1. Self-Direction of Advocacy Services All persons are presumed competent to request advocacy and/or legal services from DRNC and able to direct the provision of those services. People with disabilities are entitled to speak in their own behalf and to direct their own advocacy, and will be encouraged and supported to do so.
   • It is recognized that in some cases, due to the nature of the disability, individuals with disabilities may be unable to request services or understand the implications or consequences of advocacy activities and, as a consequence, be unable to participate in a knowing manner in such activities. If an individual with a disability cannot express his/her preferences or direct his/her own advocacy the staff member will make independent inquiry and recommend to the Director of Legal Services the action that DRNC should take on the individual's behalf, including the advisability of selecting a substitute decision-maker or consulting other involved professionals. Any such determinations/ recommendations must be documented in the file.
     
2. Once a case has been accepted, staff will advocate for the expressed wishes of the client, regardless of the beliefs of staff, professional service providers, family members or guardians (see below for case acceptance criteria where a guardian is involved), even if all concur that such advocacy may result in harm to the client or others. Staff will not substitute their or other professional judgment for that of the client with regard to the desired outcome of the case. The only exceptions to this principle are that DRNC will not represent a client when she or he has expressed a clear and immediate intent to break the law if our advocacy is successful. Finally, DRNC will not represent a client in a manner which violates the Rules of Professional Conduct.
3. Clients will not, however, dictate the exact advocacy steps DRNC staff take. Those will be determined by the attorney/advocate, in consultation with the client. The staff's conduct will be governed by the North Carolina Rules of Professional Conduct and the policies and procedures of the agency. If the client and attorney/advocate cannot agree on the case strategy, and internal appeal is unsuccessful, the client should be advised to seek alternate legal/advocacy services and DRNC will withdraw from the case. If court permission is required to withdraw, such permission will be sought
4. Individuals with disabilities are entitled to direct their own advocacy, limited only by DRNC administrative policies adopted to provide effective and reasonable use of DRNC staff time and resources. It is recognized that in some cases, due to the nature of the disability, individuals with disabilities may be unable to understand the implications or consequences of DRNC advocacy activities, and as a consequence is unable to participate in a knowing manner in directing such activities.
5. Where a DRNC attorney or advocate believes that a client is unable to direct his or her own advocacy, the attorney or advocate, in consultation with the Director of Legal Services, will select a substitute decision maker to in affect "stand in the shoes" of the client. A substitute decision maker will be limited to persons with legal standing to make decisions on behalf of the client, such as the parents when the client is in their legal custody, or the legal guardian.
6. Where no one has legal standing to make decisions on behalf of the client, DRNC will only take directions from the individual with the disability; however, DRNC may consult with clinicians, professionals and others who are familiar and knowledgeable regarding the client to assist in interpreting the directions and positions of the client.
7. If a request for advocacy services is made to DRNC on behalf of an eligible individual with a disability by someone other than a person having legal standing to make decisions for the client, e.g., parents, guardians, or agents, the Intake Specialist who received the request will request that the individual with the disability make the request personally and/or contact the individual with a disability directly. If it is not practical for the individual with the disability to make a request for assistance or for DRNC staff to contact the individual with a disability directly, the Director of Legal Services will make an independent inquiry and determine the action DRNC should take on the individual's behalf.
8. Clients Who Are Minors Or Who Have Guardians. When a client is a minor or has a guardian, DRNC may represent the client as follows:
   • In situations where the client initially requested DRNC's assistance, staff will call the parent or guardian, explain the client's expressed goal, the violation of the client's basic liberty interest, or the suspected abuse or neglect and request permission for staff to represent the client. If permission is given, DRNC may represent the client in any case within its priorities.
   • If the parent or guardian object to DRNC's representation and the case is one in which staff may proceed under the P&A authority to investigate abuse or neglect, the attorney/advocate should so inform the parent or guardian. If the parent or guardian fails or refuses to act, DRNC employees have the authority to obtain the medical records and proceed with the investigation.
   • Finally, if the above is unsuccessful and the case meets our priorities for challenging a guardianship, DRNC may seek removal of the guardianship. Staff must have an indication that the client wants the guardian removed or changed, and removal or change must be supported by professional judgment. This step requires prior approval of the Director of Legal Services.
   • The parent or legal guardian must request assistance through the prescribed intake procedure.
     
9. Persons who refuse representation:
   • DRNC will not provide advocacy or legal representation for any person who refuse our assistance, except that in cases of abuse or neglect. In those situations, DRNC may file a complaint of abuse or neglect as permitted or required by law.
     
10. Conflicts when two persons eligible. DRNC will generally not represent a person with a disability in an action against another person with a disability who would also be eligible for our services in the same action and who is requesting services; is a prior client of DRNC; or is likely to request services in the foreseeable future. It is possible in some circumstances for such conflicts to be effectively waived but it is unlikely. The Director of Legal Services can approve representation where there are known and valid reasons to grant a waiver. In cases where the conduct of one person with a disability adversely affects another, our preferred mode of operation will be to address the issue as a systemic problem and seek a remedy from the service provider. DRNC will attempt to ensure that other affected people with disabilities are represented by counsel as necessary.
    

Staff will use interpreters, augmentative communications devices, and any other means to ensure accurate and complete communications with clients and/or potential clients.

