Since July 1, 2023, West Virginia has implemented statewide work requirements and time limits for certain Supplemental Nutrition Assistance Program (SNAP or food stamps) recipients. This is called the Able-Bodied Adult Without Dependent Work requirement.
Age: People ages 18 to 52 who do not have a child or aged/disabled person to care for and are “fit” to work are limited to three months of SNAP benefits within a three-year period unless they meet work requirements or qualify for an exemption.
Before October 1, 2023, the work requirements applied to people up to age 49. Now, if you are between ages 50-52 the work requirements may apply to you.
The age limit will increase again on October 1, 2024, when people up to age 54 will have to meet work requirements or qualify for an exemption.
New Exemptions from the Work Requirement: People may be exempt from the work requirement and time limit for receiving food stamps if they meet certain situations.
As of October 1, 2023, there are new exemptions from the work requirement for:
People who are homeless, and
Young adults aged 24 and younger who were in foster care on their 18th birthday.
People are also exempt from work requirements and time limits for receiving benefits if their circumstances meet any of the following criteria:
A doctor gives a statement to DHHR saying you are mentally or physically “unfit” for work
You are pregnant
You are in a drug or alcohol treatment program, if that program prohibits employment
You get unemployment compensation
You get disability benefits from the government or an employer
You have children who are not old enough for school
You get SNAP benefits with someone under the age of 18
You are responsible for the care of a disabled adult
You are at least a half-time student, and follow SNAP rules
In 2019 and 2020, the West Virginia Legislature passed legislation to set up a charter school system in West Virginia. According to the law (W. Va. Code 18-5G-1, et seq.), public charter schools “are intended to empower new, innovative, and more flexible ways of educating all children within the public school system to” improve student learning, allow for innovative education that will result in higher student achievement, and allow for parents to have more choice in their children’s education, among other goals. Id.
Since the passage of this legislation, two brick and mortar charter schools have opened (the Eastern Panhandle Preparatory Academy in Jefferson County, and West Virginia Academy in Morgantown), along with two virtual schools, with more planned to open this fall. This first phase of openings is to be considered a pilot program, with reports to the state legislature being due every 3 years on the status of said schools.
Public charter schools are subject to general supervision by the West Virginia Board of Education for meeting the student performance standards required of other public school students. They are also required to, among other things:
Follow “all federal laws and authorities applicable to noncharter public schools in this state including, but not limited to, the same federal nutrition standards, the same civil rights, disability rights and health, life and safety requirements applicable to noncharter public schools in this state;”
Follow the same attendance requirements as noncharter schools; and
Follow the same student assessment requirements applicable to noncharter schools in the state, in order for the state board to measure the performance of the charter school.
Public charter schools may develop specialized programs for students “with special needs, including, but not limited to, at-risk students, English language learners, students with severe disciplinary problems at a noncharter public school, or students involved with the juvenile justice system” and may also develop enrollment preferences for these students. Because the charter schools established by the state are public charter schools, they are required to follow all state and federal policies that govern the education of students with disabilities, including West Virginia Board of Education Policy 2419, the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act and Americans with Disabilities Act (ADA).
Therefore, nonpublic charter schools are tasked with the same obligations as regular school districts to locate, identify, properly evaluate and educate all students suspected of needing special education.
Did you know that children in kinship care may qualify for assistance under the McKinney-Vento Act?
The definition of homelessness includes many children who are in kinship care. Homelessness is defined within the meaning of the act as a child who lacks a fixed, regular and adequate nighttime residence, and includes children and youths who are sharing the housing of other persons due to loss of housing, economic hardship, or similar reasons.
What is McKinney-Vento?
The McKinney-Vento Act provides rights and services to children and youth experiencing homelessness, which includes those who are: sharing the housing of others due to loss of housing, economic hardship, or a similar reason; staying in motels, trailer parks, or campgrounds due to the lack of an adequate alternative; staying in shelters or transitional housing; or sleeping in cars, parks, abandoned buildings, substandard housing, or similar settings.
Subtitle VII-B of The McKinney-Vento Homeless Assistance Act authorizes the federal Education for Homeless Children and Youth (EHCY) Program and is the primary piece of federal legislation related to the education of children and youth experiencing homelessness. It was reauthorized in December 2015 by Title IX, Part A, of the Every Student Succeeds Act (ESSA).
How does it work at the local level?
