Title 191 W. Va. C.S.R.

Family Protection Services Board Family Protection Services Board

Series 01 Operation of the Family Protection Advisory Board

W. Va. Code R. § 191-1-1 General

1.1. Scope -- This rule establishes the operating procedures of the Family Protection Services Board.

1.2. Authority -- W. Va. Code §48-26-403.

1.3. Filing Date -- May 4, 2015.

1.4. Effective Date -- May 4, 2015.

W. Va. Code R. § 191-1-2 Definitions

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 §59-1-28-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.

2.12. “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.

2.13. “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.

2.14. “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.

2.15. “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.

2.16. “Partner Agencies” means state and community organizations whose mission and purpose require their response to the needs of victims of domestic violence and their children.

2.17. “Secretary” means the Secretary of the Department of Health and Human Resources.

2.18. “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.

W. Va. Code R. § 191-1-3 Purposes of the Board

3.1. The purposes of the Board are to receive and consider applications for licensure of domestic violence programs, batterer intervention and prevention programs and monitored parenting and exchange programs; assess the need for domestic violence programs, batterer intervention and prevention programs and monitored parenting and exchange programs, including the use of licensure pre-application and application processes; 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; allocate the Family Protection Fund and direct the Department of Health and Human Resources to distribute funds to licensed domestic violence programs in accordance with a formula determined by the board; submit an annual report on the status of licensed programs to the Governor and the Legislature’s Joint Committee on Government and Finance; and conduct hearings as necessary.

3.2.b. All meetings will be publicly announced in accordance with W. Va. Code §6-9A-3 with notice to the Secretary of State's Office. That notice shall include the time, place and purpose of the meeting. The Board shall, in accordance with state law, hold open meetings except when an executive session is necessary for the discussion of sensitive issues regarding the issuance, denial, or suspension of a license and Board personnel. This exception will be effective only with a consensus of the Board members present. If an emergency session is necessary, the Board shall file a notice with the Secretary of State’s Office any time prior to the meeting. Such notice shall state the time, place and purpose of the meeting.

3.2.c. Meetings may be held with a majority of the Board members present.

3.2.d. Officers will include a chair, a vice-chair, and a secretary/treasurer who will be selected on an annual basis. Terms of office will begin on July 1 of each year and will end the following June 30.

Selection shall be made by a majority of the constituent membership.

3.2.e. In the absence of the chair, the vice-chair or another member designated by the chair may conduct meetings of the Board.

3.2.f. The chair will have the following responsibilities and duties. (1) call and conduct all meetings; (2) participate in planning agendas for meetings; (3) speak as the official representative of the Board;(4)designate members of the board or members of the staff to appear on the board’s behalf before the Legislature and other forums; and (4) supervise the duties of the staff of the Board.

3.2.g. The vice-chair will assume any or all of the responsibilities and duties of the chair in the chair's absence, unless the chair designates a responsibility or duty to another member.

3.2.h. The Board shall hire or contract staff to complete the Board's work as necessary. Funds will be allocated for this purpose from the fifteen percent (15%) of funds allowed by law for the cost of administering provisions of §48-26-401(5).

3.2.i. Expenses incurred by Board members while pursuing the work of the Board shall be reimbursed by the funds designated for administrative activities. Board members shall, at all times, comply with the most current State of West Virginia travel regulations. The Board shall supply its members and staff with appropriate forms to request reimbursement. The designated members of the Board who serve by virtue of their positions shall request reimbursement for expenses through their employing agency or appointing committee.

3.2.j. The Board may advise the Secretary of the Department of Human Services and the chair of the Governor’s Committee on Crime, Delinquency and Correction on matters of concern relative to his or her responsibilities under W. Va. Code §§48-26-101 et seq. and the Board may delegate to the Secretary such powers and duties of the Board as the Board may deem appropriate to delegate, including, but not limited to, the authority to approve, disapprove, revoke or suspend licenses.

W. Va. Code R. § 191-1-4 Board Reports

The Board shall collect data about licensed programs for use in an annual report on the status of licensed programs to be submitted to the Governor and the Joint Committee on Government and Finance.

W. Va. Code R. § 191-1-5 Licensure of Domestic Violence Programs, Batterer Intervention and Prevention Programs, and Monitored Parenting and Exchange Programs

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.

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, or 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.

5.2. Issuance of a License

5.2.a. The Board shall issue an initial or renewal license to any organization which has been approved by the Board as having complied with all established standards set forth in this rule and in Series 2, 3, 4, or 5 of the Board’s rules or any rules subsequently promulgated. Compliance with the standards shall be evaluated by Board members, by Board staff, by other knowledgeable persons, or by any combination thereof as determined by the Board.

5.2.b. All initial licenses shall be valid for up to one (1) year. The Board may conduct licensure reviews at any time during the licensure period, and may downgrade, suspend or revoke a license. Every licensed program shall conspicuously display the license.

5.3. Review of Existing Licensure.

5.3.a. The Board shall review all licensed domestic violence, batterer intervention and prevention and monitored parenting and exchange programs prior to the expiration of the existing license. The review will be conducted using a checklist and documentation of compliance with the licensing standards found in Series 2 through 5 of the Board’s rules.

5.3.b. The Board shall assure an on-site review of the established standards found in this rule for at least one-half of all programs which are licensed for a year or less. Review of the remaining programs which are licensed for a year or less shall be determined by the Board. The Board shall conduct, prior to the expiration of the license, an on-site review of all programs which are licensed for more than one year.

The standards compliance review will be completed utilizing the most current revision of the standards checklist authorized by the Board.

5.3.c.1. Any areas of non-compliance shall be documented on the licensing review summary form by the person(s) authorized by the Board to conduct the review. The Board shall review each area of non-compliance and consider the relative risk it poses to the health, safety and well-being of individuals being served by the domestic violence, batterer intervention and prevention or monitored parenting and exchange program, and staff employed by the program.

5.3.c.2. The board may conduct licensure reviews at any time during the licensure period, and may downgrade, suspend or revoke a license.

5.3.d. The Board may contact the program’s partner agencies to determine program effectiveness in relationship to community needs.

