reglab/statecodes huggingface dataset:
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 191-1-5 - Licensure of Domestic Violence Programs, Batterer Intervention and Prevention Programs, and Monitored Parenting and Exchange Programs

Current through Register Vol. XLI, No. 28, July 12, 2024
All domestic violence, batterer intervention and prevention
				  and monitored parenting and exchange programs must be licensed by the Board.
				  The Board shall enforce standards and a process for licensure.
The Board shall, by certified letter, notify any organization
				  operating without a license as a domestic violence, batterer intervention and
				  prevention program or a monitored parenting and exchange program of its right
				  to apply for licensure. The Board may petition the circuit court for an order
				  preventing the operation of any organization which refuses to obtain a license
				  as required under this rule and W. Va. Code §§
									48-26-101 et seq.
5.1. License Application
5.1.a.1. The Board shall establish
				preliminary application and full application forms for the initial licensing of
				domestic violence programs, batterer intervention and prevention programs and
				monitored parenting and exchange programs.
5.1.a.2. The organization must apply when it
				initially requests licensure and meet basic criteria as determined by the Board
				or when it wishes to reopen after closure.
5.1.a.3.To meet basic eligibility
				requirements an applicant for licensure must complete a preliminary application
				form to demonstrate local need for the proposed service, method of governance
				and accountability, administrative and programmatic design, and fiscal
				efficiency. The board shall respond in writing within sixty days of receipt of
				the preliminary application,
5.1.a.4. If the board approves the
				preliminary application, the applicant may complete a full application
				form.
5.1.a.5. The board shall
				determine whether all documentation set forth on the licensure checklist of the
				full application has been submitted, and may request supplemental or clarifying
				information or documentation.
5.1.a.6. The board shall grant or deny a
				license within sixty days of the receipt of the completed full application form
				and all supplemental or clarifying information or documentation requested by
				the board.
5.1.b. If the Board
				finds that an application contains deficiencies which do not require denial of
				application, a list of deficiencies will be provided to the applicant along
				with a due date for receipt of additional information.
5.1.c. The Board shall renew the licenses of
				all domestic violence, batterer intervention and prevention programs and
				monitored parenting and exchange programs that are in compliance with this rule
				and with Series 2, 3, 4 or 5 of the Board's rules. Forms for license renewal
				shall be distributed by the Board to licensed programs in a timely manner no
				later than the thirty-first day of March each year.
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 191-1-6 - Domestic Violence Legal Services Fund

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Fund allocation.
The Board annually allocates the Domestic Violence Legal
				  Services Fund for distribution by the Department. Any change in the amount
				  allocated shall be approved by the Board, based on the Board's determination of
				  need and a review of financial status by the Department.
6.2. Expenditures and Fees.
6.2.a. 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.
6.2.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:
6.2.b.1. A
				prevailing litigant is entitled by statute or common law to a reasonable
				attorney's fee, and
6.2.b.2. The
				prevailing litigant's legal counsel informs the court that no fee will be
				requested.
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 191-1-7 - Confidentiality

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. No program licensed by the Family
				Protection Services Board may disclose, reveal or release or be compelled to
				disclose, reveal or release, any written records or personal or personally
				identifying information about a program participant created or maintained in
				providing services, regardless of whether the information has been encoded,
				encrypted, hashed, or otherwise protected, pursuant to section 701, article 26,
				chapter 4 8 of W.Va. Code except:
7.1.a. Upon
				written consent, or upon oral consent in emergency situations defined by
				legislative rule, of the person seeking or who has sought services from the
				program;
7.1.b. In any proceeding
				brought under sections four and five, article six, chapter nine of this code or
				article six, chapter forty-nine of this code;
7.1.c. As mandated by article six-a, chapter
				forty-nine and article six, chapter nine of this code;
7.1.d. Pursuant to an order of any court
				based upon a finding that said information is sufficiently relevant to a
				proceeding before the court to outweigh the importance of maintaining the
				confidentiality established by this rule;
7.1.e. To protect against a clear and
				substantial danger of imminent injury by a person receiving services to himself
				or herself or another; or
7.1.f. As
				authorized by the releases signed by batterer intervention and prevention
				program participants pursuant to the provisions of Rule 7.2 below.
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 191-1-8 - Americans with Disabilities Act Compliance

