FLOORBOOK MEMO House Committee on the Judiciary
Com. Sub. for H.B. 2603
Prepared by: Brian Skinner
(3/14/2013) Phone: 304-340-3258
email: brian.skinner@wvhouse.gov
SPONSORS: Delegates Morgan, Stephens, Staggers, Eldridge, Jones, Lynch, Paxton,
Hartman, P. Smith, Barrett, and Skinner.
TITLE: Relating to the Family Protection Services Board.
DATE INTRODUCED: February 22, 2013
CODE SECTIONS AFFECTED: W.Va. Code §48-26-404, §48-26-405, §48-26-601,
§48-26-602, §48-26-901, §48-26-902, §48-26-1003, §48-26-1005, §48-26-1006 and
§48-26-1007. (repeal)
W.Va. Code §48-26-202, §48-26-203, §48-26-204, §48-26-205, §48-26-206, §48-26-301,
§48-26-401, §48-26-402, §48-26-403, §48-26-406, §48-26-603, §48-26-604, §48-26-701,
§48-26-1001, §48-26-1002 and §48-26-1004 (amends and reenacts)
W.Va. Code §48-26-207, §48-26-208, §48-26-209, §48-26-210, §48-26-211, §48-26-212,
§48-26-213, §48-26-214 and §48-26-407 (new)
IDENTICAL/SIMILAR BILLS: S.B. 402.
CHAIRMAN'S SUMMARY:
A. EXISTING LAW: The Family Protection Services Board licenses domestic
violence programs (consisting of both shelter and outreach components),
monitored parenting and exchange programs, and batteror intervention and
prevention programs. The Board has been in existence since 1989. The article
was completely rewritten in 2001, based on a model law.
B. THE COMMITTEE SUBSTITUTE: As the programs that the Board
administers have evolved over the years, revisions to the law are necessary to
clarify the rights and duties of the board, the programs and their participants.
The committee substitute:
- updates definitions,
- amends the Board's membership;
- updates and reorganizes the powers and duties of the Board;
- authorizes a bifurcated licensure process where an applicant must
first 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;
- clarifies provisions related to conditional and provisional licenses
that result from deficiencies or noncomplience;
- expands the board's rule-making authority;
- amends provisions related to the closure of programs;
- establishes administrative hearing procedures and judicial review
of the decisions of the Board.
- clarifies the purposes for which the Domestic Violence Legal
Services Fund may be used;
- amends current confidentiality provisions; and
- adopts provisions related to licensed monitored parenting and
exchange programs.
FULL ANALYSIS:
I. SUBSTANTIVE ANALYSIS
A. EXISTING LAW: The Family Protection Services Board licenses domestic
violence programs (consisting of both shelter and outreach components),
monitored parenting and exchange programs, and batteror intervention and
prevention programs. The Board has been in existence since 1989. The article was completely rewritten in 2001, based on a model law.
B. THIS BILL: As programs have evolved over the years, revisions to the law
are necessary to clarify the rights and duties of the board, the programs and their
participants.
The bill modifies current definitions, adds others and places the
definitions in alphabetical order.
The bill amends the Board's membership by clarifying the qualifications
for Board membership and providing that the Governor has 90 days to appoint a
qualified person to a vacancy from a list nominated by the Board. (§301).
Additionally, the bill adds two members to the Board:
- a representative of a batterer intervention and prevention program
licensed by the Board; and
- an administrator of the WV Supreme Court of Appeals (or
designee) from the Division of Family Court Services, familiar with
monitored parenting and exchange program services, or a
representative of a licensed monitored parenting and exchange
program, selected from a list nominated by the board. (§301)
The powers and duties of the Board are reorganized, as well as clarified.
(§401). The percentage of funds which may be expended for administrative
purposes is increased from 5% to 15%. (§401(a)(5)). The Department of Health
and Human Resources will distribute one half of the remaining funds equally,
and the other half of the remaining funds in accordance with a formula
determined by the board, to licensed domestic violence programs.
