Frequently Asked Questions

Do you have a question about developmental disabilities or resources for persons with developmental disabilities? In an effort to better serve you, we have compiled a list of the most frequently asked questions. Feel free to contact us if you have a question that is not on our list.

General questions about disability issues:

Questions about the Council:

Questions about services and supports:

Questions about advocacy and disability rights:

What is a developmental disability? 

• The term developmental disability means (per the Federal Developmental Disabilities Act) a severe, chronic disability of an individual that -

  (A) is attributable to a mental or physical impairment, or combination of mental and physical impairments;

  (B) is manifested before the individual attains age 22;

  (C) is likely to continue indefinitely;

  (D) results in substantial functional limitations in 3 or more of the following areas of major life activity:

  (a) Self-care.

  (b) Receptive and expressive language.

  (c) Learning.

  (d) Mobility.

  (e) Self-direction.

  (f) Capacity for independent living.

  (g) Economic self-sufficiency; and

  (E) reflects the individual=s need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated.  

  A child from birth through age 9 who has a substantial developmental delay or specific condition either from birth or acquired, may be considered to have a developmental disability without meeting 3 or more of the criteria described in (D) (a) through (g) if the child, without services and supports, has a high probability of meeting those criteria later in life.  

  [Note: a person whose condition meets the definition of mental retardation also meets the definition of developmental disability, and approximately 2% of people have developmental disabilities.]

   

What is Self-Determination?

• Self-Determination is all about making choices based on your preferences, beliefs and abilities. It means taking control over and participating in decisions which impact the quality of your life, taking risks and assuming responsibility for your actions. It means advocating for your own rights as well as for the rights of others. Self-determined people are viewed as worthy of respect and valued by others. Many people with developmental disabilities have not had the opportunity to make their own choices or learn the skills and have the daily experiences that enable them to take more control over and make choices in their lives. People with developmental disabilities often experience overprotection and segregation. They are not included in decisions that impact their lives. They have limited opportunity to exercise their right to choose, and they have limited options from which they may choose. When we deny people with developmental disabilities the right to make choices in their own lives, when we shelter them from learning opportunities and experiences, we are denying them their right to be valued and respected members of our communities.

The West Virginia Developmental Disabilities Council is dedicated to promoting its belief that all people deserve to be valued and honored as individuals with unique talents and gifts which serve to strengthen West Virginia ’s communities. We believe that all West Virginians should have equal opportunity to live full and productive lives in the community of their choice. We are working to remove physical and attitudinal barriers that prohibit equal access to resources, services and supports, making them more readily available and accessible to everyone. The mission of the West Virginia Developmental Disabilities Council is to assure that West Virginians with developmental disabilities receive the services and supports they need in order to achieve independence, productivity and inclusion in the community of their choice. The Council works to improve the lives of all West Virginians by advocating for a person-centered system which will place control in the hands of those individuals who rely on it. 

What do you mean when you talk about person-centered planning?

• Service planning process centered around individual’s personal goals and preferences. Services and supports are designed and provided to meet long term expectations of the person and his/her family and friends. The person and his/her significant others have the same authority as service provider professional staff in choosing life goals in areas including work, school, home and social relationships. Funding and resources support integrated community living. 

What is an advocate?

• A professional, independent of state service system, that assists people with disabilities in understanding their civil rights and becoming self-advocates. Provides counseling, representation, mediation, litigation and education services on behalf of persons with disabilities. Assists in individual program planning. Works to protect persons with disabilities against discrimination, abuse, neglect and/or exploitation. 

What is a self advocate?

• A person with a disability who speaks for one’s self, or on behalf of a position or cause. Top How do I get involved with disability groups working for systemic change in WV?

What is supported employment?

• Competitive work in integrated work settings. Services and support provided to people with disabilities that is individualized and aimed at making community employment successful. 

What is respite care?

• Temporary care and supervision of a person with a disability who cannot provide for all of his/her needs. Respite care can be provided by family members, surrogate family homes that are certified by the state or private community respite/child care providers. 

What is an IEP?

• [Individualized Education Program] is a written document which is developed for each eligible student with a disability in accordance with the requirements of the Individuals with Disabilities Education Act (IDEA). IEP teams include the student, parents, regular educator, special educator, qualified local school representative with supervisory authority and other individuals who have knowledge or special expertise regarding the student including speech-language pathologists, occupational and physical therapists.

Do you provide services to people with developmental disabilities?

• No, we are not a service provider. 

How can I become a member of the Council?

• The Council solicits nominations if there are expired terms to be filled. When nominations are being accepted, you can find a copy of the nomination form on our website under About Us. 

Does the Council provide financial assistance to people with disabilities?

• The Council provides a limited number of designated to stipends to groups that coordinate statewide conferences/trainings/etc. that have a focus on developmental disabilities.  These stipends provide some financial assistance to people with developmental disabilities or their family members.  Groups who offer stipends with funds from the WV DD Council are required to advertise the availability of those funds with all conference/workshop/training announcements.  Individuals interested in stipends should work directly with the group organizing the event.

How can I get copies of Council brochures, posters and other publications?