5.4. Issuance of a Provisional or Conditional License. 5.4.a.

5.4.a.1. The Board may grant provisional licensure for up to one hundred and eighty days, to a program that is not in compliance with non-life threatening safety, programmatic, facility or administrative standards. A provisional license may be extended for up to an additional one hundred and eighty days, if the board, in its sole discretion, determines that the program is making active progress toward compliance.

5.4.a.2. The Board may grant conditional licensure for up to ninety days to a program that has violations of safety or accountability standards that may threaten the health, well-being or safety of its participants or staff, or the responsible operation of the program, or that have a history or pattern of noncompliance with established standards. If a program does not correct the violations within the conditional license period, the board may institute closure proceedings.

5.4.b. Upon a finding by the Board that a domestic violence, batterer intervention and prevention or monitored parenting and exchange program is not in compliance with this rule and is eligible for a provisional or conditional license, the Board shall give the program written notice of deficiency that shall include, but not be limited to the following:

5.4.b.1. A statement of program deficiencies or need for additional information.

5.4.b.2. A requirement to submit a plan of correction regarding the deficiencies or additional information.

5.4.b.3. A timeline for submission of the plan of correction or additional information.

5.4.b.4. A requirement that compliance occur within a time period set by the Board.

5.5. Revocation or Suspension of a License and Closure of a Licensed Program.

The Board may suspend or revoke a license and, in connection therewith temporarily or permanently close any domestic violence, batterer intervention and prevention or monitored parenting and exchange program that violates the standards established under Series 2, 3,4, or 5 of the Board’s rules, or that threatens the health, well-being or safety of its participants or staff, subject to the requirements in this rule regarding hearings under subsection 5.6.

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.

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.

5.5.a. 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. All other disciplinary actions by the board require a majority vote.

5.5.b. The Board shall send written notice of the license revocation or suspension by certified mail to the president of the domestic violence, batterer intervention and prevention, or monitored parenting and exchange program’s governing board. The notice shall include a statement of the program’s alleged violations of this rule. The program’s board of directors will have fifteen (15) days after receipt of the notice, to respond to the allegations. This response shall be in writing. If there is no written response, the Board will proceed with the revocation or suspension of the program’s license. The Board will not provide funds to a program whose license has been revoked or suspended; however, the board may temporarily or permanently close either the shelter component or the outreach component of a domestic violence program and the remaining component of the program may continue to be licensed and to receive funds.

5.6. Hearing Procedures: Judicial Review.

5.6.1. 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.

5.6.1.a. Hearings shall be held in accordance with the provisions of article five, chapter twenty-nine-a of this code.

5.6.1.b. 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:

5.6.1.b.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;

5.6.1.b.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;

5.6.1.b.3. The board may accept, reject, modify or amend the recommendations of the hearing examiner or administrative law judge; and

5.6.1.b.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.

5.6.2. 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.

5.6.3. 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.

5.6.4. The Board shall adopt policies and procedures related to hearings as defined in §48-26-408 by July 1, 2015.

W. Va. Code R. § 191-1-6 Domestic Violence Legal Services Fund

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.

W. Va. Code R. § 191-1-7 Confidentiality

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 48 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.

7.2. Batterer intervention and prevention program participants shall authorize the release of information by signing the following releases:

7.2.a. Allowing the provider to inform the victim or alleged victim and the victim’s advocates that the batterer is participating in a batterer intervention and prevention program with the provider and to provide information to the victim or alleged victim and her or his advocates, if necessary, for the victim’s or alleged victim’s safety;

7.2.b. Allowing prior and current service providers to provide information about the batterer to the provider;

7.2.c. Allowing the provider, for good cause, to provide information about the batterer to relevant legal entities, including courts, parole officers, probation officers, child protective services, adult protective services, law enforcement, licensed domestic violence programs, or other referral agencies;

7.2.d. Allowing the provider to report to the court, if the participation was court ordered, and to the victim or alleged victim, if she or he requests and provides a method of notification, and to his or her advocate, any assault, failure to comply with program requirements, failure to attend the program, threat of harm by the batterer, reason for termination and recommendations for changes in the court order; and

7.2.e. Allowing the provider to report to the victim or alleged victim, or his or her advocate, without the participant’s authorization, all perceived threats of harm, the participant’s failure to attend and reason for termination.

7.3. Monitored parenting and exchange programs may disclose 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.

7.4. Monitored parenting and exchange programs may not release information about the child without consent of the parent with custodial responsibility or guardian.

7.5. 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 all applicable federal laws.

7.6. 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.

7.7. 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.

W. Va. Code R. § 191-1-8 Americans with Disabilities Act Compliance

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.

Series 02 Domestic Violence Program Licensure Standards

W. Va. Code R. § 191-2-1 General

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 191CSR1.

1.2. Authority -- W. Va. Code §48-26-403.

1.3. Filing Date -- September 4, 2024.

1.4. Effective Date -- September 4, 2024.

1.5. Sunset Provision – This rule shall terminate and have no further force or effect on August 1, 2029.

W. Va. Code R. § 191-2-2 Definitions For purposes of these rules, the following definitions apply:

2.1. “Advocacy” means assisting victims and survivors of domestic and family violence, dating violence, sexual assault, stalking or human trafficking, and their children, in obtaining support and assistance 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 supportive services.

2.2. “Board” means the Family Protection Services Board created pursuant to Chapter 53 of the Acts of the Legislature of 1989 and subsequently recodified in §48‑26‑204.

2.3. “Certified Domestic Violence Advocate” means an advocate employed by a licensed domestic violence program who has been approved by the West Virginia Coalition Against Domestic Violence as meeting the eligibility standards outlined in the Coalition’s Domestic Violence Advocate Certification Program.

2.4. “Crisis Intervention” means a helping process that focuses on the resolutions of the immediate crisis through the use of personal, social, and environmental resources.

2.5. “Department” means the Department of Human Services.

2.6. “Direct Services” means acts of assistance provided directly to victims and survivors including, but not limited to, emergency shelter, crisis intervention, safety planning, 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.

2.7. “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 component, to victims and 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.

