Disaster Manual
Sidley Austin, LLP; Houston Immigration Legal Services Collaborative; Legal Aid of NorthWest Texas; Lone Star Legal Aid; Texas RioGrande Legal Aid; Disability Rights Texas; and the State Bar of Texas have created a disaster manual for pro bono volunteers. The manual is used as a reference when handling issues that frequently arise during disasters—from giving quick advice and limited scope services to handling an entire case. The manual is reviewed annually and updated to reflect current law and relevant disaster information. These are the topics covered in each chapter along with a link to the chapter itself. If you want to view or download the entire manual, click here.
Chapter
1:
Introduction
This is the introduction to the Disaster Manual.
Chapter
2: FEMA Individual
& Households Program: Handling
a FEMA Appeal for a Disaster Survivor
Following the declaration of a “major disaster” in the United States
or
its Territories, federal assistance is made available to supplement
the
resources of state and local governments and voluntary relief
organizations. This chapter defines what situations may constitute a
natural disaster for purposes of receiving assistance and outlines the
various financial resources that may be available.
Chapter
3: Falling Trees, Flying Limbs &
Loud Noises
Disaster damage from heavy rains, high winds and flooding
may occur in several different ways. Objects such as
furniture, heavy
tree limbs, and even uprooted trees can also cause damage.
This chapter
addresses common issues and questions regarding such
situations and
discusses other matters like objects to damaged persons or property.
Chapter
4: Landlord & Tenant
Issues
This chapter details Texas statutory and common law
regarding the rights of landlords and tenants with respect
to
residential leases and the myriad of situations that may
occur following
a disaster.
Chapter
5: Real & Personal
Property
This chapter provides summaries and Q&A discussions
that seek to anticipate some of the practical questions
that homeowners,
tenants, and business owners might ask concerning real and
personal
property issues.
Chapter
6: Employer/Employee
Issues
This chapter provides practical advice for helping
individuals who have temporarily or permanently lost
employment or are
facing other employment-related issues as a result of a disaster.
Chapter
7: Social Security, Banking,
& Financial
Issues
This chapter offers information and answers to commonly
asked questions about social security benefits, financial
institutions,
and other financial issues following disasters.
Chapter
8: Consumer Protection
Issues
Unfortunately, unscrupulous consumer practices increase
during and following disasters. Disaster victims,
especially senior
citizens, the disabled, and limited-English or non-English
speakers are
vulnerable to scams. This chapter is designed to help
volunteer
attorneys provide preliminary guidance to victims of
consumer fraud or
those with debtor/creditor problems in Texas.
Chapter
9: Insurance
Issues and Answers
This chapter provides information and answers to commonly
asked questions about insurance-related issues following
major
disasters.
Chapter
10: Health Care Issues
This chapter offers information to help volunteer lawyers
navigate questions that range from state resources to
inquiries about
health care insurance or malpractice liability.
Chapter
11: Personal Bankruptcy
Issues
The damages and dislocation caused by a disaster often
leads to victims filing for bankruptcy. This chapter
provides resources
including applicable sections of the Bankruptcy Code and
answers to
common questions asked about bankruptcy.
Chapter
12: Replacing Lost
Documents
This chapter covers how to go about replacing documents
that are lost, destroyed, or damaged during a disaster.
Chapter
13: Family Law, Child
Welfare & Foster Care
Issues
Displacement during and after disasters can cause unique
legal issues in the family law context. In addition to
issues regarding
custody, visitation, and child support, incidents of
domestic and sexual
violence increase after disasters. Disasters can also
uniquely impact
families involved in the child welfare system and children
and youth in
foster care. This chapter covers how these systems
function, provides
resources to support clients involved in these systems,
and
answers specific questions that may arise during disasters.
Chapter
14: Education Law Issues
Students who are homeless or displaced as a result of a
disaster are at a higher risk of losing services. This
chapter provides
laws and information about education law issues during disasters.
Chapter
15: Immigration Issues
Increased interaction with local and federal law
enforcement agencies during disaster relief efforts place
immigrants in
precarious situations where seeking assistance may
jeopardize their
ability to remain in the country. These resources address
the common
issues and questions that non-citizens face in disaster
situations
regarding the exercise of their legal protections and rights.
Chapter
16: Community Organizations/Small
Businesses
Disasters can cause both physical and economic damage to
small businesses and nonprofits, resulting in both
unexpected
disaster-related damage repair costs and loss of
revenue. This chapter
addresses the unique challenges and most common issues
community
organizations and small businesses face during
disasters.
Chapter
17: Estate Planning &
Wills
This chapter addresses wills and estate planning
documents and options for people involved in disasters.
Chapter
18: Disability Rights in
Disasters
This chapter provides resources to address various issues
people with disabilities may face during disasters.
Chapter
19: Resource & Referral
Guide
This chapter provides a list of resources and contact
information for community organizations, and local, state
and federal
agencies which can assist disaster victims.
