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Stepping into Autumn...

Greetings,

We are two weeks into the fall season in a year that has presented us with numerous challenges but thankfully also successes and opportunities for growth. I am delighted to share one of our successes was the debut of our Justice Served fundraising event on September 16th.

Re-imagined for a virtual format in response to the pandemic, development director Emily Wing created a program that was described by attendees as lively, informative, engaging, well-paced, and a lot of fun. I am thrilled by this feedback and grateful for the funding support we received before, during, and after the event. Thanks to the generosity of our supporters, Justice Served is in the books as our most prosperous (net) fundraiser to date. The donations we received will go a long way to sustain the type of advocacy featured in the event program, as well as in the client story shared by CLA SoCal paralegal Alton Donatto in the column below.

Please read Alton's story and learn how he advocated for his client, and, in so doing, how he embodies our organizational values of Accountability, Collaboration, Compassion, Excellence, and Trust. Paralegals are integral to our legal work and are often the unsung heroes within a legal services program, showing up day in and day out dedicated to helping their clients. From the Intake and Assessment paralegals working on the frontlines to those practicing in the legal units, CLA SoCal's paralegals are an impressive group of professionals I am honored to call my colleagues.

Finally, I cannot close this month's message without acknowledging the sad passing of Justice Ruth Bader Ginsburg, a champion for equality, and without sharing some words she once stated specific to the mission of legal aid, "sympathetic lawyers in [legal aid] offices repair tears in the lives of the least advantaged. They provide quality legal services that can turn despair into hope for the future."

Warmly,

Kate Marr
Executive Director

Representing the Vulnerable

by Alton Donatto, Paralegal, Public Benefits Unit

David (fictious name) had undergone psychological testing ordered by an Administrative Law Judge (ALJ) and was struggling with multiple serious physical ailments when he came to us at Community Legal Aid SoCal. Initially represented by his sister Rosemary (fictious name), he was in desperate need of legal assistance after the ALJ ordered the testing and continued his Supplemental Security Insurance (SSI) hearing.

In his early sixties and living with his elderly uncle, David suffered from a learning disorder, was receiving treatment for numerous debilitating health conditions, and was under the care of a pain management specialist. Reviewing the files, I determined his case needed the submission of significant updated medical records. Rosemary obtained the updates for us, which we sent to the hearing office to be inserted into the electronic case record.

I represented him at the SSI hearing. Rosemary testified to his limitations and to his inability to read anything more than simple instructions. David testified to his multiple health conditions. The ALJ made note of the fact that, three years before, David was diagnosed with hypertension and COPD. The records also showed extensive medication for pain treatment.

The ALJ found that David's ability to perform gainful employment was determined to be at the sedentary level. When the vocational expert testified, she stated he would not be able to perform any employment, even at a sedentary level, and that it would be impossible for him to stay on tasks throughout the work day due to the effects of his ailments.

After hearing the testimonies and reviewing the records, the ALJ issued a Fully Favorable Decision with the date of his initial application as the onset date. He concluded that considering David's advanced age, education, work experience, and residual functional capacity that there were no jobs in the national economy that he could perform. As a result, the ALJ awarded him retroactive payments and monthly payments going forward.

The favorable outcome was a huge relief for David and his family. He was elated and told me it felt good to be able to contribute to the household expenses and also to compensate his uncle for the support he provided him for the previous three years.

Domestic Violence Awareness & Celebrating Pro Bono...

Greetings,

In the month of October, along with others throughout the country, we make a point of recognizing the Domestic Violence Awareness Month and the National Celebration of Pro Bono. To bring greater awareness to the issue of domestic violence cannot be overdone and we stand with our partners to bring forward this message. And, the generous commitment of pro bono attorneys, those who feel what the American Bar Association calls, ".a professional responsibility and an individual ethical commitment of each lawyer," is well worth honoring and celebrating.

