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 191-2-3 - Licensing Standards for Domestic Violence Programs

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Domestic violence program requirements:
3.1.a. A domestic violence program shall have
				a mission statement that, among other things, acknowledges the existence of the
				program 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.
3.1.b. A domestic
				violence program shall have and enforce a written policy stating that victims
				have the right to make their own decisions, to retain the responsibility of
				their children, and to be free from violent behavior.
3.1.c. A domestic violence program shall have
				and enforce a written policy that preserves the individual's right of
				confidentiality and complies with all federal and state privacy laws. The
				written policy shall also include the following:
3.1.c.1. No licensed domestic violence
				program pursuant to this rule 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, except:
3.1.c.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;
3.1.c.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;
3.1.c.1.c. As mandated by article six-a,
				chapter forty-nine and article six, chapter nine of this code;
3.1.c.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 section;
3.1.c.1.e. To protect against a clear and
				substantial danger of imminent injury by a person receiving services to himself
				or herself or another;
3.1.c.2. In addition to the provisions set
				forth in this section, the release of a victim's personally identifying
				information is subject to the provisions of
				42 U.S.C. § 13925 (b) (2) .
3.1.c.3. No consent or authorization for the
				transmission or disclosure of confidential information is effective unless it
				is signed by the program participant whose information is being disclosed.
				Every person signing an authorization shall be given a copy.
3.1.c.4. A victim of domestic violence,
				dating violence, sexual assault, or stalking shall not be required to provide
				consent to release his or her personally identifying information as a condition
				of eligibility for the services, nor may any personally-identifying information
				be shared in order to comply with federal or state reporting, evaluation, or
				data collection requirements:
Provided,
That nothing in this
				section prohibits a program from reporting suspected abuse or neglect, as
				defined by law, when the program is mandated by law to report suspected abuse
				or neglect.
3.1.d. A
				domestic violence program shall have and enforce a written policy that requires
				all cases of suspected child abuse, child sexual abuse, and child abandonment
				be reported according to the requirement of W.Va. Code §
				49-6a-2.
3.1.e. A domestic violence
				program shall have and enforce a written policy that requires reporting of
				suspected abuse and neglect of an incapacitated adult or facility resident to
				adult protective services according to requirement of W. Va. Code §
										9-6-11.
3.1.f. Domestic violence program staff shall
				demonstrate knowledge of the Domestic Violence Act, W. Va. Code
				§§48-26 et seq., and provide that information to those individuals to
				whom it applies.
3.1.g. A domestic
				violence program shall, at a minimum, provide the following services:
3.1.g.1. Case management;
3.1.g.2. Advocacy;
3.1.g.3. Crisis Intervention;
3.1.g.4. Information and referral to other
				community resources;
3.1.g.5.
				Counseling, which may be provided within the program or arranged with other
				community agencies;
3.1.g.6.
				24-Hour Hotline Services;
3.1.g.7.
				Safety Planning;
3.1.g.8. Temporary
				Emergency Shelter;
3.1.g.9.
				Community Education, Awareness and Prevention activities; and
3.1.g.10. Sexual assault services unless
				already being provided by a local sexual assault program.
3.1.h. A domestic violence program shall
				ensure that all purchase of client service agreements are in writing. Those
				agreements shall contain all terms and conditions required to define the
				individuals to be served, the services to be provided, the procedures for
				payment and the payment amount.
3.1.i. A domestic violence program shall
				maintain appropriate outreach space.
3.1.j. A domestic violence program shall
				carry fire and liability insurance covering any individuals in its residential
				facility. In addition, the program shall have insurance which covers liability
				to third parties or individuals in residence arising from the use of any
				vehicle, whether owned or not owned by the facility, used by any of the
				program's staff or agents on program business.
3.1.k. A domestic violence program shall have
				a written policy of its referral process, admission policies, exit interview
				process, and follow-up procedures for clients.
3.1.l. A domestic violence program shall
				employ staff to cover the following areas: administration and supervision of
				the program; program direction to provide overall development; coordination of
				personnel and facilities; coordination of volunteer activities; direct resident
				services; case management; record keeping; and community education activities.
				Prior to accepting a person as an employee or volunteer in the domestic
				violence program, the program shall conduct a background /criminal records
				check.
3.1.m. A domestic violence
				program shall make available and display the telephone number of the Domestic
				Violence Services Complaint Toll Free Number at all locations.
3.1.n. Domestic Violence programs that own or
				lease buildings shall be in compliance with the American with Disabilities Act
				or make arrangements to accommodate individuals with special
				needs.