reglab/housing_qa huggingface dataset:
WV Code § 48-26-212 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 26. Domestic Violence Act|§48-26-212. Monitored Parenting and Exchange Defined

(a) "Monitored parenting" means the contact between a parent without custodial responsibility, guardian or other adult and one or more children, in the presence of a third person who monitors the contact to promote the safety of the participants.(b) "Monitored exchange" means the observation of movement of a child or children from the custodial responsibility of one parent or guardian to the custodial responsibility of the other parent or other adult without allowing contact between the adults.(c) "Monitored parenting and exchange program" means a licensed program offered by a locally controlled nonprofit organization for purposes of providing a neutral, safe and child-friendly environment to allow the child or children access to a parent or other adult without allowing contact between the adults.
WV Code § 48-26-213 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 26. Domestic Violence Act|§48-26-213. Outreach Defined

Outreach means a licensed domestic violence program's community-based activities that increase awareness and availability of services, in every county within the program's regional service area, to victims and survivors of domestic violence, dating violence, sexual assault, stalking or human trafficking, and their children.
WV Code § 48-26-214 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 26. Domestic Violence Act|§48-26-214. Shelter Defined

Shelter means residential services offered by a licensed domestic violence program on a temporary basis, to persons who are victims of domestic violence, dating violence, sexual assault, stalking or human trafficking, and their children.
WV Code § 48-26-301 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 26. Domestic Violence Act|§48-26-301. Family Protection Services Board Continued; Terms

§48-26-301. Family protection services board continued; terms.(a) The family protection services board, is continued.(b) Membership of the board is comprised of seven persons. The Governor, with the advice and consent of the Senate, shall appoint five members of the board who meet the following qualifications:(1) One member must be a director of a licensed domestic violence program;(2) One member must be a representative of the West Virginia Coalition Against Domestic Violence;(3) One member must be a representative of a batterer intervention and prevention program licensed by the board;(4) One member must be a representative of the West Virginia Supreme Court of Appeals who is familiar with monitored parenting and exchange program services; and(5) One member must be a citizen who is a resident of this state and who is not employed by, under contract with or a volunteer for a program licensed by the board, and who is knowledgeable about services for victims and survivors of domestic violence;(c) The secretary of the Department of Health and Human Resources, or his or her designee, and the chair of the Governor's Committee on Crime, Delinquency and Correction, or his or her designee shall serve as ex officio voting members.(d) The terms of the five members appointed by the Governor are for three years, staggered in accordance with prior enactments of this act.(e) No person who is employed by, under contract with or volunteers for an organization that is licensed to operate any program under the provisions of this article may serve on the board at the same time as another person who is employed by, under contract with or volunteers for that organization.(f) If a member resigns or is unable to complete his or her term or ceases to be qualified, the Governor shall appoint within ninety days a person who meets the qualifications of this section to serve the remainder of the unexpired term.
WV Code § 48-26-401 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 26. Domestic Violence Act|§48-26-401. Powers and Duties of Board

§48-26-401. Powers and duties of board.(a) The board shall:(1) Propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the provisions of this article and any applicable federal guidelines;(2) Receive and consider applications for licensure of domestic violence programs, batterer intervention and prevention programs and monitored parenting and exchange programs;(3) Assess the need for domestic violence programs, batterer intervention and prevention programs and monitored parenting and exchange programs, including licensure preapplication and application processes;(4) Conduct licensure renewal reviews of domestic violence programs, batterer intervention and prevention programs and monitored parenting and exchange programs, that will ensure the safety, well-being and health of the programs' participants and staff;(5) For each fiscal year, expend from the Family Protection Fund a sum not to exceed fifteen percent for the costs of administering the provisions of this article, and direct the Department of Health and Human Resources to distribute one half of the remaining funds equally and the other half of the remaining funds in accordance with a formula determined by the board, to licensed domestic violence programs;(6) Submit an annual report on the status of programs licensed under the provisions of this article to the Governor and the Joint Committee on Government and Finance;(7) Conduct hearings as necessary under this article; and(8) Collect data about licensed programs for use in the annual report of the board.(b) The board may:(1) Advise the Secretary of the Department of Health and Human Resources and the Chair of the Governor's Committee on Crime, Delinquency and Correction on matters of concern relative to their responsibilities under this article;(2) Delegate to the Secretary of the Department of Health and Human Resources such powers and duties of the board as the board considers appropriate to delegate, including, but not limited to, the authority to approve, disapprove, revoke or suspend licenses;(3) Advise administrators of state or federal funds of licensure violations and closures of programs; and(4) Exercise all other powers necessary to implement the provisions of this article.
WV Code § 48-26-403 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 26. Domestic Violence Act|§48-26-403. Legislative Rules