On our website you will find blog pieces that feature our work on behalf of survivors of domestic violence and highlight our commitment to serving in the midst of the challenges presented by the pandemic. If you click on this link, you can read a recent story of how Family Law Unit attorney Rachelle Neshkes assisted, supported, and empowered her client, a survivor of domestic violence.

Additionally, in my blog piece for Domestic Violence Awareness Month, I address how domestic violence has become a side effect of the pandemic and not necessarily in plain sight as issues of (un)employment and housing (evictions) and how we are at the ready to assist the survivors during this exceptionally chaotic time in our country's history.

To acknowledge the annual National Celebration of Pro Bono (October 25^th through October 31^st), we began our celebrating one month early this year when, at our recent Justice Served event, we shone a spotlight on the pro bono support given to our litigation team by Latham & Watkins, one of the premiere law firms in the country. Latham & Watkins' contribution in the litigation effort and the resources they brought to the Ramirez case were of tremendous help to our staff and is an outstanding example of how pro bono attorneys can support our work and, thereby, help our clients. You can view our tribute to Latham in the video of the event. 

When I first started in my position as executive director in January of 2017, there was no formal pro bono program in place at CLA SoCal (then known as the Legal Aid Society of Orange County). In 2018, we applied and received a Pro Bono Innovation Fund grant from the Legal Services Corporation, our major funder. This was the first step in creating an in-house pro bono department. The second and third steps were the hiring of Tony Lu as Director of Pro Bono and Monica Mar as the Pro Bono Coordinator. Since they've joined us, Tony and Monica have been working with our staff to create opportunities for pro bono attorneys and at the same time have been developing the external relationships, with the private bar, that are necessary to draw pro bono attorneys in to donate their time to support our work.

Shared below is a story of one such pro bono attorney, Robert Siemer. With extensive experience in the healthcare industry, Mr. Siemer used his expertise to support our Health Consumer Action Center team (also known as the Health Unit), enabling them to achieve a significant outcome for their client.

Warmly,

Kate Marr
Executive Director

Pro Bono Expertise Shores Up Successful Outcome

It was a complex hospital billing case and the advocates of CLA SoCal's Health Consumer Action Center (Health Unit) knew it would take some substantial time dedicated to analysis of the records in order to dispute the charges on behalf of their client. Thankfully, they had the of resource of Robert (Bob) Siemer, a pro bono attorney who had the exact background and skills needed to help them.

In a warm transfer, the Department of Managed Healthcare (DMHC) referred the client to the Health Unit for assistance with hospital billing for a two-month hospitalization for inpatient care. The client had been in the ER and was admitted into the hospital for inpatient treatment. The client and their family sought and obtained verbal reassurance from the provider that the insurance would cover their inpatient stay. However, when they received the billing this was not the case. Adding to the complexity of the patient stay, the billing was spread across two departments and a subcontractor.

The Health Unit team turned to Bob, who had spent the majority of his career as an attorney in the healthcare industry as general counsel at Memorial Health Services. He also had clinical experience as a pharmacist. Knowledgeable about the inner workings of a hospital and the healthcare field as a whole, Bob was the perfect fit to conduct the needed analysis to figure out and resolve the billing issue.

It was a methodical process that took time, but he was able to follow the chronology, which was an important key, and determine when transfers were made from one facility to the other. Communication was delayed and hampered as each party insisted on a specific consent for disclosure. Getting the right consents would free the right people in the system to talk with the advocates. The advocates were then able to identify that the client was pushed into the hospitalization and able to show that the healthcare was not properly authorized.

Through his work, Bob discovered a sizeable unauthorized charge billed to the client. The Health Unit filed a DMHC complaint. As a result, the plan decided to hold the client not financially liable for the unauthorized charges except for the cost-share. The client was relieved to be unburdened by the significant charges and the Health Unit team was grateful for Bob's expertise and time, provided pro bono, in order to bring about the successful outcome.
 

Our Health Unit advocates have been serving Orange County health consumers for decades...

Greetings,
 
I hope you are doing well through this very unusual summer season, navigating life through the COVID-19 pandemic and witnessing the growing acknowledgement of the endemic societal inequities in our communities and country.
 