Current through Register Vol. XLI, No. 28, July 12, 2024
All programs that own or lease buildings shall comply with
				  the American with Disabilities Act requirements or make arrangements to
				  accommodate individuals with special needs.
West Virginia Code of State Rules › Agency 191 - Family Protection Services Board › Title 191 - LEGISLATIVE RULE FAMILY PROTECTION SERVICES BOARD › Series 191-02 - Family Protection Programs, Outreach Services and Shelter › Section 191-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope -- This rule establishes general
				standards and procedures for the licensure of domestic violence programs as
				specified in W. Va. Code §
									48-26-401 and the Code of State
				Rules, Title 191, Series 1. The West Virginia Code is available in public
				libraries and on the Legislature's web page at
				http://www.legis.state.wv.us/.
1.2.
				Authority -- W. Va. Code §
									48-26-403.
1.3. Filing Date --
1.4. Effective Date 5/4/15
West Virginia Code of State Rules › Agency 191 - Family Protection Services Board › Title 191 - LEGISLATIVE RULE FAMILY PROTECTION SERVICES BOARD › Series 191-02 - Family Protection Programs, Outreach Services and Shelter › Section 191-2-4 - Additional Licensing Standards for Domestic Violence Shelters

Current through Register Vol. XLI, No. 28, July 12, 2024
In addition to complying with the domestic violence program
				  standards in Section 3 of this rule, domestic violence shelters, shall comply
				  with the following standards.
4.1. A
				shelter shall have written policies that prohibit the possession and use of
				weapons, except in the case of law enforcement officers who are on the premises
				acting in their official capacity, violence and drug or alcohol use within the
				shelter. A copy of the policies shall be supplied to and signed by residents to
				acknowledge agreement to adhere to the policies.
4.2. A shelter shall meet the applicable
				federal, state and local fire, health, and safety standards, including, but not
				limited to:
4.2.a. Smoke detectors on each
				floor, including in the sleeping area(s), the kitchen and the furnace
				areas;
4.2.b. A window or access to
				a fire escape from the sleeping areas;
4.2.c. At least one (1) fire extinguisher on
				each floor of the shelter and one located in the kitchen area;
4.2.d. Clear exits for escape in case of
				fire;
4.2.e. No lead
				paint;
4.2.f. Dead bolts used on
				shelter doors which are not double-keyed; it must be possible to release dead
				bolts from the inside without a key to allow for escape in case of
				fire;
4.2.g. Separate storage, out
				of the reach of children, of flammable, poisonous and caustic materials located
				in the shelter;
4.2.h. Childproof
				covers in electrical outlets not in use;
4.2.i. Nutritional meals, food storage,
				cooking facilities, refrigeration, utensils, and equipment;
4.2.j. Dining areas which are clean and well
				ventilated;
4.2.k. Bathing,
				lavatory and toilet facilities available on the premises which allow for
				individual privacy. These facilities must be maintained in good operating
				condition and must be cleaned on a regular basis;
4.2.l. Sleeping beds available for each
				resident; Cribs or playpens shall be available for infants and
				toddlers;
4.2.m. Centrally located
				secure storage with a double locking system for medications belonging to
				residents;
4.2.n.Resident access to
				telephones;
4.2.o. Securable
				external entrances or exits, including doors, windows, and skylights.
West Virginia Code of State Rules › Agency 191 - Family Protection Services Board › Title 191 - LEGISLATIVE RULE FAMILY PROTECTION SERVICES BOARD › Series 191-02 - Family Protection Programs, Outreach Services and Shelter › Section 191-2-5 - Licensing Standards for Domestic Violence Outreach Services

Current through Register Vol. XLI, No. 28, July 12, 2024
A domestic violence program must comply with the following
				  standards for outreach offices.
5.1.
				Outreach services shall be available during established office hours, and
				accessible at other times by a toll-free telephone number.
5.2. Outreach services shall be provided in a
				location in the county designated by the licensed domestic violence program
				that has suitable space and equipment for the provision of direct services to
				victims of domestic and family violence, dating violence, sexual assault,
				stalking or human trafficking, and their children.
5.3. Outreach services shall maintain
				demographic and service records of individuals served.
5.4. Outreach services' financial records
				shall be kept by the licensed domestic violence program and in compliance with
				accepted audit standards.
5.5.
				Outreach services shall include, but not be limited to:
5.5.a. Advocacy;
5.5.b. Community education, awareness and
				prevention activities;
5.5.c.
				Information and referral to other community resources;
5.5.d. Safety planning;
5.5,e. Crisis intervention;
5.5.f. Sexual assault services unless already
				being provided by a local sexual assault program;
5.5.g. Counseling, which may be provided
				within the program or arranged with other community agencies;
5.5.h. 24-hour hotline services;
				and
5.5.i. Case
				management.
West Virginia Code of State Rules › Agency 191 - Family Protection Services Board › Title 191 - LEGISLATIVE RULE FAMILY PROTECTION SERVICES BOARD › Series 191-02 - Family Protection Programs, Outreach Services and Shelter › Section 191-2-6 - Funding of Domestic Violence Programs

