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2010 NORTH MISSISSIPPI RURAL LEGAL SERVICES CASE PRIORITIES, LIMITATIONS AND EMERGENCY POLICY |
Consistent with applicable federal regulations, guidelines and restrictions, the Board of Directors adopts the following priorities, case limitations and Emergency policy for the allocation of limited resources to address the most pressing client needs. Acceptance is also contingent on the case having merits; and availability of staff and resources to handle the case. |
CASE TYPE |
POPULATION WITH SPECIAL VULNERABILITIES LIMITATIONS |
1. Elder Law Issues |
Case acceptance for clients aged 60 and over shall not be contingent on income eligibility while concentrating on those with the greatest social and economic need. Elder law cases that do not meet program priority or case acceptance policy will not be accepted unless otherwise stated. |
2. Disabled/Handicapped Issues |
Cases involving the rights of individuals with mental or physical disabilities are a priority as are elder law cases. |
3. Domestic Violence
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Where applicant is a victim of imminent and/or ongoing domestic violence which threatens safety or health. In obtaining divorce or protective orders, defendant’s income shall not be a factor nor shall any divorce restrictions apply. Parties are not required to be separated. |
4. Language Barrier
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No eligible person shall be denied equal access to services because of language barriers. (Programs shall take necessary steps to assure availability of interpreters). |
5. Cultural/Education Barriers
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Programs shall provide sensitivity training on cultural and educational barriers. Assure access to services while considering all other priorities (if necessary, may require outreach). |
6. Conservatorship |
Defend putative wards who are being subjected to conservatorship proceedings, provided the wards have the support of treating physicians. May file under extreme circumstances (Emergency) |
7. Alien Victims of Domestic Abuse and Trafficking |
An otherwise ineligible aliens may receive legal assistance directly related to the prevention of, or obtaining relief from, batter, cruelty, sexual assault or trafficking. |
CASE TYPE |
SUPPORT FOR FAMILY LIMITATIONS |
1. Bankruptcy 7 & 13 |
Shall not be filed for clients who are judgment proof. Chapter 7: The program shall not accept a case for a Chapter 7 bankruptcy unless: a) the applicant’s home is in need of bankruptcy protection to avoid a lien on the home; or b) the applicant’s car is in need of bankruptcy protection to prevent repossession; or c) the applicant has $5000.00 or more in unsecured and past due debts; or d) his/her wages are subject to garnishment; EXCEPTION may be extended to persons 60 plus. Chapter 13: The program shall not accept a case for a Chapter 13 bankruptcy unless: a) It is to stop a foreclosure sale; b) When the applicant’s home needs protection from foreclosure or repossession; c) The applicant’s car needs protection from repossession; or d) In instances when a person cannot legally file a Chapter 7 bankruptcy, and the Chapter 13 Plan is feasible |
2. Replevin |
Will defend where property wrongfully seized by creditors with minimum of 3 working days notice |
3. Credit Collections |
If substantive defense and amount sought exceeds $2500 |
4. Truth-in-Lending
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May handle if: a) Can rescind deeds of trust b) Compulsory counterclaims may be filed c) Canceling contracts |
5. Student Loans
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Cases involving student loan matters will be handled where institution closed or defaulted on its obligations to students. Establishing hardship waiver because of disability |
6. Utilities
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May handle |
7. General Consumer Claims |
The program case handler is encouraged to accept consumer cases that involve patterns or practices of violating state and federal consumer rights laws. Will accept consumer case if the applicant’s home is the subject of foreclosure. |
8. Education Related Matters
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May handle |
9. Employment Related Matters |
Job Discrimination: Refer to Equal Employment Opportunity Commission (EEOC) first then state litigation director for assessment to handle or refer pursuant to LSC regulations.
