justicedao/ipfs_state_laws huggingface dataset:
137-084-0005 Contributions to the Fund (1) The sexual assault victim assistance fund may receive state general fund appropriations, gifts, grants, federal funds, or other public or private funds or donations. (2) Any contribution to the Fund should be given to the Department accompanied by notice in writing from the contributor stating the intention to have the contribution deposited into the Fund. (3) Any contributions to the Fund received by the Department shall be deposited in the Fund as soon as practicable. Statutory/Other Authority: 2003 OL Ch. 789 (SB 752) Statutes/Other Implemented: 2003 OL Ch. 789 (SB 752) History: DOJ 13-2007, f. & cert. ef. 12-11-07 DOJ 3-2004, f. & cert. ef. 1-29-04
137-084-0010 Claims Processing (1) A victim of a sexual assault who wants the Fund to pay for a medical examination, collection of forensic evidence using the Oregon State Police SAFE Kit, or other services provided in conjunction with the sexual assault exam, must indicate to the medical service provider that they wish for the provider to submit a completed Application Form to the Department. (2) To obtain payment from the Fund, an eligible medical services provider must submit the Application Form to the Department within one year of the date the medical services are provided. At the Department’s discretion, the Department may choose to pay claims that are received after one year of the date the medical services are provided. (3) All medical services invoices must include an itemized billing statement and must be submitted by the eligible medical services provider with the Application Form. (4) To be paid for by the Fund, a complete medical assessment using the Oregon State Police SAFE Kit must be completed within 84 hours (three and one-half days) of the sexual assault. The Kit must have been released to appropriate law enforcement personnel in a timely manner after its use for collection of information. (5) To be paid for by the Fund, a partial medical assessment must be completed within 168 hours (seven days) of the sexual assault of the victim. (6) Completed Application Forms submitted with medical services invoices will be processed for payment by the Fund within 60 days of submission. [ED. NOTE: Forms referenced are available from the agency.] Statutory/Other Authority: 2003 OL Ch. 789 (SB 752) Statutes/Other Implemented: 2003 OL Ch. 789 (SB 752) History: DOJ 7-2019, amend filed 06/27/2019, effective 07/01/2019 DOJ 12-2016, f. & cert. ef. 10-24-16 Reverted to DOJ 13-2007, f. & cert. ef. 12-11-07 DOJ 6-2016(Temp), f. & cert. ef. 4-19-16 thru 10-15-16 DOJ 13-2007, f. & cert. ef. 12-11-07 DOJ 3-2004, f. & cert. ef. 1-29-04
137-084-0500 Sexual Assault Examiner (SAE) and Nurse Examiner (SANE) Certification Commission (1) The Attorney General establishes a Sexual Assault Examiner (SAE) and Nurse Examiner (SANE) Certification Commission. The Commission is established to help ensure that registered nurses, physicians and physician assistants who provide sexual assault medical forensic examinations in Oregon and receive compensation through the Sexual Assault Victims' Emergency Medical Response Fund established by Oregon Laws 2003 c. 789 have the necessary training and qualifications to do so in accordance with the best standards of care, after consultation with the Attorney General's Sexual Assault Task Force. (2) Commission members shall be appointed by the Attorney General and shall serve a period of two years from time of appointment. Terms may be renewed upon approval by the Attorney General. (3) The Commission shall consist of nine (9) members, one each from the following groups: (a) One (1) Oregon Certified Sexual Assault Examiner or Nurse Examiner; (b) One (1) Oregon Certified Sexual Assault Nurse Examiner representing the Oregon Nurses Association (ONA); (c) One (1) Representative from the Oregon State Board of Nursing (OSBN); (d) One (1) Emergency Room Physician representing the Oregon Chapter of Emergency Physicians (OCEP); (e) One (1) Licensed Independent Practitioner (LIP) (at large); (f) One (1) Advocate; (g) One (1) At-large position; (h) One (1) Member of Law Enforcement or Prosecution; and (i) One (1) Representative from the Forensic Services Division. (4) A majority of a quorum of the Commission may take action and make recommendations to the Attorney General. A quorum shall be established by a simple majority of Commission members. (5) The Attorney General delegates to the Commission the following powers and duties: (a) Make recommendations to the Attorney General for rules deemed necessary to implement the Sexual Assault Nurse Examiners Program, including standards for certification and renewal of certification by