Webinar Slides on 28 CFR Part 90: Violence Against Women

28 CFR Part 90:
Violence Against Women
Marnie Shiels
Attorney Advisor
January 5, 2017

Structure of 28 CFR Part 90
• 	Subpart A – General Provisions
• 	Subpart B – STOP Violence Against Women
Formula Grant Program
• 	Subpart C – Repealed
• 	Subpart D – Arrest (ICJR) Program
• 	Provisions supplement rather than restate
statutory definitions, grant conditions, and
requirements

When does new rule take effect?
• 	Effective date of December 29, 2016
• 	Subpart A (definitions and grant conditions)
applies to all OVW FY 2017 grants and STOP and
SASP subgrants issued on or after 12/29/16
• 	Subpart B (STOP Rule) applies to all FY 2017
STOP grants and STOP subgrants issued on or
after 12/29/16

Definitions (90.2)
• 	Community-based program
• 	Forensic medical examination
• 	Prevention
• 	Prosecution
• 	Public agency
• 	Unit of local government
• 	Victim services division or component of an
organization, agency, or government

Confidentiality (90.4(b))
• 	Grantees and subgrantees shall not disclose
personally identifying information or individual
information collected in connection with services
requested, utilized, or denied through grantees’
and subgrantees’ programs, regardless of whether
the information has been encoded, encrypted,
hashed, or otherwise protected
• 	Grantees and subgrantees may release information
if there is a statutory or court mandate or victim
signs a release

Confidentiality (90.4(b))
• 	Clarifies that VAWA confidentiality provision
applies to disclosures from victim services
divisions/components of larger organizations to
non-victim services divisions/components or
organizational leadership

Confidentiality (90.4(b)) - Releases
• 	Written, informed, time-limited
• 	Must specify scope and limited circumstances
of disclosure (no blanket releases)
• 	Discuss with victim why information might be
shared, who would have access, and what
information could be shared (record in release)
• 	Specify duration - reasonableness depends on
situation
• 	Consent to release may not be requirement for
services

Confidentiality (90.4(b)) - Who can
sign a release?
• 	Victim
• 	Unemancipated minor victim:
▫ 	The minor 	and parent or guardian
▫ 	Parent or guardian not needed if minor allowed to
receive services without additional consent
▫ 	Abuser of minor or of other parent cannot consent
▫ 	If minor is incapable of knowingly consenting, then
parent or guardian (notify minor as appropriate)
• 	Legally incapacitated victim:
▫ 	Legally-appointed guardian

Confidentiality (90.4(b)(4)) - Fatality
Reviews
May share information about deceased victims with
fatality review 	if:
• 	Underlying objectives: prevent future deaths,
enhance safety, and increase offender
accountability
• 	Fatality review includes policies and protocols to
prevent further release
• 	Grantee/subgrantee makes reasonable effort to
get release from victim’s personal representative
and any surviving minor children
• 	Information released is limited to that necessary
for fatality review

Confidentiality (90.4(b)(5)) -
Inadvertent Release
• 	Grantees and subgrantees are responsible for
taking reasonable efforts to prevent
inadvertent release

Confidentiality (90.4(b)(6)) -
Assessment and Assurances
• 	Grantees and subgrantees must document
compliance with confidentiality requirements
• 	Applicants for OVW funds submit signed
acknowledgement of requirements, including
obligation to document compliance and
mandate subgrantee compliance

Victim Eligibility for Services (90.4(c))
• 	Victim eligibility for services is not dependent
on victim’s immigration status

Subpart B (STOP Program)
• 	Provides further information on the STOP
Violence Against Women Formula Grant
Program

State Office (90.11)
• 	State shall designate state office to develop
STOP implementation plan, make certifications,
submit STOP application, and administer funds
• 	Allocation Requirements:
▫ 	Courts, law enforcement, prosecution, victim
services
▫ 	Culturally specific allocation
▫ 	Sexual assault set aside
▫ 	Pass-through administration

Implementation Plans (90.12)
• 	4-year plans
• 	Updates required in years 2, 3, and 4
• 	Consultation must include both DV & SA
coalitions and DV & SA service providers
• 	Consultation with culturally specific
organizations and all tribes
• 	States encouraged to consult survivors but also
address safety and confidentiality in doing so

Implementation Plans - Planning
Committee (90.12(b)(7))
• 	At a minimum, must include:
▫ 	State DV and SA coalitions
▫ 	Law enforcement
▫ 	Prosecution
▫ 	Court
▫ 	Representatives from tribes, tribal organizations,
or tribal coalitions
▫ 	Population specific organizations - most
significant underserved and culturally specific
populations

Implementation Plans - Documentation
of Consultation (90.12(c))
• 	Specifies what documents states need to
submit to OVW and what they need to retain
but not submit

Implementation Plans - Underserved
Populations (90.12(e))
• 	Plan must address how state identifies
underserved populations and how it plans to
meet needs of such populations

Implementation Plans - Reducing Domestic
Violence Homicides (90.12(f))
• 	Plan must include goals and objectives for
reducing DV homicide, including:
▫ 	Available statistics on DV homicides in state
▫ 	Documentation of discussion about accuracy of
statistics and ways to address DV homicide
▫ 	Specific goals and objectives for reducing DV
homicides, including how to overcome state-
specific challenges

Implementation Plans - Additional
Contents (90.12(g))
• 	Demographic information
• 	How state will reach community-based
organizations
• 	How state will address needs of victims of 4
crimes and hold offenders accountable
• 	How state will ensure awareness of funding
• 	How state coordinated plan with other related
funding streams
• 	How states will select subgrantees
• 	Information on specific projects to be funded

Certifications
• 	90.13 - Forensic exam payment requirement
• 	90.14 - Judicial notification requirement
• 	90.15 - Costs for criminal charges and
protection orders
• 	90.16 - Polygraph testing prohibition

Subgranting of Funds (90.17)
• 	States must subgrant funds according to
statutory allocations for victim services, law
enforcement, prosecution, and courts
• 	Allowed up to 10% of each allocation for
administrative costs

Matching Funds (90.18)
• 	25% non-federal match required (except
territories) - amounts to tribes or to victim
service providers for victim services are
excluded (90.18(c))
• 	In-kind match (90.18(b))
• 	Waiver based on adequate demonstration of
financial need (90.18(d))

Reallocation of Funds (90.25)
• 	Returned funds – reallocate within reasonable
time before award end date
• 	Insufficient eligible applications:
▫ 	May reallocate but retain documentation
regarding solicitation and selection process
necessary to show lack of sufficient eligible
applications
▫ 	For culturally specific allocation, additional
documentation includes demographics and
outreach efforts

Questions?
 Marnie Shiels: marnie.shiels@usdoj.gov