McKinney-Vento benefits are coordinated at a local level by a local education agency (LEA), which must designate a liaison for students experiencing homelessness who is able to carry out the duties described in the law. You can find your local McKinney Vento Liaison for your county on the WV Department of Education website.
Some of those key duties of the liaison include:
Ensuring that homeless children and youth are identified and enrolled in school, and have a full and equal opportunity to succeed in school.
Ensuring that unaccompanied homeless youth are informed, and receive verification, of their status as independent students for college financial aid.
Ensuring that homeless children, youth, and families receive referrals to health, dental, mental health, housing, substance abuse, and other appropriate services.
Disseminating public notice of McKinney-Vento rights in locations frequented by parents and youth, in a manner and form understandable to them.
How can McKinney-Vento funds be used to help children in kinship homes?
Funds can be used to acquire or purchase:
Tutors or other academic supports
Basic School Supplies
Transportation to and from school and extracurricular activities
Costs of extracurricular activities, such as sports equipment and uniforms
Homeless children and youth must be enrolled in school immediately, even if they lack documents or have missed application or enrollment deadlines during any period of homelessness.
If a dispute arises over eligibility, school selection or enrollment, the child or youth must be immediately enrolled in the school in which the parent, guardian or unaccompanied youth seeks enrollment, pending resolution of the dispute, including all available appeals.
States must have procedures to ensure that homeless children and youth do not face barriers to accessing academic and extracurricular activities.
Children and youth experiencing homelessness can remain in their school of origin for the duration of homelessness and until the end of an academic year in which they obtain permanent housing, if it is in their best interest.
LEAs must make best interest determinations that presume that staying in the school of origin is in the best interest of the child or youth; consider specific student-centered factors; prioritize the wishes of the parent, guardian, or unaccompanied youth; and include a written explanation and right to appeal if the LEA determines that school stability is not in the best interest of the child or youth.
Transportation to the school of origin is required, including until the end of the academic year when a student obtains permanent housing.
Some big changes are happening to SNAP (food stamps) and Medicaid in 2023. Here are some important changes you should know:
EXTRA SNAP (FOOD STAMPS) STOP AFTER FEBRUARY 2023
Extra SNAP benefits you may have gotten to help during COVID are ending. Starting in March, everyone will only get the regular monthly SNAP (food stamp) benefits. This is based on your income, expenses, and family size.
Be Prepared.When you get your EBT deposit in March, check your balance.
Budget Carefully. You do not need to spend all your SNAP (food stamps) now. You can keep food stamps on your card as long as you use the card once about every 9 months. If you can save benefits from February to spend in a later month, it may help you in March when the extra benefits end.
REVIEWS TO KEEP MEDICAID RESTART IN MARCH 2023
When COVID started, the federal government passed a rule that temporarily stopped most yearly reviews of whether you qualify to keep Medicaid. This rule is ending. Starting March 2023, DHHR will begin to send renewal forms to people who get Medicaid. Each month, Medicaid will review a certain number of people, over the next year.
Make sure DHHR has your current mailing address and other contact information. DO THIS NOW! When it is your turn to be reviewed, you want to make sure you get the renewal form.
Update Contact Information With DHHR: There are four ways to update your information:
Check your mail and fill out forms. Everyone who gets Medicaid will have to go through the renewal process. Most people will need to fill out a form. Make sure to follow the deadlines in the form. Keep a copy of the filled-out form. Or take a photo of it with your cell phone.
Need Help?
Legal Aid of West Virginia may be able to help if you are having these kinds of problems:
You believe your SNAP monthly benefit is not correct
You have questions about how to fill out Medicaid renewal information
You are terminated from SNAP or Medicaid
You are having trouble getting information submitted or hearing back
Apply for help by calling 866-255-4370, or apply online.
*It is possible this information is no longer relevant*
The West Virginia Homeowner Rescue Program (WVHR) supports homeowners who are struggling to pay bills on their primary residence from financial issues caused by the COVID-19 pandemic. West Virginia homeowners financially burdened by or during the COVID-19 pandemic who meet the program’s eligibility requirements (detailed below) may receive financial assistance on their mortgage, utility payments, and more.
West Virginia homeowners may receive up to $15,000 for past due mortgage payments. Homeowners may receive up to an additional $5,000 for other housing debts, like home insurance, property taxes, condominium fees, HOA fees, and other common charges. An additional maximum of $2,500 can be awarded for past-due utility debts including, but not limited to, electric, gas, and internet (internet payment is limited to $300 per household).