2.8. “Extension Space Services” means non-residential services provided by a licensed domestic violence program. Extension space services include, but are not limited to, crisis intervention, safety planning, housing assistance, legal advocacy, 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.

2.9. “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.

2.10. “Safety Planning” means a process where victims and survivors of domestic violence, dating violence, sexual assault, stalking or human trafficking, and their children, are assisted in identifying specific actions that help them maximize their safety.

2.11. “Shelter” means a physical shelter operated by a licensed domestic violence program where persons who are victims and survivors of domestic violence, dating violence, sexual assault, stalking or human trafficking, and their children may temporarily reside.

W. Va. Code R. § 191-2-3 Licensing Standards for Domestic Violence Programs

3.1. Domestic violence program requirements:

3.1.a. A domestic violence program shall have a mission statement that acknowledges the existence of the program for the primary purpose of providing services, comprising both a shelter component and an extension component, to victims and survivors 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 and survivors 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’s financial records shall be in compliance with accepted audit standards.

3.1.d. A domestic violence program shall maintain demographic and service records of individuals served.

3.1.e. 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.e.1. A licensed domestic violence program pursuant to this rule may not 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.e.1.a. Upon a written release, or upon oral consent in emergency situations, of the person seeking or who has sought services from the program;

3.1.e.1.b. In any proceeding brought under W. Va. Code §9-6-4, W. Va. Code §9-6-5 or W. Va. Code §49-2-801 et seq.;

3.1.e.1.c. As mandated by W. Va. Code §49-2-810 et seq., and W. Va. Code §9-6-1 et seq.;

3.1.e.1.d. Pursuant to an order of any court based upon a finding that the information is sufficiently relevant to a proceeding before the court to outweigh the importance of maintaining the confidentiality established by this section; and

3.1.e.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.e.2. In addition to the provisions set forth in this section, the release of a victim’s or survivor’s personally identifying information is subject to the provisions of 34 U.S.C. § 12291(b)(2).

3.1.e.3. No release 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 a release shall be given a copy.

3.1.e.4. A victim or survivor of domestic violence, dating violence, sexual assault, or stalking shall not be required to provide consent to release their 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.

3.1.f. 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 requirements of W. Va. Code §49-2-803.

3.1.g. 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 the requirements of W. Va. Code §9-6-11.

3.1.h. Information may be shared to assist a Fatality and Morality Review Team request made pursuant to W. Va. Code 61-12A-1, provided that:

3.1.h.1. The program participant is deceased;

3.1.h.2. All information disclosed to the Fatality and Mortality Review Team remains confidential pursuant to W. Va. Code 61-12A-4; and

3.1.h.3. The licensed program makes a reasonable effort to obtain a release from the victim's personal representative (if one has been appointed) and from the guardian of the victim’s children (but not if the guardian is the abuser of the deceased parent).

3.1.i. 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.j. A domestic violence program shall, at a minimum, provide the following individualized services:

3.1.j.1. Case management;

3.1.j.2. Advocacy;

3.1.j.3. Crisis intervention;

3.1.j.4. Information and referral to other community resources;

3.1.j.5. Counseling, which may be provided within the program or arranged with other community agencies;

3.1.j.6. Hotline services available 24 hours a day;

3.1.j.7. Safety planning;

3.1.j.8. Temporary emergency shelter;

3.1.j.9. Community education, awareness and prevention activities; and

3.1.j.10. Sexual assault services unless they are already being provided by a local sexual assault program.

3.1.k. 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.l. A domestic violence program shall maintain appropriate extension space in every county in their catchment area.

3.1.l.1. An extension space shall be available during established office hours, and accessible at other times by a toll-free telephone number.

3.1.l.2. An extension space 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 violence, dating violence, sexual assault, stalking or human trafficking, and their children.

3.1.l.3. Extension space services shall include, but not be limited to:

3.1.l.3.a. Case management;

3.1.l.3.b. Advocacy;

3.1.l.3.c. Community education, awareness and prevention activities;

3.1.l.3.d. Information and referral to other community resources;

3.1.l.3.e. Safety planning;

3.1.l.3.f. Crisis intervention;

3.1.l.3.g. Counseling, which may be provided within the program or arranged with other community agencies; and

3.1.l.3.h. Referral to shelter and housing services.

3.1.m. 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.n. 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 services; case management; record keeping; and community education activities.

3.1.o. Prior to accepting a person as an employee or volunteer in the domestic violence program, the program shall conduct a criminal background records check.

3.1.p. 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.q. 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.

3.1.r. Domestic violence programs are not required to have a shelter component if they meet the qualifications and provide the enhanced services pursuant to 28 CFR Part 90 and 45 CFR Part 1370.

3.2. Board of Directors.

3.2.a. A domestic violence program shall be governed by a board of directors that shall be responsible for and have authority over the policies and activities of the program, and that is broadly representative of the community served.

3.2.b. The board of directors shall adopt written by-laws and policies that define the powers and duties of the governing body, its committees, the executive director, and the advisory group, where one exists. Copies of the articles of incorporation and the by-laws shall be maintained by the board of directors.

3.2.c. The board of directors shall be responsible for ensuring the program's continual compliance and conformity with terms and conditions of all funding sources.

3.2.d. The board of directors shall require the program director to submit a written programmatic and financial report at each board meeting.

3.2.e. Every member of the board of directors shall disclose in writing any financial transactions with the program involving the member or her or his immediate family. The board of directors shall approve any contract or transaction of disclosure where financial interests of this nature have been made.

3.2.f. The board of directors shall designate an individual to act as program director and shall delegate the necessary authority to that person to manage the affairs of the program effectively.

3.2.g. The board of directors shall meet at a minimum on a quarterly basis and shall keep written minutes of all meetings, including attendance and whether or not a quorum was present.

3.2.h. The board of directors shall maintain a current listing of its members, including the name, the position, and the term of membership (if applicable) for each member.

