home as their primary residence as of January 1st of the year for which they apply and

• is a veteran of the Armed Forces of the United States (including Reserves and the National Guard) who was discharged or released from active duty under honorable conditions; and
• has received a 100% disability rating for compensation based on individual un-employability for a service-connected disability or combination of service-connected disabilities.

What property is eligible?
For both exemptions:
The property must be where you usually live;

1. You must have been living there as of January 1st of the year for which you apply; and
2. You must be on the deed, or if the property is held in a trust, you must give the Auditor a copy of the trust.

How do you apply?
For both exemptions:

1. Fill out application form DTE105A—you can get the form at your county Auditor’s office, at your county Auditor’s website, or at the Ohio Department of Taxation’s website (tax.ohio.gov).
2. File form DTE105A with your county Auditor—you must file the original form that has your ink signature (not a copy). You cannot electronically file the form.
3. If your eligibility is based on AGE, you must submit PROOF OF AGE with your application. You can prove your age with a copy of your driver’s license (current or expired), State of Ohio ID card, birth certificate or passport (current or expired).
4. If your eligibility is based on DISABILITY, you must submit PROOF OF DISABILITY with your application. You can prove your disability by getting the Auditor’s Certificate of Disability form signed by your doctor OR by giving the Auditor a copy of a statement from Social Security, the Department of Veterans Affairs, the Railroad Retirement Board, or the Ohio Bureau of Workers Compensation that says you are totally and permanently disabled.
5. If your eligibility is based on VETERANS DISABILITY, you must submit the letter you received from the U.S. Department of Veterans Affairs stating that your application for the status of individual un-employability has been granted (including percentage assigned) along with a copy of your DD-214.

When do you apply?
For both exemptions:

1. In September 2016, the law changed to allow real property (land and buildings attached to the land) applications to be filed any time before December 31st. If you are applying for the exemption on a manufactured or mobile home, you have to apply on or before the first Monday in June.
2. If you were eligible for the exemption last year, but did not apply, you can file a late application for the previous year at the same time that you file your application for the current year.
3. If you are approved for the Homestead Exemption, you do not need to re-apply in future years.

To get an application form, or if you need help or have questions, call your county Auditor’s Homestead Department:
In Cuyahoga County, call 216.443.7010
In Ashtabula County, call 440.576.3445
In Lake County, call 440.350.2536
In Geauga County, call 440.279.1617
In Lorain County, call 440.329.5207

This article was written by Kristen Nawrocki and appeared in The Alert: Volume 33, Issue 3. Click here to read a full PDF of this issue!

Even green card-seekers who already have an approved alien relative petition may still have an immigration problem if they have overstayed their visas or illegally entered the United States before or while waiting for a green card. This situation is also known as “unlawful presence,” and it makes the application process more difficult and more likely to be denied.

Immigrants in this situation may want to apply for a waiver to excuse the unlawful presence. In the past, immigrants first had to interview at the consulate or U.S. embassy in their home countries for the green card application. In the case of an unlawful presence, the immigration officer would deny the application. These immigrants would be allowed to apply for the waiver.
This process could take weeks or months and if the waiver was denied, could result in being banned from entering the U.S. for 3 or 10 years.

Since August 2016, some people may be eligible for a provisional waiver. The person applying for the waiver must be the spouse or child of a citizen or green card holder and at least 17 years old. They cannot be in removal proceedings. The only reason for denying their green card application is the unlawful presence. Finally, the applicant must prove that it would be an extreme hardship for the citizen or green card holder to live without the applicant or to relocate with the applicant.

Immigrants may apply for the waiver while in the U.S., even if they are unsure all the requirements are met. This way, they will know if their waiver applications are approved before needing to leave the country. If a waiver is approved, the process for getting a green card is much easier. However, it still requires returning to a person’s home country and interviewing with the consulate. Although the U.S. will initially deny the application, the waiver will allow the person to receive a green card.

This article was written by Cory Stevenson and appeared in The Alert: Volume 33, Issue 2. Click here to read a full PDF of this issue!

You can apply for a Certificate of Qualification for Employment (CQE) if you are not eligible to seal a criminal record.

Legal Aid is now assisting individuals with criminal records who are interested in applying for a Certificate of Qualification for Employment (CQE).

A CQE does not seal or expunge the record, but will allow those who have a felony or misdemeanor conviction to apply to the court to lift the collateral sanction that would automatically bar them from being considered for employment, certification or licensure in a particular field.

To apply for help from Legal Aid, call our intake line at 888-817-3777.

As of summer 2017, new American Sign Language resources are available for persons who are deaf or hard of hearing!

Disability Rights Ohio and the Deaf Services Center worked together with support from the Ohio State Bar Foundation to create 18 videos explaining legal rights and remedies in ASL as well as services available through DRO.

The resources are available at http://www.disabilityrightsohio.org/deaf-hard-hearing.

Examples include “Individuals who are deaf or hard of hearing can get help to communicate in court” and “Your right to effective communication with medical and other treatment providers” among many other important topics.

Grandparents sometimes find themselves caring for a grandchild unexpectedly. This often happens without any formal court order giving the grandparent custody or guardianship. Without custody or guardianship, the grandparent will face problems getting medical care for the child or dealing with the child’s school.

Ohio law offers two options that give temporary custodial rights to grandparents in this situation depending on whether the parent can be located. If the parent can be found and agrees that the child live with the grandparent, the parent and grandparent can together sign a grandparent power of attorney (POA). If only one parent signs the POA, then a copy of the POA must be sent by certified mail to the noncustodial parent.

If the parent cannot be found after reasonable efforts have been made to locate the parent, then a grandparent caretaker authorization affidavit (CAA) can be completed instead. Only the grandparent needs to sign the CAA.

Both the POA and CAA need to be notarized at the time the document is signed. Then within five days of being created, the document must be filed at the juvenile court for the county where the grandparent lives.

The POA and the CAA give the grandparent custodial rights and responsibilities for the care of the child. This means the grandparent can enroll the child in school, get information about the child from the school, and consent to medical care for the child. Neither the POA nor the CAA affect the rights of the parents or grant legal custody to the grandparent.

The POA and the CAA end when the person who created the document cancels it, the child stops living with the grandparent, or the parent terminates the CAA.

Forms and instructions for the grandparent power of attorney and the caretaker authorization affidavit can be found on the Cuyahoga County Juvenile Court website under the heading, “Grandparent Power of Attorney and Caregiver Authorization.” These forms can be used across Ohio.

This article was written by Katie Feldman and appeared in The Alert: Volume 33, Issue 1. Click here to read a full PDF of this issue!

Advance directives help ensure that you receive the medical care you would want even when doctors and family members are making decisions on your behalf. There are two different types of advance directives: Health Care Power of Attorney and Living Will.

Health Care Power of Attorney: This document allows you to legally appoint a person to make health care decisions for you if you lose the ability to make your own decision, even if the period of disability is temporary. It is important for you to discuss how you feel about important health care treatments so that the person to whom you assign this responsibility understands your wishes and is comfortable with the role.

Living Will: With this document, you specify whether or not you would want life sustaining treatment in the case that you are unable to make an informed medical decision and you are in a terminal condition or a permanent unconscious state. You may also specify your wishes regarding organ and tissue donation in this document.

To start the advance directive planning process, speak with your doctor about the types of health care decisions that could come up in your future. Consider what is important to you and your family. Once you feel confident about your wishes, you need to complete legal forms. Your local area agency on aging can assist you in finding the correct documents. Alternatively, you can seek help from a lawyer to complete the documents. Low-income older adults and people with disabilities or serious illness can apply to Legal Aid for help by calling 1-888-817- 3777. You can also use this online interview tool, which will help you create your own Living Will or Health Care Power of Attorney (https://lasclev.org/selfhelp-poa-livingwill/).

After completing your advance directives, give a copy to your doctors, and make your family and close friends aware of where you keep a copy. Also give copies of the directive to the person named as your Health Care Power of Attorney. It is never too early to start planning, and remember to review your advance care planning decisions at least every 10 years.

This article was written by Emily Depew and appeared in The Alert: Volume 33, Issue 1. Click here to read a full PDF of this issue!

With Alzheimer’s disease and other cognitive impairments on the rise, many seniors are unable to manage their money, including Social Security benefits. To make sure these seniors receive and properly use their benefits for food, housing, and other essential needs, the Social Security Administration (SSA) can appoint a third party, known as a “representative payee.” Seniors, advocates, and caregivers should be aware of the representative payee program and its importance.

Choosing a Representative Payee
When seniors receiving social security benefits or their caretakers feel they cannot manage their money, they can ask the SSA to appoint a representative payee. The benefits are paid directly to the payee. SSA will first look to the beneficiary’s family and friends who are willing to serve as a payee. If no family or friends are available, SSA may appoint an organization to be the payee. The individual or organization seeking to become the payee must apply with the local SSA field office or online.

Duties of a Representative Payee
SSA encourages payees to take an active role in the beneficiary’s life. A representative payee must:
• Meet with the beneficiary on a regular basis.
• Use the money to pay for the beneficiary’s needs, including housing and utilities; food; medical and dental expenses; personal care items; and clothing.
• Save any unspent benefits to meet later needs.
• Keep accurate records of benefit payments and how they are spent and regularly report that information to SSA.
• Report any changes that may affect the payment of benefits.

Protection Against Misuse of Benefits
For seniors on fixed incomes, every penny counts. All payees must follow SSA rules. They must maintain records showing all money received and purchases made on beneficiaries’ behalf. If a payee misuses benefits, SSA can impose criminal and civil penalties. Suspected misuse should be reported to the local SSA office, or by calling 1-800-269-0271 (TTY 1-866-501-2101), or submitting a report online at http://oig.ssa.gov.

Resources
• For help when social security benefits are terminated or reduced because of an overpayment, recipients can apply to The Legal Aid Society of Cleveland by calling 1-888-817-3777.
• For more information about the SSA Representative Payee program see https://www.ssa.gov/payee/ – “When People Need Help With Their Money” and also this fact sheet.
• Adults age 60 and over may also contact ProSeniors telephone hotline by calling 1-800-488-6070.

This article was written by Deborah Dallman and appeared in The Alert: Volume 33, Issue 1. Click here to read a full PDF of this issue!

Everyone in the United States, regardless of immigration status, has certain rights when interacting with the police and immigration agents.  The rights include the right to remain silent, the right NOT to answer questions about immigration status, the right to refuse to sign any papers without first consulting an attorney, and the right to seek help from a lawyer.

EXCEPT:  All persons (citizens and noncitizens) have limited rights when crossing the border and can be subject to questioning and searches.  See further guidance at https://help.cbp.gov/app/answers/detail/a_id/176/~/cbp-search-authority.

The American Civil Liberties Union (ACLU) has put together an explanation of these rights and others related to what to do if contacted by a police officer or immigration agent. The information published by the ACLU is available in several languages and is available by clicking here.

Recipients of some Social Security Benefits who need help managing their money may have a “representative payee” appointed by the Social Security Administration.