To be eligible, the applicant must be the owner of a property located in West Virginia, and it must be their primary residence. Further, the household income may not exceed 150% of the resided county’s median income. A homeowner may not receive funding for more than one house. As part of the application process, the homeowner must describe and demonstrate how they have suffered financially either directly, or indirectly caused from the COVID-19 pandemic. This coverage includes financial issues caused by the pandemic after January 21, 2020, or financial issues from before the pandemic continued into the pandemic. Examples of this include having lost a job, having had to allocate money to healthcare, and a decrease in household income.
Applications are submitted online, and applicants must provide the following:
– Household income
– Qualifying hardship
– Proof of ownership and residency
– Proof of identity
– Documentation sustaining Eligible Expenses
To begin the application process, follow this link, and click the “Apply as a Homeowner” button at the bottom. The webpage further details the application process.
If you have questions about eligibility, please call 211 to speak with a partner representative
If you do not have access to a device such as smartphone, tablet, or computer, please call 844-542-0035 or email wvhr@wvhdf.com to request a paper application.
West Virginia Legislators have made a few changes to custody law that started on June 10, 2022. In cases dealing with custody, the Family Court now has a presumption, or belief, that there should be 50/50 shared equal custody between parents. This means Judges will equally split custody 50/50 between parents. This new law does not create a substantial change in circumstances. This means it cannot be used as the only reason to change an existing parenting plan.
This belief of 50/50 custody is “rebuttable” or challengeable. To challenge it, a parent must prove “by a preponderance of the evidence” that the other parent should not have 50/50 custody. This means there is over a 50% chance that what you are saying is true. At your first hearing if you have not already reached an agreement on custody with the other parent, you can bring in evidence to help your case. This includes photographs, text messages, witnesses, etc.
At the first hearing, the Family Court is going to decide on temporary custody for the child. If the parents have already agreed on a parenting plan, then the Family Court will likely use that agreement. If a parent disagrees with the temporary custody plan they can file an appeal with the West Virginia Intermediate Court of Appeals. This is a new court will conduct a quick review of the Family Court’s decision.
If a person chooses to appeal that does not stop the Family Court decision from being followed for the time being. The Family Court also will not pause future hearings in your custody case. This applies even if the Intermediate Court has not yet heard your appeal. Since the Intermediate Court of Appeals is a brand-new court system, it is not clear how fast a review will be done.
The Family Court will consider many factors when deciding custody. The Court can consider the actions of significant others, friends, and family that often spend time at your home. This is to see if any of those people will do something harmful or if there are concerns with their past behavior. The Court also looks at the travel distance between parents’ homes. Also, the amount of time each child spends with the parent or a third party, and if the child has siblings. The Court can also consider whether a child, or parent, has a serious medical condition that can make care difficult. The Court can also consider if a parent has a past history of domestic violence or any current domestic violence cases. The Court will want to know if a parent has any felonies on their criminal record. In addition, the Court may also want to know where the children want to live if they are over 14 years old. If the child is not yet 14 years old, the Court will evaluate if they seem mature enough to have a preference.
If a parent wants to challenge 50/50 shared custody they should bring evidence to their hearings. The evidence should show any of these kinds of behavior. At the hearing, the judge will hear both sides and consider all the evidence and factors. Then the judge will make a decision on what custody arrangement is best for the child.
There is an option to “modify” or change, the parenting plan in the future. To modify, a parent must show a “substantial change in circumstances” since the current plan was entered. The parent must also show that the change is in the best interest of the child. Examples of a substantial change include things like unstable housing conditions, not giving the child medical care, or a disruption in the child’s education. If you cannot show a substantial change, you can still modify it for a few reasons. Please see our custody modification article for more information.
Legal Aid of West Virginia has started a mediation program to help families affected by drug use. One of our goals is to help people in recovery reconnect with their children. Another goal is to help lower the burden on relatives caring for children while their parent is recovering.
*It is possible this information is no longer relevant.*
As of Wednesday, January 19, 2022, the federal government is providing four free at-home COVID-19 tests per household. These can be ordered through an online form at https://www.covidtests.gov/. If you do not have internet access or experience a problem with the online application, you can call 1-800-232-0233.
There is a TTY option for text telephone device users to order the tests at 1-888-720-7489.
Tests are free and will be delivered by the United States Postal Service.