Not surprisingly, it is during a pandemic when there is a focus and greater concern about issues related to health, healthcare, and healthcare insurance coverage. At CLA SoCal, our Health Consumer Action Center (Health Unit) advocates have been serving Orange County health consumers for decades and are on the front line, well-positioned, and ready to assist those who need help with accessing the coverage and health benefits to which they are entitled.
 
Through the years the advocates of the Health Unit have assisted thousands of clients - restoring eligibility for benefits, stopping the reduction of Applied Behavioral Analysis therapy hours for children on the autism spectrum, successfully advocating for overturn of health plan decisions to deny medically necessary services, reducing and resolving outstanding hospital bills, and negotiating the return of clients' overpayments for dental care. They've also successfully represented clients with state and federal regulators to obtain healthcare coverage and benefits.
 
In response to the pandemic, our Health Unit wants to be sure our community knows that per federal law all health plans in California are required to cover COVID-19 testing and screening. Private plans must cover testing and screening for people with symptoms of the virus, who think they were exposed to someone with it, who are essential workers, or for whom testing is otherwise medically necessary. If you or someone you know does not have insurance, contact your local hospital or clinic and ask to be enrolled in the COVID-19 "presumptive eligibility" program to cover the screening, testing, and treatment for the virus at no cost.
 
The Health Unit team can help clients with the process and with any other issues with coverage eligibility and health care access, like problems concerning eligibility for Medi-Cal, In Home Supportive Services, Medicare, Covered California, Cal-COBRA, private insurance, and other coverage.
 
As an example of how CLA SoCal's Health Unit advocates are helping clients during the pandemic, I want to share with you the following case story by Sara Lee, the Supervising Attorney for the unit.
 
Warmly,
 


Kate Marr
Executive Director

Ensuring Health Benefits

by Sara Lee, Supervising Attorney, Health Unit

James (name changed), an Orange County school bus driver who suffered a loss of wage due to the COVID-19 crisis, contacted Community Legal Aid SoCal's Health Consumer Action Center (Health Unit) for assistance with the wrongful termination of his Medi-Cal benefit. The Social Service Agency/County had terminated his benefit at the end of March, leaving James without health insurance coverage in a pandemic.
 
This action by the Social Service Agency/County is contrary to state guidance that Medi-Cal eligibility and coverage should not terminate or become interrupted during the COVID-19 pandemic. As James' advocate, I immediately intervened and assisted him to successfully reinstate his Medi-Cal coverage, ensuring he had the coverage to which he was entitled. I then followed-up on the matter by notifying the Health Unit's support center, Western Center on Law and Poverty, who raised it to the California Department of Health Care Services.  

We are finding our grounding through our connection to each other, our work, and to our organizational values...

Greetings,
 
As we enter into the thick of the summer season, I hope you are well and have the resources you need to keep you balanced through the challenging time we are collectively experiencing.  At Community Legal Aid SoCal we have been ensuring our staff are supported during this highly charged period of pandemic and ongoing protests inspired by the recent killing of George Floyd and so many others.  We are finding our grounding through our connection to each other, our work, and to our organizational values, which I would like to share with you-Accountability, Collaboration, Compassion, Excellence, and Trust.
 
CLA SoCal's values are inspired by our staff. It is through their expressed commitment to their work and serving their clients, as well as how they work with each other, that we recognized the values that bind us together. Our values came out of discussions that started in committee earlier in the year, before the pandemic. In identifying our values, we looked at our organization and named the core principles that characterize the way we approach our work and each other. 
 
Each value is of equal importance and no one value takes precedence over another. They express what we stand for and let our clients, staff, partners, funders, volunteers, prospective employees, and other stakeholders know what is important to us and what they can expect. The values go beyond our name, brand, and mission statement to define and demonstrate our culture. In essence, they reflect the "soul" of our program. They are reflective of how we work together, treat each other, our clients, and you, the members of our community.
 
Following is a case story by one of our immigration attorneys, Mahsa Maleki, that I believe well illustrates all of our values in action.