• You can request copies be mailed to you, or you can download our publications in .pdf format from our publications page. 

How can I apply for grant funding through the Council?

• The Council will release a Call for Investments (CFI) when funding is available. The CFIs will be posted on the Grants Information page. 

Do you offer training/workshops?

• Social Role Valorization (SRV)
• Program Analysis of Service Systems (P.A.S.S.)
• Partners in Policymaking 
• Other values-based training

Does the Council offer a support group?

• No 

Can you answer my questions about the MR/DD Waiver Program?

• No, the WV Developmental Disabilities Council does not manage the waiver program. The Bureau for Behavioral Health and Health Facilities (frequently called BHHF), Division for Developmental Disabilities administers that program. 

You may contact BHHF at 304-558-0627 or visit their website at: http://www.wvdhhr.org/bhhf/mrddwaiver/default.asp 

Who can I call about the A/D Waiver?

You can contact:
The West Virginia Bureau of Senior Services
1900 Kanawha Boulevard, East
Holly Grove, Building #10
Charleston , West Virginia 25305-0160
Telephone: (304) 558-3317
Fax: (304) 558-0004 

Who can answer my questions about employment?

• The Job Accommodation Network (JAN) is a free service of the office of Disability and Employment Policy of the US Department of Labor. JAN's mission is to facilitate the employment and retention of workers with disabilities by providing employers, employment providers, people with disabilities, their family members and other interested parties with information on job accommodations, self-employment and small business opportunities and related subjects. JAN's efforts are in support of employment, including self-employment and small business ownership, of people with disabilities. JAN represents the most comprehensive resource for job accommodations available.

JAN
P.O. Box 6080
Morgantown , WV 26505-6080
1-800-526-7234 (V/TTY)
Fax 1-304-293-5407
E-mail jan@jan.icdi.wvu.edu

Web Site www.jan.wvu.edu/portals/individuals.htm

What is the ADA ?

• The Americans with Disabilities Act of 1990 was signed into law by President George Bush Senior on July 26, 1990 ( Public Law 336). The ADA prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, State and local government services, public accommodations, commercial facilities, and transportation. It also mandated the establishment of the TDD/telephone relay services. 

Who can I call with specific questions about the ADA ?

The WV ADA Coordinator is:

Penney Hall
State Capitol Complex
Building 6, Rm B-438
Charleston , WV   25305
Phone: 304-558-3950 ext.248
Fax: 304-558-1852

Email: phall@gwmail.state.wv.us

You can also call:

ADA Information Center for the Mid-Atlantic Region
451 Hungerford Dr, Suite 607
Rockville , MD   20850
Phone: 1-800-949-4232
Fax: 301-217-0754

Email: adainfo@transcen.org 

 

Who can I call to get legal help with a disability issue?

• There are three agencies in the State who handle disability issues.

Appalachian Legal Services 
922 Quarrier St. 4th fl
Charleston , WV   25301
Toll Free: 1-800-834-0598 Fax: 304-345-5934

WV Advocates
1207 Quarrier St. , 4th Fl
Charleston , WV   25301
Toll Free: 800-950-5250
Phone: 304-346-0847
Fax: 304-346-0867

WV EMS Technical Support Network (Medley & Hartley Programs)
4921 Elk River Road
PO Box 100
Elkview , WV   25071-0100
Toll Free: 1-800-525-6324
Phone: 304-965-0578
Fax: 304-965-0542 

What is the Olmstead plan?

• Olmstead (Olmsead V. L.C. 98-536) is a Supreme Court decision that was issued on June 22, 1999 . The Court stated that unjustified institutionalization of people with disabilities is prohibited discrimination under the Americans with Disabilities Act (ADA), including psychiatric hospitals, developmental disability group homes and nursing homes. Title II of the ADA and its implementing regulation require public entities to administer their programs "in the most integrated setting appropriate to the needs of qualified individuals with disabilities," that is, a setting which "enables individuals with disabilities to interact with non-disabled persons to the fullest extent possible." A public entity must modify its program to meet its obligations under the Act. Costs may bear on that determination.

In its ruling, the Court said that institutionalizing a person with a disability who can benefit from living in the community and wishes to do so constitutes discrimination because it severely diminishes the individual's ability to interact with family and friends, work and make a life for him or herself.

The Court suggested that states may demonstrate compliance with the ADA by showing that they have comprehensive and effective plans for placing qualified individuals with disabilities in less restrictive settings and waiting lists that move at a reasonable pace not controlled by the state's endeavors to keep its institutions fully populated. 

How can I get in touch with elected officials?

• You can find all WV elected officials by visiting http://congress.org/congressorg/dbq/officials. 

You can search for Congressional officials or get your local and state representatives by entering your zip code. You can also access the WV Legislative Directory. 

How can I learn more about how to get my voice heard by policymakers?

• The Council offers Partners in Policymaking which familiarizes participants with the policymaking and legislative process at the local, state and federal levels. The program teaches the skills necessary for individuals to become advocates who can influence the system of services for people with developmental disabilities. 

The Fair Shake Network also offers people interested in working with other like-minded people the opportunity to influence policymakers. For more information about the Fair Shake Network, contact 304-766-0061.