(b) The terms of the three members appointed by the governor are staggered terms of three years. The initial term of the commissioner of the shelter is a one-year term, the initial term of the representative of the trade association is a two-year term and the initial term of the appointed member of the public is a three-year term.
(c) In the event that a member of the board ceases to be qualified for appointment, then his or her appointment terminates.
(1) Regulate its procedural practice;
(2) Receive and consider applications for the development of shelters;
(3) Facilitate the formation and operation of shelters;
(4) Promulgate rules to implement the provisions of this article and any applicable federal guidelines;
(5) Advise the secretary on matters of concern relative to his or her responsibilities under this article;
(6) Study issues pertinent to family protection shelters, programs for domestic violence victims, and report the results to the governor and the Legislature;
(7) Conduct hearings as necessary under this article;
(8) 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;
(9) Deliver funds to shelters within forty-five days of the approval of a proposal for such shelters;
(10) 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;
(11) 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;
(12) 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 2-604 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;
(13) Establish and enforce system of standards for annual licensure for all shelters and programs in the state;
(14) Enforce standards; and
(15) Review its rules biannually.
(b) Licenses may be renewed on an annual basis with all such licenses having a term of one year commencing on the first day of July and terminating on the thirtieth day of June of the next year.
(c) The board shall grant or deny any license within forty-five days of the receipt of the application.
(d) The license granted by the board shall be conspicuously displayed by the licensees.
(e) The board may grant a provisional license or grant a waiver of licensure if the board deems such waiver or provisional license necessary for the shelter or program. All such waivers or provisional licenses shall be reviewed semi-annually.
(b) The rules for programs for intervention for perpetrators of domestic violence shall include:
(1) Criteria concerning a perpetrator's appropriateness for the program;
(2) Systems for communication and evaluation among the referring court, the public and private agencies that provide programs for victims of domestic violence and the programs of intervention for perpetrators; and
(3) Required qualifications concerning education, training and experience for providers of intervention programs.
(c) The standards shall be based upon and incorporate the following principles:
(1) The focus of a program is to end the acts of violence and ensure the safety of the victim and any children or other family or household members;
(2) Domestic violence constitutes behavior for which the perpetrator is accountable; and
(3) Although alcohol and substance abuse often exacerbate domestic violence, it is a separate problem which requires specialized intervention or treatment.
(d) Providers of perpetrator intervention programs:
(1) Shall require participants to sign the following releases:
(A) Allowing the provider to inform the victim and the victim's advocates that the perpetrator is participating in a batterers' intervention prevention program with the provider and to provide information to the victim and the victim's advocates, if necessary, for the victim's safety;
(B) Allowing prior and current treating agencies to provide information about the perpetrator to the provider; and
(C) Allowing the provider, for good cause, to provide information about the perpetrator to relevant legal entities, including courts, parole officers, probation officers and child protective services;
(2) Shall report to the court, if the participation was court ordered, and to the victim, if the victim requests and provides a method of notification, any assault, failure to comply with program requirements, failure to attend the program and threat of harm by the perpetrator;
(3) Shall report to the victim, without the participant's authorization, all threats of harm;
(4) May report to the victim, without the participant's authorization, the participant's failure to attend.
(b) Licenses may be renewed on an annual basis with all such licenses having a term of one year commencing on the first day of July and terminating on the thirtieth day of June on the next year.
(c) The board shall grant or deny any license within forty-five days of the receipt of the application.
(d) The license granted by the board shall be conspicuously displayed by the licensees.
(e) The board may grant a provisional license or grant a waiver of licensure if the board deems such waiver or provisional license necessary for the operation of a program. All such waivers or provisional licenses shall be reviewed semiannually.
(b) The board may place a shelter, which violates standards established under this article and which threatens the health, well being and safety of its clients, under receivership and operate said shelter. The board shall have access and may use all assets of the shelter.
(c) In order to close or place a shelter in receivership, the board shall hold a public hearing within the confines of municipality or county in which the shelter is located. The board, by the first day of September, one thousand nine hundred eighty-nine, shall establish rules and regulations to govern the conduct of such hearings: Provided, That four members of the board must vote in the affirmative before a shelter is closed or placed in receivership.
(d) If a shelter disagrees with the findings of the board, the shelter may appeal such ruling to the circuit court of Kanawha County or the circuit court of the county where the shelter is located pursuant to the provisions of section four, article five, chapter twenty-nine-a of this code.
(1) Assess the impact of domestic violence on public health; and
(2) Develop a state public health plan for reducing the incidence of domestic violence in this state.
