West Virginia Code of State Rules › Agency 191 - Family Protection Services Board › Title 191 - LEGISLATIVE RULE FAMILY PROTECTION SERVICES BOARD › Series 191-01 - Operation of the Family Protection Advisory Board › Section 191-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
For purposes of these rules, the following definitions shall
				  apply:
2.1. "Advocacy" means assisting
				victims and survivors of domestic violence, dating violence, sexual assault,
				stalking or human trafficking, and their children, in securing rights, remedies
				and services, by directly providing for, or referring to public and private
				agencies to provide for, safety planning; shelter; housing; legal services;
				outreach; counseling; case management; information and referral; training;
				employment; child care; health care; transportation; financial literacy
				education, financial planning and related economic empowerment services;
				parenting and other educational services; and other support services.
2.2. "Batterer intervention and prevention
				program", previously referred to as a program of intervention for perpetrators,
				means a licensed educational program that provides classes to individuals who
				commit acts of domestic violence or abuse, offering nonviolent strategies and
				values that promote respect and equality in intimate partner
				relationships.
2.3. "Board" means
				the Family Protection Services Board created pursuant to Chapter 53 of the Acts
				of the Legislature of 1989 and subsequently recodified by W. Va. Code
				§48.26.101 et seq.
2.4.
				"Closure" means the temporary or permanent prohibition of specified services
				and the corresponding suspension of licensure of a program or program component
				that violates the standards established by the board or that threatens the
				health, well being or safety of its program participants or staff.
2.5. "Custodial responsibility" refers to
				physical custodianship and supervision of a child as defined in WV Code §
									48-1-219. It usually includes, but
				does not necessarily require, the exercise of residential or overnight
				responsibility.
2.6."Department"
				means the Department of Health and Human Resources or any successor agency
				however so named.
2.7. "Domestic
				Violence Legal Services Fund" means the special revenue account established by
				WV Code §
									48-26-603 for the purposes set
				forth in that section.
2.8. "Family
				Protection Fund" means the special revenue account established by Chapter 74 of
				the Acts of the Legislature of 1981, held by the department, for the purpose of
				collecting marriage license fees pursuant to WV Code §
									59-1-10, divorce surcharge fees
				pursuant to WV Code §59-l-28-a, fees for failure to present a premarital
				education course completion certificate pursuant to WV Code §
									59-1-10 and any other funding
				source, including any source created in another section of WV Code, and
				distributed to licensed domestic violence programs, in accordance with the
				formula designated by the board.
2.9."Domestic violence program" means a
				licensed program of a locally controlled nonprofit organization, established
				primarily for the purpose of providing advocacy services, comprising both a
				shelter component and an outreach component, to victims of domestic violence,
				dating violence, sexual assault, stalking or human trafficking, and their
				children:
Provided,
That the board may temporarily or
				permanently close either the shelter component or the outreach component of a
				domestic violence program.
2.10.
				"Intimate partner" means a current or former spouse, a person with whom one
				shares a child in common, a person with whom one is cohabiting or has
				cohabited, or a person with whom one is or has been in a relationship of a
				romantic or intimate nature.
2.11.
				Licenses defined.
2.11.a. "Conditional
				license" means a license issued for up to ninety days, to programs that have
				violations of safety or accountability standards that may threaten the health,
				well-being or safety of its program participants or staff, or the responsible
				operation of the program, or that have a history or pattern of noncompliance
				with established standards.
2.11.b.
				"Provisional license" means a license issued for up to one hundred and eighty
				days, to programs that are not in compliance with nonlife threatening safety,
				programmatic, facility or administrative standards, that may be extended for an
				additional six months, if the board determines that the program is making
				active progress toward compliance.
2.11.c. "Full license" means a license issued
				for up to the maximum licensure period of three years, to programs that are in
				compliance with the standards established by the board and have no violations
				of safety or accountability standards that may threaten the health, well-being
				or safety of its program participants or staff, or the responsible operation of
				the program.