the Commission; (b) Evaluate and act upon applications for certification; (c) Identify, update, and publicize best practices related to sexual assault examinations; (d) Perform random SANE/SAE chart reviews of certified SANE/SAEs in Oregon to assure standards of practice as defined by the Oregon Sexual Assault Task Force are being upheld and set forth recommendations to SANEs who demonstrate substandard practices; (e) In accordance to nursing practice in Oregon if there is found to be any attempt to falsify documentation or demonstration of practicing outside of the scope of practice, a majority quorum of the Commission may take action to suspend or remove SANE certification; and (f) If a SANE/SAE has a suspended or revoked state RN, NP, or PA license to practice, the Commission has the ability to suspend or revoke the SANE/SAE certification. Statutory/Other Authority: 2003 OL Ch. 789 (SB 752) Statutes/Other Implemented: 2003 OL Ch. 789 (SB 752) History: DOJ 12-2016, f. & cert. ef. 10-24-16 DOJ 5-2014, f. & cert. ef. 4-1-14 DOJ 13-2007, f. & cert. ef. 12-11-07 DOJ 3-2007, f & cert. ef. 3-16-07
137-085-0060 Purpose These rules set out the guidelines for minimum training required of persons providing services to victims of domestic violence, sexual assault and stalking in order to be certified advocates for purposes of the evidentiary privilege and confidentiality requirements of HB 3476. Statutory/Other Authority: 2015 HB 3476 Statutes/Other Implemented: 2015 HB 3476 History: DOJ 4-2016, f. & cert. ef. 2-3-16 DOJ 11-2015(Temp), f. & cert. ef. 10-2-15 thru 3-29-16
137-085-0070 Definitions (1) “Certified advocate” means a person who: (a) Has completed at least 40 hours of training in advocacy for victims of domestic violence, sexual assault, or stalking that meets the minimum training requirements set out in OAR 137-085-0080; and (b) Is an employee or a volunteer of a qualified victim services program. (2) “Qualified victim services program” means: (a) A nongovernmental, nonprofit, community-based program receiving moneys administered by the state Department of Human Services or the Oregon or United States Department of Justice that offers safety planning, counseling, support or advocacy services to victims of domestic violence, sexual assault or stalking; or (b) A sexual assault center, victim advocacy office, women’s center, student affairs center, health center or other program providing safety planning, counseling, support or advocacy services to victims that is on the campus of or affiliated with a two- or four-year post-secondary institution that enrolls one or more students who receive an Oregon Opportunity Grant. Statutory/Other Authority: 2015 HB 3476 Statutes/Other Implemented: 2015 HB 3476 History: DOJ 4-2016, f. & cert. ef. 2-3-16 DOJ 11-2015(Temp), f. & cert. ef. 10-2-15 thru 3-29-16
137-085-0080 Training Requirements (1) For purposes of HB 3476, training that is no less than a total of 40 hours and that is substantially similar to subsections (2)–(4) of this rule is approved by the Attorney General. (2) Training shall be comprised of a minimum of 40 hours. (3) At least 26 hours of the training shall cover each of the following topics: (a) Dynamics of domestic violence; (b) Dynamics of sexual assault; (c) Dynamics of stalking; (d) Anti-oppression, anti-racism, cultural competency theory and practice; (e) Effects of trauma on survivors and family members; (f) Adults molested as children; (g) Effects of exposure to violence on children; (h) Dynamics of domestic violence abusers; (i) Dynamics of sexual offenders; (j) Vicarious traumatization and self-care; (k) Advocacy and crisis response; (l) Confidentiality and privilege; (m) Advocacy skills; (n) Working with system-based partners and other service providers. (4) Training shall include no less than an additional 12 hours regarding SANE exams, court accompaniment, medical exam accompaniment, working with law enforcement, support group facilitation, shelter intake, working with children, campus response, or other topics as approved by the Crime Victims’ Services Division of the Department of Justice. (5) At least 2 hours of the training shall focus on confidentiality and privilege, the Violence Against Women Act and other funding requirements relating to confidentiality, the provisions set forth in HB 3476, and related matters. (6) A person employed at or volunteering with a qualified victim services program who completed 40 hours of training before October 1, 2015, that is substantially similar to training requirements described in contracts between such programs and the Department of Justice or Department of Human Services, is a “certified advocate,” at such time as the person completed an additional 2 hours of training on confidentiality, advocate privilege, and HB 3476 as described in subsection (5) of this rule. Statutory/Other Authority: 2015 HB 3476 Statutes/Other Implemented: 2015 HB 3476 History: DOJ 4-2016, f. & cert. ef. 2-3-16 DOJ 11-2015(Temp), f. & cert. ef. 10-2-15 thru 3-29-16
