Wyo. Code R. 015-0012-9
Victim Services
Chapter 9: Operation of Community Domestic Violence & Sexual Assault Programs
Effective Date: 06/29/2004 to 10/27/2004
Rule Type: Expired Emergency Rules & Regulations
Reference Number: 015.0012.9.06292004
AND SEXUAL ASSAULT PROGRAMS
(a) Wyo. Stat. § 1-40-118 and § 9-1-638 provide for Division authority to establish eligibility requirements for funds, minimum program standards and uniform reporting requirements for victim service providers receiving funds administered by the Division.
(a) These rules pertain to the use of funds administered by the Division for the purpose of providing domestic violence and sexual assault shelter services. The funding sources for these services are both Federal and State in origin and include:
(a) The governing body shall meet at least quarterly and minutes of these meetings shall be kept and made available upon request to the Division of Victim Services.
(b) The governing body shall receive formal orientation to the Program's goals, objectives, programs, method of operation, code of ethics, standards of confidentiality, board duties and responsibilities.
(c) The governing body shall insure program accessibility and ADA compliance.
(d) The governing board or its authorized representative shall formally notify the Division's designated representative within 3 days if there is any change in the domestic violence and sexual assault program director or equivalent position.
(e) In the event of concerns of misappropriations of funds, criminal investigation of a governing board, program director or other allegations of illegal activity related to the program, the governing board shall inform the Division in writing within 5 days. The governing board shall update the Division every 10 days from first notification until the issue is resolved. Within
45 days, the governing board shall submit in writing a plan for the program to return to compliance with the contract between the governing board and the Division.
(a) All formal Division rules, policies and procedures shall be kept in a manual, which is available to the board, staff, volunteers, and other interested groups or individuals.
(b) Each position or volunteer whose has contact with children in the course of their program duties shall have a child abuse registry background check completed before beginning their duties.
(c) The written personnel policies shall be explained to each employee.
(d) The Program shall notify employees in writing of changes in personnel policies.
(e) Job descriptions are to be provided to each volunteer.
(f) Volunteers shall abide by the same code of ethics governing staff behavior.
(g) There shall be a file maintained for each employee and volunteer which includes, at a minimum, a signed confidentiality statement and documentation of all training completed.
(h) Each program shall designate at least one staff person to be responsible for volunteers.
(a) All program directors, staff and volunteers working in the program who may be in a position to provide direct services to domestic violence victims shall complete a minimum of 40 hours training conducted by qualified domestic violence program personnel prior to providing direct services. All paid staff shall complete the 40 hours training within the first 90 days of employment and may not work without supervision before completing training. The program may utilize local and state resources in meeting training requirements.
(i) Training approaches utilized in the 40-hour program will include:
(A) a minimum of 35 hours of classroom training using a variety of techniques, including group instruction, role plays, other experiential exercises, and audio-visual materials;
(B) a minimum of 5 hours of training to be devoted to a practicum; and
(C) a current training manual given to each participant from which reading assignments can be made. The manual shall include the year it was updated.
(ii) The mandatory training shall include the following topics, with at least 2 hours dedicated to each topic:
(A) Domestic violence;
(B) Sexual assault;
(C) Victim’s Bill of Rights and State Victim Compensation Program;
(C) Child abuse (including physical, child neglect, and childhood sexual abuse);
(D) Stalking;
(E) Elder abuse;
(F) Helping skills, including working with victims with disabilities;
(G) Confidentiality;
(H) Community resources;
(b) Governing bodies and/or boards of directors shall participate in training, which may include, but not be limited, to:
(A) Roles and responsibilities of governing body members;
(B) Program-related topics: i.e.; domestic violence dynamics; and
(C) Confidentiality.
(c) In addition to the mandatory 40-hour training requirement, all program directors, staff and volunteers who may provide direct services to victims in criminal or civil justice systems shall have 10 hours training in legal advocacy.
(d) Ongoing staff training requirements: Staff shall complete an annual training requirement of 10 hours.
(a) The Program shall have an operating budget approved and reviewed by the governing body and agreed to by contract with the Division.
(i) The budget shall categorize revenues and expenses for each grant project by the expense categories of the approved budget.
(ii) Revisions made in the budget during the fiscal year shall be reviewed and approved by the governing body.
(iii) The Division must approve a grant specific budget change request reflecting changes within a line item.