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Annually licensed domestic violence programs will submit an application for
				funding to DHHR using the most recent application form.
6.2. The following agencies and practitioners
				shall not be funded by the Family Protection Fund:
6.2.a. Agencies which provide counseling,
				therapy and other social services to victims of domestic and family violence,
				dating violence, sexual assault, stalking or human trafficking, and their
				children, but were not created or organized for the expressed purpose of
				serving such domestic violence, dating violence, sexual assault, stalking or
				human trafficking victims.
6.2.b.
				Agencies which were created or organized for the expressed purpose of providing
				services to homeless individuals and families.
6.2.c. Private practitioners who are
				providing services to victims of domestic and family violence, dating violence,
				sexual assault, stalking or human trafficking and their children.
West Virginia Code of State Rules › Agency 191 - Family Protection Services Board › Title 191 - LEGISLATIVE RULE FAMILY PROTECTION SERVICES BOARD › Series 191-03 - Perpetrator Intervention Programs Licensure › Section 191-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope -- This rule establishes general
				standards and procedures for licensed batterer intervention and prevention
				programs as specified in W. Va. Code §
									48-26-403 and the Code of State
				Rules, Title 191-Series 1. The West Virginia Code is available in public
				libraries and on the Legislature's web page at
				http://www.legis.state.wv.us/.
1.2.
				Authority -- W. Va. Code§
									48-26-403.
1.3. Filing Date -- June 23, 2003.
1.3. Effective Date 5/4/15.
West Virginia Code of State Rules › Agency 191 - Family Protection Services Board › Title 191 - LEGISLATIVE RULE FAMILY PROTECTION SERVICES BOARD › Series 191-03 - Perpetrator Intervention Programs Licensure › Section 191-3-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Board" means the Family Protection
				Services Board.
2.2. "Facilitator"
				means an individual who meets the minimum requirements outlined in Section 3.3.
				of this rule and who directly facilitates regularly scheduled classes for
				batterer of domestic violence.
2.3.
				"Power and Control" means the primary cause that gives rise to the occurrence
				of domestic violence and family violence. Factors such as alcohol, poverty,
				unemployment, stress, and substance abuse are conditions that contribute to the
				incidents of domestic violence and family violence but are not themselves the
				cause of domestic and family violence.
2.4. "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.
2.5. "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.
West Virginia Code of State Rules › Agency 191 - Family Protection Services Board › Title 191 - LEGISLATIVE RULE FAMILY PROTECTION SERVICES BOARD › Series 191-03 - Perpetrator Intervention Programs Licensure › Section 191-3-3 - Licensing Standards for Batterer Intervention and Prevention Programs

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Batterer intervention and prevention
				program requirements include the following:
3.1.a. A batterer intervention and prevention
				program shall have a written statement of purpose identifying the types of
				programming and the individuals eligible to receive services. The statement of
				purpose shall be available to the public on upon request.
3.1.b. The program shall have written
				policies regarding class fees and collection procedures.
3.1.c. The sponsoring agency of a batterer
				intervention and prevention program shall provide for appropriate class meeting
				space.
3.1.d. A batterer
				intervention and prevention program shall have a written description of its
				referral process, admission policies, exit interview process, and follow-up
				procedures.
3.1.e. A batterer
				intervention and prevention program shall employ or contract with staff to
				cover the following areas: class facilitation; administration and supervision
				of the program; program direction to provide overall development; coordination
				of personnel; volunteer activities; case supervision; direct services; record
				keeping; and community education activities. Volunteers may also be used for
				class facilitation.
3.1.f. A
				batterer intervention and prevention program shall make available and display
				the address and telephone number of the Domestic Violence Services Complaint
				Toll Free Number at all locations.
West Virginia Code of State Rules › Agency 191 - Family Protection Services Board › Title 191 - LEGISLATIVE RULE FAMILY PROTECTION SERVICES BOARD › Series 191-04 - Monitored Parenting and Exchange Program Certification › Section 191-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope - This rule implements the
				provisions of W.Va. Code
				48-26-403 and Code of State Rules
				Title 191-Series 1, relating to the standards and procedures for the licensed
				monitored parenting and exchange programs. The West Virginia Code is available
				in public libraries and on the Legislatures' web page at
				http://www.legis.state.wv.us/.
1.2.
				Authority -- W. Va. Code §
									48-26-403.
1.3. Filing Date --
1.4. Effective Date 5/4/15
West Virginia Code of State Rules › Agency 191 - Family Protection Services Board › Title 191 - LEGISLATIVE RULE FAMILY PROTECTION SERVICES BOARD › Series 191-04 - Monitored Parenting and Exchange Program Certification › Section 191-4-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.a. "Monitored parenting and exchange
				program" means a licensed program offered by a locally controlled non-profit
				organization for purposes of providing 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.
2.1.b. "Monitored parenting" means the
				contact between a parent without custodial responsibility, a 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.
2.1.c. "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 adults.
West Virginia Code of State Rules › Agency 191 - Family Protection Services Board › Title 191 - LEGISLATIVE RULE FAMILY PROTECTION SERVICES BOARD › Series 191-04 - Monitored Parenting and Exchange Program Certification › Section 191-4-3 - Licensure Standards for Monitored Parenting and Exchange Programs