3.2.i. The board of directors shall ensure that the domestic violence program is adequately funded and fiscally sound. To this end, the board of directors is responsible for the following:

3.2.i.1. Assessing the adequacy of operating funds for at least three months into the future, i.e., reserves, guarantee of loans or other funds and fees, and developing a fund-raising strategy when necessary;

3.2.i.2. Reviewing and approving the program’s annual budget;

3.2.i.3. Providing for an annual audit, or financial review as required by state and federal grants, of all accounts by an independent certified public accountant who is neither an employee of the program nor a member of the board of directors;

3.2.i.4. Monitoring disbursement of all funds on at least a quarterly basis to assure that they are made in accordance with the program’s objectives as specified by the board of directors;

3.2.i.5. Assuring that a program maintains liability insurance coverage for staff, volunteers, and members of the board of directors;

3.2.i.6. Assuring that the program requests and receives funding from public and multiple private sources; and

3.2.i.7. Assuring community support for the program, as demonstrated by in-kind or cash donations, or both.

3.2.j. A domestic violence program's board of directors shall adopt written personnel policies that:

3.2.j.1. Pertain to all paid or volunteer staff;

3.2.j.2. Specify actions that will be taken by the agency if personnel fail to comply with employee, contractor, or volunteer policies.

3.2.j.3. Include job descriptions and position qualifications for each position within the program;

3.2.j.4. Set forth, in written form, rules of conduct for personnel:

3.2.j.5. Require that individuals providing professional or therapeutic counseling, or professional social work, or both, have appropriate credentials and are licensed when applicable;

3.2.j.6. Assure that at least one-third of its direct service providers are certified by the West Virginia Coalition Against Domestic Violence Advocate Certification Program;

3.2.j.7. Provide new staff with orientation and training; and

3.2.j.8. Assure that all direct service staff attend at least two domestic violence advocate certification trainings per year approved by the West Virginia Coalition Against Domestic Violence.

W. Va. Code R. § 191-2-4 Health and Safety Licensing Standards for Domestic Violence and Culturally Specific Shelters

In addition to complying with the domestic violence program standards in sections 3 and 6 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 alcohol or illegal drug use within the shelter. A copy of the policies shall be supplied to and signed by residents to acknowledge their 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 areas, 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 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 that 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 that are clean and well ventilated;

4.2.k. Bathing, lavatory, and toilet facilities available on the premises that allow for individual privacy. These facilities shall 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. Resources for each resident to store medications in a manner that is inaccessible to other residents;

4.2.n. Resident access to electronic communication devices and internet; and

4.2.o. Securable external entrances or exits, including doors, windows, and skylights.

4.3. A shelter shall post in a conspicuous and accessible place current certificates indicating the facility is in compliance with all state and local fire and health requirements.

4.4. A shelter shall provide a clean and comfortable environment for residents. A shelter shall provide sufficient warmth during the cold months and ventilation during the warm months. Heaters and fireplaces with open flames shall not be used. Doors and windows that are open in warm weather shall have insect screening in good repair, with safety latches.

4.5. A shelter shall have supplies for personal hygiene available for all residents.

4.6. A shelter shall provide a safe play space for children. Any playground equipment shall be located, installed, and maintained in a safe manner.

4.7. A shelter shall provide a space that is distinct from the living area to serve as an administrative office and a private counseling office.

4.8. A shelter shall ensure that all structures and grounds of the facility are maintained in good repair and are reasonably free from foreseeable danger to health and safety.

4.9. A shelter shall provide non-combustible covered containers when garbage and rubbish is stored outside. Garbage shall be removed at least weekly.

4.10. A shelter shall have a written policy for obtaining alternative lodging, including hotels, to house victims or survivors when the residential facility is not appropriate or available, filled to capacity, or to meet individualized needs.

4.11. A shelter shall be staffed 24-hours per day by a trained staff person or trained volunteer when a resident is in the facility.

4.12. A domestic violence program shall carry fire and liability insurance covering any individuals in its residential facility. In addition, the program shall have insurance that covers liability to third parties or individuals in residence arising from the use of any vehicle, whether owned by the facility, or used by any of the program’s staff or agents on program business.

4.13. Residence in a shelter does not create a landlord/tenant relationship. The domestic violence program shall develop a policy for exiting residents and for providing follow up services for those who exit.

W. Va. Code R. § 191-2-5 Funding of Domestic Violence Programs

5.1. Annually licensed domestic violence programs will submit an application for funding to the Department using the most recent application form.

5.2. The following agencies and practitioners shall not be funded by the Family Protection Fund:

5.2.a. Agencies that provide counseling, therapy, and other social services to victims of domestic 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;

5.2.b. Agencies that were created or organized for the expressed purpose of providing services to homeless individuals and families; and

5.2.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.

Series 03 Perpetrator Intervention Programs Licensure

W. Va. Code R. § 191-3-1 General

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. -- May 4, 2015.

1.3. Effective Date. -- May 5, 2015.

W. Va. Code R. § 191-3-2 Definitions

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.

W. Va. Code R. § 191-3-3 Licensing Standards for Batterer Intervention and Prevention Programs

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 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.

3.2. Program Oversight.

3.2.a. A batterer intervention and prevention program shall be governed by a board of directors which shall be responsible for and have authority over the policies and activities of the program, and which is broadly representative of the community served.

3.2.b. Batterer intervention and prevention programs governed by community criminal justice boards shall provide proof of compliance with special conditions and assurances of Division of Justice and Community Services (DJCS) funding sources.

3.2.c. Non-profit agencies sponsoring batterer intervention and prevention programs shall have:

3.2.c.1. articles of incorporation;

3.2.c.2. 501c(3) Non-profit status;

3.2.c.3. a board of directors; and

3.2.c.4. written by-laws

3.2.d. The board of directors shall adopt, and review on a bi-annual basis, written by-laws and policies that define the powers and duties of the governing body, its committees, the executive director(s), and advisory group, where one exists. Copies of the articles of incorporation (if applicable) and the bylaws shall be maintained by the board of directors.

3.2.e. The board of directors is responsible for ensuring the program's continual compliance and conformity with terms and conditions of all funding sources.

3.2.f. The board of directors shall designate an individual or individuals to coordinate and manage the affairs of the batterer intervention and prevention program effectively and to submit a written programmatic and financial report at each board meeting.

