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Victims of Crime Act (VOCA) Victim Assistance FundingGROWING CIVIL LEGAL AID'S CAPACITY TO SERVE VICTIMS OF CRIME
SEPTEMBER 18, 2015
Civil Legal Aid as a Partner in Federal Programs• Builds upon the work of the Legal Aid Interagency Roundtable and U.S. Department of Justice Office of
Access to Justice
Improving Capacity: Providing information about federal grant programs• LegalAidResources.org
• Dedicated listservs
• Technical assistance, training and support
– Regional trainings, webinars, resource hub
Increasing Availability and Developing Partnerships• Advocating with government agencies to increase availability and eliminate barriers
• Assisting legal aid programs develop partnerships with key community stakeholders
• Advocating with Congress to expand opportunities for civil legal aid
Civil Legal Aid InitiativeSupported by the Public Welfare and Kresge Foundations
LegalAidResources.org
Helam GebremariamCounsel, U.S. Department of Justice Office for Access to Justice
Reenie TerjakAttorney & Advocacy DirectorColorado Legal Services
Kathrina PetersonAttorney Advisor Detailee, U.S. Department of Justice Office for Victims of Crime
Laura TuggleExecutive DirectorSoutheast Louisiana Legal Services
Meg GarvinExecutive Director & Clinical Professor of LawNational Crime Victim Law Institute
Kelli EvansSenior Director Administration of JusticeOffice of Legal Services, The State Bar of California
Today’s SpeakersNational experts and innovators in legal aid
Helam GebremariamCounsel, U.S. Department of Justice
Office for Access to Justice
Legal Aid Interagency Roundtable (LAIR)
http://www.justice.gov/atj/legal-aid-interagency-roundtable-toolkit
http://www.justice.gov/atj/supporting-federal-efforts http://ovc.ncjrs.gov/vision21/pdfs/Vision21_Report.pdf
http://www.gpo.gov/fdsys/pkg/FR-2013-08-27/pdf/2013-20426.pdf
Additional Resources
Kathrina PetersonAttorney Advisor DetaileeU.S. Department of Justice Office for Victims of Crime
Office for Victims of Crime (OVC)Fiscal Year 2015 Appropriation
Crime Victims Fund:• 2014: $745,000,000 (million)
• 2015: $2,361,000,000 (billion!)
• 2016: ??
Victims of Crime Act (VOCA)
By statute, CVF money is used to support:
– Victim services provided by federal agencies;
– Federal Victim Notification System (VNS);
– VOCA Victim Assistance and Compensation programs;
– Grants and emergency funds to provide services to victims of international and local acts of terrorism, or mass acts of violence within the United States;
– A compensation fund to reimburse victims of international terrorism; and
– Discretionary projects, including trainings and demonstration projects. Victims of Crime Act of 1984 (VOCA), 42 U.S.C. § 10601, et seq. (as amended)
Timing:
– State Administrators have three years plus the year of the award to disburse funds; and
– Sub-recipients have three years plus the year of the award to spend VOCA funds. See VOCA, 42 U.S.C. §10601(e)
Priority and Underserved Populations
VOCA Victim Assistance Administrators must:
• “Certify that priority shall be given to eligible crime victim assistance programs providing assistance to victims of sexual assault, spousal abuse, or child abuse,” and
42 U.S.C. § 10603(a)(2)(A)
• “Certify that funds shall be made available for grants to programs which serve previously underserved populations of victims of crime. The Director shall…issue guidelines to implement this section that provide flexibility to the States in determining the populations of victims of violent crimes that may be underserved in their respective states.”
42 U.S.C. § 10603(a)(2)(B).
Percentages:
• A minimum of ten percent of each Federal Fiscal Year grant must be allocated to each priority area - child abuse, domestic violence, and sexual assault. (Total of 30%)
• A minimum of ten percent of each FFY grant must be allocated to underserved populations, as defined by the VOCA State Administrator. (Additional 10%)
VOCA Victim Assistance Grant Program Guidelines, Sections IV.A.3. and IV.A.4
The Good and the Bad
Vision 21 Final Report:
• Entire chapter dedicated to the need for enhanced legal services for crime victims. Vision 21 Final Report, Chapter 2, “Meeting the Holistic Legal Needs of Crime Victims,”
pp. 9-15; http://ovc.ncjrs.gov/vision21/pdfs/Vision21_Report.pdf
• Entire chapter dedicated to serving crime victims in the digital age. Vision 21 Final Report, Chapter 4, “Serving Crime Victims in the Digital Age,” pp. 25-31
• Entire chapter dedicated to building capacity to serve all victims. Vision 21 Final Report, Chapter 5, “Building Capacity to Serve All Victims,” pp. 33-
37
• Do NOT have to participate in criminal justice process in order to receive legal assistance services supported by VOCA Assistance funding.