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The purpose of licensure for a monitored
				parenting and exchange program is to assure the safety and welfare of the
				children, adults and program staff during monitored contact. Once safety is
				assured, the welfare of the child(ren) is the paramount consideration at all
				stages.
3.2 A monitored parenting
				and exchange program may be provided by an organization not incorporated by a
				larger body or by a subdivision of a larger organization. When monitored
				parenting and exchange services are provided by an agency whose primary mission
				is not monitored parenting and/or exchange, the agency shall be responsible for
				ensuring that staff or persons providing monitored parenting and exchange
				services are trained and qualified according to Section 3.7 of these rules and
				for providing services in conformity with all sections of these rules.
				Monitored parenting and exchange programs shall avoid dual roles, such as
				providing parenting/exchange services and also providing mediation of custody
				disputes or providing divorce counseling.
3.3 Nothing in these rules shall preclude a
				monitored parenting and exchange program from offering both monitored parenting
				and exchange services and supervised services.
3.4. A monitored parenting and exchange
				program shall establish written policies and procedures that shall include:
3.4.a. Services provided;
3.4.b. Confidentiality and release of
				information;
3.4.c. Participant
				acceptance and termination criteria;
3.4.d. Responsibilities of the
				participants;
3.4.e. Information to
				be gathered during the intake assessments;
3.4.f. Protocols for accepting and responding
				to concerns and complaints;
3.4.g.
				Documentation and record-keeping;
3.4.h. Reporting of criminal behavior and
				suspected abuse or neglect;
3.4.i.
				Hours of operation;
3.4.j.
				Fees;
3.4.k. Safety and security
				measures;
West Virginia Code of State Rules › Agency 191 - Family Protection Services Board › Title 191 - LEGISLATIVE RULE FAMILY PROTECTION SERVICES BOARD › Series 191-04 - Monitored Parenting and Exchange Program Certification › Section 191-4-4 - Confidentiality

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A monitored parenting and exchange
				program shall have a written confidentiality policy that preserves the
				participants' rights of confidentiality and complies with all state and federal
				privacy laws-including the following:
4.1.a.
				No licensed program may disclose, reveal or release or be compelled to
				disclose, reveal or release, any written records or personal or personally
				identifying information about a program participant created or maintained in
				providing services, regardless of whether the information has been encoded,
				encrypted, hashed, or otherwise protected, pursuant to this article
				except:
4.1.b. Upon written
				consent, or upon oral consent in emergency situations defined by legislative
				rule, of the person seeking or who has sought services from the
				program;
4.1.c. In any proceeding
				brought under sections four and five, article six, chapter nine of this code or
				article six, chapter forty-nine of the West Virginia code;
4.1.d. As mandated by article six-a, chapter
				forty-nine and article six, chapter nine of the West Virginia code;
4.1.e. Pursuant to an order of any court
				based upon a finding that said information is sufficiently relevant to a
				proceeding before the court to outweigh the importance of maintaining the
				confidentiality established by this rule;
4.1.f. To protect against a clear and
				substantial danger of imminent injury by a person receiving services to himself
				or herself or another; or
4.1.g. To
				disclose Monitored parenting and exchange program information to one parent or
				guardian, without the permission of the other parent or guardian, any perceived
				threat of harm or violation of the court order or violation of the monitored
				parenting and exchange program rules by the other parent or
				guardian;
West Virginia Code of State Rules › Agency 191 - Family Protection Services Board › Title 191 - LEGISLATIVE RULE FAMILY PROTECTION SERVICES BOARD › Series 191-05 - Perpetrator Intervention Programs Licensure for Correctional Institutions › Section 191-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule establishes general
				standards and procedures for the licensure of batterer intervention and
				prevention programs in correctional institutions as specified in W. Va. Code
				§
									48-26-403 and Code of State Rules,
				Title 191-Series 1. The West Virginia Code is available in public libraries and
				on the Legislature's web page at http://www.legis.state.wv.us/.
1.2. Authority. -- W. Va. Code §
									48-26-403.
1.3. Filing Date. --
1.4. Effective Date. 4/4/15
West Virginia Code of State Rules › Agency 191 - Family Protection Services Board › Title 191 - LEGISLATIVE RULE FAMILY PROTECTION SERVICES BOARD › Series 191-05 - Perpetrator Intervention Programs Licensure for Correctional Institutions › Section 191-5-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1 "Batterer intervention and prevention
				program (BIPP )" 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.
2.2. "Facilitator"
				means an individual who meets the minimum requirements outlined in Section 3.3.
				of this rule and who directly facilitates regularly scheduled batterer
				intervention and prevention classes for batterers of domestic violence or
				abuse.
2.3. "Power and Control"
				means the primary cause that gives rise to the occurrence of domestic violence
				and family violence. Factors such as alcohol, poverty, unemployment, stress and
				substance abuse are conditions that contribute to the incidents of domestic
				violence and family violence but are not themselves the cause of domestic and
				family violence.
2.4 "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 cohabitated, or 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.
West Virginia Code of State Rules › Agency 191 - Family Protection Services Board › Title 191 - LEGISLATIVE RULE FAMILY PROTECTION SERVICES BOARD › Series 191-05 - Perpetrator Intervention Programs Licensure for Correctional Institutions › Section 191-5-3 - Licensing Standards for Correctional Batterer Intervention and Prevention Programs