3.2.g. Every member of the board of directors shall disclose in writing any financial transactions with the program in which any member of the board or her or his immediate family is involved.

3.2.h. The board of directors shall meet at a minimum on a quarterly basis and shall keep written minutes of all meetings, including attendance and whether or not a quorum was present.

3.2.i. The board of directors shall maintain a current listing of its members, including the name, the position, and the term of membership (if applicable) for each member.

3.2.j. The board of directors shall ensure that the program is adequately funded and fiscally sound. To this end, the board of directors is responsible for the following:

3.2.j.1. Reviewing and approving the program’s annual budget;

3.2.j.2. Providing for an annual audit of all accounts by an independent certified public accountant who is neither an employee of the program nor a member of the board of directors;

3.2.j.3. Monitoring disbursement of all funds on a quarterly basis to assure that they are made in accordance with the program’s objectives as specified by the board of directors;and

3.2.j.4. Assuring that the program maintains liability insurance for employees, volunteers, and members of the board of directors.

3.2.k. The batterer intervention and prevention program's board of directors shall adopt and monitor implementation of written personnel policies that shall, at a minimum:

3.2.k.1. Pertain to all paid and volunteer staff;

3.2.k.2. Specify actions that will be taken by the agency if the batterer intervention and prevention program personnel fails to comply with employee, contractor or volunteer policies, including written notification of the nature of misconduct or poor performance, the discipline being taken, the effective date of the discipline, future consequences for reoccurrence, and appeal rights. The policy shall allow the batterer intervention and prevention program personnel the opportunity to respond to the charges of misconduct or poor performance before a disciplinary decision is made.

3.2.k.3. Include written job descriptions and position qualifications for each position within the batterer intervention and prevention program; and

3.2.k.4. Set forth, in written form, rules of conduct for batterer intervention and prevention program personnel.

3.3. Staff Qualifications

3.3.a. Facilitators shall have a minimum of 30 hours of training approved by the Board, including, but not be limited to, the following:

3.3.a.1. The dynamics of domestic violence within the context of power and control;

3.3.a.2. The effects of domestic violence on victims and their children and the critical nature of victim contacts and safety planning;

3.3.a.3. The understanding that domestic violence is deeply rooted in historical attitudes toward women and other learned oppressive attitudes and behaviors.

3.3.a.4. The risks of homicide, suicide, further domestic violence or other violent aggressive behaviors and the access to or use of weapons.

3.2.a.5. Information on state and federal laws pertaining to domestic violence, including the policies affecting court-ordered program participants, orders of protection, child abuse, divorce and custody matters;

3.3.a.6. The role of the facilitator in the context of a coordinated community response to domestic violence;

3.3.a.7. Educating batterers on alternatives to violence and promoting healthy relationships based on equality and respect.

3.3.a.8. Dynamics involved in interpersonal relationships and knowledge of human behavior and development.

3.3.a.9. Understanding and preventing collusion.

3.3.a.10. Group process and facilitation skills training.

3.3.b. Facilitators shall have at a minimum a high school diploma or high school equivalency diploma.

3.3.c. Facilitators shall receive on an annual basis a minimum of three (3) hours of continuing education or training approved by the Board. The training shall include, but not be limited to, the following:

3.3.c.1. Domestic violence and substance abuse.

3.3.c.2. Domestic violence and the law;

3.3.c.3. Other issues which pertain to domestic violence.

3.3.c.4. Awareness and understanding of diversity and cultural differences;

3.3.c.5. Group process and facilitation skills training.

3.4. Quality Assurance - Programs shall have a formal procedure to evaluate, on an annual basis, all persons providing services for the batterer intervention and prevention program.

3.5. Intake - Criteria concerning a batterer’s appropriateness for the program.

3.5.a. A batterer shall be admitted to a batterer intervention and prevention program if ordered by a court or referred by a government agency to the program, and is assessed by the program to be eligible for participation. Each program shall have the discretion to accept self-referrals. An assessment shall be performed to:

3.5.a.1. Identify individuals who would benefit from concurrent mental health or substance abuse treatment programs.

3.5.a.2. Screen out those individuals from the program who have substance abuse problems or other impairments which make them unable to participate in the group intervention even with concurrent or preliminary treatment of those problems;

3.5.a.3. Screen out those individuals from the program who may be dangerous or have severe mental illness and would not benefit from the program.

3.5.b. Upon admittance to a batterer intervention and prevention program, the program facilitator shall complete a batterer intake form. The information shall be collected from the batterer and from independent sources that may include police reports and court records.

3.5.c. A batterer intervention and prevention program shall have a contract outlining the responsibilities of the batterer and the facilitator. The terms of the contract will be agreed to and signed by the batterer and the authorized program representative.

3.5.d. The contract shall require completion of at least 32 sessions.

3.6. Contact with Victims.

3.6.a. Contact with victims shall come from a licensed domestic violence program and all information for contacting the victim shall remain with a licensed domestic violence program, unless expressly provided otherwise by agreement between the licensed batterer intervention and prevention program and the licensed domestic violence program as defined in the memorandum of understanding between the batterer intervention and prevention program and the licensed domestic violence program.

3.6.b. In the event the contact of the victim and/or partner is done by the batterer intervention and prevention program personnel, they shall provide written information to the licensed domestic violence program, including the date and contact information.

3.6.c. Victim and/or partner contact procedures may also include informing the batterer’s victim and/or partner of class commencement and termination dates, and a duty to warn the victim and/or partner of any imminent danger from the batterer. Victims and/or partners may also receive written materials about the batterer’s class, detailing the limitations of the class’s effectiveness, the fact that the class is not intended to salvage relationships, and the necessity for victims to maintain a safety plan.

3.7. Participant Records and Program Plans.

3.7.a. A batterer intervention and prevention program shall maintain a written record for each individual who receives services from the program. The plan or contract shall be developed by program staff with the active participation of the participant and must be completed prior to the provision of services.

3.7.b. Individual participant records shall include service data from the time of initial contact until the time the program is concluded.