(b) The state public health plan shall:
(1) Include, but not be limited to, public education, including the use of the various communication media to set forth the public health perspective on domestic violence;
(2) Be developed in consultation with public and private agencies that provide programs for victims of domestic violence, advocates for victims, organizations representing the interests of shelters, and persons who have demonstrated expertise and experience in providing health care to victims of domestic violence and their children; and
(3) Be completed on or before the first day of January, two thousand.
(c) The bureau for public health of the department of health and human resources shall:
(1) Transmit a copy of the state public health plan to the governor and the Legislature; and
(2) Review and update the state public health plan annually.
(b) A health care practitioner whose patient has injuries or conditions consistent with domestic violence shall provide to the patient, and every health care facility shall make available to all patients, a written form notice of the rights of victims and the remedies and services available to victims of domestic violence.
(b) The procedures and curricula shall be developed in consultation with public and private agencies that provide programs for victims of domestic violence, advocates for victims, organizations representing the interests of shelters and personnel who have demonstrated expertise and experience in providing health care to victims of domestic violence and their children.
(1) Evidence that the organization submitting the application is incorporated in this state as a nonprofit corporation;
(2) A list of the incorporators of the corporation and a list of the officers and the board of directors;
(3) The proposed budget of the shelter or program for the following fiscal year;
(4) A summary of the services proposed to be offered in the following fiscal year by the shelter or program;
(5) An evaluation of local needs for a shelter or program;
(6) An estimate of the number of people to be served by the shelter or program during the following fiscal year; and
(7) Any other information the board may feel is necessary.
(b) In order to qualify for a grant of funds under this article, each family protection shelter or program shall:
(1) Provide or propose to provide a facility which will serve as temporary shelter to receive, care and provide services for persons who are victims of domestic violence or abuse and their children;
(2) Be incorporated in this state as a nonprofit corporation;
(3) Have a board of directors which represents a broad spectrum of the community to be served, including at least one person who is or has been a victim of domestic violence or abuse;
(4) Receive at least fifty-five percent of its funds from sources other than funds distributed under this article. These sources may be public or private and may include contributions of goods or services; and
(5) Require persons employed by or volunteering services to the shelter or program to maintain the confidentiality of any information which may identify individuals served by it.
(c) A family protection shelter or program may not be funded initially if it is shown that it discriminates in its services on the basis of race, religion, age, sex, marital status, national origin or ancestry. If such discrimination occurs after initial funding, the shelter or program may not be refunded until the discrimination ceases.
(d) A family protection shelter program may not be refunded if its original application projected the provision of residential services and such services were not provided in the first six months following disbursement of the original funds under this article: Provided, That upon a subsequent showing that the funds were used in the manner proposed in the original application, the shelter or program is not barred from subsequent funding. A revision of the original application may be filed with the board.
(1) Demonstration of local need for proposed services;
(2) Merit of project as proposed;
(3) Demonstration of local control of the shelter or program;
(4) Administrative design and efficiency of the project; and
(5) The board shall develop a formula for equal distribution of fifty percent of any money it awards.
(b) Any court of this state may order a nonprevailing party to pay an amount equivalent to the reasonable attorney's fee to which the prevailing litigant would be entitled into the Domestic Violence Legal Services Fund, established in subsection (a) of this section, if the following circumstances occur:
(1) A prevailing litigant is entitled by statute or common law to a reasonable attorney's fee, and
(2) The prevailing litigant's legal counsel informs the court that no fee will be requested.
(1) Upon written consent of the person seeking or who has sought services from the program or the shelter;
(2) In any proceeding brought under sections four and five, article six, chapter nine of this code or article six, chapter forty-nine of this code;
(3) As mandated by article six-a, chapter forty-nine and article six, chapter nine of this code;
(4) Pursuant to an order of any court based upon a finding that said information is sufficiently relevant to a proceeding before the court to outweigh the importance of maintaining the confidentiality established by this section;
(5) To protect against a clear and substantial danger of imminent injury by a client to himself or herself or another;
(6) For treatment or internal review purposes to the staff of any program or shelter if the client is also being cared for by other health professionals in the program or shelter.
(b) No consent or authorization for the transmission or disclosure of confidential information shall be effective unless it is in writing and signed by the client. Every person signing an authorization shall be given a copy.
(2) Funding for the continuing education provided or required under subdivision (1) of this section may not exceed the amounts allocated for that purpose by the spending unit from existing appropriations. No provision of this section may be construed to require the Legislature to make any appropriation.
(b) The courses or requirements shall be prepared and presented in consultation with public and private agencies that provide programs for victims of domestic violence or programs of intervention for perpetrators, advocates for victims, organizations representing the interests of shelters and the family protection services board.
(2) Funding for the training required under subdivision (1) of this section may not exceed the amounts allocated by the spending unit for that purpose from existing appropriations. No provision of this section may be construed to require the Legislature to make any appropriation.