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Correctional
				batterer intervention and prevention program requirements are:
3.1.a. A correctional batterer intervention
				and prevention program shall have a written statement of purpose. The statement
				shall identify the types of services provided and the individuals to be served.
				The statement of purpose shall be available to the public on request.
3.1.b. A correctional batterer intervention
				and prevention program shall have a written description of its referral
				process, admission policies, and exit interview process.
West Virginia Code of State Rules › Agency 191 - Family Protection Services Board › Title 191 - LEGISLATIVE RULE FAMILY PROTECTION SERVICES BOARD › Series 191-05 - Perpetrator Intervention Programs Licensure for Correctional Institutions › Section 191-5-4 - Licensure of Correctional Perpetrator Intervention Programs

Current through Register Vol. XLI, No. 28, July 12, 2024
All family protection, perpetrator intervention programs shall be licensed by the Family Protection Services Board to provide services to victims and/or perpetrators. The Board shall enforce standards and establish a process for the annual licensure for all correctional perpetrator intervention programs in the state.
4.1. License Application.
4.1.a. The Board shall provide a standard license application to any correctional facility that wishes to establish a perpetrator intervention program upon request. The correctional facility must complete an application when it initially requests licensure or when it wishes to reopen after closure. After initial licensure, family protection and perpetrator intervention programs shall be evaluated by the Board on an annual basis. An on-site review will be conducted every two years
.
4.1.b. The Family Protection Services Board shall consider all applications submitted for licensure in light of the need for services, the ability of the applicant to successfully operate a perpetrator intervention program, the applicant's ability to obtain adequate funding for the delivery of services, the capacity of the program to comply with the Board's standards and the applicant's interest and ability to provide quality services.
4.1.c. If the Family Protection Services Board finds that an application contains deficiencies, the application and a list of deficiencies will be returned to the applicant, and the applicant will have thirty days to resubmit a revised application.
4.1.d. The Family Protection Services Board shall renew, on an annual basis, the licenses of all correctional perpetrator intervention programs that are in compliance with this rule. Forms for license renewal shall be distributed by the Board to the Division of Corrections in a timely manner no later than the fifteenth day of March each year.
4.1.e. The Family Protection Services Board shall, by certified letter, notify any organization operating without a license as a perpetrator intervention program of its right to apply for licensure. The Board shall petition the circuit court for an order preventing the operation of any organization which refuses to obtain a license as required under this rule and W. Va. Code §§
										48-26-101 et seq.
West Virginia Code of State Rules › Agency 192 - Deaf And Hard Of Hearing › Title 192 - LEGISLATIVE RULE WEST VIRGINIA COMMISSION FOR THE DEAF AND HARD OF HEARING › Series 192-01 - Fees For Qualified Interpreters › Section 192-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This legislative rule establishes fees for the services of qualified interpreters for a deaf person in certain legal proceedings.
1.2. Authority. -- W. Va. Code §
									5-14A-9.
1.3. Filing Date. -- April 12, 2012.
1.4. Effective Date. -- April 12, 2012.
1.5. Application. -- This rule applies to any court, department, board, commission, agency, licensing authority, political subdivision or municipality of the state which is required under the provisions of W. Va. Code §
									5-14a-1 et seq. to provide an interpreter in certain legal proceedings for an individual who is deaf.
1.6. Enforcement. -- This rule is enforced by the commissioner of the commission for the deaf and hard of hearing.
West Virginia Code of State Rules › Agency 192 - Deaf And Hard Of Hearing › Title 192 - LEGISLATIVE RULE WEST VIRGINIA COMMISSION FOR THE DEAF AND HARD OF HEARING › Series 192-01 - Fees For Qualified Interpreters › Section 192-1-4 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
Those persons adversely affected by the enforcement of this rule who desire a contested case hearing to determine any rights, duties, interests, or privileges, shall do so in a manner prescribed in W. Va. Division of Health Procedural Rules, Rules of Procedure for Contested Case Hearings and Declaratory Rulings, 64CSR1.
Table 192-1-A. Minimum Fees.
QUALIFIED INTERPRETER LEVEL
MINIMUM
HOURLY RATE*
CSC, CT & CI, RSC, CDI-P, SC:L, SC:PA, OIC:C, NAD Level V, NIC Master
$50.00
CI or CT, NAD Level IV, NIC Advanced, WVRIT Level IV
$45.00
IC, TC, IC/TC, OIC:S/V, OIC:V/S, NAD Level III, NIC, WVRIT Level III
$40.00
NAD Level II, WVRIT Level II
$25.00
NAD Level I, WVRIT Level I
$20.00
NON-CERTIFIED/NON-SCREENED
$15.00
Assignments on weekends or between 10:00 PM - 7:00 AM
Hourly Rate plus $5.00 per hour
*If an interpreter works an assignment for more than one (1) hour without a team interpreter, then an extra $10.00 shall be added per hour.
West Virginia Code of State Rules › Agency 192 - Deaf And Hard Of Hearing › Title 192 - LEGISLATIVE RULE WEST VIRGINIA COMMISSION FOR THE DEAF AND HARD OF HEARING › Series 192-02 - Meetings And Bylaws › Section 192-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This procedural rule sets forth the means by which notice of meetings of the commission is given to the public and the news media and also establishes bylaws for the commission. This rule should be read in conjunction with W. Va. Code ''5-14-1 et seq. (West Virginia Commission for the Deaf and Hard-of-Hearing), 6-9A-1 et seq. (Open Governmental Proceedings) and 29B-1-1 et seq. (Freedom of Information), all available in public libraries and on the internet at
http://www.legis.state.wv.us/
.
1.2. Authority. -- W. Va. Code '6-9A-3.
1.3. Filing Date. -- June 2, 2000.
1.4. Effective Date. -- August 1, 2000.
1.5. Application. -- This rule applies to the commission, its staff and individuals desiring to attend commission meetings or address the commission.
1.6. Enforcement. -- This rule is enforced by the chairperson of the commission with the assistance of the executive director of the commission.
West Virginia Code of State Rules › Agency 192 - Deaf And Hard Of Hearing › Title 192 - LEGISLATIVE RULE WEST VIRGINIA COMMISSION FOR THE DEAF AND HARD OF HEARING › Series 192-02 - Meetings And Bylaws › Section 192-2-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. This rule incorporates the definitions in W. Va. Code '6-9A-2 of the Open Governmental Proceedings Law.
2.2. Commission. - The West Virginia Commission for the Deaf and Hard-of-Hearing continued by W. Va. Code '5-14-3 within the Department of Health and Human Resources.
West Virginia Code of State Rules › Agency 192 - Deaf And Hard Of Hearing › Title 192 - LEGISLATIVE RULE WEST VIRGINIA COMMISSION FOR THE DEAF AND HARD OF HEARING › Series 192-02 - Meetings And Bylaws › Section 192-2-3 - Meetings; Notice; Public and Media Attendance; Interpreters