3.7.c. Individual participant case records maintained by a batterer intervention and prevention program shall contain an application form, which includes identifying data, eligibility factors pursuant to

section 3.5. of this rule, rights and responsibilities, participant signature and authorized staff signature.

3.7.d. A batterer intervention and prevention program shall maintain, if possible, a copy of orders of protection issued against a batterer enrolled in the batterer intervention and prevention program.

3.8. Confidentiality.

Every batterer intervention and prevention program shall have a written policy regarding disclosure of information to the individual or individuals named in any orders of protection which ordered the batterer to the program. There shall be a written agreement between the batterer and the program providing for disclosure of information to the victim and a waiver of confidentiality. The disclosure agreement shall be signed by the batterer.

3.8.a. Nothing in these rules prohibits a batterer intervention and prevention program from reporting suspected abuse or neglect, as defined by law, when the program is mandated by law to report suspected abuse or neglect. A batterer intervention and prevention program shall not be responsible to maintain confidentiality about the batterer in any proceeding brought under W. Va. Code sections four and five, article six, chapter nine or article six, chapter forty-nine or as mandated by article six-a, chapter forty-nine and article six, chapter nine.

3.8.b. Batterer intervention and prevention program participants shall authorize the release of information by signing the following releases:

3.8.b.1. Allowing the provider to inform the victim or alleged victim and the victim’s advocates that the batterer is participating in a batterer intervention and prevention program with the provider and to provide information to the victim or alleged victim and her or his advocates, if necessary, for the victim’s or alleged victim’s safety;

3.8.b.2. Allowing prior and current service providers to provide information about the batterer to the provider;

3.8.b.3. Allowing the provider, for good cause, to provide information about the batterer to relevant legal entities, including courts, parole officers, probation officers, child protective services, adult protective services, law enforcement, licensed domestic violence programs, or other referral agencies;

3.8.b.4. Allowing the provider to report to the court, if the participation was court ordered, and to the victim or alleged victim, if she or he requests and provides a method of notification, and to his or her advocate, any assault, failure to comply with program requirements, failure to attend the program, threat of harm by the batterer, reason for termination and recommendations for changes in the court order; and

3.8.b.5. Allowing the provider to report to the victim or alleged victim, or his or her advocate, without the participant’s authorization, all perceived threats of harm, the participant’s failure to attend and reason for termination.

3.8.b.6. The release of a victim’s personally identifying information is subject to the provisions of 42 U.S.C. § 13925(b)(2).

3.9. Reports The batterer intervention and prevention program shall provide a monthly report to a licensed domestic violence program or programs. This report shall contain the batterer’s attendance record, compliance with program rules, and class completion or termination. If the batterer’s participation is court ordered, this report shall also be forwarded to all appropriate supervising entities. In the event that a referral is deemed ineligible for the batterer intervention and prevention program, the referral source will be notified in writing of the reason for non-acceptance.

3.10. Batterer Intervention and Prevention Program Classes.

3.10.a. A batterer intervention and prevention program class shall last for a period of at least thirty-two in-person sessions with each session including at least ninety minutes of instruction time and shall include, but not be limited to, the following topics:

3.10.a.1. A model that depicts an overall system of physical, sexual, and emotional abuse where the batterer uses methods and tactics to maintain power and control over a victim.

3.10.a.2. The nature and effects of domestic violence;

3.10.a.3. The work that is necessary to bring about changes in the attitudes and beliefs that promote domestic and family violence.

3.10.a.4. The necessity for the maintenance of non-abusive behavior which includes learning non-violent conflict resolution, non-aggressive communication, and maintaining positive, healthy partnerships;

3.10.a.5. The importance of community services which allows batterers to give something of themselves back to the community and contribute to changing the climate that condones domestic and family violence;

3.10.a.6. Information about legal/social consequences of domestic violence.

3.10.b. The participant shall pay a fee for the batterer intervention and prevention program classes, unless waived by the program. The fee scale shall be determined by the batterer intervention and prevention program.

3.10.c. Facilitators of batterer intervention and prevention programs shall utilize a group education format with a staff ratio at a minimum of one (1) facilitator per twelve (12) batterers.

3.11. Interagency Cooperation.

A batterer intervention and prevention program shall initiate a written memorandum of understanding with a licensed domestic violence program. The memorandum of understanding shall be agreed upon and signed by both parties and a copy shall be sent to the Board. The memorandum of understanding shall include, but not be limited to the following:

3.11.a. Identification of liaison persons involved in the meeting to develop the memorandum of understanding;

3.11.b. Description of the formal process for exchanging information between agencies including safeguards for protecting victim safety and methods for victim contact;

3.11.c. Description of the batterer intervention and prevention program’s process of submitting monthly reports to the licensed domestic violence program;

3.11.d. Description of coordination, if any, of program plans;

3.11.e. Description of the process and timetables for the annual batterer intervention and prevention program evaluation;

3.11.f. Procedures for amending and or evaluating the memorandum of understanding annually with procedures for documentation of the date of this review.

3.12. Batterer’s Intervention and Prevention Program Annual Data.

By September 30 of each year, a batterer intervention and prevention program shall complete and submit data to the Board, to include but not be limited to the following data for the most recent fiscal year:

3.12.a. Attendance records of batterer(s) including reason(s) for repeated absences and average class attendance;

3.12.b. Number of individuals enrolled, number court ordered and number completing the program;

3.12.c. Number of and reason for termination without class completion;

3.12.d. Demographic information;

3.12.e. Types of referral sources;

3.12.f. Counties served and location of class sites;

3.12.g. Number of batterer intervention and prevention program classes provided.

3.12.h. Number of months in operation

3.12.i. Contact information for all current facilitators.

3.13. Americans with Disabilities Act Compliance.

All Batterer’s Intervention and Prevention Programs licensed pursuant to this rule which own or lease buildings shall be in compliance with Title III of the Americans with Disabilities Act requirements or make arrangements to accommodate individuals with special needs. ;

Series 04 Monitored Parenting and Exchange Program Certification

W. Va. Code R. § 191-4-1 General

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. -- May 4, 2015.

1.4. Effective Date -- May 4, 2015.

W. Va. Code R. § 191-4-2 Definitions

2.1. 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.