137-085-0090 Training Records Each qualifying victim services program shall maintain a roster of advocates who have completed the minimum training described required by OAR 137-085-0080 and who are thus “certified advocates.” Statutory/Other Authority: 2015 HB 3476 Statutes/Other Implemented: 2015 HB 3476 History: DOJ 4-2016, f. & cert. ef. 2-3-16 DOJ 11-2015(Temp), f. & cert. ef. 10-2-15 thru 3-29-16
137-086-0000 Purpose These rules set out guidelines for the operation of the Oregon Domestic & Sexual Violence Services Fund (“the Fund”) including the review and revision of the allocation plan mandated in ORS 147.456 & 134.459, the functioning of the advisory council established in 147.471, and the administration of the grant program established in 147.465. They also describe the grievance procedure with regard to grant award decisions and other Fund activities described in 147.468. Statutory/Other Authority: ORS 147.465(3) & 2001 OL Ch. 870 (HB 2918) Statutes/Other Implemented: ORS 147.450 - 147.471 & 2001 OL Ch. 870 (HB 2918) History: DOJ 15-2004, f. & cert. ef. 11-22-04
137-086-0010 Definitions (1) “Advisory Council” is the Oregon Domestic and Sexual Violence Services Fund Advisory Council, as established in ORS 147.471. (2) “Allocation Plan” is the plan for distributing money in the Fund that is developed pursuant to ORS 147.456 and 147.459 and periodically reviewed and adjusted according to these rules. (3) “Applicant” is an agency that is eligible to apply for Oregon Domestic and Sexual Violence Services Fund money through the grantmaking process carried out by the Department pursuant to ORS 147.465. (4) “The Fund” is the Oregon Domestic & Sexual Violence Services Fund. (5) “Fund Coordinator” is the person designated by the Department to provide programmatic oversight of Oregon Domestic and Sexual Violence Services Fund. (6) “Grant term” is the period from the date of an effective award until the end date or the termination of such an award. (7) “Grantee” is an agency that successfully applies for and receives Oregon Domestic and Sexual Violence Services Fund money through the grantmaking process carried out by the Department pursuant to ORS 147.465. Statutory/Other Authority: ORS 147.465(3) & 2001 OL Ch. 870 (HB 2918) Statutes/Other Implemented: ORS 147.450 - 147.471 & 2001 OL Ch. 870 (HB 2918) History: DOJ 15-2004, f. & cert. ef. 11-22-04
137-086-0020 Advisory Council An Advisory Council of no fewer than fifteen and no more than twenty members shall be selected and serve terms in accordance with ORS 147.471 and with the by-laws established by the Advisory Council. Copies of the by-laws and other open records are available by contacting the Department. Statutory/Other Authority: ORS 147.465(3) & 2001 OL Ch. 870 (HB 2918) Statutes/Other Implemented: ORS 147.450 - 147.471 & 2001 OL Ch. 870 (HB 2918) History: DOJ 15-2004, f. & cert. ef. 11-22-04
137-086-0030 Allocation Plan (1) Frequency. An allocation plan for distribution of legislatively authorized funds for the upcoming or current biennium will be developed each biennium by the Advisory Council. The final allocation plan must be approved by the Attorney General or designee. (2) Purpose. The allocation plan shall help to accomplish one or more of the following: (a) Increase the effective use of Fund dollars; (b) Support the greater efficiency of the administration and use of grant dollars; and (c) Further the objectives set forth in ORS 147.453. (3) Process. The following process shall be followed in making revisions: (a) The Advisory Council shall review current Oregon Domestic and Sexual Violence Services Fund data, including outcomes, challenges and successes. (b) The Advisory Council shall gather input from a broad range of stakeholders. (c) The Advisory Council shall review other relevant information including, but not limited to: the amount of funds available for grant awards; existing funding data from other state-administered funds available to applicants; and current state and national research on program effectiveness and victims’ needs. (d) Based upon information gathered pursuant to paragraphs (a)–(c) of this section, the Advisory Council shall create a list of suggested revisions. (e) The Advisory Council shall consider the list created according to paragraph d) of this section in order to make recommendations to the Attorney General or his designee as to revisions to the allocation plan. The recommendations shall