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Regular and Special Meetings.
3.1.a. Notice.
3.1.a.1. The chairperson or executive director notifies the public and the news media of a regular or special meeting by filing a notice of the meeting with the Secretary of State for publication in the State Register. The notice states the date, time, place and agenda of the meeting and is filed in time to allow the notice to appear in the State Register at least five (5) days prior to the date of the meeting.
West Virginia Code of State Rules › Agency 192 - Deaf And Hard Of Hearing › Title 192 - LEGISLATIVE RULE WEST VIRGINIA COMMISSION FOR THE DEAF AND HARD OF HEARING › Series 192-02 - Meetings And Bylaws › Section 192-2-4 - Cancellation of Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Meetings may be canceled by the chairperson or the executive director, and the chairperson or the executive director notify members of the cancella­tion.
4.2. Immediately upon meeting cancellation, the chairperson or executive director file a public notice of the cancellation with the Secretary of State.
West Virginia Code of State Rules › Agency 192 - Deaf And Hard Of Hearing › Title 192 - LEGISLATIVE RULE WEST VIRGINIA COMMISSION FOR THE DEAF AND HARD OF HEARING › Series 192-02 - Meetings And Bylaws › Section 192-2-5 - Open and Electronic Meetings; Executive Sessions

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Meetings of the commission are open to the public, but executive sessions may be held during meetings as provided in W. Va. Code '6-9A-4.
5.2. The commission may hold an executive session only upon a majority affirmative vote of the members present and after the chairperson has announced the specific authority in W. Va. Code '6-9A-4 for the executive session.
5.3. No decision is made in executive session.
5.4. The commission permits members of the public to address the commission for a reasonable time.
5.5. Meetings may be held by telephone conference or other electronic means if provision is made for interested members of the public to follow the proceedings as they occur and to address the commission.
West Virginia Code of State Rules › Agency 192 - Deaf And Hard Of Hearing › Title 192 - LEGISLATIVE RULE WEST VIRGINIA COMMISSION FOR THE DEAF AND HARD OF HEARING › Series 192-02 - Meetings And Bylaws › Section 192-2-6 - Minutes and Records

