Grant Year: 2010 Site Visit Evaluation Report

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1 Grant Year: 2010 Site Visit Evaluation Report Agency: AIDS Resource Center of Wisconsin: Legal Services Program (ARCW; LSP) Location: Milwaukee, WI Date of Visit: April 27, 2011 Participants: Will Janisch (Director of Development ARCW), Rebekah Kopec-Farrell (Director of Legal Services ARCW), Nick Zales (WisTAF Board member), De Ette Tomlinson (WisTAF Executive Director) New Grantee/First Site Visit: Yes X_ No Section I: General Grantee Information County(ies) served/statewide: Agency serves 4/5 of the state, excluding South-Central Wisconsin. In 2010, ARCW provided legal services to clients in Adams, Ashland, Barron, Brown, Chippewa, Clark, Dane, Door, Douglas, Dunn, Eau Claire, Fond du Lac, Kenosha, La Crosse, Manitowoc, Marathon, Marinette, Marquette, Milwaukee, Oconto, Oneida, Outagamie, Pierce, Polk, Portage, Racine, Rusk, Sawyer, Shawano, Sheboygan, Vernon, Walworth, Washburn, Washington, Waukesha, and Winnebago counties. Description of Agency: ARCW is an HIV+/AIDS medical center providing holistic services to all clients, including health, dental, housing, food pantry, legal services, mental health services, etc. Agency's mission/purpose: Dedicated to providing quality medical, dental, mental health and social services for all people with HIV. Client Demographics: ARCW LSP serves HIV positive, indigent clients who reside in the state of Wisconsin. 59% of LSP clients have incomes 125% below the federal poverty standard. Approximately 66% of ARCW's legal services clients reside in the greater Milwaukee area but it has clients in nearly every other county of the state within their service area. ARCW staff attorneys travel to regional offices in Kenosha, Appleton, Eau Claire, Wausau, La Crosse, Superior, Manitowoc and Green Bay to meet personally with clients and provide legal representation. Approximately 30% of clients receive permanent medical disability benefits. ARCW LSP does not collect demographic information for limited services clients, but does for extended services. If an individual calls that would otherwise be eligible for legal services, but either has a legal matter that LSP does not handle or requires only brief consultation or referral information, ARCW considers this a brief service. Information gathered about brief services includes the caller's name, inquiry and region of the state in which they reside. 825 Williamson St., Suite A Madison, WI phone: toll-free: fax: service@wistaf.org

2 All of the following demographic information reflects the number of clients served by LSP IOLTA/PILSF grant(s) in Age: Under years and older 6 Unknown 3 Race/Ethnicity: White 145 Hispanic 15 African American 87 Other (non-hmong) Asian 2 American Indian 5 Other race 4 Gender: Male 189 Female 67 Transgendered 2 Incomes: Equal or Below 125% % % % or Greater 18 Unknown 5 Governance: 15 member board representing a cross-section of Wisconsin's business, philanthropic and cultural leaders. One of the members is the CEO/President, who is a non-voting board member. Per ARCW bylaws, one member must be HIV+. The board's function is to make policy and provide fiscal oversight. Committees handle business between meetings, which are held quarterly. New board members are determined by a Nominations Committee and presented to the full board for approval. Administration: The director of legal services reports to the VP of Social Services, who reports to the Board and the CEO. The staff attorney and interns report to the director of legal services. Attorney/client confidentiality is managed through the legal services' file system /database that are separate from client file/database records kept by other service programs in the organization. Clients are often referred to the legal services department by other ARCW client services staff (intake workers, medical workers, social workers, etc.), and with client permission, information relating to a client's legal issues may be confidentially discussed with non-legal services staff members in cases where the legal issues may impact other service issues faced by the client. Number of Attorneys: 2 Number of Paralegals: 0 AIDS Resource Center of Wisconsin 4/27/11 visit p. 2