The Board is authorized to:
- Advise the Secretary of the DHHR and the Chair of the Governor's
Committee on Crime, Delinquency and Correction on matters of
concern relative to their responsibilities under the Domestic
Violence Act;
- Delegate to the Secretary of the DHHR such powers and duties of
the Board as the Board considers appropriate to delegate,
including, but not limited to, the authority to approve, disapprove, revoke or suspend licenses;
- Advise administrators of state or federal funds of licensure
violations and closures of programs; and
- Exercise all other powers necessary to implement the provisions of
the domestic Violence Act. (§ 401(b)).
The bill authorizes a bifurcated licensure process where an applicant must
first 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. (§402(b)). The Board has 60 days of
receipt of the preliminary application to respond. This period is extended from
the current 45 days. If the Board approves the preliminary application, the
applicant may complete a full application form. Upon the receipt of a full
application the Board must grant or deny a license within 60 days. The duration
of a license is extended from 1 to up to 3 years, subject to periodic licensure
reviews. (§402(c)).
Provisions related to provisional licenses is amended to provide for a 180
day provisional license, subject to an additional 180 day extension. (§402(e)).
Provisional licenses may be granted to a program that is noncompliant with non-
life threatening safety, programmatic, facility or administrative standards. The
Board is also authorized to grant a conditional license for up to 90 days to a
program that has violations of safety or accountability standards which 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. (§402(f)).
Technical assistance may be provided to prevent and resolve deficiencies
in a program and the Board is authorized to issue a cease and desist order or
apply to a circuit court for such an order when it becomes aware that a person or
persons are engaged in conduct that constitutes a violation of law. (§402(h)).
The Board's rule-making authority is expanded and clarified, to include
rules for operating procedures of the board, minimum standards for governance,
administration, safety, referral process, intake services, financial accountability,
program participant records, service plans, confidentiality, facility requirements,
reports, restrictions, and licensure requirements for programs. (§403).
Provisions related to the closure of programs is amended to provide that
when either the shelter component or the outreach component of a domestic
violence program is closed, the remaining component may continue to be
licensed. (§406).
A new section establishes administrative hearing procedures and judicial
review of the decisions of the Board. (§407). Standard hearing procedures and
appeals are provided for the downgrading or discontinuation of a program
through temporary or permanent closure.
The purposes for which the Domestic Violence Legal Services Fund may
be used, are clarified. (§603). All programs are required to file annual reports
with the board. Information in a report may not identify any person served by a
program nor enable any person to determine the identity of any such person.
(§604).
The bill amends the current provisions related to the confidentiality of the
program participants. New language in included in the bill that provides specific
requirements for releases of information for participants in batterer intervention
and prevention programs. (§701).
Section 1001 that currently contains legislative findings, is amended to
replaces those findings with provisions authorizing judges and magistrates to
order persons appearing before them to apply to a licensed monitored parenting
and exchange program for monitored parenting or monitored exchange of
children. However, a licensed monitored parenting and exchange program may
not be required to perform duties which are beyond the program's capacity or
scope of services.
Additionally, the section authorizes licensed monitored parenting and
exchange programs to receive referrals from judges, magistrates, child protective
services, attorneys and other agencies and serve self-referrals when the adult
parties agree to the use of the program. Id.
C. COMMITTEE ON GOVERNMENT ORGANIZATION AMENDMENT: The
Committee on Government Organization amended the bill to make non-
substantive technical corrections to sections 212, 301, 401 and 701.
D. JUDICIARY COMMITTEE SUBSTITUTE: The committee substitute
adopted by the Committee on the Judiciary simply includes the Committee on
Government Organization's amendments, along with several other staff
suggested drafting changes.
II. SECTION DIRECTORY:
§48-26-202. Advocacy defined.
This is a new definition.
§48-26-203. Batterer Intervention and Prevention Program defined.
This is a new definition.
§48-26-204. Board defined.
This definition is slightly modified and moved to a new section.
§48-26-205. Closure defined.
This is a new definition.
§48-26-206. Department defined.
This definition is slightly modified and moved to a new section.
