From Law Foundation of Silicon Valley <[email protected]>
Subject Justice in Health Care | News from the Law Foundation
Date October 10, 2019 10:46 PM
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Newsletter [[link removed]]
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The Headlines
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In honor of World Mental Health Day [[link removed]]
and Mental Illness Awareness Week [[link removed]],
this month we're spotlighting our Health program. Our attorneys and advocates represent
patients at psychiatric hospitals and inpatient facilities in over 4,000 hearings
each year. By representing patients, we ensure that their legal rights and dignity
are respected. Our Health program also works with people living with mental and
physical health disabilities when they've been discriminated against or denied access
to the employment benefits, health insurance, or other assistance they need for
basic necessities like food, medicine, and housing.
Access to Basic Needs
Everyone deserves access to basic necessities for their well-being. Tuan* came to
the Law Foundation for help with his appeal for disability-based Supplemental Security
Income (SSI) to cover basic living expenses. Tuan had experienced severe trauma
and was incarcerated for much of his adult life. We helped arrange neuropsychological
testing to show the degree of his cognitive impairments. Our attorney helped him
navigate the complicated Social Security system and rules. Although Tuan's immigration
status made him ineligible for SSI, he qualified for California's Cash Assistance
for Immigrants (CAPI) program, which provides support to certain legal noncitizens
who are seniors or live with a disability. We assisted Tuan with applying for CAPI,
including the neuropsychological testing report from Valley Homeless HealthCare
Program. With our help, his application was approved. He is now receiving an ongoing
monthly support of $675 and he also received $1,325 in backpay.
*Name has been changed.

Give for Justice_ [[link removed]]
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Public Change Rule Threatens Immigrant Families
At the Law Foundation, we believe access to food, medicine, and other basic needs
are critical to maintaining the well-being of our community. The Department of Homeland
Security's finalized
"public charge" [[link removed]]
undermines our vision for healthier, more stable families. This rule is used by
immigration officials to decide whether a person can enter the U.S. or get a green
card. With the new changes, the government will heavily consider factors like health,
age, income, skills (including English language skills) and use of public programs
such as Medicaid or Supplemental Nutrition Assistance Program, formerly known as
food stamps. Families of color, who disproportionately experience poverty, will
be impacted most. This means families, like our clients, are choosing to go without
these basic necessities because of the threat that it will impact their immigration
status.

In August, Santa Clara County, along with the City and County of San Francisco,
filed a lawsuit challenging the new rule. We're proud that our county is fighting
this racially-motivated "wealth test" that discriminates against immigrants and
their families based on income. The finalized rule will take effect on October 15.
Click here [[link removed]]
to learn more about the impacts to immigrants and families. Read more. [[link removed]]

Senior Attorney Kelly Rodriguez

Dignity and Respect for All People
As a Patients' Rights Advocate and Senior Attorney, Kelly Rodriguez ensures patients
held on involuntary holds in psychiatric facilities has access to justice. She is
part of the Patients' Rights Unit of the Law Foundation, which is designated to
represent these patients in Santa Clara County. When patients are on 14-day holds,
are hospitalized against their will, or medicated without their consent, attorneys
like Kelly ensure that patients are respected and treated with dignity. Patients
have the legal right to request a hearing to refuse medication or their hospitalization.

Kelly was instrumental in establishing county policy and procedures to protect minor's
consent rights regarding medication. This is just one example of how our advocacy
and work makes long-term changes in the mental health care system. She leads our
outreach efforts in the minor's unit at San Jose Behavioral Health (SJBH) hospital,
advises minors of the rights, and assists patients and families with their concerns.
Kelly also worked closely with SJBH hospital when it first opened its doors in 2016
and provided training, intensive monitoring, and technical assistance to protect
patients' due process rights.

"The most fulfilling part of my job is seeing our clients overcome hardships and
move on from a traumatic situation of being hospitalized against their will and
possibly having a mental health crisis to seeing them resume their lives, get married,
have kids, get jobs, and reintegrate into society," Kelly said.

Buy Tickets to LACY Honors [[link removed]]

Join Us for Lunch at LACY Honors 2019
October 25, 2019 | 11:15 AM | BUY TICKETS [[link removed]]
Join more than 300 business, legal, and community leaders and show your support
for the Law Foundation's Children & Youth program, which provides free legal services
to children and youth facing serious issues like physical and sexual abuse, entry
into the foster care system, and homelessness.
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In Case You Missed It
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Best Practices for Representing Clients with Mental Health Disabilities
Law Foundation attorney Becky Moskowitz presented last month at a national conference
hosted by the National Organization of Social Security Claimants' Representatives
[[link removed]],
a specialized bar association for attorneys who represent Social Security Disability
Insurance and Supplemental Security Income clients. She presented on the ethics
and best practices for working with clients living with mental health disabilities.
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Protecting Foster Youth's Financial Future - An Advocate's Guide
Law Foundation attorney Elizabeth Wells and Pro Bono Specialist Felisa Ihly published
an article with the National Association of Counsel for Children [[link removed]]
about how foster youth are impacted by identity theft.

