Division of Victim Services, Office of the Attorney General
OPERATION OF COMMUNITY DOMESTIC VIOLENCE AND SEXUAL ASSAULT SHELTER PROGRAMS
Chapter 9
Section 1. Authority.
(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.
Section 2. Scope.
(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:
Section 3. Governing Body Responsibilities.
(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.
(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 and inform the Division of any interm contact person.
(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.
(f) The governing body shall prevent conflicts of interest between individual governing body members and the Program.
Section 4. Personnel and Volunteers.
(a) All formal Division rules, policies and procedures shall be kept in either hardcopy or electronic form available to staff, volunteers, and other interested groups or individuals.
(b) 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.
Section 5. Training Requirements.
(a) All program directors, staff and volunteers working in the program providing direct services to domestic violence and sexual assault victims shall complete a minimum of 40 hours of training conducted by qualified domestic violence program personnel prior to providing unsupervised direct services. All paid staff shall complete the 40 hours training within the first 90 days of employment. 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 instruction;
(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.
Mandatory training shall include the following topics, with at least 2 hours dedicated to each topic:
(A) Domestic violence;
(B) Sexual assault; as part of this training advocates shall be educated on the State of Wyoming Biological Evidence Collection Kit, procedures mandated for the kit;
(C) Victim's Bill of Rights and State Victim Compensation Program;
(D) Child abuse (including physical, child neglect, and childhood sexual abuse);
(E) Stalking;
(F) Elder abuse;
(G) Advocacy skills, including working with victims with disabilities;
(H) Confidentiality; and
(I) Community resources.
(b) In addition to the mandatory 40-hour training requirement, all program directors, staff and volunteers who provide direct services to victims in criminal or civil justice systems shall have 10 hours training in legal advocacy. Advocates should not, and should be trained to not, provide legal advice or encourage disclosure of information protected by attorney-client privilege.
(c) Ongoing staff training requirements: Staff shall complete an annual training requirement of 10 hours.
Section 6. Fiscal Management.
(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 and position by the expense categories of the approved budget.
(ii) The Division and governing board must approve all grant specific budget change request reflecting changes within line items.
(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 every six months and at the end of the contract.
(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) 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.
(a) All physical structures shall adhere to local building standards and codes.
(b) Public offices of the Programs shall be designed to allow access for all service users and staff regardless of disability.
(c) Programs shall ensure safe houses and public offices are in clean, safe, and sanitary condition and any safety or other equipment on the premises is in good repair.
(d) Safe houses shall be able to test security systems, either electronic or procedural, as to ensure the safety of victims, their children, volunteers, and paid staff.
(e) All program offices and shelter houses shall be smoke, drug and alcohol free.
Section 8. Program Service Availability.
(a) Programs shall make services available 24 hours a day, 7 days a week as set forth in Wyo. Stat. § 9-1-638(viii).
(b) Programs shall have a public office and a 24-hour confidential crisis line.
(c) 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).
Section 9. Confidentiality of Victim Information and Shelter Location.
(a) Generally, the Program shall not disclose confidential communication, as defined in Wyo. Stat. § 1-12-116, without the express written consent of the victim. The Program shall adhere to the provisions of Wyo. Stat. § 1-12-116 at all times. Programs shall also provide assurances that the address or location of shelter facilities shall not be made public except with written authorization of the person or persons responsible for operating the shelter.
(b) 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.
(c) 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.
(d) When providing statistical data on program activities, individual identifiers of client records shall not be used.
(e) Programs shall keep and store all victims' files to insure safety and confidentiality. After a victim's file has been inactive for five (5) years, it may be destroyed.
Section 10. Victim's Rights.
Programs shall protect and support the fundamental human, civil, constitutional, and statutory rights of each victim. Services shall be provided in a manner consistent with the Victim's Bill of Rights, Wyo. Stat. § 1-40-201 et seq.
Victims are entitled to access their records.
Section 11. Child Advocacy and Child Safety Provisions.
(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 adhere to the use of non-violent discipline techniques. Staff shall provide residents with information regarding non-violent alternatives to disciplining children.
(d) Each staff member or volunteer who will have contact with children in the course of their duties shall have a child abuse registry background check completed before beginning their duties.
Section 12. Program Reports and On-Site Evaluation.
(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 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.
(c) The Division shall conduct on-site evaluations of the Program to ensure the Program is in substantial compliance with these rules 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.
The Division shall provide the Program with a copy of a written format upon which the on-site review shall be based.
The on-site review team shall consist of representative(s) of the Division and may include other appropriate persons.
During an on-site visit, the review and evaluation team shall provide administrative and program consultation as requested by the Program.
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:
Required actions for the Program to take in order to comply with rules for which deficiencies were found;
Specifications and conditions prescribed for any standard or rules for which the Division has granted a waiver or variance; and
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 Division rules, statutes and the Program's contract with the Division shall not be reviewed.
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.
Section 13. Findings of Compliance by the Division.
(a) The Division shall issue a written notice of compliance to the Program within 60 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) Compliance is not automatically continued when a program's governing body changes. The Division shall be notified within 30 days of any such change.
(c) Notification of any change or suspension of any of the service elements must be made within 24 hours of such change or suspension.
Section 14. Finding of Noncompliance by the Division.
(a) The Division shall issue a notice of noncompliance within 60 days after the on-site evaluation if it determines, the Program is not in substantial compliance.
(b) 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.
(c) The Division may determine a Program is not in substantial compliance, but does not warrant a finding of non-compliance because there is 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.
(d) 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.