§48-26-207. Domestic Violence Legal Services Fund defined.
This is a new definition.
§48-26-208. Domestic violence program defined.
This is a new definition.
§48-26-209. Family Protection Fund defined.
This is a new definition.
§48-26-210. Intimate partner defined.
This is a new definition.
§48-26-211. Licenses defined.
This is a new definition.
§48-26-212. Monitored parenting and exchange defined.
This is a new definition.
§48-26-214. Shelter defined.
This definition is slightly modified and moved to a new section.
§48-26-301. Family protection services board continued; terms.
This section contains the Board's membership and qualifications. The section
is amended to clarify qualifications and add to members to the Board.
§48-26-401. Powers and duties of board. generally.
This section contains the powers and duties of the Board. The section is
extensively revised.
§48-26-402. Duties regarding licenses for shelters and programs Requirements,
qualifications and terms of licensure; collaboration to assist programs.
This section provides for the issuance of licenses to qualified programs. The
licensure process is amended. Additionally, the section authorizes provisional and
conditional licenses for deficient programs.
§48-26-403. Duties regarding Legislative rules.
This section authorizes the Board to propose rules for legislative approval.
The section is amended to provide minimum requirements for proposed rules.
§ 48-26-404. Regulation of intervention programs for perpetrators; required
provisions; duties of providers
This section is repealed.
§ 48-26-405. Licensing providers of intervention programs for perpetrators
This section is repealed.
§48-26-406. Closure of shelters; provisional licensee waivers programs.
This section contains provisions related to the closure of programs. The
section is amended to provide that if either the shelter component or the outreach
component of a domestic violence program is closed, the remaining component may
continue to be licensed.
§48-26-407. Hearing procedures; judicial review.
This new section contains administrative hearing procedures and judicial
review of the Board's decisions.
§ 48-26-601. Funding application requirements
This section is repealed.
§ 48-26-602. Award provisions
This section is repealed.
§48-26-603. Domestic Violence Legal Services Fund.
This section provides for the authorized uses of the Domistic Violence Legal
Services Fund.
§48-26-604. Annual reports of licensed programs.
This section provides for the contents of annual reports.
§48-26-701. Confidentiality.
This section includes provisions related to the confidentiality of program
participants.
§ 48-26-901. Establishment of local advisory councils authorized
This section is repealed.
§ 48-26-902. Purpose of local advisory councils
This section is repealed.
§48-26-1001. Court orders; use of monitored parenting and exchange programs
without court order.
This section has been completely rewritten and now provides for referrals to
monitored parenting and exchange programs.
§ 48-26-1003. Rules
This section is repealed.
§ 48-26-1005. Certification of children's centers for the monitoring of custodial
responsibility; revocation or suspension of certification
This section is repealed.
§ 48-26-1006. Representations regarding certification; misrepresentations;
penalties
This section is repealed.
§ 48-26-1007. Court orders; use of centers without court order
This section is repealed.
III. FISCAL ANALYSIS: A fiscal note is unavailable for this bill. However, in response
to a change in the current law regarding the increase in the amount of funds from the
Family Protection Fund that may be utilized for administrative costs, the Board has
provided a summary of the need for the increase. A copy of the summary is attached to
this abstract. (See attached Summary of Family Protection Fund - Fiscal Year 2012 -
Protections with Increased Administrative Costs).
IV. COMMENTS
A. CONSTITUTIONAL ISSUES: None identified.
B. GOVERNMENT AGENCIES AFFECTED: Department of Health and Human
Resources, Family Protection Board. Courts, Division of Justice and Community
Services, and Governor's Committee on Crime, Delinquency and Correction.
C. RULE MAKING AUTHORITY: Yes.
D. COMMITTEE REFERENCE: Government Organization then Judiciary.
E. TITLE ANALYSIS: The staff suggested committee substitute makes changes
to the introduced bill's title to more accurately reflect the bill's contents.
F. DRAFTING ISSUES OR OTHER COMMENTS: None.
G. EFFECTIVE DATE: Passage.