address the specific categories in which awards will be made, whether each award category shall be competitive or non-competitive, the portion of total funds appropriated that will be available in each award category, and eligibility criteria. The Advisory Council may recommend that a specific portion of the Fund be reserved for a specific sub-group of eligible applicants or that funding prioritize a specific sub-group of eligible applicants. (f) The final decision as to revisions to the allocation plan shall be made by the Attorney General or his designee. Statutory/Other Authority: ORS 147.465(3) & 2001 OL Ch. 870 (HB 2918) Statutes/Other Implemented: ORS 147.450 - 147.471 & 2001 OL Ch. 870 (HB 2918) History: DOJ 15-2004, f. & cert. ef. 11-22-04
137-086-0050 Other Fund Activities ORS 147.468 authorizes the Department to pursue a range of activities in support of Fund goals, to the extent that funds are available. In formulating the allocation plan, the Advisory Council shall consider whether funds should be allocated to these purposes. If the Advisory Council recommends that funds should be allocated, with the Attorney General’s approval, such funds shall be set aside and shall not be included in the granting program described in 137-086-0040, above. In addition, the Department at its discretion may direct the Fund Coordinator to pursue any of these activities as part of the administrative duties of the Fund Coordinator. Statutory/Other Authority: ORS 147.465(3) & 2001 OL Ch. 870 (HB 2918) Statutes/Other Implemented: ORS 147.450- 147.471 & 2001 OL Ch. 870 (HB 2918) History: DOJ 15-2004, f. & cert. ef. 11-22-04
137-087-0000 Purpose and Implementation (1) ORS 180.700 gives the Attorney General authority, in consultation with an advisory committee, to adopt rules that establish standards for batterers' intervention programs (BIP). OAR 137-087-0000 through 137-087-0100 establish those BIP standards (standards) for intervention services provided to male batterers who engage in battering against women. Additional rules shall be developed later to address standards for intervention services for women batterers and battering in same sex relationships. Nothing in these rules should be construed to prevent a BIP from providing appropriate batterer intervention services to batterers who are not within the scope of these rules at this time. (2) The purposes of the standards are: (a) To help ensure the safety of women, their children and other victims of battering; (b) To help ensure that BIPs use appropriate intervention strategies to foster a batterer's stopping his violence, accepting personal accountability for battering and personal responsibility for the decision to stop, or not to stop, battering; and to promote changes in the batterer's existing attitudes and beliefs that support the batterer's coercive behavior; (c) To help ensure that BIPs address all forms of battering; (d) To help ensure that BIPs are culturally informed and provide culturally appropriate services to all participants; (e) To help ensure egalitarian and respectful behavior by BIP staff toward women and men of all races and cultures; (f) To help ensure that BIPs provide services that are affordable and accessible for participants, including participants with disabilities; (g) To provide a uniform standard for evaluating a BIP's performance; (h) To encourage practices, based on consensus of research and proven field experience, that enhance victim safety; (i) To foster local and statewide communication and interaction between BIPs and victim advocacy programs, and among BIPs; and (j) To help ensure that BIPs operate as an integrated part of the wider community response to battering. (3) Implementation and transition provisions: (a) A BIP may apply these standards only to BIP applicants who request or are referred for admission to the BIP after the effective date of these rules; (b) BIPs in operation on the effective date of these rules shall make reasonable efforts to conform their policies and practices with these standards as soon as practicable but no later than six months after the effective date of these rules; (c) BIPs commencing operations after the effective date of these rules shall comply with these standards as soon as practicable but no later than six months after commencing operations. Statutory/Other Authority: ORS 180.070 - 180.710 Statutes/Other Implemented: ORS 180.070 - 180.710 History: DOJ 13-2012, f. 7-31-12, cert. ef. 8-1-12 DOJ 16-2005, f. 11-23-05, cert. ef. 1-1-06