(b) Fiscal Accounting records supported by source documentation are to be maintained on a current basis and balanced monthly.
(c) The Program shall have a financial review committee of not less than two members who are not involved in the daily accounting functions. The committee's function is to perform an internal review at least semi-annually of cash receipts and disbursements. The committee shall report to the governing board.
(d) Fiscal Reporting.
(i) Regular financial reports of the fiscal management of the Program shall be made to the governing body and the Division at the mid year and end of year.
(ii) The report shall include a comparison of actual support, revenue and expenses to date by funding source. Actual expenditures are to be compared with budgeted amounts.
(e) Audits.
(i) Programs receiving $500,000 or more in federal funds or $100,000 or more in state funds within one year shall have an audit conducted for the contract period. The audit conducted for federal funds must be in accordance with the provisions of Circular A-133.
(ii) Audits shall be performed by independent accounting firms engaged by the Program.
(iii) In the event of allegations of misappropriations of funds, the Division may require an independent audit of the Program at the Program's expense.
(f) Unallowable Practices.
(i) No expenditures of Federal and State funds are allowable for bonuses unless agreed to in an approved budgeted.
(ii) Any funds not expended by the last date of the contract period shall be returned to the Division within 45 days of the end of the contract.
Section 7. Physical Structures and Safety.
(xi) All program offices and shelter houses shall be “smoke free”; and
(xii) Safe house capacity shall not exceed occupancy established by local building officials.
(a) Programs shall make services available 24 hours a day, 7 days a week, 52 weeks a year, including a 24-hour confidential crisis line.
(b) Programs shall have a public office.
(c) Programs shall respond to a referral or request for services within 24 hours.
(d) A crisis telephone number shall be publicized in the community. Victims must be able to call collect or have a toll-free number available.
(e) The Program shall maintain a directory of currently available services and resources available in the community. The list of resources shall include, at a minimum:
(i) The name, location, telephone number, and hours of operation of the resource; and
(ii) The types of services provided by the resource.
(f) Advocacy or peer support should not replace professional therapy. Programs shall refer individuals to appropriate agencies as the need arises.
(g) The Program shall comply with all applicable nondiscrimination requirements of the Victims of Crime Act; Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; the Department of Justice Nondiscrimination Regulations 28 C.F.R. Part 42, Subparts C, D, E and G, Subtitle A, Title II of the American with Disabilities Act (ADA).
(h) Programs without safe houses may provide emergency shelter or transportation to safe houses. Short-term emergency shelter may be provided in motels or safe houses.
(a) The Program shall protect the confidentiality of all information related to victims and former victims as outlined in Wyo. Stat. § 1-12-116, which exempts examination as a witness in any civil, criminal, legislative or administrative proceeding without the express informed written consent of the victim.
(b) A Program may only release or disclose information with the written consent of the victim and shall have a standard form for this purpose. The program shall have legal counsel review the form used for release of information. The form shall, at a minimum, contain:
(c) Information disclosed by the program after obtaining a written consent for the disclosure or release shall be recorded. The record shall include the date the information was disclosed or released, and the signature of the staff member who released the information.
(d) In a life threatening situation or when a person's condition or situation precludes the possibility of obtaining written consent, the Program may release or request pertinent information without a signed consent.
(e) When information has been released or requested under emergency conditions, the responsible staff member shall enter all pertinent details of the transaction into the victim's file, including the following items:
(vi) The victim shall be informed that the information was released or requested as soon as reasonable after the release of or request for information.
(f) Other circumstances in which disclosure may be appropriate are:
(i) The victim or a legally responsible other person consents in writing to the disclosure;
(ii) The disclosure is required by State law in reporting suspected child or adult abuse or neglect as per Wyo. Stat. § 14-3-205;
(iii) The disclosure is in juvenile court per Wyo. Stat. § 14-3-210 (iii);
(iv) The disclosure is in the context of the local Child Protection Team as per Wyo. Stat. § 14-3-212;
(v) The disclosure may be made in the course of a site visit, audit, or program evaluation conducted by an agency representative;
(vi) When a victim poses a threat of harm to self or others; and
(vii) When a domestic violence client has been killed under circumstances suggesting homicide, the executive director may choose to disclose that the Program served the deceased domestic violence victim. The disclosure should be made with the written permission of a family member. Disclosure of pertinent information related to the domestic violence victim, the abuser, and the history of violence perpetrated by the abuser should be directed to the district or county attorney.