A Rep Payee can be a friend, family member, or other trusted person or it can be an organization. Regardless, a Rep Payee is responsible for paying the beneficiaries living expenses and essential needs, and helping to manage the person’s money.

The Rep Payee must follow certain SSA rules, and may not use the beneficiary’s money for the Rep Payee’s own personal gain or fail to pay the beneficiary’s expenses.

If you know about problems with a Rep Payee, the issue should be reported to SSA Office of the Inspector General.

More information about making a report is available here.  More information about the Rep Payee program can be found here and in this brochure published by Legal Aid: What I Should Know If I Have a Rep Payee.

People who are not fluent in English have a right to an interpreter in many places, and options to enforce those rights.

Some common places that are required by law to provide interpreters are hospitals, public and charter schools, courts, public housing agencies, Social Security Administration, Internal Revenue Service, Veterans Administration, Unemployment Compensation, Bureau of Motor Vehicles, and the county Department of Job and Family Services.

A person not fluent in English should ask for an interpreter when going to these agencies. If they do not provide an interpreter, ask for a supervisor or for a customer service representative. If they still do not provide an interpreter, a person has the right to file a complaint with the U.S. Department of Justice.  For more information, go to: https://www.justice.gov/crt/filing-complaint or call: (888) 848-5306 – English and Spanish (ingles y español); (202) 307-2222 (voice); (202) 307-2678 (TDD).

The police are also required to provide interpreters for people who are not fluent in English.  In the City of Cleveland, if a law enforcement officer does not provide an interpreter while communicating with a constituent who is not fluent in English, that person can file a report with the Cleveland Police’s Office of Professional Standards and Civilian Police Review Board (OPS/CPRB).  For more information go to: http://www.city.cleveland.oh.us/CityofCleveland/Home/Government/CityAgencies/PublicSafety/OPS_PoliceReview or call: 216.664.2944.  In addition to filing a complaint with OPS, a person also has the option to file a complaint with the DOJ for the denial of an interpreter by the police (see above DOJ contact info.).  If the police force that denied service is one other than the City of Cleveland, the person can file their complaint with DOJ or check and see if there is a local option like in Cleveland.

Legal permanent residents (LPRs) who are not citizens in the United States face serious immigration problems in addition to criminal penalties when charged with a crime. Any criminal conviction has serious consequences on a person’s immigration status. A person’s application for a visa may be denied or a person with legal status can lose it and be deported.

The immigration issues resulting from criminal convictions impact a person’s family and community. For example, a legal permanent resident (LPR) lived in the U.S. since 1974. In 1989, at the age of 18, he was convicted of possessing marijuana and placed on probation for two years. Due to his status as a LPR, he was notified in 2011 – nearly 27 years after his conviction – that he was being removed because he is an alien convicted of a violation of the law relating to a controlled substance.

Having entered the U.S. over forty years ago, the man has become a husband, a father, and a valued and contributing member to his church community. If he were deported, it would create significant hardship for himself, his family and his community.

In some instances, a person can avoid deportation through a process called “Cancellation of Removal.” To qualify for cancellation of removal, a person must establish at a hearing in immigration court that:

1. He has been a legal permanent resident for at least five 5 years;
2. Prior to committing the offense, he had at least 7 years of continuous residence in the U.S. after having been lawfully admitted in any status; and
3. He has not been convicted of an aggravated felony.

Non-citizens are always subject to removal. The best way to avoid any risk of deportation is to naturalize. For information about immigration legal assistance available at Legal Aid, see https://lasclev.org/category/brochures/immigration-brochures/ or call 1-888-817-3777 to apply for help.

By Samerra Allooh and Luis Martinez

Ohio law makes sealing juvenile records easier than sealing adult criminal records. Nonetheless, a person with a juvenile record may deny employment, benefits or enrollment based on the record.

Juvenile records do not automatically seal. A juvenile may request their record be sealed as soon as six months after completing their sentence, or immediately when they turn 18, as long as they are no longer under an order from juvenile court, such as probation. A “sealed record” only can be seen by the Court. Once a record has been sealed, a juvenile may petition the court to expunge it, which means to permanently destroy it.

The Court does not automatically grant a request to seal a juvenile record. The burden of proving a record should be sealed can be hard for a young person to meet, especially without the support of a mentor or representation by an attorney. “For youth without a support network, it’s totally upon them to demonstrate they are sufficiently rehabilitated,” says Attorney Ponce de Leon. If a prosecutor objects that a juvenile petitioner must demonstrate maturity, responsibility, and productive plans for the future to successfully seal it.

The process of applying to have a juvenile record sealed can be empowering for young adults, by teaching them about the justice system, explained Legal Aid Society Attorney Danielle Gadomski Littleton. Most people mistakenly believe that a juvenile adjudication is a conviction. But when an employer asks if you have a criminal conviction, if your only offense is a juvenile record, you can honestly answer “no.”

Another important lesson is that court costs can be waived. Before the Court can seal a juvenile record, a petitioner must pay any outstanding court costs and fees. Attorney Gadomski Littleton advised that petitioners can always ask the Court to waive these fees after petitioning to seal their records but it’s up to the court whether to grant that request.

More information about sealing juvenile records can be found at this link. To apply for help from Legal Aid with sealing a juvenile record, call 1-888-817-3777.

By Rachel Kalayjian

New, standardized identification cards are now available to Ohio veterans.

Veterans can take their discharge form – DD Form 214 – to their county recorder’s office, along with a current and valid ID, in order to receive the new ID cards.  The ID can be used to prove eligibility for services and benefits, and for voting.

Counties may charge up to $2 for the ID.

New law protects victims’ addresses from public records: “Safe at Home” is an address confidentiality program that allows victims of domestic violence, stalking, human trafficking, rape or sexual battery to apply for an address designated by the Secretary of State (SOS) to serve as the person’s address to shield their residence address from public records, including voter registration lists.

Victims may only apply to participate in the program through a certified Application Assistant. When someone enrolls in Safe at Home, they are assigned a P.O. Box address.

There are many entities that may have a person’s name and address on file, and a program participant may request that any governmental or private entity, except for a municipal-owned public utility or the board of elections, use the P.O. Box address designated by the SOS as the participant’s address.

The law does not require a private entity to accept the SOS-designated address, but a state of Ohio governmental entity shall accept it.  More information and a link to find a certified application assistant can be found here.

Ohio launches first-of-its-kind saving and investment account for people with disabilities to pay for qualified expenses without jeopardizing eligibility for benefits – Achieving a Better Life Experience (ABLE) account program.

The ABLE Act of 2014 is federal legislation that authorizes states to establish accounts for people with disabilities that are tax exempt and are not counted when determining eligibility for means-tested federal programs. Ohio is calling its program the State Treasury Achieving a Better Life Experience (STABLE) program.

The accounts will allow people with disabilities to save and invest without losing eligibility for benefits. The STABLE program is open to anyone across the country who meets eligibility requirements, though the fees are higher for people who live out of state.

Ohio residents will pay $2.50 per month to maintain the accounts, while residents of other states will pay $5 per month. Participants can use the money from the account for qualified expenses, including education, health care, housing and transportation.

Participants will be able to choose between five different investment strategies that range in risk levels, including a banking approach that offers no risk and is backed by the Federal Deposit Insurance Corporation.  For more information, see http://www.stableaccount.com/.

Sometimes mental health or physical illnesses make it difficult for a person to make decisions about their basic needs, finances, and medical issues. If you or someone you care about struggles to make these kinds of life decisions, a court can appoint someone else to make the decisions. This process is called “guardianship.”

A guardianship starts with an application in Probate Court. Often, the application is filed by a family member or a social service agency. If someone applies to be a guardian for another person, that person has the right to be at all Court hearings. The Court will ask a doctor to evaluate the person, and the person has the right to ask for an independent expert evaluation (a second opinion from a different doctor). The person also has the right to have an attorney represent him or her. If the person cannot afford an attorney or independent expert evaluation, the court must pay these fees.

After the Court approves a guardianship, the person who struggles to make decisions is called a “ward” and the “guardian” must make decisions in his or her best interests. The guardian has to talk with the ward when possible. If a ward later feels capable of making independent decisions, he or she can ask the Court for a “Guardianship Review Hearing.” A review hearing can happen once a year; a request to modify or end the guardianship can be made anytime.

Before 2013, few Ohio probate courts appointed the ward an attorney in the Review Hearing. However, in January 2013, the Ohio Supreme Court decided that all Probate Courts must appoint an attorney if the ward could not afford one in the case State ex rel. McQueen v. Cuyahoga County. Now, Ohio law requires probate courts appoint an attorney to represent a ward at any hearing reviewing or challenging the guardianship, if the ward cannot afford counsel and requests an attorney.

For more information about guardianships, see Ohio Guardianship Guide at www.ohioattorneygeneral.gov/Files/Publications. Helpful forms and other information may also be found at Disability Rights Ohio, www.disabilityrightsohio.org.

This article was written by Deborah Dallman and appeared in The Alert: Volume 32, Issue 1. Click here to read a full PDF of this issue!

My child is not doing well in school.  Does my student need a 504 Plan or an IEP?

If a student is not doing well in school due to a disability, the student may need accommodations through a 504 Plan or special education services through an IEP.

If a student has a physical or mental disability that affects their school day, that student may need accommodations documented in a 504 Plan.  Accommodations could be a wheelchair ramp, a sign language interpreter, and extra breaks for a student with ADHD. These types of accommodations should be recorded in a 504 Plan, a legal document created by a team at the school that must include the parent. If a school does not follow the 504 Plan, a parent can file a complaint through the U.S. Department of Education, Office for Civil Rights.  The Cleveland office of the U.S. Department of Education can be reached at 216-522-4970.

If you believe your child’s disability requires special education services at school, you can ask that your child be tested for special education.  If the student qualifies, an Individualized Education Program (IEP) will be created for the student. An IEP records the plan for helping a child meet their individual goals. Examples of IEP goals are learning math facts, improving speech skills, and developing coping skills. The IEP will also include the services the school will provide to help the student meet their goals.  The IEP is a legal document created by a team that includes the parent. If a school does not follow an IEP, a parent can file a complaint with the Ohio Department of Education, Office for Exceptional Children which can be reached at 877-644-6338.

How do I request a 504 plan or IEP?

A parent can request that a student be tested for a 504 Plan or IEP by asking the school.  It is best to ask in writing so put your request in a letter to the school. Date the letter and state that the child has a disability which causes them to struggle in school so you would like them tested for a 504 Plan or an IEP. Give the letter to the school, but be sure to keep an additional copy of the letter.

If the school does not respond or denies the request for a 504 Plan, contact the Cleveland office of the U.S. Department of Education, Office for Civil Rights at 216-522-4970.

If the school does not respond or denies the request for special education, contact the Ohio Department of Education at 1-877-644-6338. For more information about requesting special education, see https://lasclev.org/i-think-my-child-needs-special-education-classes-what-is-the-process/

If the student had an IEP (Individualized Education Program) in high school, will it follow them to college?