CurrentVOCA Victim Assistance Guidelines
Current VOCA Victim Assistance Guidelines – Legal Assistance
• Victim assistance programs can provide emergency legal assistance such as filing restraining orders and obtaining emergency custody/visitation rights when such actions are directly connected to family violence cases and are taken to ensure the health and safety of the victim.
See Final VOCA Victim Assistance Program Guidelines, Section IV.E.1.a.
VOCA Victim Assistance Guidelines: Legal Assistance – OVC’s Interpretation
• Other allowable legal assistance expenses under the current Guidelines include, but are not limited to: (criminal context)
– advocacy on behalf of crime victims during criminal proceedings;
– assistance in recovering and restitution on behalf of crime victims;
– asserting crime victims’ rights in criminal proceedings directly related to the victimization;
– advocacy to protect victims’ safety, privacy, or other interests as a victim in criminal proceedings.
• Additionally, in the civil proceeding context, legal assistance expenses may include legal services that are reasonably needed as a direct result of the victimization, but do not include tort actions, divorce, or criminal defense.
VOCA Victim Assistance Guidelines: OVC Interpretation
• In 2010, after discussion with VOCA Assistance Administrators and stakeholders, OVC reviewed the current program Guidelines and determined that VOCA victim assistance formula funds can support legal clinics, as long as the clinics have a victim focus and the services offered relate to the victimization (and do not include civil restitution efforts or divorces).
See June 7, 2010 listserv message to VOCA Administrators, “VOCA Victim Assistance Formula Funding for Legal Clinics.”
Other Efforts to Support Legal Assistance
• 2012 used VOCA discretionary money to fund five Legal Assistance Networks for crime victims– Also funded NIJ evaluation of 2012 Networks
• 2014 used Vision 21 money to fund four VOCA Victim Assistance Administrators to establish Legal Assistance Networks for crime victims– 2014 funded National Crime Victims Law Institute (NCVLI) to provide training and technical assistance
• In August 2015, emphasized to VOCA Victim Assistance Administrators that providing legal services is a priority for OVC.
• Anticipated changes to the draft New Rule
VOCA Victim Assistance Guidelines: Draft New Rule
Sub-Recipient Allowable, Direct Service Costs:
• Emergency legal assistance such as filing restraining orders or protective orders, and obtaining emergency custody orders and visitation rights. See DRAFT NEW RULE, http://www.gpo.gov/fdsys/pkg/FR-2013-08-27/pdf/2013-20426.pdf, Section 94.117(a)(1)(x)
• Legal assistance. Costs for legal assistance where services are allowable where reasonable and where the need for such services arises as a direct result of the victimization. See DRAFT NEW RULE, Section 94.117(6)
• Legal services (including but not limited to, those provided by pro bono clinics) that help victims assert their rights as victims or protect their safety, privacy, or other interests in a criminal proceeding directly related to the victimization. See DRAFT NEW RULE, Section 94.117(6)(i)
• Civil legal services for victims where the need for such services arises as a direct result of the victimization are allowable. See DRAFT NEW RULE, Section 94.117(6)(ii)
• Examples (list not exhaustive): campus administrative proceedings; family, custody, contract, housing, and dependency matters for victims of intimate partner violence; and immigration assistance for victims of human trafficking and domestic violence. See DRAFT NEW RULE, Section 94.117(6)(i)
• Restrictions - See DRAFT NEW RULE, Sections 94.117(6)(iv)&(v)
VOCA Victim Assistance Guidelines: Elder Abuse
• Extremely important issue for DOJ, OVC, and the White House.
• Misperception that Guidelines do not currently allow for VOCA funds to support services to elderly victims
• Current Guidelines:
– Defined in the previously underserved section of Guidelines, IV.A.4
– VOCA funds can go to Adult Protective Services (APS) to support services provided to victims of elder abuse, IV.C.5
– Emergency, short-term nursing care expenses are allowable, IV.E.1.a
– Support APS contractors who provide direct services to victims of elder abuse, IV.E.1.g
VOCA Victim Assistance Guidelines:Technology
• Victim assistance funds can be used to purchase equipment, which OVC interprets to include technology. See Final VOCA Victim Assistance Program Guidelines, Section IV.E.2.d
• Computers or improved technology may increase a subrecipient’s ability to reach and serve crime victims and may be allowable expenses. See Final VOCA Victim Assistance Program Guidelines, Section IV.E.2.F.
