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priorities



*PRIORITY: COMMUNITY DEVELOPMENT


Brief and extended legal services will be offered in the area of Community Development.


  1. Cases


Legal representation and counseling to groups and individuals on matters related to community economic and social development, including legal counseling and orientation services for the organization of corporations and businesses self-managed by workers. Assistance in identifying financing and obtaining municipal and state licenses and permits. Expropriations and community displacement cases.



*PrioriTY: CONSUMERS


Brief and extended legal services will be provided in the area of consumer rights dealing with:

A. Cases

  1. Bankruptcy (Chap. 7 only)

  2. Debt collection (consumer debt)

  3. Access to credit

  4. Loans and time payments

  5. Public utilities

  6. Identity theft

  7. Execution of DACO (Department of Consumer Affairs) judgments for the consumer further to Sec. 1609 proceeding.

  8. Problems related to account insurance, moving companies, travel agencies, luggage lost in transit by the airlines, and motor vehicle parking.

  9. Product/service warranty claims

  10. Discriminations against individuals with disabilities as consumers of public or private services, including means of transportation.

  11. Breach of contract for the acquisition of goods, services, or works that the applicant has contracted for.



*PrioriTY: EDUCATION


Brief and extended legal services will be provided to low income persons in the area of Education, including services to special education students, related to:


A. Cases:


  1. Access to education and related educational services

  2. Student's rights

  3. Right to special education and related services for students with disabilities, appropriate to their needs and in the least restrictive environment possible

  4. Disciplinary complaints against students

  5. Require compliance with the rights of infants with developmental deficits from birth to the age of three (3) by the Education and Health departments.


*PrioriTY: ELDERLY

A. Cases:


1. Brief and extended services will be provided in the area of senior citizen's rights, dealing with:


a. Cases falling within the Senior Citizens Bill of Rights, Public Law 121 enacted July 12, 1986, including case involving abuse and neglect

c. Rights and benefits under the Medicare and Medicaid Programs

d. Execution of wills disposing of assets

e. Eviction actions and rent collection in cases where the landlord is elderly and depends on that income to survive

f. Living Will

g. Discrimination on account of, age, disability, etc.

h. Representation of grandparents in cases of subsidiary child support claims against them.


*PRIORITY: EMPLOYMENT


  1. CASES


    1. Unjustified dismissal

    2. Discrimination

    3. Work Conditions

      1. hours and wages

      2. mealtimes

      3. leaves

      4. other

    4. Unemployment

    5. Harassment

      1. workplace

      2. sexual

    6. Expungement of prior criminal history - (if the purpose is to obtain employment).

    7. Breach of Service or Work Contract, when the applicant is the one whose service or labor is the object of the contract. If the contract involves a construction or building, said representation will not fall within the scope of the Priority.



*PRIORITY: ENVIRONMENT


Brief and extended legal services will be provided in the area of Environmental Law.


  1. Cases

Legal representation of individuals and communities before administrative and judicial forums in cases involving permits and violations of environmental laws and regulations. Cases dealing with soil, air and water pollution as well as situations that limit or prevent the enjoyment of natural resources and properties in the public domain.


Examples:


1. Establishment of quarries

2. Access to beaches

3. Access to drinking water

4. Construction projects in coastal areas

5. Sewage overflow





*PRIORITY: FAMILIES


Brief and extended legal services will be offered in the field of family law.


A. Cases

1. Adoption

2. Child support

3. Name change/ Correction to the Record

4. Custody

5. Divorce

6. Emancipation

7. Paternity

8. Patria Potestas [under Puerto Rican law]

9. Maternal and Paternal visitation and between Grandparents/grandchildren

10. Guardianship

11. Domestic Violence



*PRIORITY: HEALTH


Brief and extended services will be provided in the health area related to:


A. Cases


  1. Access to health services and patient's rights under the Reforma de Salud [Health Reform] and the federal EMTALA Act (Emergency Medical Treatment and Active Labor Act).