College students with a disability have certain rights as they continue with their education after high school. However, your IEP does not go with you to college. Generally, colleges do not provide special education.  Instead of providing special education to students with disabilities, colleges must make sure that students with disabilities are treated fairly including receiving accommodations.

What protects students with disabilities from being discriminated against?

Colleges cannot discriminate against students with disabilities. There are federal and state laws that stop schools from doing this. These laws protect students with disabilities from being denied admission to a school because of a disability or being discriminated against by the school they attend.

What must the college provide?

Once a student with a disability starts college, these schools must provide academic accommodations and supports based on the student’s needs. Some examples of this help may include books on tape, note takers, readers, extra time for tests, or special computer tools. However, these schools do not have to provide students with personal equipment such as wheelchairs.

How does the student request these services?

The steps depend on the school. First, a student must tell the school about the disability if requesting services. Contact the school’s office for students with disabilities or ask an adviser where to start.

Students who experience discrimination because of a disability should contact the U.S. Department of Education’s Office for Civil Rights. The phone number in Ohio is 216-522-4970. Complaints can also be filled out online at: http://www.ed.gov/about/offices/list/ocr/complaintintro.html

The Americans with Disabilities Act (ADA) is a law that guarantees everyone has the same opportunity to enjoy and participate in American life. A person with a disability under the law is someone who has a physical or mental impairment that substantially limits one or more life activities. Life activities include learning, working, self care, performing manual tasks, walking, hearing and many more. How long a person’s impairment lasts is a factor used to decide if a person is considered disabled under the ADA. Impairments that last only for a short period of time are typically not covered, although they may be covered if very severe. A person may be protected under this law based on an existing disability, a record of a disability, or because she is perceived by others as having a disability.

The ADA protects people with disabilities in the work place. An employer must provide a qualified applicant or employee with the full range of employment opportunities. For example, the employer must provide recruitment, hiring, promotion, training, pay, and the same social activities to all employees including those with disabilities. An employer is not permitted to ask about an individual’s disability, severity, and treatment. An employer may ask about an applicant’s ability to do specific job functions. An employer may be required under the ADA to accommodate an employee who has a disability by modifying equipment or schedules. The ADA requires employers to post a notice that explains the law and its requirements.

The ADA protects people with disabilities in public accommodations. Examples of public accommodations include doctor’s offices, theaters, hotels, restaurants and retail stores. Existing facilities must ensure that individuals are not excluded so long as there is not an undue hardship on the owner. This is accomplished by modifying existing facilities, constructing additional facilities, or relocating to an accessible building. All new construction of places of public accommodations must be accessible. For example, public buildings should provide access for wheelchairs.

Additionally, the ADA protects people with disabilities when they use public transportation like buses or rapid transits. This law also requires the establishment of telephone relay services for individuals who use telecommunications devices for deaf persons (TDD’s).

For more information about the ADA, or to file a complaint if you feel there is a violation of the ADA, you may contact the Justice Department at www.ada.gov or 1-800-514-0301 (voice) 1-800 514-0383 (TTY).

This article was written by Davida Dodson and appeared in The Alert: Volume 32, Issue 1. Click here to read a full PDF of this issue!

The Social Security Administration (SSA) provides two benefits based on disability or blindness: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). While they both provide benefits for people who are “disabled”, SSDI and SSI differ in several ways.

To receive SSI or SSDI benefits, a person must have a “disability”. Social Security defines disability as: 1) a medically-determined physical or mental impairment which has lasted, or is expected to last, for at least 12 months, or is expected to result in death, and 2) because of this impairment, a person is not able to work in any “substantial gainful activity” (SGA.) Social Security determines that a person is able to work in SGA, if the employment income the person receives is over a certain amount.

SSDI provides benefits to persons who: 1) are “disabled” and 2) are “insured” by the Social Security trust fund. To qualify as “insured,” a person must have worked for a certain length of time, and  while working, paid FICA (Federal Insurance Contribution Act) taxes. Eligibility for SSDI does not depend on a person’s current income or resources.

SSI provides benefits to persons who: 1) are aged, blind or disabled (including children) and 2) have limited income and resources. A person is considered “aged” for SSI at the age of 65 years.

To be eligible for SSI, a person’s current income and resources cannot be over the specific dollar amounts or limits set by Social Security. Some types of income and resources are not counted, such as food stamps, home energy assistance, tax refunds, or tuition scholarships, among others.

In some cases, a child may qualify for SSI. Social Security defines a “child” as a person who:

1) is either under age 18 or under age 22 and regularly attends school, and

2) is not married or head of a household

For a child to be eligible to receive SSI benefits:

1) a child must be either disabled or blind, and

2) a portion of the income and resources of the child’s parents cannot be over a certain amount or limit.

Once a person qualifies to receive SSDI or SSI benefits, it is important to read notices from SSA and follow the program rules; otherwise, those benefits could be terminated. If benefits are terminated by SSA, the recipient can appeal the decision by following the directions on the notice or calling Legal Aid to apply for help at 1.888.817.3777.

This article was written by Karen Seawall and appeared in The Alert: Volume 32, Issue 1. Click here to read a full PDF of this issue!

The Social Security Administration (SSA) has authority to appoint a person or organization as representative payee for a beneficiary to manage payments for a beneficiary who is unable to do so.

The SSA follows certain procedures when administering the program in order to:

1. determine whether it’s in the beneficiary’s best interest to have a payee;
2. select the proper payee;
3. have adequate oversight over the payee’s activities; and
4. provide redress for any misuse of funds.

Read more about each of these procedures at Justice in Aging Fact Sheet: SSA’s Representative Payee Program.  If you know someone who may need a representative payee, call the SSA at 1-800-772-1213.

More information is available in this brochure published by Legal Aid: What I Should Know If I Have a Rep Payee

Civil Protection Orders (CPO) are intended to help protect domestic violence victims and hold abusers accountable for their actions. Under Ohio law, domestic violence victims (“petitioner”) to file a petition against their abuser (“respondent”)to ask the court  for relief that may decrease the violence occurring within the family.

Only the court in each county that hears domestic relations matters may issue domestic violence CPOs. A petitioner must provide evidence to the court that he/she or a family or household member is in immediate and present danger of domestic violence. For example, a civil protection order may be considered where a family or household member experiences recent physical abuse, threats to harm or kill or stalking behavior.

A petitioner must fill out forms and complete a sworn statement describing the violence. She/he must appear in court with the forms which will be reviewed by a magistrate to decide if an “ex parte” order should be granted. “Ex parte” means the respondent/abuser is not in court for the hearing. If granted, the petitioner will get a temporary protection order after this first hearing.

There is another hearing within 7 or 10 court days. At this next hearing, the respondent can be present to dispute what the petitioner says or write in his or her statement. The protection order is either granted or denied. Sometimes the parties may agree to the terms of the CPO. If not, there will be a hearing before the magistrate to decide if the petitioner has presented enough evidence to obtain a CPO. If granted, the CPO can stay in place for up to 5 years. It can also be renewed, modified or terminated by further court hearing.

If granted, the court shall order that the abuser is stopped from abusing, threatening, or stalking the petitioner and other family or household members. The court may also stop an abuser from hurting the family pet. The court can also prohibit the abuser from having contact with any family or household member or going to the home, school, or place of employment. The court may evict the abuser and grant immediate possession of the home to the victim. The court may also order support, custody, visitation, or use of property which may include the car.

A CPO may be obtained with or without an attorney. A victim may be accompanied by a victim advocate during all stages of the proceedings. Call the hotline phone numbers listed in this newsletter to ask about availability of DV advocates. Legal Aid helps in some domestic violence CPO cases. Call Legal Aid at 1-888-817-3777 to apply for help.

This article was written by Legal Aid Senior Attorney Alexandria Ruden and appeared in The Alert: Volume 31, Issue 1. Click here to read a full PDF of this issue!

Anyone can be a victim of domestic violence, including immigrants.  In fact, abusers often try to use a person’s immigration status as a method to control or abuse an immigrant victim.  For example, a U.S. citizen husband who constantly threatens to call the immigration authorities on his undocumented immigrant wife and have her deported is abusing her.

The government recognizes that immigrants who are victims of domestic violence can be particularly vulnerable.  There are special immigration laws that help protect immigrant victims of domestic violence.  One allows immigrant spouses of US citizens (USC) or lawful permanent residents (LPR) who have a green card to file a petition for themselves to remove conditions of residency.  A second allows victims who do not have a green card to file a self-petition if they meet certain criteria under the Violence Against Women Act (VAWA).  A third option allows victims of violent crimes, including domestic violence, to apply for a U-Visa if they can demonstrate cooperation with law enforcement in the investigation or prosecution of the crime.

Option 1: Self-petition to remove conditions of residency

When a USC or LPR applies for permanent residency status for their immigrant spouse, the immigrant spouse is granted a green card with conditional residency for two years.  Before the end of the 2 years, the immigrant spouse typically must file a joint petition, with their spouse, to remove the conditions.  However, in abusive relationships, the USC or LPR spouse often refuses to file the joint petition.   Abused immigrant spouses may file to remove the conditions on their residency by themselves if they can prove that they got married “in good faith” (not for immigration purposes), but during the marriage their spouse abused them.   If the immigrant spouse is successful in their self-petition, they then receive permanent residency status and a 10 year green card.

Option 2: Violence Against Women Act Self-Petition

The VAWA self-petition is for immigrants who do not have a “green card, but who meet one of five categories:

1) they are  married to an abusive USC or LPR spouse;

2) their USC/LPR spouse is abusing their child;

3) they were married to an abusive USC or LPR (as long as the divorce was within the last 2 years or the spouse lost their immigration status in the last 2 years);

4) they are the child of an abusive USC or LPR; or

5) they are a parent who is abused by their USC adult child.

Immigrants who complete a VAWA self-petition must show that they married their spouse in good faith, and if they were deported it would cause extreme hardship to themselves or their child.   If the self-petition is approved, the immigrant victim gets a work permit and can apply for a green card.

Option 3: U-Visas for victims of crimes

A U-visa is a type of visa available to immigrants who are victims of certain crimes, including domestic violence.   Other eligible crimes include rape, sexual assault, and sexual exploitation. The immigrant victim must show that they were helpful to law enforcement in the investigation or prosecution of the crime.  If a U-visa application is approved, the applicant gets a work permit valid for four years.  Also, after having U-visa status for 3 years, an immigrant can apply for a green card.

More information about the immigration benefits available to domestic violence victims is available at www.uscis.gov.  Legal Aid provides assistance to immigrant victims in some cases.  Call Legal Aid at 1-888-817-3777 to apply for help.  Legal Aid is not a government agency and does not share information with Immigration and Customs Enforcement (ICE).

This article was written by Legal Aid Staff Attorney Katie Laskey-Donovan and appeared in The Alert: Volume 31, Issue 1. Click here to read a full PDF of this issue!