VOCA Victim Assistance Funding:Match
• “OVC expects VOCA Administrators to work closely with your sub-recipients and coalitions to address the match issue and decide whether to submit a request that OVC waive the match requirement in whole or in part.”
Director Frost, Listserv message to VOCA Victim Assistance Administrators, July 24, 2015
Meg GarvinExecutive Director & Clinical Professor of Law
National Crime Victim Law Institute
The National Crime Victim Law Institute (NCVLI) is a nonprofit educational & advocacy
organization based at Lewis & Clark Law School in Portland, Oregon that works to
actively promote balance and fairness in the justice system through crime victim
centered legal advocacy, education, and resource-sharing.
NCVLI has been pairing victims with trained lawyers and providing technical assistance to those lawyers since 2002.
Who is NCVLI?
Train
• In person
• Technology-assisted
Technical Assistance
• Program development
• Legal
National Network
• Create linkages
Document to Duplicate
• Identify promising practices
• Create blueprints
Our Job on this Project
Our Partners10 Networks
(AK, CA, CO, DC, GA, IL,
MN, MT, NY, TX)
ABA Commission on Domestic & Sexual Violence
Coalition to Abolish Slavery &
Trafficking
Maryland Crime Victims Resource
Center, Inc.
National Child Advocacy Center
Tribal Law & Policy Institute
Other Experts OVC, NIJ, ICF You
The Networks’ Process = Needs Assessment and Services: A Feedback Loop
Needs Assessment / Evaluation
Implementation Plan
Increase of Legal Services
Outreach and Engagement
• Collection/return of victim & service provider surveys to understand landscape and set baseline for evaluation
• Sustaining partner buy-in during the build
• Definition of “client” or “victim”
• Varied obligations:• Income eligibility
• Mandatory reporting
• Definition of “legal services”
• Rural services
Common Challenges & Lessons Learned
• Addressing accessibility early
• Navigator model with training
• Creating a network identity
• Being Victim-Centered at every turn
• Thoughtful integration of technology
Emerging Promising Practices
Reenie TerjakAttorney & Advocacy Director
Colorado Legal Services
• Colorado Legal Services (CLS) has received VOCA funds for about
20 years
• Annual VOCA funding is around $130,000
• Funds are administered by Colorado Department of Criminal Justice,
Office for Victims of Crime
Colorado Legal Services
Current federal VOCA regulations limit use of funds for: “emergency legal assistance to victims of crime.”
• Applied differently in every state.
• Hopeful that updated regulations will allow for broader interpretation
Colorado Legal Services
• Portion of attorney salaries to represent DV victims in permanent protection order
hearings
• Portion of paralegal salary to administer pro bono protection order project
– Paralegal completes the advance work (i.e. interviews victims, document preparation, background
checks, copies of any physical evidence) for a pro bono attorney;
– Pro bono attorney then meets the client at court for hearing prep, and then representation at the
hearing.
• This project has been very successful, and hundreds of victims have been
represented in this manner.
Use of VOCA Funds by CLS:
• Two different studies have been funded to identify gaps in legal services for victims
in CO
– One study through the Colorado Bar Association focused on the entire state of Colorado
– One study through US OVW, as part of a “Wraparound Victim Legal Assistance Network Demonstration Project,” focused on the Denver metropolitan area
• Use of research partner to conduct robust research (surveys and focus groups)
• Both studies found three clear takeaways:
– Victims do not understand the legal landscape
– Victims do not know how to access legal services
– There are not enough legal services available
Gaps in Legal Services for Victims
• As a result of the increased VOCA funds, the CO state administrator conducted a Needs Assessment; civil legal services were identified as a major need for crime victims.
• A statewide Steering Committee has been formed, of which CLS is a member.
• Goal: Work collaboratively on an implementation plan for the use of the funds to address overwhelming need for civil legal services.