  2. Rights of patients with HIV/AIDS

  3. Puerto Rico Mental Health Act, No. 408 enacted on October 2, 2000.

  4. Rights and benefits under Medicare and Medicaid programs.

  5. Living Wills

  6. Right to privacy of medical information under the HIPAA (Health Insurance Portability and Accountability Act).

  7. Discrimination against people with disabilities.


*PRIORITY: HOUSING


Brief and extended services will be provided to persons of limited resources in the area of public and private housing, including the right to shelter, dealing with:


A. Cases:


1. The acquisition of public or private primary housing

2. The retention of public or private primary housing

3. The improvement of conditions in the primary home to make it adequate for habitation

4. Access to shelter for homeless or street people

5. Discrimination on account of disability in the purchase and retention of housing.

  1. Breach of construction or home improvement contract where the applicant has been the contracting party. The applicant will initially be advised and referred to the district attorney's office for consideration of filing criminal charges against the contractor. If the districts attorney's office refuses to do so, the applicant may return to seek to have his case accepted for extended representation.


*PRIORITY: IMMIGRATION


Brief and extended legal services will be provided in Immigration law.


A. Cases


1. Legal representation and counseling services will be provided to eligible immigrants. In cases before the Immigration and Naturalization Service and the Immigration Court for:


(1) Obtaining citizenship

(2) Employment applications

(3) Discrimination due to immigrant status

(4) Permanent resident status



*PRIORITY: INCOME MAINTENANCE

  1. Cases

1. Sworn statement, Counseling and other brief services

2. Emancipation - (client's goal)

3. Financial Assistance and PAN [Nutritional Assistance Program]

4. Retirement pensions, Veterans

5. Social Security

6. ACAA benefits [personal injury automobile accident insurance]

7. Others - if the client's goal is to maintain an income, it should be included in this area.

8. Discrimination because of disability.



*PRIORITY: MIGRANT FARM WORKER DIVISION


*EMPLOYMENT


Brief and extended legal services will be offered in the area of Employment.


  1. Cases


    1. Breach of Contract

    2. Pay Claims


      1. minimum wage - violations


    1. Unemployment insurance

    2. Expungement of Criminal Record

    3. Others:


      1. Obtaining passport

      2. Declaration of heirship - dealing with monetary claims adjudicated in employment cases in which the client dies before receiving proceeds of claim


*HOUSING


Brief and extended legal services will be offered in the area of Housing.


1. Living conditions in the camps

2. Others (same as the Regular Program)

*HEALTH


Brief and extended legal services will be offered in the area of Health.


  1. Cases


    1. Access to services in Health Clinics for migrant workers (includes the members of the family unit)

*2. Others (same as the Regular Program)


*CONSUMERS


Brief and extended legal services will be offered in the area of Consumers.


  1. Cases


(Same as the Regular Program)


*Taxes


Brief and extended legal services will be offered in the area of Taxes.

  1. Cases


    1. Federal Taxes


      1. Filing of Federal Tax returns

      2. Representation in the "Tax Court"

      3. Others


    1. Tax Collection


*FAMILY


  1. Cases


(Same as the Regular Program)


*In all of these priorities we will only represent the migrant farm worker.



*PRIORITY: MINORS/JUVENILES


Brief and extended services will be provided to low income individuals in the minors/juveniles area.

A. Cases:

1. Juveniles charged with serious offenses or misdemeanors (Type I, II or III offenses, except sale and distribution of drugs). Juveniles charged with domestic violence will not be represented. All juvenile cases may be referred to an available service provider in the area, except those cases in which the referral is prejudicial to the minor, or the DSC decides not to make the referral.

2. Representation will be provided in all stages of juvenile proceedings except:

a. Detention Hearing - will provide representation only when absolutely necessary for the minor's defense later on and the Center has resources available.

b. Review Hearings - Representation will provide only when: raising an issue regarding a condition of confinement, requesting shortening the term or discussing the treatment ordered for the minor's benefit.

3. Cases involving conditions of abuse and neglect of minors in juvenile institutions and rehabilitation programs.


PrioriTY: MISCELLANEOUS

A. Cases:


1. Legal advice, brief services and referrals in civil law for eligible clients through the TeleAbogado Project which was created for this purpose.






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