Cuyahoga County, in partnership with the City of Cleveland, recently opened the new Family Justice Center, a one stop center for victims of domestic violence, sexual assault, child abuse, elder abuse and stalking. The center is designed to help victims and survivors access the professionals they need, while in a comfortable, healing environment.  Cuyahoga County is excited to join the Family Justice Center movement, which has launched over 120 centers worldwide in the last fifteen years. Family Justice Centers are considered to be state of the art and let victims of crime choose better coordinated services that will help them live safer lives.

The center was launched after years of planning and coordination amongst multiple partners, including the Legal Aid Society of Cleveland. Teams of professionals, survivors, and funders met regularly to ensure that Cuyahoga County’s Family Justice Center was built with victim needs in mind.

Onsite service providers include the Witness/Victim Service Center, Domestic Violence & Child Advocacy Center, Cleveland Rape Crisis Center, Frontline Services, City of Cleveland Division of Police, and City of Cleveland Prosecutor’s Office. The Family Justice Center also has relationships with the County’s Division of Children & Family Services, the County Prosecutor’s Office, and the Legal Aid attorneys. Although there are Cleveland specific services, any Cuyahoga County resident can come to the Family Justice Center for assistance with protection orders, linkages to counseling and supportive services, and assistance navigating the justice system.

No appointment is needed! The Family Justice Center is open Monday through Friday, from 8:30 to 4:30 p.m. The address is 75 Erieview Plaza, 5^th Floor, Cleveland, Ohio 44114. Free parking for victims of crime is available at the Hamilton Parking Garage, at E. 12^th Street, between St. Clair and Lakeside Avenues. For more information or if you have questions, call the Family Justice Center at 216-443-7345.

This article was written by Jill Smialek of the Cuyahoga County Family Justice Center and appeared in The Alert: Volume 31, Issue 1. Click here to read a full PDF of this issue!

Domestic violence affects everyone in a household including children.  Children may suffer physical injury or threats, but also experience emotional distress when they witness violence between their parents or other adults in the home.

If a child is not safe at home because of domestic violence, the adult victim should be supported.  Victims of violence may be able to leave the abuser and remove the children from danger, if they are able to secure emergency shelter, financial assistance, food and other basic necessities.  When a child is injured, some victims need help getting the child to a doctor, hospital, or prescribed medical treatment.  In any life threatening situation, always call 9-1-1 for help.

Many children who witness violence experience immediate and long term effects on their well- being.  Young children may experience problems sleeping, nightmares, and bedwetting.  Older children may be aggressive toward other children or the parent they live with.  Some children don’t feel hopeful about the future while other children experience learning and behavior problems. Parents and caregivers should let others involved in the child’s life know about the violence – if it’s safe to do so.  Then, teachers, coaches, and friends will understand the negative changes in behavior.

Long-term effects of domestic violence may cause children to experience shock, fear, guilt and anger.  These are normal feelings for children under the circumstances. But, the feelings can be difficult to cope with, both for the child and the adult.  Often professional support and counseling is needed to manage a child’s normal reactions to witnessing violence.

Sometimes it is necessary to engage the legal system to assist children who experience domestic violence. Parents may file a complaint to determine custody in Juvenile Court (if the parties are not married) or the Domestic Relations Court (if the parties were or are married).  Additionally, parents may file a motion to obtain a Civil Protection Order that also covers the children in order to stop future violence. These petitions, complaints, or motions should be supported by an affidavit (a written statement that a person signs, swearing it’s the truth) to explain why a court order is needed to protect the children. Forms to make these filings to protect children are available online at here and here.

Domestic violence affects the well being of children.  If you or someone you know is experiencing domestic violence, call the resources listed in this newsletter for immediate help.  Legal Aid provides representation in some cases. Call 1-888-817-3777 to apply for help.

This article was written by Legal Aid Managing Attorney Davida Dodson and appeared in The Alert: Volume 31, Issue 1. Click here to read a full PDF of this issue!

What is domestic violence?

Domestic violence is a pattern of repeated physical, sexual and emotional violence and behaviors that one person in a relationship uses to exercise power and control over the other. Domestic violence is never a random or isolated incident and it often increases in severity and frequency over time.

Abusers control family or household members with verbal insults, emotional abuse, financial control and threats. If these tactics do not work, the abuser then enforces his threats with physical and/or sexual violence. The consequence of the abuse for a victim depends on the tactics, but all abuse emotionally and psychologically hurts the victim. Abusive behaviors always create fear in the victim, force the victim to do what s/he does not want to do, and prevents the victim from doing what s/he wishes to do.

Domestic violence occurs in all communities among people of all income levels, racial and religious backgrounds, gay, lesbian, straight, transgendered, and people with disabilities.

Why do partners abuse?

In the most simple terms, they abuse because they can and it works. Hitting, kicking, choking, threatening, name calling and more are deliberate decisions based on what the abuser has learned through observation, experience and reinforcement. Abuse is not caused by illness, genetics, or substance use. It is not caused by “out of control anger.” Victims do not make their abuser hurt them.  Abusers decide when to be abusive to their partners and often choose which part of the victim’s body to hit so as not to leave noticeable marks. Others choose the place and time to carry out their assaults in an effort to exert the most power and control over the victim.

Are you in an abusive relationship?

You may be a victim of abuse if:

1)      Your abuser’s failure to accept responsibility forces you to compensate for his behavior.

2)      You often feel that you have no control over your life. Decisions about family, friends and activities are based on how the abuser will react.

3)      You may feel guilty over the failure of your relationship. This is reinforced by the abuser who blames you for all that goes wrong. Guilt over failure may be accompanied by shame for “putting up” with the abuse.

4)      The abuser blames you and you begin to believe it over time.

5)      Your behavior may be reinforced by economic dependence and increasing feelings of helplessness and fear as the abuse continues.

6)      You may fear the abuser’s anger but you may also deny or minimize this fear. Denial and minimization are common coping strategies for surviving abuse.

7)      You become isolated form friends, family or neighbors and other forms of support. This is not by choice.

Your abuser may:

1)      Be extremely jealous and suspect you of being unfaithful without any rational reason or evince to support such a belief.

2)      Control your access to money, social relationships and job opportunities and may monitor all your activities by making you account for any time apart or money spent.

3)      Be emotionally dependent on you and make constant demands for reassurance and gratification.

4)      Have poor self-esteem and feel inadequate about his masculinity, sexuality and parenting. These feelings may be masked by an extremely “tough or macho image.”

5)      Enforce rigid gender roles or believe in the traditional male “head of household” role.

6)      Blame you or others for their behaviors, feelings and problems.

7)      Was abused as a child.

8)      Have few friends and poor social skills.

9)      Be cruel not only to you but to children and pets.

10)    Be preoccupied with gun, knives, etc.

11)    Respond to situations with unpredictability.

12)    Use inappropriate displays of anger if they do not get what they want which includes physical touching without consent, threaten violence, verbal abuse and breaking objects of value to you.

If you think any of the above may be true for a relationship you have, call the numbers listed in this newsletter for help. Click here to access the information online.

This article was written by Legal Aid Senior Attorney Alexandria Ruden and appeared in The Alert: Volume 31, Issue 1. Click here to read a full PDF of this issue!

A pardon is forgiveness by the governor for a crime committed. A person who is pardoned cannot be further punished for the forgiven offense and should not be penalized for having a record of the offense.  [State ex rel. Atty. Gen. V. Peters, 43 Ohio St. 629, 650 (1885)].  But, the Ohio Supreme Court also has said that just because the governor grants someone a pardon, the pardon does not automatically entitle the person to have their criminal record sealed. [State v. Boykin, 138 Ohio St.3d 97, 104, 2013-Ohio-4582,¶27].

The application to ask for a pardon is called an “application for clemency.”  These applications must be in writing and must be sent to the Adult Parole Authority.

The Ohio Parole Board, a part of the Adult Parole Authority, processes all clemency applications. Your application will be reviewed by the Parole Board. After reviewing your case, the Parole Board gives the Governor a recommendation. The Governor decides whether to grant the pardon.

The Governor grants pardons to people who show that they have been rehabilitated and have assumed the responsibilities of citizenship.  In 2005 and 2006, the Governor received 63 clemency requests and he granted 29 pardons.  In 2007, the governor granted 39 pardons out of 233 requests.

The forms and instructions required to file for a pardon can be found on the Department of Rehabilitation and Corrections website.

The Ohio Bar Association answers frequently asked questions about the application process on its website.

A Certificate of Qualification for Employment, or a “CQE,” is given by the Court to a person with a criminal conviction to help remove barriers to finding a job. The CQE was created in 2012 and allows employers and licensing boards to hire or award professional licenses to people who were not legally allowed to do certain jobs under the old law.  Now, an applicant who has a CQE must be given individual consideration by an employer or licensing board.   Additionally, an employer who hires an applicant with a CQE is protected against claims of negligent hiring.

Am I eligible for a Certificate of Qualification for Employment (CQE)?

The Court of Common Pleas where a person currently lives can award a CQE.

• A person seeking relief from a misdemeanor conviction can apply for a CQE 6 months after any incarceration, any supervision, and any other sanctions have ended.
• A person seeking relief from a felony conviction can apply for a CQE 1 year after any incarceration, any supervision, and any other sanctions have ended.

How do I apply for a Certificate of Qualification for Employment (CQE)?

The process to apply for a CQE can be found here.  Scroll down to the box labeled “CQE Petition Process” for information on how to register an account and for directions on how to fill out and file your petition. You must register an account with the website before you can begin the application process. Registration saves your information and allows the system to send you notifications about your application.

Note to Cuyahoga County residents:  you must fill out an online application before filing a petition in Common Pleas Court.  

On your application for a CQE, you will need to list a “collateral sanction” that is preventing you from finding a job. A “collateral sanction” is a barrier you experience as a result of having a criminal record but was not part of your sentence.

You can find a list of collateral sanctions for specific offenses by using a website called CIVICC, http://civiccohio.org/.   From this webpage, you can enter the specific Ohio Revised Code section that you were convicted under and it will give you a list of the collateral sanctions associated with that offense.  You can find the Ohio Revised Code section on the court docket for your criminal case.  Many courts have online dockets where you can look up your case.

If a specific collateral sanction is not keeping you from working, but instead your criminal history generally is a barrier to finding a job, you may still be able to apply for a CQE.

After you fill out the application and the Department of Rehabilitation and Corrections (DRC) determines that it is complete, you will receive a notice in your email account and in the CQE “Inbox.”  This notice gives you instructions on how to print the petition and file it with the Common Pleas Clerk of Courts in the county where you live.

The DRC review may take several weeks to process. Do not go to the Clerk of Courts until you get the email instruction. The County Clerk or Court may require additional information or filing fees when you present your petition. You should ask the Clerk if you can file your petition with a poverty affidavit to reduce or eliminate the filing fee.  Click here for instructions and sample poverty affidavit forms.

Questions about filing?  Contact the Common Pleas Court where you live.