(a) The board shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to effectuate the provisions of this article.(b) The rules shall include, at a minimum:(1) Operating procedures of the board;(2) Minimum standards, including, but not limited to, governance, administration, safety, referral process, intake, services, financial accountability, staffing, personnel policies, communication, program participant records, service plans, confidentiality, program evaluation, facility requirements, reports, restrictions, and other requirements in this article, for licensure of:(A) Domestic violence programs, including requirements for both shelter and outreach components;(B) Community-based, local government and Division of Corrections batterer intervention and prevention programs; and(C) Monitored parenting and exchange programs; and(3) A licensure checklist to determine the ability of applicants and licensees to meet licensure standards, to determine eligibility for a full license, provisional license, conditional license or no license.(c) The rules in effect as of the effective date of the reenactment of this section will remain in effect until modified, amended or repealed provided that they are not inconsistent with this article.
WV Code § 48-26-406 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 26. Domestic Violence Act|§48-26-406. Closure of Programs

(a) The board may close any program that violates the standards established under this article or that threatens the health, well-being or safety of its participants or staff: Provided, That if a shelter is closed, the governing body of the program, in conjunction with the board, shall establish a plan to place the participants in other shelters or alternative housing.(b) In order to close a domestic violence program or one of its components, a batterer intervention and prevention program or a monitored parenting and exchange program, the board must vote unanimously in the affirmative.(c) If either the shelter component or the outreach component of a domestic violence program is closed, the remaining component of the program may continue to be licensed and to receive funds.
WV Code § 48-26-407 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 26. Domestic Violence Act|§48-26-407. Domestic Violence Shelters Not in Violation of Zoning Rules and Resolutions as to Use

Domestic violence shelters established pursuant to section four hundred two of this article, called the domestic violence act, shall not be subject to the enforcement of municipal zoning ordinances on the basis of being in noncompliance or variance with a particular use district: Provided, That as to all other provisions of those ordinances, the ordinances will control.
WV Code § 48-26-408 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 26. Domestic Violence Act|§48-26-408. Hearing Procedures; Judicial Review

(a) When a license for a program is downgraded or discontinued through permanent or temporary closure, the program's governing body is entitled to a hearing before the board.(b) Hearings shall be held in accordance with the provisions of article five, chapter twenty-nine-a of this code.(c) The board may conduct the hearing or elect to have a hearing examiner or an administrative law judge conduct the hearing. If the hearing is conducted by a hearing examiner or an administrative law judge:(1) The hearing examiner or administrative law judge shall be licensed to practice law in this state and shall conform to the Code of Conduct for Administrative Law Judges as set forth by the Ethics Commission in legislative rule;(2) At the conclusion of a hearing, the hearing examiner or administrative law judge shall prepare a proposed written order containing recommended findings of fact and conclusions of law and may include recommended sanctions, including closure, if the board so directs;(3) The board may accept, reject, modify or amend the recommendations of the hearing examiner or administrative law judge; and(4) If the board rejects, modifies or amends the recommendations, the board shall state in the order a reasoned, articulate justification based on the record for the rejection, modification or amendment.(d) Pursuant to the provisions of section one, article five, chapter twenty-nine-a of this code, informal disposition may also be made by the board by stipulation, agreed settlement, consent order or default. Further, the board may suspend its decision and place a license on conditional or provisional status.(e) A licensee adversely affected by a decision of the board entered after a hearing may seek an appeal to the Circuit Court, in accordance with the provisions of section four, article five, chapter twenty-nine-a of this code, and may appeal a decision of the Circuit Court to the West Virginia Supreme Court of Appeals, in accordance with the provisions of article six, chapter twenty-nine-a of this code.
WV Code § 48-26-501 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 26. Domestic Violence Act|§48-26-501. Development of State Public Health Plan for Reducing Domestic Violence