(b) The course of instruction and the objectives in learning and performance for the education of law-enforcement officers required pursuant to this section shall be developed and presented in consultation with public and private providers of programs for victims of domestic violence and programs of intervention for perpetrators, persons who have demonstrated expertise in training and education concerning domestic violence and organizations representing the interests of shelters.
(2) Funding for the continuing education required under subdivision (1) of this section may not exceed the amounts allocated for that purpose by the supreme court of appeals from existing appropriations. No provision of this section may be construed to require the Legislature to make any appropriation.
(b) The course of instruction shall be prepared and may be presented in consultation with public and private agencies that provide programs for victims of domestic violence and programs of intervention for perpetrators, advocates for victims, persons who have demonstrated expertise in training and education concerning domestic violence, organizations representing the interests of shelters and the family protection services board.
(A) Curricula that are appropriate for various ages for pupils concerning the dynamics of violence, prevention of violence, including domestic violence; and
(B) Curricula for school counselors, health care personnel, administrators and teachers concerning domestic violence.
(2) Funding for selecting or developing the curricula required under subdivision (1) of this section may not exceed the amounts allocated for that purpose by the spending unit from existing appropriations. No provision of this section may be construed to require the Legislature to make any appropriation.
(b) The curricula shall be selected or developed by the state board of education in consultation with public and private agencies that provide programs for conflict resolution, violence prevention, victims of domestic violence and programs of intervention for perpetrators of domestic violence, advocates for victims, organizations representing the interests of shelters, persons who have demonstrated expertise and experience in education and domestic violence and the family protection services board.
(2) Funding for the continuing education provided or required under subdivision (1) of this section may not exceed the amounts allocated for that purpose by the spending unit from existing appropriations. No provision of this section may be construed to require the Legislature to make any appropriation.
(b) The courses or requirements shall be prepared and presented in consultation with public and private agencies that provide programs for victims of domestic violence, persons who have demonstrated expertise in education and domestic violence, advocates for victims, organizations representing the interests of shelters and the family protection services board.
(1) Promoting effective strategies for identification of the existence of domestic violence and intervention by public and private agencies serving persons who are victims of domestic violence;
(2) Providing for public education;
(3) Facilitating communication among public and private agencies that provide programs to assist victims and programs of intervention for perpetrators;
(4) Providing assistance to public and private agencies and providers of services to develop statewide procedures and community and staff education, including procedures to review fatalities; and
(5) Developing a comprehensive plan of data collection concerning domestic violence in cooperation with courts, prosecutors, law-enforcement officers, health care practitioners and other local agencies, in a manner that protects the identity of victims of domestic violence. Nothing contained in this subdivision shall be construed to modify or diminish any existing law relating to the confidentiality of records.
The Legislature finds that increasing numbers of children are living with one parent and that many of these children have been exposed to violence in the home. The Legislature further finds that it is sometimes in the best interests of children that the exercise of custodial responsibility, including the exchange of children, be monitored in order to observe and record the exercise of custodial responsibility and to discourage or prevent inappropriate conduct. For these reasons, the Legislature declares that a program be implemented to foster safe and neutral centers to monitor custodial responsibility, including the exchange of children, through the certification of children's centers for the monitoring of custodial responsibility.
(b) At a minimum, the rules are to include:
(1) Requirements for the physical facilities in which centers operate, including accommodations for persons with disabilities;
(2) Requirements for the qualification and training of individuals monitoring custodial responsibility, including the exchange of children;
(3) Requirements for qualifications and training of persons authorized to evaluate centers for compliance with the requirements of this part and rules promulgated pursuant to this section;
(4) The period of certification; and
(5) Allowable fees for use of the centers.
(b) The board may direct an evaluation to be made of a center that has applied for certification or has been certified to determine the center's ability to monitor custodial responsibility, including the exchange of children, and the center's compliance with the provisions of this article, rules promulgated pursuant to this article and other law. The evaluation may be done by the appointed members of the board, by designees of the board or by peer evaluation by persons employed at other certified centers.
(c) The board may suspend or revoke certification of a center if the board finds that the center has ceased to comply with the provisions of this article, rules promulgated pursuant to this article or other law.
(b) No person may represent to the public that a center is certified unless the center has been certified in accordance with the provisions of this article. Any person violating the provisions of this subsection is guilty of a misdemeanor and, upon conviction thereof, shall be fined no more than five hundred dollars.
(b) Judges and magistrates may require a person to pay a reasonable amount based on ability to pay and other relevant criteria for any fee charged by a center.
(c) Certified centers may monitor custodial responsibility or provide other services to persons who are not ordered to seek the services of the center when the adult parties agree to the use of the center.
Acts, 2010 Reg. Sess., Ch. 32. Note: WV Code updated with legislation passed through the 2012 1st Special Session
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