• Ashtabula County Common Pleas Clerk of Courts: (440) 576-3637
• Cuyahoga County Common Pleas Clerk of Courts: (216) 443-7952
• Geauga County Common Pleas Clerk of Courts: (440) 285-2222
• Lake County Common Pleas Clerk of Courts: (440) 350-2657
• Lorain County Common Pleas Clerk of Courts: (440) 329-5536

Questions about the CQE?  Call the Ohio Department of Rehabilitation and Correction at 614-752-1235. When you call the number you will speak with a secretary who will forward your call to a person in your community.

English learner students have a right to equal access to high-quality education and the opportunity to achieve full academic potential. States, districts, and schools have obligations under federal law.

What kind of obligations does a school have for English Learners?

Schools have obligations to:

• identify English learner students in a timely, valid and reliable manner;
• offer all English learner students an educationally sound language assistance program;
• provide qualified staff and sufficient resources for instructing English learner students;
• ensure English learner students have equitable access to school programs and activities;
• avoid unnecessary segregation of English learner students from other students;
• monitor students’ progress in learning English and doing grade-level classwork;
• remedy any academic deficits English learner students incurred while in a language assistance program;
• move students out of language assistance programs when they are proficient in English and monitor those students to ensure they were not prematurely removed;
• evaluate the effectiveness of English learner programs; and
• provide parents who have limited English proficiency with information about school programs, services, and activities in a language they understand.

What can I do if I think my child’s rights are being violated?

If you have questions, want additional information, or believe that a school is violating federal law, contact the U.S. Department of Education, Office for Civil Rights (OCR).  The Cleveland OCR office can be reached at 216-522-4970 (TDD: 800-877-8339). Also see their website at www.ed.gov/ocr.

You can also file a complaint with the Office for Civil Rights if you believe your child is being discriminated against. For more information about filing a complaint, visit www.ed.gov/ocr/complaintintro.html.

Yes. As of September 17, 2014, the law on “civil commitment” in Ohio changed. “Civil commitment” is when a probate court orders a person with mental illness to receive treatment. The court can order treatment in or out of a hospital, under certain circumstances. When a court holds a hearing to decide whether or not to order a person into treatment, that person has legal rights. For example, the person has the right to attend the hearing and to have an attorney represent them at the hearing. Anyone with questions about the new civil commitment law can call Disability Rights Ohio at 1-800-282-9181 to request help.

Click here for more information from Disability Rights Ohio about the new civil commitment law.

Warn seniors to be cautious when considering home repair contracts paid for by a reverse mortgage.

In Cleveland, the Office of Fair Housing and Consumer Affairs has received complaints from seniors who were unaware that they had signed reverse mortgages after being solicited by remodeling contractors to do work on their home. In some cases, the contractors have taken all of the proceeds from the homeowner and performed little or no work. The contractors tell seniors that there is a Federal Housing Administration (FHA) program to help pay for the repairs but in fact the seniors are left with a Home Equity Conversion Mortgage (HECM), commonly known as a reverse mortgage. Caution seniors NOT to rely on advice from anyone who recommends such a product or service. For additional information:

• Consumers in the City of Cleveland with questions about possible scams can call the Office of Fair Housing and Consumer Affairs at 216-664-4529.
• Consumers with questions about reverse mortgages can call Neighborhood Housing Services of Greater Cleveland at (216) 458-4663.
• Consumers who want to file a complaint should contact the Ohio Attorney General’s Consumer Protection Department at 1-800-282-0515 or online here.

1. Am I eligible for any benefits?

Many benefit programs can help people who have limited income afford living expenses such as utilities, food, health care and transportation. Some of these programs are designed just for seniors and adults with disabilities. You may become eligible for programs once you reach a certain age, experience a new health condition, or lose a source of income.   The easiest way to find out what assistance you are eligible to receive is by completing a Benefit Check Up.  Seniors and adults with disabilities can contact the Aging and Disability Resource Network to complete a Benefit Check Up: 1-855-585-ADRN (2376) or go to www.benefitscheckup.org

2. Have I been a victim of identity theft?

Someone may be using your identity and ruining your credit. If identity theft continues, you could be sued by creditors and you might not be able to borrow money when you need it. You can check your credit report to find out if someone has opened accounts in your name.  Each year, you can get a free credit report from three different companies.  You should request one every 4 months from a different company. To request a credit report call Equifax at 1-800-525-6285, Experian at 1-888-397-3742, or Trans Union at 1-800-680-7289.  You can also request reports online at www.annualcreditreport.com.  If your credit report shows activity that you did not authorize, follow the steps recommended by the Federal Trade Commission to report and stop identity theft.  See http://www.consumer.ftc.gov/features/feature-0014-identity-theft.

3. Am I financially prepared for an emergency?  

Emergencies are unpredictable but there are some things you can do to prepare yourself.

• Keep copies of important papers such as insurance, bank account, health care and estate planning information in a safe place you can easily find them.
• Keep some emergency money in a safe place where you can easily get it, even if you can only spare a small amount.
• Identify a safe place you can stay temporarily if something happens and you cannot stay in your home.  Also make a plan for how you will get there.
• If you have someone in your life you trust completely, consider sharing the above information with that person so they can help you if needed.  Do NOT share information about your finances or other important matters with anyone you do not know well and trust completely.

Planning ahead can help keep unexpected costs to a minimum during an emergency.

This article was written by Emily Mutillo from the City of Cleveland Department of Aging and appeared in The Alert: Volume 30, Issue 1. Click here to read the full issue.

Usually a parent’s duty to support their child ends when the child turns 18. But parents must continue to support children who are disabled and cannot live alone. Parents must support these disabled children until either the parent or child dies or the child can live alone.

A child support order can continue past 18 if two statements are true. First, the child must be mentally or physically disabled before age 18.   To decide if a child is disabled a court will consider all the child’s limits together. Examples of physical limits are loss of hearing or muscle control. Examples of mental limits are low IQ and learning problems. Second, disability must be the reason the child is unable to work or live alone. If the child has an IEP or gets SSI, that could be a sign the child may need continued support.

To get child support for a disabled child past 18, a parent must give the child support agency or judge proof of the disability. Medical documents and school records about the child’s limits show disability. Sworn statements about the child’s limits are also helpful. Parents may receive a letter saying support for a disabled child will stop at age 18. To keep support going, parents should provide the agency proof of the child’s disability right away.

In order to stop paying support for someone over 18, a parent must prove the child can live alone. Information on the child’s work history and life skills may show a child can live alone.

Only some courts will issue a new child support order for a disabled child after the child is 18. To get a new child support order, a parent must file a petition for support. The place to file depends on the county where the child lives and whether the parents were ever married. If you need help with a child support problem, call Legal Aid at 1-888-817-3777 to find out if you are eligible for assistance, or attend a free Legal Aid Brief Advice Clinic. See our events calendar for a clinic near you.

This article was written by Legal Aid’s Equal Justice Works Fellow Danielle Gadomski-Littleton and Legal Aid Senior Attorney Susan Stauffer and appeared in The Alert: Volume 29, Issue 3. Click here to read the full issue.

Other Resources

• Filing Taxes Can Help Immigrants

Other Resources

• Tax Help for H2A Workers

Other Resources

• Filing Taxes Can Help Immigrants

Additional funding in FY 2020-21 budget will serve veterans in need of legal services

CLEVELAND, OH (Nov. 5, 2019) — Thanks to the enhanced General Revenue Fund funding for legal aid in Ohio’s FY 2020-21 budget, The Legal Aid Society of Cleveland will expand its support of veterans in need of crucial legal services.

“I was happy to partner with Sen. Schuring on this important amendment to benefit our veterans,” said Sen. John Eklund (R-Munson Township). “Ohio’s veterans have sacrificed a great deal in service to our country, and it’s our duty to ensure they get the legal help they need.”

The additional $500,000 in statewide funding for Ohio’s legal aids is to be used solely to provide legal services for veterans and will be distributed by the Ohio Access to Justice Foundation.

“We commend the General Assembly for their commitment to serving veterans who are struggling to makes ends meet,” said Angie Lloyd, executive director, Ohio Access to Justice Foundation.

Ohio’s veterans experience legal challenges related to securing and maintaining VA benefits, accessing healthcare and medical benefits, and resolving family, housing, and consumer issues, among others. Ohio’s legal aid organizations help veterans overcome these challenges and get back on the path to stable housing, health, and employment.

Although Ohio’s legal aids served 4,402 veterans in 2018, the need for legal services far exceeds the available resources. In 2017, the federal Legal Services Corporation found that nationally, 71 percent of households with veterans or other military personnel have experienced a civil legal problem in the past year.

For example, “Kevin” (name changed to protect client privacy) is a U.S. veteran who had been receiving a monthly veteran’s benefit for many years. When he turned 65 and started receiving Social Security, he reported this to the Veteran’s Affairs (VA) office, so the monthly amount would be reduced in accordance with the new income. But no change was made, and Kevin’s veteran’s benefits continued in the same amount. Then one day, Kevin received a notice that he owed the VA over $4,000 in return for over-payments.

Kevin knew what to do. He called The Legal Aid Society of Cleveland, and an attorney helped him by submitting a waiver request to the VA’s debt management committee on wages and compromises. The VA approved the request to waive the over-payment, and now pays Kevin the full amount he is entitled to each month.

Cleveland Legal Aid helps veterans and their families overcome these challenges and get back on the path to stable housing, health, and employment. In 2018, 646 of Legal Aid’s cases involved U.S. Veterans or active duty military members – impacting a total of 1,227 people.

A new report on LGBTQ poverty in the United States has just been released by the Williams Institute on Sexual Orientation Law and Public Policy at University of California Los Angeles.

The report builds on previous studies of poverty in the LGBTQ community by expanding its scope to include transgender people and people who are LGTBQ, but not living in couples. The report draws on data from 35 states to identify state-level differences in LBGTQ poverty rates and also compares rural vs. urban communities.

Below are some of the study’s key findings:

• Among LGBT people, poverty rates differ by sexual orientation and gender identity:
  • Cisgender gay men: 12.1%
  • Cisgender lesbian women: 17.9%
  • Cisgender bisexual men: 19.5%
  • Cisgender bisexual women: 29.4%
  • Transgender people: 29.4%
• Cisgender straight men (13.4%) and gay men have similar rates of poverty and their poverty rates are lower than every other group.
• Cisgender lesbian women have similar rates of poverty as cisgender straight women (17.8%). However, women of all sexual orientations have significantly higher rates of poverty than cisgender straight men and gay men.
• LGBT people of most races and ethnicities show higher rates of poverty than their cisgender straight counterparts.
• One in five (21%) LGBT people in urban areas live in poverty, and one in four (26.1%) in rural areas are poor, compared to about 16% of cisgender straight people in both areas.

Read the full report here: LGBTQ Poverty in the United States

Veterans can begin an application at their Regional Office or their County Veteran Service Commission. Below is the contact information for the Cleveland Regional Office and for the Veterans Service Commissions for Ashtabula, Cuyahoga, Geauga, Lake, and Lorain counties. We have also provided the links for the Disabled American Veterans website, the Veterans of Foreign Wars website, and the VA’s Inquiry Routing and Information System (IRIS).