137-087-0010 Integration With Total Community Response to Domestic Violence (1) BIP in Wider Community Response. A BIP shall be part of a wider community response to battering and not a “stand alone” form of response. A BIP shall interface with VPs, the Council, the criminal justice system including the LSA, other BIPs, members of the Council, and entities recommended to be part of the Council in OAR 137-087-0005(5), to achieve the following objectives: (a) Increase victim safety and batterer accountability and responsibility; (b) Increase BIP coordination and communication with the criminal justice system, VPs, other BIPs, and all other entities involved in the total community response to domestic violence; (c) Decrease the likelihood that a lack of communication between BIPs and other representatives in the community response to domestic violence will jeopardize victim safety or be used by the batterer to manipulate the response system; (d) Increase the likelihood that BIPs are not working at cross-purposes with other agencies serving domestic violence and sexual assault victims and offenders; (e) Increase the likelihood that BIPs are providing services representing best practices; (f) Promote community beliefs and attitudes that discourage battering; and (g) Support other programs that work to reduce or prevent battering. (2) BIP and Council. A BIP shall participate in and seek to join the Council if a Council exists in the BIP’s service area. Statutory/Other Authority: ORS 180.070 - 180.710 Statutes/Other Implemented: ORS 180.070 - 180.710 History: DOJ 16-2005, f. 11-23-05, cert. ef. 1-1-06
137-087-0020 Confidentiality of Victim and Partner Information (1) Confidentiality. All information about or from a victim or partner shall be confidential to the extent permitted by law. (2) Treatment of Information. Any information about a victim or partner, including victim or partner contact information, the BIP receives from any source other than the participant shall be kept in a secure location separate from information about any participant. (3) Restriction of Access to Information. A BIP shall restrict access to and use of victim or partner information to only BIP staff who have a specific need to know the information and who are accountable for their access to and use of that information. (4) Disclosure of Information. Any disclosure of information about the victim or partner shall be made only with the victim's or partner's authorization, or as otherwise required by federal or state law or regulation, or court order. (5) Notification of Possible Disclosure of Information. If a BIP is put on notice that federal or state law or regulation or court order may require the disclosure of information provided by a victim or partner, the BIP shall immediately notify the victim or partner and/or the appropriate VP unless such notification would endanger the safety of the victim or partner. Statutory/Other Authority: ORS 180.070 - 180.710 Statutes/Other Implemented: ORS 180.070 - 180.710 History: DOJ 13-2012, f. 7-31-12, cert. ef. 8-1-12 DOJ 16-2005, f. 11-23-05, cert. ef. 1-1-06
137-087-0025 Interface Standards — Victim Advocacy Programs (1) Liaison. A BIP shall designate a program staff member to serve as a liaison to at least one VP and to the Council in the BIP's service area. Through the liaison, the BIP shall: (a) Work collaboratively with VPs to help ensure that victims are provided informational materials about, or are referred to, a VP or other advocacy, safety planning, or assistance agencies; (b) Provide BIP policies, procedures and informational materials, and any amendment to such policies, procedures and informational materials, to the VPs and Council for review and comment as to whether the policies, procedures and materials help ensure the safety of victims and follow best practices related to victim notification; (c) Work cooperatively with VPs to post, in appropriate locations, information about how victims can contact the BIP, LSA or MA for more information about the BIP; (d) Work cooperatively with VPs to discuss and respond to VP concerns or problems related to BIP interventions with batterers, or the BIP's relationship with the LSA or MA, or both; and (e) Develop a procedure to notify VPs when the BIP believes in good faith that such notification is necessary to prevent or lessen an imminent threat to the health or safety of the victim or the public. (2) Imminent Threat to Health or Safety. A BIP shall disclose participant information to a VP when, and to the extent, the BIP in good faith believes such disclosure is necessary to prevent or lessen an imminent threat to the health or safety of a person or the public. No authorization to release information is required in such circumstances. Statutory/Other Authority: ORS 180.070 - 180.710 Statutes/Other Implemented: ORS 180.070 - 180.710 History: DOJ 13-2012, f. 7-31-12, cert. ef. 8-1-12 DOJ 16-2005, f. 11-23-05, cert. ef. 1-1-06