OTHER TEST OPTIONS (Heading)
Many insurance providers are covering the cost of at-home testing due to a federal rule for private insurance. If you purchase in-home COVID tests, you may be eligible for reimbursement or to have the tests paid upon purchase. Contact your private insurance provider to find out their policy on covering the cost of these tests.
If you have Medicaid, your at-home tests are also covered. You can reach out to your Medicaid provider to find out more about how to get your testing costs covered when you purchase.
In West Virginia, free in-person COVID-19 testing is still available for the public and conducted at sites around the state daily. You can see the closest testing site to your location, as well as the full schedule at https://dhhr.wv.gov/covid-19/pages/testing.aspx.
Has the DHHR taken custody of your grandchildren or minor relatives? What rights do you have?
Grandparents are given a preference for placement and are entitled to have a homestudy completed on their home to determine if their home is appropriate [WV Code 49-4-114(3)]. West Virginia Code §49-4-601(a) provides that “[w]hen a child is removed from his or her home, placement preference is to be given to relatives or fictive kin of the child.”
Foster and Kinship Care Providers have rights (WV Code 49-2-127)including:
The right to be notified of any hearing or review where the case plan or permanency of the child is an issue.
The right to move to intervene in the pending case, without fear of retaliation, once parental rights have been terminated.
The right to receive written notice if a child is removed from your home as a foster or kinship care provider. (WV Code 49-4-111(a)).
Foster and Kinship Care Providers can contact the Foster Care Ombudsman if they feel like their rights are being violated. The foster care ombudsman can be reached at: Telephone: (304) 558-1117 or Email: fostercareombudsman@wv.gov.
The Foster and Kinship Care Bill of Rights Text:
A Bill of Rights that acknowledges the integral and vital role you provide for our State’s children!
The West Virginia Legislature established a Bill of Rights for Foster and Kinship Parent Families that includes, but is not limited, to the following:
The right to be treated professionally and ethically as a provider.
The right to maintain your own family believes and beliefs, when possible. The right to receive training.
The right to have an emergency contact 24/7.
The right to learn safety issues about the child prior to placement. The right to learn background about the child prior to placement. The right to be provided a copy of treatment and service plans.
The right to participate and be notified of permanency planning.
The right to communicate with other professionals regarding the child. The right to be notified of all Court hearings.
The right to be notified of the final outcome of an investigation concerning foster home and explanation of corrective action plan or policy violation. The right to contact the Foster Care Ombudsman.
The right to submit a letter or report to the Court.
HOW TO CONNECT WITH THE FOSTER CARE OMBUDSMAN (FCO) OFFICE:
State Capitol Complex Building 6, Room 817-B Charleston, WV 25305
The FCO advocates for rights of foster children and foster families, investigates and resolves complaints by foster children and foster families, and monitors the development of regulations, policies, and procedures related to the child welfare system.
This and every Veterans Day, we thank our veterans for their service. What many may not know is Legal Aid of WV provides services directly to veterans with legal problems.
Our veterans services, like our other services, have eligibility requirements, but we are able to provide services to a more diverse group of people under our veterans services umbrella because we have more flexibility with income eligibility.
Our current veteran attorney is Phillip Pham. He is based out of the Clarksburg office in Harrison County but can serve veterans statewide. Phillip can assist qualified veterans on legal issues such as adoption, guardianship, housing, unemployment compensation, expungement, driver license, name changes, bankruptcy, and veterans benefit cases. Phillip can also provide general legal information, legal forms, phone advice, and referral to other resources such as the WVU Law School Legal Clinics. Legal Aid also partners with the WVU College of Law Veterans Clinic to assist veterans who must appear in Court for petty offenses committed on federal property (also known as the petty offense docket).
Although we cannot assist in all cases or issues, we encourage any veterans facing current or potential legal matters to contact us for a no-charge consultation. Any veterans qualified for our services will not be charged for our services.
Another exciting opportunity for us to assist veterans will be coming in the form of assistance for tax filing. Phillip will be working as an IRS’s Volunteer Income Tax Assistance preparer to assist veterans with tax filing.
Due to Covid, we are currently unable to provide walk-in clinics at your local VA hospitals, but you can ask the social workers working there to put you in touch with Legal Aid of WV. Phillip can also meet you at any of the Legal Aid offices statewide, at the VA, or at another off-site location through appointment to discuss your case.
If you would like to apply for services, please call 866-255-4370 to complete intake. If you would like to speak with Phillip before applying, please call 304-623-6649, extension 2311.