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The commission provides for the preparation of written minutes of its meet­ings. Minutes of meetings except minutes of executive sessions, if any are taken, are available to the public within a reasonable time after the meeting and include at least the following information:
6.1.a. The date, time and place of the meeting;
6.1.b. The name of each member and whether he or she was present or absent;
6.1.c. The text and disposition of each motion, proposal, resolution, or measure proposed;
6.1.d. The name of the person who made the motion, proposal, resolution, or measure; and
6.1.e. The results of votes and, upon the request of a member, the vote of each member by name.
West Virginia Code of State Rules › Agency 192 - Deaf And Hard Of Hearing › Title 192 - LEGISLATIVE RULE WEST VIRGINIA COMMISSION FOR THE DEAF AND HARD OF HEARING › Series 192-02 - Meetings And Bylaws › Section 192-2-7 - Deliberation and Voting

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The commission deliberates and votes in accordance with W. Va. Code '6-9A-8 so as to enable the public to understand what is being deliberated or voted upon.
7.2. The public vote of a majority of the members present after a quorum is necessary for the commission to take action.
7.3. Ex officio members are voting members.
7.4. Proxy voting is prohibited.
West Virginia Code of State Rules › Agency 192 - Deaf And Hard Of Hearing › Title 192 - LEGISLATIVE RULE WEST VIRGINIA COMMISSION FOR THE DEAF AND HARD OF HEARING › Series 192-02 - Meetings And Bylaws › Section 192-2-8 - Election and Duties of Officers; Committees; Appointment of Executive Director and Other Personnel

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The members annually elect a chairperson and may elect other officers and assign duties.
8.2. If a vice-chairman is elected, he or she assumes the duties of the chairperson in the absence of the chairperson.
8.3. The duties of the chairperson are to:
8.3.a. Preside at and conduct meetings according to Robert's Rules of Order when such rules are applicable and not inconsistent with this rule;
8.3.b. Appoint members to serve on committees as may be created by the commission; and
8.3.c. Perform such other functions as pertain to the office of chairperson.
West Virginia Code of State Rules › Agency 192 - Deaf And Hard Of Hearing › Title 192 - LEGISLATIVE RULE WEST VIRGINIA COMMISSION FOR THE DEAF AND HARD OF HEARING › Series 192-02 - Meetings And Bylaws › Section 192-2-9 - Resignation of Members

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. A member who does not serve ex officio and who desires to resign shall send a letter of resignation to the governor with a copy to the chairperson.
West Virginia Code of State Rules › Agency 192 - Deaf And Hard Of Hearing › Title 192 - LEGISLATIVE RULE WEST VIRGINIA COMMISSION FOR THE DEAF AND HARD OF HEARING › Series 192-03 - Establishment Of Required Qualifications And Ethical Standards For Interpreters And Transliterators › Section 192-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule is intended to ensure that the West Virginia commission for the deaf and hard of hearing shall establish, maintain and coordinate a statewide service to provide courts, legislative bodies, state and local government entities and others with a list of qualified and certified interpreters for the deaf and a list of qualified and certified teachers of American Sign Language. Furthermore, the commission shall establish required qualifications and ethical standards for interpreters, a mechanism for approval of interpreters, the monitoring and investigation of interpreters and the suspension and revocation of approvals. The commission may conduct interpreter evaluations and collect and expend funds. These goals are set out in W. Va. Code §
									5-14-5.
1.2. Authority. -- W. Va. Code §
									5-14-5.
1.3. Filing Date. -- April 12, 2012.
1.4. Effective Date. -- April 12, 2012.
1.5. Applicability. -- This rule applies to all persons or entities as defined in W. Va. Code §
									5-14-5 and to all other persons or entities engaging in the provision of interpreting for the deaf or hard of hearing in West Virginia including but not limited to individuals holding the following qualifications:
1.5.a. Certificate of Interpretation (CI) and/or Certificate of Transliteration (CT) certified by the Registry of Interpreters for the Deaf (RID);
1.5.b. Certified Deaf Interpreters (CDI) certified by Registry of Interpreters for the Deaf (RID);
1.5.c. NAD Certificate level III, IV, or V certified by the National Association of the Deaf (NAD);
1.5.d. National Interpreter Certification (NIC) levels NIC, NIC Advanced, or NIC Master, certified by the National Council on Interpreting (NCI);
1.5.e. Qualified community interpreters, uncertified; interpreting services can be provided only if the deaf or hard of hearing client(s) request or approve of the services;
1.5.f. Educational interpreters working in public schools in compliance with the standards set by West Virginia Department of Education (WVDE) Board Policy 5202.
West Virginia Code of State Rules › Agency 192 - Deaf And Hard Of Hearing › Title 192 - LEGISLATIVE RULE WEST VIRGINIA COMMISSION FOR THE DEAF AND HARD OF HEARING › Series 192-03 - Establishment Of Required Qualifications And Ethical Standards For Interpreters And Transliterators › Section 192-3-3 - Registry of interpreters working in West Virginia