1. General policy:

It is the policy of DRNC to keep confidential all information obtained in the course of providing services to clients. Confidential information means information transmitted between a client, or potential client, and DRNC in the course of any attorney/advocate - client interaction and in confidence by a means which, so far as the client is aware or expects, discloses the information to no third persons other than that necessary for communication of information to DRNC, or who individuals associated with DRNC, or otherwise to further the interests of the client or potential client.

Such a communication is not deemed lacking in confidentiality solely because it is transmitted by facsimile, cellular telephone or other electronic means. It includes all information contained in case records, as well as personally identifiable information contained in DRNC's database.

BE AWARE that the privilege to protect confidential information may be waived by having third parties present during attorney-client or advocate-client conversations. Please seek advice from the Director of Legal Services in such situations.

2. Confidential information includes:

• personal identifying information, including, but not limited to, name, address, social security number, audio or visual recordings, photographs, or similar materials or information of either the client or a member of his/her family, by which the identity of a client can be determined directly or by reference to other publicly available information;
• all information contained in case records;
• information transmitted to DRNC by the client for the purpose for which DRNC has been requested to provide services;
• legal opinions formed and the advice given by DRNC;
• records and/or data obtained by DRNC in the course of its investigation, including but not limited to: medical and treatment records, psychiatric records, law enforcement records, police reports, assessments and evaluations; and
• the fact that someone is or has been our client or has asked us for representation.

3. Holder of the Privilege

The client is the holder of the privilege of confidentiality in all cases except as otherwise provided by law.

4. Access to records

• Staff of DRNC will be provided with information about clients as needed to perform job responsibilities. Staff may not share confidential information with those not employed by DRNC unless access is permitted by client consent or under another provision herein.
• Clients, and individuals identified as substitute decision makers, will be provided with access to confidential information unless access is otherwise prohibited by law. Attorney work product will not be released without the approval of the attorney.
• c. Confidential information may be released to individuals hired by DRNC to perform an assessment, provide expert testimony/opinions, or represent the client, at the discretion of DRNC but only when the client has signed a retainer agreement or received a letter of representation from DRNC informing the client of DRNC's right to share such information with such persons in furtherance of the client's interests.
• Information will be released to individuals or organizations not identified in paragraph (c) above only after the client, or individual having legal rights to make such decisions for the client, signs an authorization permitting the release of records.
• Records will be released to a court upon service of a valid subpoena provided that, after being advised of service of the subpoena and advised of any privileges which may apply, the client or DRNC does not wish to assert a privilege, and provided that the release is not otherwise prohibited by law.
• Information will be shared with government grant oversight and audit officials only to the extent necessary to verify program compliance and only accompanied by adequate safeguards that the officials will not disclose the information to third parties.
• When DRNC receives client confidential information solely pursuant to our access authority under federal or state law, staff will not share such client confidential information with anyone other than the client or the client's guardian as appropriate. Staff should consult with the Director of Legal Services before releasing such records.
• Volunteers and interns will be held to the same standards as staff regarding the preservation of client confidentiality, and will sign a statement that they understand and agree to uphold these requirements. Volunteers and interns will only have access to such client confidential information as is necessary for them to perform their duties.
• Inquiries from the press concerning a case will be directed to the Director of Legal Services, who may in turn authorize a discussion of the non-confidential aspects of the case with the press, to the extent permitted by law.

1. General Policy - Client's right to hire DRNC

If a potential client is able to indicate that our representation is desired, (whether or not able to express the exact goal of the representation), DRNC may represent the client consistent with case selection criteria and protocols. Any verbal or nonverbal indication that the client wants assistance with his/her legal issue may serve as consent to our representation.

For example, a client's response of "yes" (which could be a nod, a blink, or other communication that means "yes" to the client) to questions would be sufficient to give DRNC consent to represent the client. More detailed questioning may be necessary to determine the client's goals for representation, but the client need not be able to express in detail what he wants. For example, a client may indicate that she wishes to complain about being hurt, even though not able to understand that the course of action DRNC would take is a lawsuit for damages and injunctive relief.

Legally competent clients can consent to representation by written or verbal authorization, in all but emergency situations, or when pursuant to Court appointment. Staff may not provide case level services unless the client, guardian or next friend has signed the appropriate retainer agreement.

2. DRNC intervention without client request in cases of probable cause to suspect abuse or neglect or violation of rights:

An affirmative indication of consent from the client for our representation is unnecessary if the case involves abuse or neglect, the violation of basic liberty interests, or representing the client pursuant to some regulatory or other administrative process right to counsel. However, DRNC will not represent a client over his objections. Moreover, if litigation is required, DRNC must have some authority to represent the client, i.e., either the P&A authority or appointment as a guardian ad litem or next friend. In these cases, DRNC will advocate for the legal rights of the client.

3. Determining clients' wishes without legal consent

When DRNC is representing an individual or group of individuals unable to give legally adequate consent, and who has no guardian or family member representing his/her/their interests, staff will ascertain the client's wishes to the greatest extent possible and will advocate in accordance with those wishes. Such individuals will be presumed competent. If the client's wishes cannot be fully ascertained, staff will advocate in accordance with the rights expressed in state and federal law. In such cases, no representation agreement is required, although the case plan or the equivalent will state the proposed course of action, which will be fully discussed with the client.