2.2. 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.

2.3. 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.

W. Va. Code R. § 191-4-3 Licensure Standards for Monitored Parenting and Exchange Programs

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 sub-division 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;

3.5. A monitored parenting and exchange program shall establish and report to a board of directors which shall meet at least quarterly and maintain minutes of all meetings, noting quorum status.

3.6. A monitored parenting and exchange program shall provide general liability insurance for board, staff, volunteers, and for participants utilizing the program.

3.7. A monitored parenting and exchange program shall maintain the following records:

3.7.a. A written personnel record for each employee or volunteer, including documents obtained or created by the program pertaining to the employee or volunteer.

3.7.b. Appropriate and accurate financial records. The records shall follow generally accepted accounting principles. Accounting and auditing procedures shall comply with the guidelines of the funding source(s).

3.7.c. A monitored parenting and exchange program shall have written policies and procedures for program evaluation that include:

3.7.c.1. An evaluation plan to determine the effectiveness of the program or service activities. Evaluation shall include participant input.

3.7.c.2. Statistics for evaluation and monitoring. Statistics shall be gathered in a manner that will not compromise client confidentiality.

3.7.c.3. A participant file for each participant which includes a copy of court order(s) if applicable, all intake information, a contract signed by the adults prior to using the program, written and signed releases of information, other agreements, and a record of each contact. Files are to be kept in a place not accessible to participants, and shall:

3.7.c.3.A. Include documentation of in-person intake interviews with each participant, including the children, conducted prior to the first visit, unless age inappropriate; and

3.7.c.3.B. Be updated after each parenting visitation or exchange to include:

3.7.c.3.C. Identifying client information;

3.7.c.3.D. Monitor name;

3.7.c.3.E. Date, time and duration of contact;

3.7.c.3.F. Who attended;

3.7.c.3.G. Account of critical incidents (violations of program guidelines);

3.7.c.3.H. Interventions made during the contact for the safety and well-being of participants, including early termination of the parenting visit with the reason for the intervention.

3.7.c.3.I. The reason or reasons for case closure.

3.8. A monitored parenting and exchange program shall assure that the facility:

3.8.a. Meets all local health and safety ordinances.

3.8.b. Complies with Americans with Disabilities Act (ADA) requirements or make arrangements to accommodate individuals with special needs.

3.8.c. Maintain procedures regarding cleanliness of all surfaces, supplies, and equipment children may come in contact with to reduce exposure to germs and contaminants.

3.9. A monitored parenting and exchange program shall assure the program staff and volunteer quality by the following:

3.9.a. Having written job descriptions and background/criminal record checks for staff and volunteers;

3.9.b. Requiring program staff who monitor parenting visits and exchanges to have a minimum of twenty (20) hours of orientation training and volunteers to have a minimum of eight (8) hours of orientation training that includes the following topics.

3.9.b.1. Confidentiality;

3.9.b.2. Recording observations;

3.9.b.3. General security issues and procedures;

3.9.b.4. Legal context, court procedures; and

3.9.b.5. Cultural sensitivity

3.9.b.6. Family violence, including spousal abuse and child abuse and neglect including mandated reporting procedures;

3.9.b.7. Substance abuse detection and education;

3.9.b.8. Dynamics of separation and divorce;

3.9.b.9. Sexual assault.

3.9.c. Requiring program staff to maintain certification in first aid, CPR and training in emergency response methods;

3.9.d. Requiring program staff who monitor parenting visits and exchanges shall complete a minimum of ten (10) hours and volunteers to complete a minimum of five (5) hours annually in continuing education or in-service training relevant to the exchange and parenting services being provided.

3.10. A monitored parenting and exchange program shall have a written security policy that includes, but is not limited to:

3.10.a. Evacuation procedures in case of fire or other emergency;

3.10.b. Handling of critical incidents such as violent, dangerous or inappropriate behavior by an adult or child;

3.10.c. Handling of medical emergencies;

3.10.d. Procedures for arrival and departure of participants so that contact between them does not occur without the explicit agreement of the parties and the monitored parenting and exchange program;

3.11. A monitored parenting and exchange program shall have a written policy about referrals, including, but not limited to:

3.11.a. Information to be obtained from the referring agency;

3.11.b. Criteria for accepting and refusing referrals;

3.11.c. Procedure for responding to referring agencies;

3.11.d. Procedure for referring participants to other services/agencies;

3.11.e. Procedure for serving self-referrals when the adult parties agree to the use of the program; and

3.11.f. Procedure for notifying the Courts of case closure.

W. Va. Code R. § 191-4-4 Confidentiality

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;

4.2. No monitored parenting and exchange program may release information about the child without consent of the parent with custodial responsibility or guardian.

4.3. In addition to the provisions set forth in this section, the release of a victims personally identifying information is subject to the provisions of 42 U.S.C. 13925(b)(2).

4.4. 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.

4.5. 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 rule 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.

Series 05 Perpetrator Intervention Programs Licensure for Correctional Institutions

W. Va. Code R. § 191-5-1 General

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. -- May 4, 2015.

1.4. Effective Date. -- May 4, 2015.

W. Va. Code R. § 191-5-2 Definitions

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.

W. Va. Code R. § 191-5-3 Licensing Standards for Correctional Batterer Intervention and Prevention Programs

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.

3.2. Implementation of correctional batterer intervention and prevention programs in one or more correctional facilities shall be directed by applicable Division of Corrections policy and/or procedure directives on each of the following issues:

3.2.a. Personnel qualifications and evaluations.

3.2.b. Program implementation.

3.2.c. Quality assurance.

3.2.d. Ethics.

3.2.e. Grievance procedures.

3.2.f. Confidentiality policies., including records management.

3.3. Staff Qualifications.

3.3.a. Facilitators shall have a minimum of thirty hours of training approved by the Family Protection Services Board, including, but not limited to, the following:

3.3.a.1. The dynamics of domestic violence within the context of power and control.

3.3.a.2. The effects of domestic violence on victims and their children and the critical nature of victim contacts and safety planning.