• Cleveland Regional Benefit Office
  • If you fill out a hard copy claim form, you can mail that form to the regional office. You can also visit your local regional office and turn in your application for processing. While there, you can appoint an accredited Veterans Service Officer to help you prepare and submit your claim. You can find an accredited Veteran Service Officer using eBenefits.Address: A.J. Celebrezze Federal Building, U.S. Department of Veterans Affairs, 1240 East Ninth Street, Cleveland, Ohio 44199Phone: (800) 827-1000/(216) 522-3507
• Disabled American Veteran click here.
• Veterans of Foreign Wars click here.
• Veterans service Commissions Chart (by county) click here.

• County	Address	Phone #	Fax #	Email	Website
  Ashtabula	1212 Lake Ave. Ashtabula, Oh 44004	(440) 964-8324	(440) 964-3582	vscac@windstream.net	Visit Site
  Cuyahoga	1849 Prospect Ave., Ground Floor Cleveland, Oh 44115	(216) 698-2600 / 1-866-915-8387	(216) 698-2650	vscmail@cuyahogacounty.us	Visit Site
  Geauga	470 Center St., Building #8-A Chardon, Oh 44024	(440) 279-1860	(440) 285-4489	geaugavet@co.geauga.oh.us	Visit Site
  Lake	105 Main Street Painesville, Oh 44077	440) 350-2567 / 2904 OR (800) 899-5253, Ext. 2904	(440) 350-5980	veterans@lakecountyohio.gov	Visit Site
  Lorain	42495 N. Ridge Rd. Elyria, Oh 44035	(440) 284-4625	(440) 284-4696	veterans@loraincounty.us	Visit Site

• The inquiry Routing and Information System click here.

This page provides information for veterans with service-connected disabilities who want to file a VA compensation claim. Service-connection does not mean that something had to have happened to you during a time of combat. Service-connection means that something happened to you in the service that caused or aggravated the disability that is currently bothering you. Filing a claim can be confusing and the following information and resources should help you through the claims process.

When you apply for service-connected disability benefits, you may either file a Fully Developed Claim (FDC) or a Standard Claim. You use a different form depending on which type of claim you decide to file.

For more information on Fully Developed Claims click here.

• Getting to know the claims process…click here.
  • If you find videos helpful, please here for a step-by-step video on how to file a disability claim.
  • For general information about how to apply for compensation here.
  • For information about the claims process and a timeline for veterans who were recently separated from active military service here.
• Reports and evidence click here.
  • For VA compensation eligibility information with references to other helpful documents that contain specific examples for reports and evidence here.
• How long is the claims process? click here.

After you decide whether you want to file a Fully Developed Claim or a Standard Claim, you’ll have to decide whether you want to file electronically or whether you want to file a paper form that you will mail to your local regional office.

• If you want to file your claim electronically click here.
  • The eBenefits portal is a great resource if you are comfortable with using a computer. The website provides helpful resources for filing your claim and you can also file your claim electronically through the eBenefits portal. click here to begin your application.
• If you want to file a paper application click here.

In Ohio courts, you have the right to an interpreter in your native language if you have Limited English Proficiency, which means that you are not fluent in English. If you are Limited English Proficient and you have not been provided with an interpreter or have been denied an interpreter in any court in the State of Ohio, you may report the problem to the Ohio Supreme Court, Language Services Program.  This program is responsible for making sure that Limited English Proficient individuals have access to courts.

Step 1:

For information in multiple languages about how to contact the Language Services Program to report the denial of an interpreter, click here: Complaint Resolution Poster.

Step 2:

If you decide to file a complaint because you were not provided with an interpreter in court, you may do so on a form provided by the Ohio Supreme Court.  The form is available in many languages.  Click on the links below to open the form in each of the following languages:

1. English
2. Español
3. Français
4. русский
5. Somali
6. የቅሬታ ማቅረቢያ ቅጽ
7. إستمارة شكوى
8. ទរម្ង់ពាកយប ណ្តឹង
9. 항의서
10. 投诉表
11. Đơn Khiếu nại
12. Lefol Woytaare
13. ໄທລາວ

Step 3:

For information about what will happen after you file a complaint because a court did not provide an interpreter for you, read about the Complaint Resolution Process.  Posters explaining the process are available in multiple languages. Click on the links below to read about the process in each of the following languages:

1. English
2. Español
3. Français
4. Pусский
5. Somali
6. 中文
7. العربية

Step 4:

You should be contacted by someone from the Language Services Program at the Ohio Supreme Court after you have filed a complaint.  If 10 days have passed and you have not heard from them, contact the Legal Aid Society of Cleveland at 1-888-817-3777 to request additional assistance.

For more information related to rights to interpreters, also see:

• Information from Legal Aid: https://lasclev.org/category/faqs/language-access-faqs/
• Information from the Ohio Supreme Court: http://www.sconet.state.oh.us/JCS/interpreterSvcs/forms/default.asp

Still have questions?  Check out these links for other helpful resources from Legal Aid:

• Language Access FAQ’s: https://lasclev.org/category/faqs/language-access-faqs/
• Language Access Brochures: https://lasclev.org/category/brochures/limited-english-proficiency-brochures/
• Language Access Success Stories: https://lasclev.org/category/success-stories/get-help-success-stories/limited-english-proficiency-success-stories/

Veterans involved in the criminal justice system or returning from prison can get help from the VA.

The Veteran Justice Outreach (VJO) program provides access to VA services for eligible veterans to prevent homelessness and avoid unnecessary criminalization, while helping veterans access health care to support rehabilitation and independence. Click here for more information about the VJO program.

The VA’s Health Care for Reentry Veterans (HCRV) Program provides services pre and post release from prison to help veterans identify needs and connect with resources in order to support a successful transition back to the community after leaving prison.  Click here for more information about the HCRV program.

Federal law states that you have the right to an interpreter in an administrative hearing if you are a person with limited English proficiency (LEP). This means that you do not speak, read, write, or understand English fluently. Additionally, LEP individuals who are not involved in the administrative hearing, but who need to be there, like a parent or guardian, also have the right to an interpreter. Your family members or children should not be used instead of a qualified interpreter from the agency/organization. LEP individuals have the right to participate in administrative hearings in the same way as someone who speaks and understands English fluently.

Examples of agencies that must provide you with an interpreter: courts; U.S. Citizenship & Immigration Services; Social Security; Veterans Administration; IRS; Ohio Department of Jobs & Family Services (Unemployment Compensation & welfare office); Medicaid office; Bureau of Motor Vehicles; public housing agencies; and public and charter/community schools.

Asking for an interpreter:

• Ask an employee of the court, agency, or organization for an interpreter.
• If the person you ask says no: ask for a supervisor, customer service representative, or ombudsman (person who hears complaints).

What to do if you do not receive an interpreter:

• If you still do not receive an interpreter, you may file a complaint with the U.S. Department of Justice (DOJ).
• You can file a complaint by either sending a letter or using DOJ’s complaint form.  The form is on DOJ’s website.  You can do this in either English or your first language.
• The complaint should explain when and how the agency did not give you an interpreter or how they did not speak to you in a language you can understand.
• Please keep a copy of the complaint for your records.
• The letter or form should be sent to:                             

• DOJ Website: http://www.justice.gov/crt/complaint/
• DOJ Phone: 1 – (888) 848-5306
• DOJ will respond to you with a letter or phone call.

This article was written by Legal Aid Senior Attorney Megan Sprecher & Volunteer Attorney Jessica Baaklini appeared in The Alert: Volume 30, Issue 3. Click here to read a full PDF of this issue!

This link will take you to a website where you can get help preparing Ohio’s Durable Power of Attorney for Health Care and/or Ohio’s Living Will.

These documents, also known as “advance directives,” can assist health care providers if you cannot communicate because of a serious illness or injury.  A Health Care Power of Attorney allows you to name someone to make medical decisions for you if you are unable to do so. A Living Will allows you to state what type of medical care you want to receive if you are permanently unconscious or terminally ill and unable to communicate.  You can also indicate your wishes regarding organ and tissue donation in a living will.

Each person’s situation is different.  You should contact a lawyer if you need legal representation or have questions about your legal rights and responsibilities.  

If you plan to come to a Legal Aid Brief Advice Clinic, remember to bring all the documents with you.  Attorneys will need the documents in order to advise you.

You might be able to reduce or avoid paying the filing fees up front with a “poverty affidavit” (or “affidavit of indigency”).  Courts generally require a fee whenever a person files a new case or asks the court to do something by filing a “motion” in a pending case or files a “counterclaim” in a pending case.

But if you have a low income, you might be able to file your documents in court without the payment or with a lower payment if you first file a “poverty affidavit.” A poverty affidavit is a written, sworn statement that you have a low income and do not have enough money to pay fees.

To see a sample poverty affidavit and instructions on how to fill it out, click here.

Once you fill out the poverty affidavit, you must have your signature notarized and file the completed affidavit in the court where your case is being heard.

After you file a poverty affidavit in a case, the clerk will either not charge you any money or will charge you much less to file other documents in the same case. Even though you do not have to pay the fees up front, you may still be responsible for the fees at the end of the case.

Most Ohio courts have their own affidavit forms for you to fill out. You can request these from the clerk at your local court.  Here are links to poverty affidavits forms for the courts that post the form online:

Cuyahoga County

• Cuyahoga County Court of Common Pleas:   http://coc.cuyahogacounty.us/pdf_coc/en-US/affidavit_of_indigence.pdf
• Cuyahoga County Domestic Relations Court: http://domestic.cuyahogacounty.us/pdf_domestic/en-US/Misc/Affidavit%20Waive%20Cost%20with%20Chart.pdf
• Cuyahoga County Juvenile Court: http://juvenile.cuyahogacounty.us/pdf_juvenile/en-US/Misc/Affidavit_of_Indigency.pdf
• East Cleveland Municipal Court:  http://www.eccourt.com/pdf/poverty_aff.pdf

Ashtabula County

• Ashtabula County Court of Common Pleas: http://courts.co.ashtabula.oh.us/forms/COC/PA.pdf

Some courts, for example Cleveland Municipal Court, will accept a generic poverty affidavit.  You can download a blank poverty affidavit form here:

• Click here – Blank Poverty Affidavit Form
• Click here – Cleveland Municipal Court
  

For additional information related to using a poverty affidavit to access the court system, click here to read an article from Legal Aid.

This information and the information provided on any court’s website cannot take the place of individual advice from a lawyer.  Each person’s situation is different.  You should contact a lawyer if you need legal representation or if you have questions about your legal rights and responsibilities.  

If you need further help, and plan to visit a Legal Aid Brief Advice Clinic – click here for upcoming clinic dates.  Remember to bring all the documents with you.  Attorneys will need the documents in order to advise you.

A child getting special education at a public or charter school has an Individualized Education Program (IEP).   This IEP is written at least once a year and lists goals for the child in their areas of need.   An IEP Progress Report, talking about the child’s progress on each goal, must be mailed to the child’s caregiver regularly.   The child’s IEP will say how often the IEP Progress Reports must be mailed.