Warmly,
 


Kate Marr
Executive Director

Asylum for Survivors of Domestic Violence

by Mahsa Maleki, Staff Attorney, Immigration Unit

Viviana (name changed) is a client who came to Community Legal Aid SoCal (CLA SoCal) through our partnership with Mission Hospital. She was in immediate need of assistance with filing an immigration asylum application and with eventual representation in her immigration court removal hearing.
 
Viviana is originally from a Central American country.  When she was a child, her family had to escape to another Central American country because they were targeted by gangs. In their new country, the family was subjected to ongoing discrimination and harassment because of their nationality. One neighbor tried to burn Viviana with cooking oil, and on another occasion tried to burn the family's kitchen down. 
 
At home, Viviana witnessed her father hitting her mother, and at times he would hit her and her siblings.  Viviana told us that she moved in with her husband, Adriano (name changed), because she was desperate to leave her home. Unfortunately, her life took a turn for the worse when she went to live with Adriano.  
 
Adriano hit her with a belt, punched her in the face, and choked her. In the years she lived with him, she tried to escape five times even fleeing to different towns. Each time he was able to find her.  In her last encounter with him, he said he would kill her if she did not go back. She believed him. She left her older children with her mother and escaped to the U.S. with her minor child, a daughter.  Viviana crossed the border with her daughter and was immediately apprehended and placed in removal.
 
From the initial meeting with Viviana, our Immigration Unit paralegal Julie Gonzalez strongly connected with her and encouraged us to take the case. At first, I did not want to commit to fully representing Viviana in her removal hearing and so we only agreed to help her file her asylum application.
 
Working on the asylum application called for a quick turnaround of work from the Immigration Unit team. We had to prepare and present her case in two weeks. I remember the night we helped her file the application; both Julie and staff social worker Abigail (Abi) Resendiz-Zu?iga stayed late to help her. 
 
The level of trauma Viviana suffered was so severe and fresh that she had a very difficult time communicating her story. I recall how empathetically both Julie and Abi interacted with her during that interview and allowed her to feel at ease.  
 
When November came and we agreed to represent her in her removal hearing, I felt very concerned that she was not emotionally ready to present her case during the six-week time we were given by the Court. In fact, this formed the basis of two of my Motions to Continue. We referred her for counseling at another agency, but they were busy during Christmas time.
 
I am confident that had it not been for Abi's emotional support of Viviana and her techniques of helping her with emotional regulation, we would not have been able to have her present her testimony. She worked with me during every prep session with Viviana (including weekends), which was very valuable. At times Abi had to stop me and remind me that it was not healthy for Viviana to continue any longer.
 
During the hearing, Viviana had to take breaks because the story was too painful for her to tell, and at each break she would check in with Abi to find her inner peace.  As Viviana courageously pushed forward, I am proud to say that by the end she presented her story in full. 
 
While the government attorney agreed that her testimony was credible, they argued that she was not entitled to a grant of asylum. They stated that Attorney General Jeff Sessions had declared in Matter of A-B-, 27 I&N Dec. 316 (A.G. 2018),  that victims of domestic violence were not entitled to asylum because the harm that they had suffered (and are likely to suffer) was done by a private actor.  And they were not entitled to asylum unless they could show that the government condoned the private actor's actions. 
 
We responded to their argument in a written brief arguing that Attorney General Sessions'' decision in Matter of A-B- was mostly dicta (statements of authoritative opinion) and had not changed the law in the 9^th Circuit. We also further argued, amongst other things, that to the extent that Matter of A-B- forecloses relief to women for a plight of domestic violence that commonly targets them, it violated equal protection.
 
After three months of deliberation, the immigration judge of the case, in a written decision, ruled in Viviana's favor and granted her and her daughter asylum. The government chose not to appeal and our client's victory became final.  

Serving and Protecting Our Elders...

Greetings,

The summer has warmed up considerably in Southern California and with the heat our concern for the seniors in our community comes even more to the forefront.  The hot weather is hard on all of us but more so for seniors.
 