3.3.a.3. The understanding that domestic violence is deeply rooted in historical attitudes toward women and other learned oppressive attitudes and behaviors.

3.3.a.4. The risks of homicide, suicide, further domestic violence or other violent aggressive behaviors and the access to or use of weapons.

3.3.a.5. Information on state and federal laws pertaining to domestic violence, including the policies affecting court-ordered program participants, orders of protection, child abuse, divorce and custody matters.

3.3.a.6. The role of the facilitator within the group is to support and be a part of a community response to domestic violence.

3.3.a.7. Educating batterers on alternatives to violence and promoting healthy relationships based on equality and respect.

3.3.a.8. Dynamics involved in interpersonal relationships and knowledge of human behavior and development.

3.3.a.9. Understanding and preventing collusion.

3.3.a.10. Group process and facilitation skills training.

3.3.b. Facilitators shall have at a minimum a high school diploma or high school equivalency diploma.

3.3.c. Facilitators shall receive on an annual basis a minimum of three hours of continuing education or training approved by the Board. The training may include, but not be limited to, the following:

3.3.c.1. Domestic violence and substance abuse.

3.3.c.2. Domestic violence and the law.

3.3.c.3. Other issues which pertain to domestic violence.

3.3.c.4. Cultural sensitivity.

3.3.c.5. Group process and facilitation skills training.

3.4. Criteria concerning a batterer’s appropriateness for the program.

3.4.a. A batterer shall be admitted to a correctional batterer intervention and prevention program if ordered by a court or if that person is referred by the institutional case manager or correctional counselor to the program and is assessed by the program to be eligible for participation. An assessment shall be performed to:

3.4.a.1. Identify individuals who have impairments which may need modification to ensure they are able to fully participate in the program.

3.4.a.2. Screen out individuals from the program who may be dangerous or have severe mental illness and would not benefit from the program.

3.4.b. Upon an individual’s admittance to a correctional batterer intervention and prevention program, the program facilitator shall complete a batterer intake form. The information for the form shall be collected from the batterer, and police reports, court records, institutional records, or other from independent sources.

3.4.c. A correctional batterer intervention and prevention program shall have a contract outlining the responsibilities of the batterer and the facilitator. The terms of the contract shall be agreed to and signed by the batterer and the authorized program representative.

3.5. Facilitators of licensed correctional batterer intervention and prevention programs shall consult with their immediate supervisor and the facility victim service representative for any issues involving potential victim contact. The Division of Corrections victim service specialist shall be available for overseeing any victim contact where information is requested about an inmate that cannot be disclosed at the facility level.

3.6. Participant Records and Program Plans.

3.6.a. The plan or contract shall be developed by Division of Corrections program staff with the active involvement of the participant and must be completed prior to the provision of the program. A correctional batterer intervention and prevention program shall maintain the service plan or contract and a written record for each individual in the program.

3.6.b. Individual participant records shall include data from the time of initial contact until the time the program is concluded.

3.6.c. Individual participant case records maintained by a correctional batterer intervention and prevention program shall contain a screening form, which includes identifying data, eligibility factors pursuant to section 3.4, rights and responsibilities, and the participant signature and authorized staff signature.

3.6.d. A correctional batterer intervention and prevention program shall maintain, if possible, a copy of orders of protection issued against a batterer enrolled in the batterer intervention and prevention program.

3.7. Confidentiality.

Every correctional batterer intervention and prevention program shall have a written policy regarding disclosure of information. There shall be a written waiver of confidentiality signed by the group participant that:

3.7.a. Allows the provider to inform the victim or alleged victim and the victim's advocates that the batterer is participating in a batterer intervention and prevention program with the provider and to provide information to the victim or alleged victim and her or his advocates, if necessary, for the victim's or alleged victim's safety;

3.7.b. Allows prior and current service providers to provide information about the batterer to the provider;

3.7.c. Allows the provider, for good cause, to provide information about the batterer to relevant legal entities, including courts, parole officers, probation officers, child protective services, adult protective services, law enforcement, licensed domestic violence programs, or other referral agencies;

3.7.d. Allows the provider to report to the court, if the participation was court ordered, and to the victim or alleged victim, if she or he requests and provides a method of notification, and to his or her advocate, any assault, failure to comply with program requirements, failure to attend the program, threat of harm by the batterer, reason for termination and recommendations for changes in the court order; and

3.7.e. Allows the provider to report to the victim or alleged victim, or his or her advocate, without the participant's authorization, all perceived threats of harm, the participant's failure to attend and reason for termination.

3.8. Correctional Batterer Intervention and Prevention Program Classes.

3.8.a. A correctional batterer intervention and prevention program class shall last for a period of at least thirty-two in-person sessions and shall include, but not be limited to, the following topics

3.8.a.1. A model that depicts an overall system of physical, sexual and emotional abuse where the batterer uses methods and tactics of power and control over a victim.

3.8.a.2. The nature and effects of domestic violence.

3.8.a.3. The work that is necessary to bring about changes in the attitudes and beliefs that promote domestic and family violence.

3.8.a.4. The necessity for the maintenance of non-abusive behavior, which includes learning non-violent conflict resolution, non-aggressive communication and maintaining positive, healthy partnerships.

3.8.a.5. The importance of community services which allow batterer to give something of themselves back to the community and contribute to changing the climate that condones domestic and family violence.

3.8.a.6. Information about the legal and social consequences of domestic violence.

3.8.b. Facilitators of batterer intervention and prevention programs shall utilize a group education format with a staff ratio that averages one facilitator per twelve participants.

3.9. Correctional Batterer Intervention and Prevention Program Evaluation.

By September 30 of each year, a correctional batterer intervention and prevention program shall complete and submit to the Family Protection Services Board an annual evaluation for the preceding fiscal year as prescribed by the board. The evaluation shall include but not be limited to the following:

3.9.a. Number of months each batterer intervention and prevention program was in operation;

3.9.b. Number unduplicated enrollments;

3.9.c. Number of batterer intervention and prevention program classes provided;

3.9.d. Number of participants completing a class.

3.9.e. The average number of batterers attending each class; and

3.9.f. Current facilitator contact information.