3 Number of legal interns, loaned associates, etc.: 2 Marquette Law School interns each semester (volunteers who receive school credit), sometimes a volunteer Marquette undergrad in the summer or a volunteer Marquette Law School intern. LSP occasionally offers a summer fellowship opportunity. Services provided: ARCW attorneys handle primarily social security disability appeals, estate planning, power of attorney, advanced health care directives, bankruptcy and consumer issues, HIV discrimination cases, landlord/tenant issues, domestic violence restraining orders, family law issues, and specific needs of the Hispanic population including immigration issues and public benefits assistance. Will do home visits for estate planning if needed. How agency determines need: Legal needs trends/types of services offered are primarily determined by problems presented by clients. List agency's system(s)/procedure(s) for guaranteeing quality client services (client complaint policy, client satisfaction surveys, etc.): Annually, clients are asked to complete a survey regarding their experience with LSP and are given the opportunity to provide any comments. At intake, clients are also informed about the agency's grievance policy and the rights they have as clients of ARCW. LSP assesses the quality of the case outcome based on the type of case. If it is a social security, bankruptcy, or another matter that is heard in court, LSP looks at whether the decision was fair and favorable to the LSP client. Additionally, ARCW tracks all financial rewards clients have been awarded during the year. With many cases, LSP internally assesses the quality of work by discussing caseload, work product, and outcomes among the staff attorney and director. The client satisfaction goal is 85% or better. Funding Sources: LSP receives federal, state, foundation, United Way, and bar association funding in addition to its WisTAF grant(s). Legal services funding shortfalls are supported through event income and private donations if needed. Fee for Services: LSP does not charge fees for services to clients at or below 125% of the federal poverty level. Agency's Use of Pro Bono Attorneys/Services: 4 volunteer attorneys pro bono panel in development 3 of 4 current attorneys on panel were interns at ARCW. Each attorney handles about one case at any given time, and takes cases that are long-term or may take up a large amount of attorney time Grant Year Income: $152,558 (legal services only) Agency-wide income: $13,032, Grant Year Expenses: $152,558 (legal services only) Agency-wide expenses: $12,610,720 Are the most recent copies of required documents on file? _X Yes No If no, what documents are missing? N/A Section II: Changes from Previous Year Were there issues from the last site visit that needed to be addressed in this site visit? Yes X_ No If yes, briefly describe what the issues were and how they've been addressed: N/A AIDS Resource Center of Wisconsin 4/27/11 visit p. 3

4 Briefly describe any administrative changes: Turnover in the staff attorney position; transition went smoothly with no interruption of services. Briefly describe any changes to the program/services provided: None. Briefly describe any service area changes: None. Briefly describe any significant funding changes: None. Receives support from the American College of Bankruptcy. Didn't request 2011 Jane Pettit funding in January 2011, but they plan to pursue it in May. Briefly describe new unmet needs/trends identified: In 2010, there was an increase in requests for assistance with consumer matters such as collections, garnishments, small claims judgments, bankruptcy and Chapter 128. Grant(s) Under Review: Section III: WisTAF Grant Funding & Its Use Public Interest Legal Services Fund: $12,000 Grant was used for (general legal services, specific project(s), etc.): general legal services (see description above under Section I "Services Provided") Number of clients served: 390 clients received direct representation Was projected education/advocacy/service outcome met? X_ Yes No By December 1, 2010, LSP will provide free legal representation and consultation to 795 individuals living with HIV in the state, including the direct representation of 430 clients, of whom 66% are below 125% of the federal poverty standard. Overall client satisfaction of the legal services should be greater than 85%. Was projected administrative outcome met? X_ Yes No By December 31, 2010, ARCW will purchase a fourth Abacus license that would allow all LSP staff to utilize the database at the same time. Currently, only three staff members (two staff attorneys and one intern) can be logged into Abacus at any given time, leaving one intern unable to log on. ARCW plans on training all legal interns on how to screen clients and identify their legal and other any needs and then transfer that information to Abacus. How much (if any) of this grant was carried over into the current year? $ State Appropriation Grant (this is a mid-year check-in): $17,600 Grant is being used for (general legal services, specific project(s), etc.): general civil legal services (see description above, Section I "Services Provided") Number of clients served (as of mid-year report): 37 Additional Funds Leveraged by WisTAF Grants, if any (please list): Jane Bradley Pettit Foundation grant $15,000 American College of Bankruptcy $ 2,336 AIDS Resource Center of Wisconsin 4/27/11 visit p. 4