§48-26-501. Development of state public health plan for reducing domestic violence.(a) The Bureau for Public Health of the Department of Health and Human Resources, in consultation with the family protection services board, shall:(1) Assess the impact of domestic violence on public health; and(2) Develop a state public health plan for reducing the incidence of domestic violence in this state.(b) The state public health plan shall:(1) Include, but not be limited to, public education, including the use of the various communication media to set forth the public health perspective on domestic violence;(2) Be developed in consultation with public and private agencies that provide programs for victims of domestic violence, advocates for victims, organizations representing the interests of shelters, and persons who have demonstrated expertise and experience in providing health care to victims of domestic violence and their children; and(3) Be completed on or before January 1, 2000.(c) The Bureau for Public Health of the Department of Health and Human Resources shall:(1) Transmit a copy of the state public health plan to the Governor and the Legislature; and (2) Review and update the state public health plan annually.
WV Code § 48-26-502 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 26. Domestic Violence Act|§48-26-502. Notice of Victims' Rights, Remedies and Available Services; Required Information

(a) The Bureau for Public Health of the Department of Health and Human Resources shall make available to health care facilities and practitioners a written form notice of the rights of victims and the remedies and services available to victims of domestic violence.(b) A health care practitioner whose patient has injuries or conditions consistent with domestic violence shall provide to the patient, and every health care facility shall make available to all patients, a written form notice of the rights of victims and the remedies and services available to victims of domestic violence.
WV Code § 48-26-503 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 26. Domestic Violence Act|§48-26-503. Standards, Procedures and Curricula

(a) The Bureau for Public Health of the Department of Health and Human Resources shall publish model standards, including specialized procedures and curricula, concerning domestic violence for health care facilities, practitioners and personnel.(b) The procedures and curricula shall be developed in consultation with public and private agencies that provide programs for victims of domestic violence, advocates for victims, organizations representing the interests of shelters and personnel who have demonstrated expertise and experience in providing health care to victims of domestic violence and their children.
WV Code § 48-26-603 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 26. Domestic Violence Act|§48-26-603. Domestic Violence Legal Services Fund

§48-26-603. Domestic Violence Legal Services Fund.(a) There is continued in the State Treasury a special revenue account, designated as the "Domestic Violence Legal Services Fund," that shall be an appropriated fund for receipt of grants, gifts, fees, or federal or state funds designated for legal services for domestic violence victims. Expenditures from the fund shall be limited to attorneys employed or contracted by licensed domestic violence programs, or employed or contracted by West Virginia's federally designated legal services program, its successor organization or other nonprofit organization as determined by the department, that establish a collaborative relationship with a licensed domestic violence program, to provide civil legal services to victims of domestic violence.(b) Any court of this state may order a nonprevailing party to pay an amount equivalent to the reasonable attorney's fee to which the prevailing litigant would be entitled into the Domestic Violence Legal Services Fund, established in subsection (a) of this section, if the following circumstances occur:(1) A prevailing litigant is entitled by statute or common law to a reasonable attorney's fee, and(2) The prevailing litigant's legal counsel informs the court that no fee will be requested.
WV Code § 48-26-604 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 26. Domestic Violence Act|§48-26-604. Annual Reports of Licensed Programs

(a) All programs licensed pursuant to this article shall report specific information annually as required by the board.(b) No information contained in a report may identify any person served by the program or enable any person to determine the identity of any such person.
WV Code § 48-26-801 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 26. Domestic Violence Act|§48-26-801. Continuing Education for Certain State Employees

§48-26-801. Continuing education for certain state employees.(a)(1) Subject to the provisions of subdivision (2) of this subsection, the Department of Health and Human Resources shall provide or require continuing education concerning domestic violence for child protective services workers, adult protective services workers, social services workers, family support workers and workers in the Bureau for Child Support enforcement.(2) Funding for the continuing education provided or required under subdivision (1) of this section may not exceed the amounts allocated for that purpose by the spending unit from existing appropriations. No provision of this section may be construed to require the Legislature to make any appropriation.(b) The courses or requirements shall be prepared and presented in consultation with public and private agencies that provide programs for victims of domestic violence or programs of intervention for perpetrators, advocates for victims, organizations representing the interests of shelters and the family protection services board.
WV Code § 48-26-802 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 26. Domestic Violence Act|§48-26-802. Continuing Education for Law-Enforcement Officers Concerning Domestic Violence