Legal Aid recently filed a complaint against the Cleveland Metropolitan School District because caregivers of children with IEPs were not getting IEP Progress Reports as often as they should.   The Ohio Department of Education told the school district it must regularly send IEP Progress Reports to caregivers of students getting special education.

If your child has an IEP and you are not getting regular IEP Progress Reports, you should talk to your child’s teacher and/or principal.   If that does not help, you may file a complaint with the Ohio Department of Education.   You may get the complaint form at their website, www.education.ohio.gov, or by calling Legal Aid at 1-888-817-3777.

This article was written by Legal Aid volunteer Kolie Erokwu and appeared in The Alert: Volume 29, Issue 3. Click here to read the full issue.

Getting special education for a child requires a team effort by parents or guardians (“caregivers”), teachers and the school district. Both public and charter schools must provide special education to students with disabilities who need help learning in school.   A caregiver should take the following steps when seeking special education services:

1. Ask for an Evaluation

If you think a child needs special education, write a letter to the principal asking to figure out if the child has a disability. Write the date and explain the child’s problems in school with learning, paying attention or acting out. Keep a copy of the letter. If the child has a medical condition, think about including a letter or document from the child’s doctor. The school has 30 days to answer a caregiver’s letter in writing and say whether or not it will test the child.

2. School Agrees to Test Your Child

If the school district agrees a child may have a disability, they will ask the caregiver to sign a consent form. The evaluation may only start after the school receives the signed forms and permission to test. The school must finish the testing within 60 days of consent. After the evaluation is done, the school must meet with the caregiver to talk about the testing and decide if the child needs special education.

3. School Will Note Test Your Child

If the school tells a caregiver that the child will not be tested, and the caregiver disagrees with the decision, s/he has options to appeal. It is a good idea to ask for help with an appeal. The Legal Aid Society of Cleveland is able to help in some of these cases.

4. Individual Education Plans (IEPs)

Children found to need special education services will have an IEP with the school. The IEP services can include things like help with math or reading, plans for addressing behavior problems, speech, language, or occupational therapy, and other services to help children learn. The services are free to families, and can be provided in school or in the home.

5. Signing Forms

If at any time the school asks a caregiver to sign a document and the person does not agree with the document, either (1) do not sign it or (2) write on the document to indicate disagreement.

Additional information about special education is available from the Ohio Department of Education at: 614-466-2650 or 877-644-6338 (toll free). If you need help with a special education problem, please call Legal Aid at 1-888-817-3777 to find out if you are eligible for assistance.

This article was written by Legal Aid volunteer Kolie Erokwu and appeared in The Alert: Volume 29, Issue 3. Click here to read the full issue.

Reentry Resources

This information appeared in The Alert: Volume 29, Issue 2. Click here to read the full issue.

What to Do When a Landlord Denies Public Housing Based on a Criminal Record

When you apply for Section 8 or public housing, you may be asked whether you or a family member have ever been arrested or convicted of a crime.

If is the answer is yes, then the landlord may deny your application. But you may still qualify for the housing. If you want to challenge the denial, you need to ask for an informal appeal right away. The number of days you are given will be stated in the rejection letter. You count the number of days from the date in the letter.

You will need to write a short letter to ask for a meeting about the denial. Take your letter to the landlord’s office and ask the receptionist to date-stamp a copy of your request for a meeting.   Keep the stamped copy. In the letter, you should ask for:

• a copy of your application
• the information used to deny your application
• a copy of the Tenant Selection Plan (TSP)

The TSP will tell you how long the criminal conviction will count against you. Federal law requires the time to be reasonable. The time may count either from the date you were convicted or from when you completed your sentence. Different landlords will look at criminal convictions for different lengths of time.

At the meeting with the landlord, you need to show that you will be a good tenant. You could show that your conviction should not count against you because it is from a long time ago. Also, you could show that your behavior has improved since you were convicted. Bring letters from teachers, mentors, pastors or others that say how you have changed. Certificates showing you completed courses or programs can also be helpful. You may want to consult with an attorney before the meeting. To find out if you are eligible for Legal Aid, please contact intake at 216.687.1900 or attend a free Brief Advice Clinic.

This article was written by Legal Aid Supervising Attorney Maria Smith and appeared in The Alert: Volume 29, Issue 2. Click here to read the full issue. 

For the twelfth year in a row, identity theft has been the #1 complaint reported to the Federal Trade Commission. What can you do to protect yourself?

• Protect your social security number. Do not carry it in your wallet. Share it only when you know who you  are giving it to and why they need it.
• Pick up your mail promptly. Do not leave it in a place where strangers can get it while you are away from home.
• Shred bank and credit card statements, and any other financial documents or paperwork with personal information, before you discard them.
• Keep personal information in a secure place at home, especially if you have roommates, outside help, or are having work done in your home.
• Do not give out personal information on the phone, through the mail, or over the Internet unless you know  who you are dealing with.
• Never click on links sent in unsolicited emails. Even if it looks like an email sent by your bank or by a  government agency: It could be a fake.
• Do not use obvious passwords like your birth date, your mother’s maiden name, or the last four digits of your social security number.
• Review your account statements regularly for charges you did not make. Also review your medical explanation of benefits forms to ensure that there are no surprise charges for medical benefits.
• Check your credit report. Each year, you are entitled to a free copy of your credit report from the three major nationwide credit reporting agencies. It’s easy to get your report by calling Annual Credit Report at 1.877.322.8228.

If you suspect that you are a victim of identity theft, act quickly. Visit the Federal Trade Commission’s website at www.ftc.gov/idtheft or call 1-877-ID-THEFT for information about steps you can take to limit the damage. You may want to close affected accounts, file a police report, or call the Attorney General Consumer Protection Line at 1.800.282.0515. You can place a “fraud alert” on your credit report by calling one of the following companies:

• Experian www.experian.com, 1.888.397.3742
• Equifax: www.equifax.com, 1.800.525.6285
• TransUnion: www.transunion.com, 1.800.680.7289

Be careful with your personal information and take action immediately if you think someone has stolen your identifying information.

*The views expressed in this article are those of the author alone. She does not express the views of the FTC or of any individual commissioner.

This FAQ was written by  FTC Attorney Maria Del Monaco,   and appeared as a story in Volume 28, Issue  2 of “The Alert” – a newsletter for seniors published by Legal Aid. Click here to read the full issue.

Who Must Provide You With An Interpreter?

• Courts
• Most hospitals
• Legal Aid and Public Defender
• Public and Charter Schools (but not Catholic or other private schools)
• Public Housing Agencies
• All Federal agencies like Social Security, Veterans Administration, Internal Revenue Service
• State agencies like Unemployment Compensation and the BMV
• County agencies that handle public assistance and Medicaid benefits

Asking For An Interpreter

Ask an employee of the court, agency or organization for an interpreter.

If a court does not provide you with an interpreter, click here for information on your rights and how to file a complaint.

If another organization or agency does not provide you with an interpreter, try asking to speak with a supervisor, customer service person or ombudsman (person who hears complaints).

If they say no, ask a supervisor, customer service person, or ombudsman (person who hears complaints) for an interpreter.

If they still do not provide an interpreter, you may file a complaint against them with the U.S. Department of Justice (DOJ). You may either send a letter or use DOJ’s complaint form, in English or your first language. You should explain when and how they did not speak to you in your language or provide you an interpreter. Keep a copy of the complaint for your records.   Send the letter or form to:

Office for Civil Rights
Office of Justice Programs
U.S. Department of Justice
810 7th Street, NW
Washington, DC 20531

http://www.ojp.usdoj.gov/ocr

202-307-0690

DOJ will respond with a letter or phone call.

Victims of domestic violence can file for a Civil Protection Order (CPO) with the help of an attorney, or without an attorney (also called “pro se“). It is more helpful to have an attorney. You must file for a CPO in the county Domestic Relations Court or in the general division of the county Common Pleas Court (if there is no Domestic Relations Court).

When a request for a CPO is filed:

1. A hearing will be held the day the CPO petition is filed with the Court.
2. The abuser will not be present for the first hearing. You will be asked to tell the court about the most recent incidents of domestic violence. The court will then decide whether to grant the CPO.
3. Once granted, obtain several certified copies of the CPO from the Clerk of Courts. Certified copies of the order are free.
4. The second hearing will be held within seven to ten court days. The abuser will be notified and may be present for this hearing.

You must be in court at both hearings and you must bring:

• Copies of any police reports
• Any records of medical treatment for the abuse
• Any records of the abuser’s prior convictions for domestic violence, or a crime of violence
• Anyone who witnessed the abuse

If the abuser does not agree to a CPO or the abuser does not appear at court, testimony will be taken at the hearing, and the court will then decide whether to grant a CPO that may remain in effect for up to five years.

It is important to keep a certified copy of the CPO on you at all times and have it ready to show to the police if the abuser violates the order.

Next Steps

Contact Legal Aid.

Go to the Prosecutor’s Office to press charges against the abuser and take:

• Copies of any police reports or incident report numbers
• Any pictures taken of the incident
• Any information about medical treatment for abuse
• Names and addresses of anyone who witnessed the abuse

If criminal charges are filed:

• A Motion for Temporary Protection Order may be issued by the court. It is important to ask the court for a TPO.
• A court hearing will be held on the next court day after the filing of a motion requesting the TPO.
• It may be helpful to have a victim advocate at court for support during the proceedings.
• If the abuser is not present, the abuser may receive notice of the TPO at his or her first court appearance.
• At this hearing, the judge will decide whether the Temporary Protection Order will remain in effect. Any TPO will end at the conclusion of the criminal case or when a Civil Protection Order is issued based on the same facts.

If convicted of the crime of domestic violence, the abuser may be sentenced to jail or be placed on probation. It is important to ask for a “no contact order” to keep the abuser from contacting you after the case is over.

• Get medical help, if you are injured
• Call the police
• Go to a safe place
• Contact a Victim Advocate from the list of agencies below

Ashtabula County

Homesafe Domestic Violence Office
440-992-2727
800-95-ABUSE(1-800-952-2873)

Cuyahoga County

Witness/Victim Service Center
216-443-7345

Domestic Violence Center
216-391-HELP or
216-651-8484

Geauga County

WomenSafe
888-285-5665

Lake County

Forbes House
440-357-1018

Lorain County

Genesis House
440-244-1853

All Other Counties

National Domestic Violence Hotline
800-799-SAFE(7233)

If you are staying in the home with the abuser, practice an escape plan with the children to use in case of an emergency. Make sure to have on hand for a quick escape:

• Cash
• Credit cards
• Medications
• Telephone numbers
• Extra car and house keys
• Copies of birth certificate
• Social Security cards
• Medical cards

You may use Form G-639, a Freedom of Information Act Request, to ask for a copy of your Immigration file.

You may also ask for a copy of your FBI file by sending the Federal Bureau of Investigations your fingerprints.

Next Steps

Attend a brief advice clinic.

Other Resources

Form G-639, Freedom of Information Act Request
How to Ask for your FBI File

If your child is still having problems in school, the school may not be following the IEP or your child’s needs may have changed.