Ongoing Project in Colorado…
Laura TuggleExecutive Director
Southeast Louisiana Legal Services
Southeast Louisiana Legal Services (SLLS) not a current VOCA grantee
• But have strong partnerships with d.v. agencies who get VOCA $$
Found out who to contact for different districts & what words to use/not use• Expanding civil legal services to victims• Through direct services• Advocate– They like it better than attorney• Not supplanting• Nonprofit with ability to track outcomes & time spent• State VOCA Reports Online- check gaps • Working with State Bar Association on letter to VOCA Administrators about expanding role of Civil
Legal Aid
Southeast Louisiana Legal Services
• There is a 20% overall budget match (cash/in-kind)
• Convoluted process w/ local criminal justice committees recommending projects to be later approved by the State
SLLS Projects Pending :• $100,000 for 2 Parishes- Protective orders, custody cases, help with crime victim reparation claims, &
Know Your Rights trainings for d.v. & sexual assault victims (Approved at Local Level)
• $100,000 for Rural Parish – Protective orders, custody, crime victim reparation claim help. Expanding services to bilingual population. (Approved at Local Level)
• $ 40,000 for Orleans Parish – Civil Legal Advocacy for Sexual Assualt/D.V. victims. Next year planning an Elder Abuse Project
Southeast Louisiana Legal Services
For More Information:• http://portal.hud.gov/hudportal/HUD?src=/program_offices/comm_planning/communitydevelopmen
t/programs
See also Lair Toolkit case study:
• Civil Legal Aid Supports Federal Efforts to Help People Exit Homelessness and Stay Housed
• http://www.justice.gov/atj/legalaid/homelessness-and-housing-case-study.pdf
Southeast Louisiana Legal Services
Kelli EvansSenior Director Administration of Justice
Office of Legal Services, The State Bar of California
“We are writing to provide you with additional information about how civil legal aid
organizations can help OES better serve victims of crime and fill a critical gap in the
current funding of victim services in the State.”
Communications from State Bar, Legal Aid Association of California,
and Access Commission to VOCA Administrator
• OVC recognizes lack of free legal services for crime victims as a significant gap in California (Vision 21 Report);
• Discuss why civil legal assistance should be prioritized for funding: studies show that legal assistance provides crime victims with real alternatives;
• Reminder that OVC traditionally has allowed legal advocacy to be funded by VOCA; new proposed rule clarifies that the legal assistance can be expansive;
• Highlight other states (e.g., TX, TN, CO, UT, IL, NC, GA, MD, WI, etc.) that provide funding to legal aid; and
• Expertise and expansive reach of legal aid in state, including in rural areas.
Points Highlighted
US DOJ DOMESTIC VIOLENCE FACT SHEET
CALIFORNIA DOMESTIC VIOLENCE FACT SHEET
Q & A Session
Presenters
Helam GebremariamCounsel, U.S. Department of Justice Office for Access to [email protected]
Reenie TerjakAttorney & Advocacy DirectorColorado Legal [email protected]
Kathrina PetersonAttorney Advisor Detailee, U.S. Department of Justice Office for Victims of [email protected]
Laura TuggleExecutive DirectorSoutheast Louisiana Legal [email protected]
Meg GarvinExecutive Director & Clinical Professor of LawNational Crime Victim Law [email protected]
Kelli EvansSenior Director Administration of JusticeOffice of Legal Services, The State Bar of [email protected]
• LAIR Toolkit: www.justice.gov/atj/legal-aid-interagency-roundtable-toolkit
How Civil Legal Aid Supports Federal Efforts to Help:
– Prevent Domestic Violence:
http://www.justice.gov/sites/default/files/atj/legacy/2014/04/16/domestic-violence-case-study.pdf
– Protect Consumers: www.justice.gov/atj/file/450681/download
– Prevent Elder Abuse:
www.justice.gov/sites/default/files/atj/pages/attachments/2015/04/13/elder_abuse.pdf
• OVC Proposed VOCA Rule: www.federalregister.gov
• DOJ OVC’s Vision 21: Transforming Victim Services Report: ovc.ncjrs.gov/vision21
Resources
• NCVLI’s Victim Law Library (publications on victim law & “how to” litigate it): law.lclark.edu/centers/national_crime_victim_law_institute/professional_resources/ncvli_library
• NCLVI’s Victims’ Rights Enforcement Toolkit (sample pleadings, how-to videos, etc.): law.lclark.edu/centers/national_crime_victim_law_institute/projects/violence_against_women/toolkit_reso
urce.php
• Supporting Survivors, The Economic Benefits of Providing Civil Legal Assistance to Survivors of Domestic Violence: policyintegrity.org/publications/detail/supporting-survivors
• LawHelp Interactive:
– Mirenda Meghelli: [email protected] │ Claudia Johnson: [email protected]
• NLADA: NLADA.org │ LegalAidResources.org
– Radhika Singh Miller: [email protected] │ Arielle Altman: [email protected]
Resources
Thank you!