Serving seniors has long been a priority for CLA SoCal and with the continuing pandemic the importance of our work on their behalf has never been more critical. The advocates of the Seniors Unit work daily to ensure the safety and wellbeing of seniors. Elder abuse is often overlooked, and its prevalence is likely not what immediately comes to mind when the subject of domestic abuse or violence is brought up.
 
Elder abuse can take many forms: physical, sexual, emotional, financial, or verbal.  It can also look like neglect-barring a senior from access to food, money, or other necessities. During the "safer at home" period the opportunities for abuse to occur have increased as family members are present in the home together for longer periods of time. Our Seniors Unit advocates are ready and waiting to help seniors with restraining orders and other legal remedies to ensure they are safe and protected.  
 
As they age, some seniors begin to experience a decline in their mental faculties and physical abilities. If they are alone it can lead to self-neglect when they stop addressing their medical issues like seeing their doctors and taking their medications. They may also stop day to day living activities like tending to their hygiene and eating regular meals. The Seniors Unit can work with those suffering from self-neglect and help them find the resources to address their needs and connect them with social service agencies such as the Orange County Elder Abuse Forensic Center. CLA SoCal also has a case manager on staff to assist the older adult navigate all the resources available to them. 
 
Besides taking on individual cases for representation, we provide regular support to seniors through our Hotline. In pre-pandemic times, the Senior Unit staff hosted regular Elder Abuse Workshops at the Central Justice Center Courthouse in Santa Ana.
 
Further, the Seniors Unit are experts at helping elders who have become victimized by scammers and fraudsters. The isolation some experience makes them vulnerable to 3rd parties who can take advantage of them. The COVID-19 pandemic has given scammers ample material to try to con vulnerable elders.
 
The Seniors Unit advocates can also assist with incapacity planning and general conservatorships and have prepared FAQs to answer some of the most common questions about these subjects.  By going to our website,  seniors can scroll down to find the FAQs for both, as well as FAQs about how to best protect themselves from scammers.
 
Another area we are working to protect the welfare of seniors during the pandemic is through our Health Unit.  In June, the Health Unit issued a press release that called upon the County of Orange to release the COVID-19 testing plans required to be submitted by operators of skilled nursing facilities (SNF). The advocates of the Health Unit continue to keep a keen on eye on the SNFs.
 
To give you an example of how our Seniors Unit is helping clients during the pandemic, I want to share with you the following case story by Kaelan Nguyen Orozco, an attorney in the unit.
 
Before closing this message, I feel compelled to acknowledge the recent unjustified shooting of yet another black man, Jacob Blake, at the hands of the police. As we begin to examine issues of equity and inclusion within our own organization and our work, we stand in solidarity with all who are trying to advance these issues nationwide.
 
I hope that you and your loved ones are staying well and healthy.
 
Warmly,
 


Kate Marr
Executive Director

P.S. If you know of any senior who might need our assistance, please encourage them to contact our Intake and Assessment Hotline, 800-834-5001.

A Legal Win in a Case of Elder Abuse

by Kaelan Nguyen Orozco, Staff Attorney, Seniors Unit

My client Bill (name changed) called Community Legal Aid SoCal seeking assistance against Stacy (name changed), a 44-year old tenant who had recently started renting the lower level of the 2-story house he shares with his wife. Bill and his wife are both 77 years old and suffer multiple health conditions. 

As soon as she moved in Stacy was extremely loud, banging the doors and throwing items against the wall day and night, causing the couple distress and sleepless nights. Stacy was behind on rent after the first month. When Bill asked about it, she responded with verbal aggression saying "I hope you lose your house," "I'll pay when I want to," "I'll leave when I want to," and "I hope you die."

Alarmed at the situation, Bill decided to ask her to leave and served her with a 3-day notice. Stacy reacted by not moving out and continuing her noisy display. 

The couple were afraid of her and were at a loss about how to get her to leave their home. They were also worn out and tired due to the continued lack of sleep and anxiety.  