5 The spring 2011 biannual Giving for Life campaign made an appeal specifically for LSP to its Friends donors (Donors who contribute $500 or less in a calendar year). Partnerships/Cooperative Efforts: Referrals to Legal Aid Society of Milwaukee, Legal Action of Wisconsin and Wisconsin Judicare for matters that LSP is not able to handle directly. Significant Accomplishments: In 2010, LSP had an important resolution in a discrimination case by a health care provider. LSP along with Lambda Legal represented a woman with HIV from Kenosha who also was suffering from gallbladder disease and needed to have her gallbladder removed. She was referred to a surgeon who refused to perform the surgery due to his unfounded fears regarding the transmission of HIV. The U.S. District Court for the Eastern District of Wisconsin rejected the argument of the defense that the woman lacked evidence to prove her discrimination claim. Prior to proceeding to trial, the case was resolved to the satisfaction of the LSP client. LSP also successfully filed its first Chapter 128 in 2010, helping a client reduce debts without having to go into bankruptcy. Significant Challenges: Statewide legal services provided by two attorneys based in Milwaukee who travel amongst satellite offices across the state to meet with and/or represent clients. Section IV: WisTAF Reviewer Determination(s) 1. Were the grant objectives identified in the grant application accomplished? _X_ Yes No Comments (if any): The ARCW is using its grant money to provide significant primary and secondary legal services to its clientele in the areas of relevant to those affected by HIV. Some of the significant legal services they provide relate to discrimination against those with the HIV virus in the areas of Social Security Disability, estate planning, discrimination and confidentiality and related health and employment issues unique to these individuals. 2. Please note your thoughts/assessments about the appropriateness of the use of the grant(s) made, the effectiveness/need for the program(s) for which the grantee received funding, information learned that particularly impressed you, etc. My overall impression of the ARCW is that it is a first-class organization fulfilling a need that many people would find distasteful because of their personal feelings about those who are HIV positive. The ARCW facilities are excellent. Bright, modern, tasteful and easy to access. It is a pleasant and professional environment that helps make the issues its clients are faced with easier to take. Given the depressing nature of this disease, these facilities are a place that is welcoming and encourages positive thoughts to all who utilize the ARCW s services. The ARCW s Director of Development, Will Janisch, is a highly professional, personable and competent leader. The ARCW s attorneys, Director Rebekah Kopec-Farrell and staff counsel Erin Manian, are highly competent attorneys who well serve the ARCW s clients. 3. Please list issues/concerns to be addressed at the next site visit for this grantee (if any): AIDS Resource Center of Wisconsin 4/27/11 visit p. 5

6 Review the number of clients and types of legal services being provided; review the outcomes the ARCW achieves for its clients. 4. Would you recommend that this grantee be eligible for future WisTAF grants? X_ Yes No Comments: Given the number and wide-spread geographic location of the clients served, and accounting for their special legal needs unique to their medical problems, I would recommend the ARCW be eligible for future grants and that the amounts granted be increased in the future. Submitted by: De Ette Tomlinson Date: April 27, 2011 Reviewed by WisTAF Board member: Nicholas C. Zales Date: April 28, 2011 Reviewed by ARCW representative: Will Janisch Date: May 3, 2011 AIDS Resource Center of Wisconsin 4/27/11 visit p. 6

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