(a)(1) Subject to the provisions of subdivision (2) of this subsection, as a part of the initial law-enforcement officer training required before a person may be employed as a law-enforcement officer pursuant to article twenty-nine, chapter thirty of this code, all law-enforcement officers shall receive training concerning domestic violence.(2) Funding for the training required under subdivision (1) of this section may not exceed the amounts allocated by the spending unit for that purpose from existing appropriations. No provision of this section may be construed to require the Legislature to make any appropriation.(b) The course of instruction and the objectives in learning and performance for the education of law-enforcement officers required pursuant to this section shall be developed and presented in consultation with public and private providers of programs for victims of domestic violence and programs of intervention for perpetrators, persons who have demonstrated expertise in training and education concerning domestic violence and organizations representing the interests of shelters.
WV Code § 48-26-803 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 26. Domestic Violence Act|§48-26-803. Judicial Education on Domestic Violence

(a)(1) Subject to the provisions of subdivision (2) of this subsection, as a part of existing training for court personnel, the Supreme Court of Appeals shall develop and present courses of continuing education concerning domestic violence for magistrates assistants, and juvenile and adult probation officers.(2) Funding for the continuing education required under subdivision (1) of this section may not exceed the amounts allocated for that purpose by the Supreme Court of Appeals from existing appropriations. No provision of this section may be construed to require the Legislature to make any appropriation.(b) The course of instruction shall be prepared and may be presented in consultation with public and private agencies that provide programs for victims of domestic violence and programs of intervention for perpetrators, advocates for victims, persons who have demonstrated expertise in training and education concerning domestic violence, organizations representing the interests of shelters and the family protection services board.
WV Code § 48-26-804 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 26. Domestic Violence Act|§48-26-804. Required Curricula for Public Education System

(a)(1) Subject to the provisions of subdivision (2) of this subsection, the state Board of Education shall select or develop:(A) Curricula that are appropriate for various ages for pupils concerning the dynamics of violence, prevention of violence, including domestic violence; and(B) Curricula for school counselors, health care personnel, administrators and teachers concerning domestic violence.(2) Funding for selecting or developing the curricula required under subdivision (1) of this section may not exceed the amounts allocated for that purpose by the spending unit from existing appropriations. No provision of this section may be construed to require the Legislature to make any appropriation.(b) The curricula shall be selected or developed by the state Board of Education in consultation with public and private agencies that provide programs for conflict resolution, violence prevention, victims of domestic violence and programs of intervention for perpetrators of domestic violence, advocates for victims, organizations representing the interests of shelters, persons who have demonstrated expertise and experience in education and domestic violence and the family protection services board.
WV Code § 48-26-805 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 26. Domestic Violence Act|§48-26-805. Continuing Education for School Personnel Who Are Required to Report Child Abuse and Neglect

(a)(1) Subject to the provisions of subdivision (2) of this subsection, the state Department of Education shall provide or require courses of continuing education concerning domestic violence for employees who are required by law to report child abuse or neglect.(2) Funding for the continuing education provided or required under subdivision (1) of this section may not exceed the amounts allocated for that purpose by the spending unit from existing appropriations. No provision of this section may be construed to require the Legislature to make any appropriation.(b) The courses or requirements shall be prepared and presented in consultation with public and private agencies that provide programs for victims of domestic violence, persons who have demonstrated expertise in education and domestic violence, advocates for victims, organizations representing the interests of shelters and the family protection services board.
WV Code § 48-26-1001 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 26. Domestic Violence Act|§48-26-1001. Court Orders; Use of Monitored Parenting and Exchange Programs Without Court Order

§48-26-1001. Court orders; use of monitored parenting and exchange programs without court order.(a) Judges and magistrates may order persons to apply to a licensed monitored parenting and exchange program for monitored parenting or monitored exchange of children: Provided, That a licensed monitored parenting and exchange program may not be required to perform duties that are beyond the program's capacity or scope of services.(b) Judges and magistrates may require a person to pay a reasonable amount based on ability to pay and other relevant criteria for any fee charged by a monitored parenting and exchange program.(c) Licensed monitored parenting and exchange programs may receive referrals from judges, magistrates, child protective services, attorneys and other agencies, for services under the terms and conditions of those services as set forth in rules promulgated by the board.(d) Licensed monitored parenting and exchange programs may serve self-referrals when the adult parties agree to the use of the program.