Because of the COVID-19 crisis' stay on evictions and the court's indefinite closure, they could not start an eviction case.  However, with our assistance, the couple pursued another legal remedy to relieve themselves of Stacy's presence and abuse. 

We assisted Bill with completing and submitting a court petition for an elder abuse temporary restraining order against Stacy. In the petition we described the noise, verbal abuse, financial abuse, and the toil that the situation had on the couple's emotional and physical health. We requested no contact, move-out and stay away orders. 

The court granted the temporary restraining order, including the move-out order. The very next morning, the Sheriff's Department served Stacy with the order and waited for her to move out. Bill and his wife were relieved and grateful to feel once again safe in their own home. 

Say Their Names

"I wish I could say that racism and prejudice were only distant memories. We must dissent from the indifference. We must dissent from the apathy. We must dissent from the fear, the hatred and the mistrust.We must dissent because America can do better, because America has no choice but to do better." - Thurgood Marshall 

The violence across our nation and in our communities in response to the recent deaths of George Floyd, Ahmaud Arbery, Breonna Taylor, Sean Reed, Tony McDade, and countless others before them have impacted all of us at Community Legal Aid SoCal. On behalf of our program, I want our colleagues, clients, volunteers, supporters, and community partners to know that as we say their names, we stand with you in condemnation of these horrific killings. Even as we all continue to grapple with the coronavirus pandemic, we must now help our community and colleagues cope and heal while ensuring they have the legal resources and other support they need in the face of heightened tensions and added uncertainties. 

Community Legal Aid SoCal, along with our partners, serve as anchors and safe harbors for our community during troubled times. For thousands of clients and their families, the services we provide support their path out of poverty. We strive to offer an antidote to injustice, prejudice, and fear, which threaten America's long-term health more than any virus. 

In our service area, people of color make up the vast majority of eligible clients. Sixty seven percent of our clients are people of color as well as 74 percent of our staff. We know that our Black colleagues and neighbors are carrying an extra burden right now. This is why we must recognize the gravity of the current circumstances. 

For 62 years, we have worked hard in Orange and Los Angeles Counties to ensure equity in our diverse communities BUT WE MUST DO BETTER. We are acutely aware of the deeply ingrained societal inequities that can make doing our work difficult even during the best of times. These tragic deaths, and the disproportional effect of the coronavirus among minority populations, have laid bare many of these inequities. 

This crisis is a painful reminder of how much more work still needs to be done. We grieve with and for the families and communities who are suffering during this time. We stand in solidarity with the protestors and commit to fight injustice and systemic inequality with a renewed sense of purpose. At the same time, we reaffirm our resolve to continue serving as champions for justice, tolerance, and hope. 

Say their names because Black lives matter. 

Kate Marr
Executive Director

Everyone is facing challenges right now, and we are especially concerned with the needs of our clients...

Greetings!
 
All of us at Community Legal Aid SoCal (CLA SoCal) are sending you good wishes for wellness and safety during these uncertain times.
 
Everyone is facing challenges right now, and we are especially concerned with the needs of our clients - many of whom live without a safety net even in the best of times. We are also concerned about the needs of the many people who have been thrust into an unfamiliar new reality and need our free legal services now. That is why we are so pleased to be able to assure you that we are still here serving our communities of Orange and Southeast Los Angeles Counties.
 
We have successfully adapted our operations and continue to serve our clients over the phone. Despite the limitations we currently face, our Hotline staff have not missed a beat. This team is our front line and the first ones to provide answers to urgent questions from people in need. Questions like:

• I just lost my job and can't pay my rent. My landlord is threatening
  to evict me. What do I do?
• I no longer have health insurance. How do I access benefits if I get sick?

To provide assurance, advice, and critical civil legal help to our clients during this time, our advocates are conducting telephone appointments, developing virtual clinics, and effectively using resources like CourtCall, a system which enables them to remotely make court appearances for their clients. We are pleased to share that one of our family law attorneys recently made an appearance via CourtCall that resulted in a successful outcome for her client. 
 