• You can request an IEP meeting at any time.
• Your child must be re-evaluated every three years.
• IEP’s must be reviewed by the IEP team once every year.

*If your child is on an IEP he or she has extra rights and protections for suspensions and expulsions.

**If your son or daughter is on an IEP and has been removed from school for more than 10 days total in any school year, the school must hold a Manifestation Determination Review hearing before that child can be removed from school. If a child on an IEP is removed from school then he or she is still entitled to receive an education, usually in the form of home instruction.

Next Steps

Visit a brief advice clinic or contact Legal Aid.

Other Resources

School Discipline: Know your Rights – School Expulsions
Pro se Forms
Glossary of Education Terms

You may be able to find an attorney who can help you by contacting:

Cleveland Metropolitan Bar Association
Lawyer Referral Service
(216) 696-3532

A durable power of attorney can be one of the most helpful estate planning tools a person uses, but it can also be very risky. A durable POA gives a person (who is called an “attorney in fact”) legal authority to act for another person in a variety of matters, including banking, benefits, housing, taxes, real estate, litigation, and more. (The durable POA is different from a Health Care Power of Attorney, which is the form used to appoint a person to make decisions about health care.)

A power of attorney can be limited or very broad in scope depending on what is needed. A properly written and executed durable POA can give someone a great deal of power over another person’s affairs, and should be carefully considered. Executing a power of attorney does not take away the ability of the principal — the person signing the power of attorney — to continue to conduct his own affairs.

When deciding who to name as “attorney in fact,” consider four things about potential people:

1) Trust. The person named in a POA must be trusted to do what the principal wants and needs. The “attorney in fact” must not use his authority to take advantage of the principal and cannot exceed the authority given to him.

2) Competency. The attorney in fact must be capable of handling the tasks the principal needs done. A person who must handle a complicated tax matter needs a different level of competency than someone who needs to make sure the rent is paid each month.

3) Capacity. The needs of the principal may change over time. The attorney in fact should have the time, energy, and willingness to help the principal as different situations arise.

4) Communication. The principal and the attorney in fact should be able to communicate clearly with each other. The principal needs to give directions about what she wants done under different circumstances, and the attorney in fact should be honest about what she is willing and able to do.

Ohio’s “power of attorney” form, along with tools and resources to help fill it out, can be found here. The POA form should be signed before a notary. The POA must be given to anyone or any institutions asked to rely on it, such as a bank or landlord. The POA lasts until the principal dies or says the power of attorney is no longer in effect. The POA must be recorded with the county if used for any transactions involving real property.

Older adults and people with disabilities or serious illness may apply to Legal Aid for help creating a durable power of attorney by calling 1-888-817-3777.

This article was written by Anne Sweeney and appeared in The Alert: Volume 33, Issue 1. Click here to read a full PDF of this issue!

Although second-year Ohio Access to Justice Foundation Justice for All Fellow Julia Lauritzen was excited to begin her fellowship at The Legal Aid Society of Cleveland last fall, she wasn’t sure exactly how it would go, given the COVID-19 pandemic.

“I came in with vague expectations,” Lauritzen said. “But I think I envisioned having more of a physical presence at the [Cuyahoga County Public Defender’s] office. The pandemic changed that.”

Instead of building relationships in person, Lauritzen interacts with clients mostly via phone or Zoom. She receives client referrals from the Cuyahoga County Public Defender when there’s an indication that they have civil legal issues that are either pre-existing or compounded by their experience with the criminal justice system. The referral process accomplishes the main objective of Lauritzen’s fellowship, which is to grow a partnership between legal aid and the Cuyahoga County Public Defender’s office to provide holistic legal support for clients.

It took some time and planning to get the partnership up and running, but Lauritzen found a collaborative and helpful partner in the Public Defender’s office. Now, with the partnership well established, Lauritzen receives a steady stream of referrals.

Cases involving driver’s license suspensions make up a substantial portion of the referrals.

“It wasn’t an issue I anticipated to be getting a lot of case referrals for,” Lauritzen said. “But it’s been surprising to learn about the many ways a client’s driver’s license can be suspended and the barriers it can create for them further down the line.”

Lauritzen also handles immigration cases. Gaining experience in immigration law has helped refine her research skills regarding complex immigration issues and the ramifications for clients.

“For folks who aren’t citizens, there are many potential consequences for criminal convictions,” she said. “So [the Cuyahoga County Public Defender] will refer clients to me, and then I can research and advise on what some of the immigration consequences could be for that case.”

One of her proudest accomplishments so far is beginning and growing the relationship with the Public Defender under the unusual circumstances of COVID.

“Starting from scratch and setting up a process that works and that we can continue to learn from is definitely the biggest achievement,” Lauritzen said.

In the future, Lauritzen wants to continue learning how criminal and civil cases are connected and the best way to address them.

“There’s more to be learned and figuring out what works best to resolve these issues,” she said.

The Ohio Access to Justice Foundation funds law school graduates with a passion for public service to address urgent legal problems facing Ohioans. Meet the Justice for All Fellows.

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Read the story at Ohio Access to Justice Foundation: Justice for All Fellow Julia Lauritzen Grows Civil-Criminal Legal Partnership in Northeast Ohio – Ohio Access to Justice Foundation (ohiojusticefoundation.org)

Isabel Ramirez Blancas left her home in Mexico for a new life in the United States, where she thought her U.S. citizen husband would petition for her residency status. But instead, he gave her a false ID card and forced her to work.

Compounding her disappointment, Ms. Ramirez suffered domestic violence at home. She never reported her situation because she was afraid to go to the police. Instead, Ms. Ramirez endured her husband’s abuse until the day she came home to find he had taken his own life.

With no husband, no income to support the couple’s young son, no documented status, and little English language ability, Ms. Ramirez was emotionally distraught. Her provider at MetroHealth’s McCafferty Clinic referred her to Legal Aid, where she met a Spanish-speaking staff attorney.

“I was very happy to come across a lawyer that spoke Spanish,” Ms. Ramirez said. “It made me feel I could trust her and the organization to do good work on my behalf.”

The Legal Aid attorney found that Ms. Ramirez was eligible to self-petition for legal permanent residency under the Violence Against Women Act, and helped her begin the process.

Immigration cases often span many years, and Ms. Ramirez’s was no exception. Initially, the petition was denied in 2013 because her abuser was no longer living, but Legal Aid helped her appeal the decision. After the appeal was granted on the self-petition, Legal Aid attorney Agustin Ponce de León filed for Ms. Ramirez’s adjustment of status and work authorization.

Three years after Ms. Ramirez first filed, the government approved all her petitions, giving her lawful permanent residency and work authorization. Mr. Ponce de León personally delivered her green card to her door.

As for Ms. Ramirez, she is working on her English via a course, and she and her son are setting down roots in the only hometown her son has ever known.

Sgt. Robert Adams walks through the Louis Stokes Veteran’s Administration complex with a purpose. He calls out a welcoming greeting for the veterans who are there for treatment or services. Most of the  employees greet him by name, “Hey Robbie.”

They don’t know that he lived as a fugitive for 30 years — working underground in restaurants, construction and landscaping when he could find a job; hoping he wouldn’t be fired or arrested.

Sgt. Adams joined the Marines after a comfortable childhood in Bedford, with a paper route and a Catholic school education. Serving six years in San Diego and Los Angeles, he was promoted twice and left the service with an honorable discharge. With his new wife, he settled
in Los Angeles and started planning a future, taking Lamaze classes in Beverly Hills to prepare for their first child. A few years later, his wife’s cousin introduced them to a new drug, which turned out to be crack cocaine.

It seemed glamorous at first, he says, “then it took hold of me,” and everything fell apart. He was in treatment but the marriage was over and he gave up. Sgt. Adams was sleeping in parks and empty apartments. He served six months in jail for trespassing; then he was arrested again for drug possession.

He called his sister for money – instead of sending it, she moved him back to Cleveland in 1988 where the family could take care of him. When he didn’t appear in court, California issued a warrant. Although he was never convicted on the possession charge, the outstanding bench warrant would haunt him.

He couldn’t get a job because he had a warrant and he couldn’t access any veteran’s benefits because of the VA’s “fugitive felon” rule.

Sgt. Adams struggled to clean up his record, he attended expungement seminars and submitted his paperwork, but without an attorney, prosecutors would ignore his pleas.

“It was all my own fault,” he says. “I wanted to see my kids, I wanted everything back the way it was.”

He was ready to make a change, spending time volunteering at the VA, pushing wheelchairs, attending job-training classes half-heartedly, knowing he wouldn’t be hired. Looking back,
he realizes he had a team of angels at the VA who wouldn’t let him give up. Russ Schafer, a veteran’s advocate and court liaison, sent him to Legal Aid. His Legal Aid lawyers Jami
Altum-McNair and Deborah Dallmann contacted the Public Defender in California for help asking the California court to recall the warrant. The Legal Aid attorneys provided the court with character statements and a heart-rending apology from Sgt. Adams.

“She made me feel like I was invincible, like I could beat anybody,” he observed. The court recalled the warrant and as a result, Sgt. Adams can now receive veteran’s benefits. With
his can-do attitude, he was hired at the VA earning $18 an hour. He bought a car and moved into a new apartment on Lake Erie. Best of all, he was able to renew his relationship with his daughters, ages 30 and 31, and spent Christmas with them.

Damian Calvert:   From Inmate to Community Leader

When a person is convicted of a crime, he may spend days, months or years in prison, but the criminal record will affect him for much longer.   Formerly incarcerated individuals struggle to find jobs, housing, health care and other necessities. It’s much harder to avoid re-offending when these needs are not met. Despite the hurdles, success is possible. Damian Calvert is an inspiring example.

Damian Calvert spent 18 years in prison. As many young adults were graduating from high school, going to college or starting jobs – Calvert was facing a long road through the correction system to achieve a life free from crime. According to Calvert, “my journey of incarceration wasn’t just a physical journey it was an interior journey”¦. I had a lot of self-introspection, facing my own demons and dealing with my own issues – emotionally, spiritually and mentally.”

Despite the challenges Calvert faced during and after prison, he returned home and is creating positive change in his community. Much of Calvert’s success today is based on the groundwork he laid while still incarcerated.   Calvert founded the NAACP chapter at Grafton Correctional Institution (GCI) in 2005. As part of his work with the NAACP, Calvert conducted outreach to many people outside the prison walls. Given that he could not participate in typical networking, he invited key stakeholders into the prison. Many of those people are now Calvert’s friends and coworkers in the community.

Within two days of leaving GCI, Calvert found a job. A short time later he enrolled at Cleveland State University to pursue a Masters in Non-Profit Management. Just over two years after Calvert’s release, he has his own apartment and car, and he is the Lead Organizer for Stand Up Ohio (Cleveland Region). Calvert proudly speaks about his life story: “If I cannot accept and be comfortable with myself, how can I expect others to treat me with the respect and dignity I deserve?”

This article was written by Erika Anthony of Oriana House, Inc.  and appeared in The Alert: Volume 29, Issue 2. Click here to read the full issue.