Wyo. Code R. 015-0012-11
Effective Date: 10/25/2005 to Current
Rule Type: Current Rules & Regulations
Reference Number: 015.0012.11.10252005
(a) Wyo. Stat. § 1-40-118 and § 9-1-638 require the Division of Victim Services (Division) to establish eligibility requirements and review and evaluate all programs receiving appropriated funds.
(a) These rules set forth requirements established by the Division for victim service providers serving victims of all crimes receiving appropriated funding.
(b) Victim service providers serving victims of all crimes who contract with the Division for funds from the following sources are subject to these rules:
(a) The governing body shall ensure program accessibility and ADA compliance.
(b) The governing board or its authorized representative shall formally notify the Division's designated representative within 3 business days if there is any change in the program director or equivalent position and inform the Division of any interim contact person.
(c) In the event of concerns of misappropriations of funds, criminal investigation of the governing body, program director or other allegations of illegal activity related to the program, the governing body shall inform the Division in writing within 5 business days.
(d) The governing body shall prevent conflicts of interest between individual governing body members and the program.
(a) Each position or volunteer whose position involves contact with children in the course of their program duties must have a child abuse registry background check completed before beginning their duties.
(b) Program personnel policies shall be explained to each employee and volunteer. Personnel policies shall be available in written or electronic form to employees and volunteers.
(c) There shall be a file maintained on each staff member and volunteer which includes at a minimum, a confidentiality statement signed by the staff member or volunteer and documentation of all training completed.
(d) Each program shall designate at least one staff person to be responsible for volunteers.
(a) All staff and volunteers shall complete 40 hours of initial training. Paid staff shall complete the training within the first three months of employment. Volunteers must complete the training before providing direct services. Training shall include:
(xii) Homicide and Death Notification;
(xiii) Restorative Justice; and
(xiv) The Community Network System.
(b) Ongoing training requirement: Paid staff shall complete 10 hours of annual training after the first year of employment.
(a) Programs shall minimally provide, make available, or assist victims with the following:
(i) Crisis intervention by advocates immediately after a crime;
(ii) Assistance and support during criminal justice proceedings, including post-conviction assistance;
(iii) Information on compensation and assistance in filing claims;
(iv) Emergency financial and shelter assistance;
(v) Provide referrals to other service providers as needed; and
(vi) Assistance in securing victims rights and intervening as needed with employers, creditors and others.
(b) Programs shall have a public office and availability of services shall be publicized in the program’s service area.
(a) The program shall if possible obtain a signed statement from each victim it serves verifying the limits of the confidentiality the program can assure the victim have been made known to the victim. The program shall retain a copy of the signed statement in the victim’s file. If it is not possible to obtain a signed statement from the victim, the program shall document the limits of the confidentiality the program can assure have been communicated to the victim.
(b) The program shall note in the victim’s file referrals to other service providers.
(c) The program shall disclose information as required by state law.
(d) Volunteers shall be excluded from access to confidential victim information except in regard to the writing of individual case notes regarding the victim to whom they have provided services, and when directed by the program director.
(a) The Program shall submit to the Division the following statistical and financial reports in the formats required by the Division.
(b) The program shall maintain time records on all employees whose salaries are paid in part or in whole with state and federal monies.
(c) Programs shall keep a file on each victim served. The files should minimally include an intake sheet, description of the situation, offender information, what services (including emergency financial assistance) provided and referrals made. Victim files shall be maintained for four (4) years from the last date of service. If the victim's file is destroyed after the four (4) year period, the files shall be destroyed in a manner that prevents the victim from being identified.
(a) In addition to on-site evaluation, programs may be requested by the Division to supply documentation supporting a finding of substantial compliance. The Division shall make such requests in writing and shall outline the issues related to compliance the Division is considering. If a program refuses or is unable to provide requested documentation within a reasonable amount of time, the Division may conduct immediate on-site evaluations to determine continued capability of the program to provide services.
(b) The Division may conduct on-site evaluations of the program to ensure substantial compliance with these rules, contract provisions and applicable state and federal law.
(i) The Division shall provide the program with at least 30 days written notice prior to the date scheduled for the on-site review.
(ii) The Division shall provide the program with a copy of a written format upon which the on-site review shall be based.
(iii) The on-site review team shall consist of representative(s) of the Division and may include other appropriate persons.
(iv) During an on-site visit, the review and evaluation team shall provide administrative and program consultation as requested by the program.
(v) The Division shall prepare a report of the findings of the review and shall send a copy to the chairperson of the governing body and to the director of the program within 60 days. The report shall contain at least the following information:
(A) Required actions for the program to take in order to comply with rules for which deficiencies were found;
(B) Specifications and conditions prescribed for any rules for which the Division has granted a waiver or variance; and
(C) Documentation that any previously required action has been resolved.
(c) During the on-site evaluation, the program shall provide program records, financial statements, board minutes, and other documents required by the Division to make its determinations, including any information that may have changed since the program's strategic plan was submitted.
(i) Records or materials not related to compliance with Division rules, statutes and the program's contract with the Division shall not be reviewed.
(ii) The program shall redact any victim identifying information in the records to be reviewed for which it has not received the victim's written permission to disclose.
(a) If a program's governing body changes, the Division shall be notified immediately, existing contracts shall be void and the Division will consider contracting with the new governing body for the remainder of the original contract period.
(b) Notification of any change or suspension of any of the service elements shall be made within 24 hours of such change or suspension.
(a) Unless an emergency exists, a finding of non-compliance shall become effective 30 days following the date of issuance. The contract between the program and Division will be null and void at this date. If the program disputes the basis for a finding of non-compliance, it shall notify the Division Director within 15 days of the date of the issuance of a finding of noncompliance. Reconsideration of a finding of non-compliance is solely at the discretion of the Director.
(b) The Division may place a program on probation if there are compliance deficiencies and there is evidence the program is able to correct the deficiencies. The program shall have reasonable time, but not greater than 30 days, to begin implementing corrective measures. The program shall have a reasonable time, but not greater than 120 days, to complete corrective measures. If corrective measures are completed in a timely manner the program will receive notification of substantial compliance from the Division. If the corrective measures are not completed in a reasonable time, a final finding of non-compliance may be imposed.
(c) Regardless of whether during the course of an official on-site visit or at any other time, if the Division finds an imminent threat to public health, safety or welfare, or a significant violation of a contract provision, an immediate finding of non-compliance may be imposed or the program may be placed on probation and immediate corrective action required.