The world is rapidly changing these days. To respond, our legal staff is constantly monitoring the ever-evolving developments in their practice areas and providing essential information to our clients and to the community. For example, we are now sharing guidance related to Governor Newsom's March 27^th executive order halting evictions with all clients who call our Hotline for legal help and are making important resources available on our website and social media. We are also shifting our resources to respond to the people's increased needs around unemployment issues and focusing on important policy work affecting our community.
 

The most important message we have is this.

During these difficult times CLA SoCal evolves our practice to meet the most critical needs of our clients...

Greetings!

Current events unfolding in Minnesota, Kentucky, Georgia, and across the country combined with the ongoing COVID-19 pandemic are creating a new level of instability in the lives of our clients. Along with these emerging crises, the growth in domestic violence and other related family law issues has been a subject of focus and concern during these times. For CLA SoCal, continuing to quickly assist those needing restraining orders or assistance with urgent custody or child abduction matters during this period is certainly a priority.

There is no doubt that even in the best of times these issues can be complicated and difficult to resolve. Our Family Law Unit took this reality in hand, along with the new challenges caused by the pandemic, and quickly found ways, through technology, to move forward. As a result, we have steadily and swiftly continued to assist those who call us for help with these critical matters. 

From the beginning of the stay at home orders and our transition to working remotely, our Family Law Unit staff has embraced the available technology to serve and achieve victories for our clients. We are proud to share with you the story of one of those victories, a child abduction and custody case, and how the team worked together to get a successful outcome for our client. 

Warmly,
 


Kate Marr
Executive Director

A Team Effort

By Hadar Swerdlow
Staff Attorney, Family Law Unit

This was a challenging case that happened during the COVID-19 pandemic, one of the most uncertain moments in recent history.  Our legal team came together to resolve it using technology.
 
Our client Sonia (name changed), the mother of a 13-year-old girl, called our hotline distraught because her child had been kidnapped.  Our intake and assessment team immediately recognized this as an emergency matter, a child abduction perpetrated and seemingly premeditated by the child's father Edgar (name changed) and his sisters and scheduled a same-day appointment in the Compton office. 
 
Sonia told me she fled with her daughter to Nevada seven years ago to escape the gun violence in Southeast LA that was directed at Edgar's currently incarcerated brother. The house where Edgar lives was shot at several times, once when Sonia and her daughter escaped and then again as recently as last summer. 
 
It became clear that the situation was more complicated than we first thought.  Edgar enrolled the child in school and the principal would not release her to Sonia. I advocated on Sonia's behalf with the school district's attorney who explained that Edgar had filed for emergency custody.
 
I strategized with our Family Law Unit team and the directing attorney from the Compton office and we came up with a plan. Adding to the complexity of the case, I could not meet with Sonia in person or walk into a courtroom because of the restrictions put in place due to the pandemic.
 
I worked with Nevada Legal Aid and we filed the necessary documents so Sonia could appear in court in both states. As uncertainty escalated and the need for social distancing emerged, it was extremely hard to arrange telephonic court appearances. To ensure the hearing was set up, I called multiple times a day for nearly a week.  I also used technology to communicate with Sonia via confidential text message so we had real time interaction as if we were in the hallway of a courthouse.  We managed to get a favorable decision, all while working remotely.  The judicial officer ordered immediate return of the child to Sonia.
 
Once we had an order from the court, we thought it was over.  However, Edgar would still not release the child to Sonia.  Edgar's sister falsely impersonated an attorney and I had to advocate with law enforcement for release of the child.  Thankfully, as a result, the child was released to Sonia that day.
 
On any given day this would have been a difficult case.  During the current health crisis, it would have been impossible had we not utilized critical technology.  Our team came together in support of Sonia and navigated the twists and turns caused by COVID-19. I am proud to say we efficiently handled this child abduction and child custody matter, pivoting to utilize the new resources at our disposal to successfully resolve an emergency during a global pandemic. 
 