"Identity theft is a widespread crime that does not discriminate. It even impacts
children. In fact, children in general are estimated to be 35 times more likely
to be victims of identity theft than adults. Foster youth are even more vulnerable
to identity theft because of their involvement in the juvenile dependency system."
Read more. [[link removed]]
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Anti-Displacement Study Session & Upcoming Housing Rights Workshops
Directing Attorney Nadia Aziz spoke on a panel at San Jose's Anti-Displacement Study
Session at City Hall. Read the media coverage here [[link removed]]
and here. [[link removed]]
Plus, our Housing program is hosting ongoing workshops in Gilroy [[link removed]]
and San Jose [[link removed]]
to inform community members about their legal rights and answer questions. It's
critical that we reach residents in their own neighborhoods to increase access to
justice.
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Celebrating 30 Years of the Ryan White CARE Act
Thank you to everyone who joined our celebration of the 30th year of the Ryan White
CARE Act. Special thank you to Ryan White's mother, Jeanne White-Ginder, for discussing
her experience at the very beginning of the HIV epidemic, and her and Ryan's roles
in the passage of the Ryan White CARE Act. Thank you to The Health Trust for sponsoring
this event! Photos & Read more. [[link removed]]
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Pro Bono Spotlight
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Name and Gender Marker Document Change Clinic
Identity documents are an important part of daily life-working, voting, traveling,
accessing government institutions, and proving who you are. It's important to have
identity documents [[link removed]]
that include a legal name and gender marker that accurately reflects your gender
identity. For members of the transgender community, having an ID that reflects
gender presentation is especially helpful when gender is questioned by the government
or businesses, or when activities are sex-segregated.
The process of updating identity can be confusing and overwhelming. To meet this
community need, the Law Foundation held a Gender Marker and Name Change pro bono
clinic on September 10. Volunteers from Cooley, DLA Piper, Morgan Lewis, Latham
& Watkins, Kirkland & Ellis, and LinkedIn interviewed and assisted 14 clients seeking
to obtain court-ordered name and gender marker changes.
After receiving MCLE training from Law Foundation attorney, Becky Moskowitz, and
the Santa Clara County Office of LGBTQ Affairs, the pro bono volunteers helped
clients fill out forms to petition the court for a name and gender marker change.
Most clients also requested court fee waivers. The volunteers then discussed options
with clients about changing name and gender markers on driver's licenses, passports,
Social Security cards, and other government-issued IDs, which clients can do after
they receive the court order. The Law Foundation filed the documents at Court the
following day.
The clients were initially nervous when they arrived at the clinic. As they were
introduced to the volunteers and received assistance, they were visibly happy to
have this critical step in their transition completed. The clinic was such a success
that we're hosting another one in November!

Donate Now [[link removed]]
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Donor Advised Funds
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Support the Law Foundation through your DAF (Donor Advised Fund)
A Donor Advised Fund, or DAF, is like a personal charitable investment account.
A DAF allows investors to create a fund at a public charity, like Fidelity Charitable,
Schwab Charitable, or the Silicon Valley Community Foundation. The gifts are generally
immediately tax deductible, invested for long-term growth, and then used to recommend
grants to qualified nonprofits, like the Law Foundation of Silicon Valley.
Recently, the Law Foundation was highlighted in the launch of the Silicon Valley
Give List, a curated and vetted list of effective nonprofits addressing pressing
community issues. This list is a unique partnership between Magnify Community, Fidelity
Charitable, and the Sobrato Family Foundation and promotes giving accounts through
Fidelity Charitable, such as Donor Advised Funds. We are honored and excited to
be part of this list.
Please contact Kelley Stupfel Conway, Director of Development at [email protected]
[mailto:[email protected]] or (408) 280-2433 if you need more information
about supporting the Law Foundation by making a gift from your DAF, transferring
stock, estate or legacy gifts, or other support.
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Thank You 2019 Platinum Partners!
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Law Foundation of Silicon Valley | 4 North Second Street | Suite 1300 | San Jose | CA | 95113
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