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. General Requirements. -- The secretary shall be responsible for maintaining a registry of all interpreters working in West Virginia.
3.2. Registry. -- The commission shall establish a registry of all certified and qualified interpreters working in West Virginia. All interpreters working in the public school systems, including personnel classified as an interpreter shall register.
3.3. Registry Requirements. -- All interpreters of the deaf working in West Virginia shall register with the Commission.
3.4. Exceptions. -- The following individuals are exempt from registration:
3.4.a. An individual engaged in interpreting at a worship service conducted by a religious entity and services for educational purposes for a religiously affiliated school;
3.4.b. An individual engaged in sign language interpreting during an emergency, when a delay in registering might lead to injury or loss to the individual requiring the services;
3.4.c. An individual engaged in interpreting as part of a supervised internship or practicum at an accredited college or university or RID, NAD or other organization providing supervised internships;
3.4.d. An individual who is certified by NAD, RID, or NCI from outside West Virginia who provides interpreting services in West Virginia for a period not to exceed ten calendar days per calendar year;
3.4.e. An individual who engages in interpreting strictly as a volunteer without paid compensation.
West Virginia Code of State Rules › Agency 192 - Deaf And Hard Of Hearing › Title 192 - LEGISLATIVE RULE WEST VIRGINIA COMMISSION FOR THE DEAF AND HARD OF HEARING › Series 192-03 - Establishment Of Required Qualifications And Ethical Standards For Interpreters And Transliterators › Section 192-3-4 - Qualifications for Interpreters

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Certified Interpreters. -- All certified interpreters in good standing with their certifying organization and RID shall be recognized as qualified by the commission.
4.2. State Certified Interpreters. -- Interpreters certified by another state will be recognized as qualified.
4.3. Educational Interpreters. -- All educational interpreters employed in public schools in West Virginia who are in compliance with standards set by the West Virginia Board of Education Policy 5202 shall be recognized as qualified.
4.4. Non-certified/ Non-screened Interpreters. -- Any interpreter who is not certified and is not an employee of a public educational facility shall be recognized as qualified for an assignment only if certified interpreters are unavailable and provided both the deaf or hard of hearing client and the service provider are satisfied with the interpreting service. Because different assignments may require different levels of qualification, a non-certified/non-screened interpreter who is considered qualified for one assignment may not be qualified for a different assignment.
4.5. Deaf Interpreters. -- Deaf or hard of hearing interpreters who have demonstrated a minimum of one year experience working as an interpreter and completed training required by RID shall be considered qualified interpreters.
West Virginia Code of State Rules › Agency 192 - Deaf And Hard Of Hearing › Title 192 - LEGISLATIVE RULE WEST VIRGINIA COMMISSION FOR THE DEAF AND HARD OF HEARING › Series 192-03 - Establishment Of Required Qualifications And Ethical Standards For Interpreters And Transliterators › Section 192-3-5 - Evaluations of Interpreters

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Evaluations. -- The commission shall collaborate with national organizations to provide evaluation opportunities to interpreters.
5.2. The commission is a local test administrator (LTA) for the EIPA program. EIPA evaluations shall be available to educational interpreters working for public schools in West Virginia, pursuant to regulations adopted by the commission.
5.3. National certification testing shall be offered by the commission in conjunction with RID and NCI, as determined by both organizations and the commission.
5.4. Application fees for evaluations shall be set by the national organizations providing certification or evaluation.
5.5. The commission may assess additional fees or travel reimbursement for test administration.
West Virginia Code of State Rules › Agency 193 - Technology-Related Assistance Revolving Loan Fund For Individuals with Disabilities Board › Title 193 - LEGISLATIVE RULE WEST VIRGINIA TECHNOLOGY-RELATED ASSISTANCE REVOLVING LOAN FUND FOR INDIVIDUALS WITH DISABILITIES BOARD › Series 193-01 - WV Technology Related Assistance Revolving Loan Fund For Individuals with Disabilities › Section 193-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule applies to the procedures and
				  standards applicable to the West Virginia Technology-Related Assistance
				  Revolving Loan Fund For Individuals With Disabilities, a statewide program for
				  making loans from a revolving fund to qualified borrowers to improve the
				  independence of or to otherwise assist West Virginia residents with
				  disabilities in becoming more productive members of the community. The West
				  Virginia Technology - Related Assistance Revolving Loan Fund For Individuals
				  With Disabilities board may make loan funds available to qualified borrowers
				  for approved purposes in accordance with this rule.
1.2. Authority. -- W. Va. Code '29-24-5(a)(3).
1.3. Filing Date. -- May 24, 1999.
1.4. Effective Date. -- May 24,
				  1999.