From 2020, transitioning forward...

Happy holidays and winter, everyone! Please click on my video message to you below.

Warmly,

Kate Marr
Executive Director

Securing Social Services Support for a Survivor

By Sarah Cho, Staff Attorney, Economic Maintenance Unit

On April 29, Michelle Hardy (fictitious name) contacted our office regarding a notice she received from the California Department of Social Services (CDSS) that denied her request for a medical exemption to CalWORKs' Welfare-to-Work requirements. CalWORKs is a cash benefit for families with children with limited means, and its Welfare-to-Work program requires recipients to engage in work or work-related activities to continue receiving benefits. Because this exemption was denied, she would have to meet the Welfare-to-Work requirements, which she could not because of her PTSD, depression, and anxiety disorders.
 
At the time she got the notice, Michelle was being treated by a psychiatrist and attending community college. She first moved to California several years ago in order to escape an abusive relationship, which precipitated her mental health conditions. Despite having worked her entire adult life, she found she could no longer sustain work. Since coming to California, she attempted to hold two full-time jobs, but was unable to maintain either of them due to her mental health symptoms that interfered with consistent work.

When she got the notice from CalWORKs, she worried that she may become homeless again and not be able to provide for herself and her four-year-old daughter if she lost the benefits. The assistance from CalWORKs was an important part in allowing her to stay housed and continue her education so that she could become as resourced and resilient as possible to overcome this difficult period in her life.
 

CLA SoCal files an appeal

On May 21, our office and Michelle signed a retainer for us to represent her in an appeal of the denial. While the appeal was pending, I also advised her to request a CalWORKs domestic abuse waiver, which would, similar to the medical exemption, allow her to continue receiving CalWORKs notwithstanding her inability to meet the full Welfare-to-Work requirements. Even though she was no longer in immediate danger, she was clearly still suffering the effects of the trauma she had experienced. She made the request for a domestic abuse waiver and, to our disappointment, received a notice in June denying the request.
 
Our office then signed a second retainer to represent Michelle in the appeal of both notices. I interviewed her further and wrote a letter in support of her case and submitted it to the local office and the State Hearings Division. In August, the California Department of Social Services (CDSS) appeals worker contacted me, and I had several conversations about her case. Through our conversations, it was determined that Michelle was most likely able to maintain eligibility through the medical exemption. I thus sent a letter to her psychiatrist before her next appointment requesting that she re-fill out the form with information on Michelle's ability to engage in work activities given her conditions. Shortly after, I was able to speak with the psychiatrist by phone. It turned out the psychiatrist had received inaccurate information from CDSS, which had caused her to write information that disqualified Michelle from the medical exemption.
 
The psychiatrist filled out the form, and I submitted it to CDSS. In September, the appeals worker contacted Michelle and our office and informed us that the exemption had been approved. She thus withdrew her two appeals and was able to continue to qualify for CalWORKs.
 
During the months that I represented her, Michelle thought several times about quitting. She had gone before an Administrative Law Judge regarding her CalWORKs matter once before, and that incident had taken a major toll on her mental health. I made clear with her that I would do my best to advocate for a resolution before the hearing, and that if that was not possible, she would have the option to reassess whether she'd like to withdraw closer to the date. Fortunately, this matter was resolved without needing to appear before a judge.
 

A holistic approach makes a difference

Because Michelle had other social services needs besides the legal case, she was referred to CLA SoCal case manager Abigail Resendiz-Zu?iga, on staff as part of our organization's commitment to providing holistic services to our clients. Abi was able to share valuable psychoeducation regarding trauma-informed therapy, visit her to provide masks for her and her daughter, and refer her to an organization that provides furniture to domestic violence survivors. The timing was perfect, because Michelle was approved for HUD housing during this period and was able to not only move, but also furnish without further burden to her finances.
 
Today, I am pleased to say Michelle is actively working on healing, continuing to be supported by CalWORKs, has stable housing, and has recently transferred to a local university, where she is continuing her education so that she can better support herself and her daughter in the future.