(g) The governing board shall be excluded both as a joint body and as individual board members from any access to confidential victim information except to the extent necessary to resolve a victim-initiated grievance.
(h) All 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.
(i) Programs shall keep and store all victims' files to insure safety and confidentiality.
(i) The content of victim files is limited to information required for statistical and funding purposes, assessment of service needs including counseling, health and emergency medical, legal, housing, financial, transportation, and child care needs, establishing goals for the counseling advocacy relationship, and formulation of safety plans.
(ii) Information received from other sources may be included in the files, as appropriate. Copies of protection orders, as well as petitions and orders in other family law matters, may be retained in the victim's file.
(iii) Judgmental notations, diagnose or other kinds of labeling and legal conclusions shall not be kept in the victim's file.
(iv) After a victim's file has been inactive for five (5) years, it may be destroyed.
(v) Victim's files shall be destroyed in a manner preventing the victim from being identified.
(a) Programs shall protect and support the fundamental human, civil, constitutional, and statutory rights of each victim. Services provided shall be consistent with the Victim's Bill of Rights, Wyo. Stat. § 1-40-201 et seq.
(b) A victim has a right to self-determination.
(c) A victim is entitled to information regarding resources or alternatives existing in the community to enable the victim to make informed choices in their own best interest.
(d) A victim is entitled to access to their records.
(a) All Programs shall have policies and procedures regarding the reporting of child abuse consistent with Wyo. Stat. § 14-3-205.
(b) Shelter Programs shall provide for adequate, secure, and supervised play space.
(c) All Programs shall have a copy of the child protection laws of Wyoming available at all Program locations.
(d) All Programs shall adhere to the use of non-violent discipline techniques. Staff shall provide residents with information regarding non-violent alternatives to disciplining children.
(a) Programs shall submit monthly non-personally identifying information about victims and services provided. This information shall be electronically submitted to the Division through the Uniform Caseload Reporting System.
(b) In addition to on-site evaluation, programs may also be requested by the Division to supply documentation supporting a finding of substantial compliance. The Division will make such requests in writing and will outlines 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.
(c) The Division shall conduct an on-site evaluation of the Program to ensure the Program is in substantial compliance with these rules.
(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 after the last day of the on-site review. 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 standard or rules for which the Division has granted a waiver or variance; and
(C) Documentation that any previously required action has been resolved.
(d) 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 the Division Rules, statutes, and the Program's contract with the Division, shall not be reviewed.
(ii) The Program may elect, but is not required, to cover any victim identifying information in the records to be reviewed.
(iii) When victim-identifying information is not covered and the Program requests, the reviewer(s) will sign an oath of confidentiality for any information in the program records.
(iv) Those present at the evaluation shall be representatives of the governing body, program staff, and volunteers of the organization.
(a) The Division shall issue a written notice of compliance to the Program within 45 days after the on-site evaluation if it determines, in accordance with the provisions of this chapter and the provisions of its contract with the Division, the Program is in substantial compliance.
(b) A finding of substantial compliance is valid for one year.
(c) Compliance is not automatically continued when board ownership or control is changed. The Division shall be notified within 30 days of any such change.
(d) Notification of any change or suspension of any of the service elements must be made within 24 hours of such change or suspension.
(a) The Division shall issue a notice of noncompliance within 45 days of the on-site evaluation if it determines, in accordance with the provisions of this chapter and the provisions of its contract with the Division, the Program is not in substantial compliance.
(a) If the Program disputes the accuracy of any of the significant findings of the site visit, an appeal of the finding may be made to the Division Director within 15 days after notification of noncompliance.
(i) A notice of appeal places on hold the effective date of a finding of non-compliance until the appeal is resolved.
(a) The Division may determine a Program is not in substantial compliance with these Rules but does not warrant a finding of non-compliance because there exists evidence the Program is able to correct deficiencies and place the program on probation. 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.
(b) Unless an emergency exists, a finding of non-compliance shall become effective no less than 30 days following the date of issuance. The contract between the program and Division will be null and void at this date.
(c) If the Division finds the public health, safety, or welfare requires emergency action, an immediately effective finding of non-compliance may be ordered.