hb4484 intr

H. B. 4484

(By Mr. Speaker, Mr. Kiss)
[Introduced February 10, 2000; referred to the
Committee on Government Organization then Finance.]

A BILL to amend and reenact sections two and four, article two-c, chapter forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, and to further amend said article by adding thereto three new sections, designated sections eight-a, eight-b and eight-c, all relating to domestic violence shelters; providing a definition for "domestic violence counselor"; requiring shelters employ licensed domestic violence counselor after June, two thousand; providing for licensing of domestic violence counselor by family protection services board; setting forth requirements and qualifications for licensure as a domestic violence counselor; and requiring that domestic violence services be available to everyone without regard to gender, age, race, etc.

Be it enacted by the Legislature of West Virginia:

That sections two and four, article two-c, chapter forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that said article by be further amended by adding thereto three new sections, designated sections eight-a, eight-b and eight-c, all to read as follows:

ARTICLE 2C. DOMESTIC VIOLENCE ACT.

§48-2C-2. Definitions.

As used in this article, unless the context clearly requires otherwise:

(a) "Board" means the family protection services board created pursuant to section three of this article;

(b) "Department" means the department of health and human resources or any successor agency however so named;

(c) "Shelter" or "family protection shelter" means a licensed domestic or family violence shelter created for the purpose of receiving, on a temporary basis, persons who are victims of domestic violence, abuse or rape as well as the children of such victims;

(d) "Secretary" means the secretary of the department of health and human resources; and

(e) "Family protection program" or "program" means a licensed domestic or family violence program offered by a locally controlled organization primarily for the purpose of providing services to victims of domestic or family violence or abuse and their children.

(f) "Domestic violence counselor" means a person of either gender who is an employee of, a contract employee for or a volunteer for a domestic violence shelter, a domestic violence non- shelter program or a mental health professional counseling organization who provides therapeutic mental health counseling or therapeutic mental health psychoeducation to domestic violence victims of either gender or domestic violence perpetrators of either gender which is aimed at helping the person being counseled to understand and resolve issues regarding domestic violence and the domestic violence cycle.
§48-2C-4. Duties of board.

It is the duty of the board to:

(a) Regulate its procedural practice;

(b) Receive and consider applications for the development of shelters;

(d) Promulgate rules to implement the provisions of this article and any applicable federal guidelines;

(e) Advise the secretary on matters of concern relative to his or her responsibilities under this article;

(f) Study issues pertinent to family protection shelters, programs for domestic violence victims, and report the results to the governor and the Legislature;

(g) Conduct hearings as necessary under this article;

(h) 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;

(i) Deliver funds to shelters within forty-five days of the approval of a proposal for such shelters;

(j) Establish a system of peer review which will ensure the safety, well-being and health of the clients of all shelters operating in the state;

(k) Evaluate annually each funded shelter to determine its compliance with the goals and objectives set out in its original application for funding or subsequent revisions;

(l) To award to shelters, for each fiscal year, ninety-five percent of the total funds collected and paid over during the fiscal year to the special revenue account established pursuant to section twenty-four, article one of this chapter and to expend, during said period a sum not in excess of five percent of said funds for cost of administering provisions of this article;

(m) Establish and enforce system of standards for annual licensure for all shelters and programs in the state;

(n) Enforce standards; ~~and~~

(o) Review its rules biannually; and

(p) Licence domestic violence counselors.
§48-2C-8a. Licensing of domestic violence counselors.

Beginning the first day of July, two thousand one, every shelter licensed pursuant to the provisions of this article shall employ at least one licensed domestic violence counselor on either a full time or part time basis and the only persons permitted to perform counseling at licensed shelters shall be licensed as provided herein. The board shall develop a licensing program for domestic violence counselors in accordance with the criteria set forth in sections eight-a and eight-b of this article, and shall ensure that at least one licensed domestic violence counselor is employed by each shelter on either a full time or part time basis.

§48-2C-8b. Requirements to be licensed as a domestic violence counselor.

To be licensed as a domestic violence counselor a person shall meet one the following requirements:

(1) Be a psychologist, psychiatrist, counselor, community health educator community health specialist or social worker licensed by the State of West Virginia; or

(2) Hold at least a master's degree in psychology, counseling, community health education, social work or a related behavioral science field and be able to document at least one year of experience in providing culturally sensitive counseling or in providing culturally sensitive psychoeducation to domestic violence victims of any gender or to domestic violence perpetrators of any gender; or

(3) Hold a bachelor degree in psychology or a related behavioral science field and have been supervised and evaluated by a licensed domestic violence relations counselor for a two year period of time; or

(4) Hold an associate degree in a behavioral science and have been supervised and evaluated by a licensed domestic violence relations counselor for a five year period of time.
§48-2C-8c. Domestic violence services to be delivered without regard to victim's gender, etc.; criminal penalty.

All domestic violence services offered by a domestic violence shelter, a domestic violence non-shelter program, or a mental health domestic violence counseling center shall be delivered to domestic violence victims and to domestic violence perpetrators without regard to gender, race, sexual orientation, religious views, handicap condition, disabilities, age, national origin or socioeconomic level.

NOTE: The purpose of this bill is to require Domestic Violence Shelters to employ licensed Domestic Violence Counselors after June 30, 2001. The Family Protection Services Board is required to license the counselors. The bill also sets forth the requirements to be licensed as a Domestic Violence Counselor. Finally, the bill mandates that Domestic Violence services be made available without regard to gender, race, sexual orientation, religious views, handicap condition, disabilities, age, national origin or socioeconomic level.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

§48-2C-8a, §48-2C-8b and §48-2C-8c are new; therefore strike-throughs and underscoring have been omitted,