Public Employment Termination Will handle if substantive defense Wage Claims Refer to Wage and Hour Division of Employment of Labor |
10. Divorces
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Separation period of 6 months Minor children of parties EXCEPTION: 60 plus or disabled. Must have fault ground although it may be filed as Irreconcilable Differences EXCEPTION: 60 plus or disabled as determined by a governmental agency. |
11. Protective Orders |
Will handle |
12. Custody |
Defend modifications, if meritorious where no agreement File if agreement by all parties. In other instances, on cases by case basis |
13. Support |
All cases involving divorce and custody; otherwise refer cases to Department of Human Services (DHS) where there are no court orders or divorce proceedings. |
14. Visitation
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- Child support order exists but order is silent as to visitation - If paternity is established, where father comes in and wants to pay support and obtain visitation. - May handle grandparent visitation consistent with statute. |
15. Adoption
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May handle if meritorious, and minor child has been in applicant’s continuous care for six months. |
16. Annulment |
Pursuant to statute |
17. Separate Maintenance |
- File as part of divorce - Custody and support if party is pregnant BY THE SPOUSE |
18. Emancipation
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Will handle for purposes of housing and employment ONLY |
19. Guardianship
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Will be handled except for trust purposes, and accounting can be waived. |
20. Birth Certificate
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Will be handled for: a) public benefits b) retirement c) identification d) work related purposes |
21. Name Change
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Will be handled for: a) public benefits b) retirement c) identification d) work related purposes |
22. Legitimation
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Provide and/or complete forms |
23. Paternity
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Refer to DHS Initiate to protect economic interest of a minor, pay full cost in advance, and where defendant can be served |
24. Parental Termination Defense
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Will handle if meritorious |
25. Modification (Support Reduction)
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- Cases involving the reduction of court ordered child support shall not be accepted unless the applicant has been rendered disabled by SSA since the court order which has caused a significant loss of income
- Cases solely involving the increase in court ordered child support shall be referred to the Department of Human Services. |
26. Contempt
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Child support, refer to DHS All other issues (with exception of support) will handle if meritorious and handled initially by NMRLS. |
27. Neglect/Abuse
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Will handle if meritorious. |
CASE TYPE |
MAINTAINING ECONOMIC STABILITY LIMITATIONS |
1. Food Stamps |
Will handle through administrative level unless facts indicate likelihood of criminal fraud |
2. Social Security |
Will handle |
3. SSI |
Will handle |
4. Unemployment Compensation |
Will handle |
5. Veteran Benefits |
Refer to VA (Veteran Administration) or MVLP (Mississippi Volunteer Lawyers Project). |
CASE TYPE |
PRESERVING THE HOME LIMITATIONS |
1. Eviction |
May handle if meritorious, except where the person has been charged with or convicted of the illegal sale, distribution, or manufacture of a controlled substance, or possession of a controlled substance with intent to sell or distribute and the eviction is brought by a public housing agency on the basis the illegal drug activity for which the person has been charged or convicted threatens the health or safety of the other tenants or employees of the public housing agency. |
2. Foreclosures |
If appropriate for bankruptcy or loss mitigation |
3. Land Matters |
Will not handle |
4. Fair Housing |
Will handle pursuant to fair housing grant |
5. Housing Counseling |
Will handle pursuant to housing counseling grant |
6. Quitclaim Deeds |
Will prepare |
7. Wills |
Will prepare except those involving complicated estate or trust issues. Will NOT probate |
8. License |
Will file petition to reinstate if (a) meritorious, (b) complete compliance with suspension requirement; and (c) not arising out of any criminal actions. |
CASE TYPE |
SAFETY, STABILITY AND HEALTH LIMITATIONS |
1. Healthcare Related Matters |
Will handle |
2. Medicaid |
Will handle |
3. Medicare |
Will handle |
4. Advance Directives
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Will handle |
5. Power of Attorney
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Will prepare or revoke |
6. Hill-Burton
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Will handle |
7. Nursing Home Bill of Rights Issues
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Will handle |
8. VA |
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CASE TYPE |
ADVICE AND COUNSEL AND REFERRAL LIMITATIONS |
Case handlers may provide counsel, advice, and referral pursuant to the telephone intake procedures on all cases and matters not specifically prohibited by LSC or Congressional rules, policies, regulations and/or restrictions. |
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Revised 21 February 2009 |