Current through Register Vol. XLI, No. 38, September 20, 2024
Section 191-1-5 - Licensure of Domestic Violence Programs, Batterer Intervention and Prevention Programs, and Monitored Parenting and Exchange ProgramsAll domestic violence, batterer intervention and prevention and monitored parenting and exchange programs must be licensed by the Board. The Board shall enforce standards and a process for licensure.
The Board shall, by certified letter, notify any organization operating without a license as a domestic violence, batterer intervention and prevention program or a monitored parenting and exchange program of its right to apply for licensure. The Board may petition the circuit court for an order preventing the operation of any organization which refuses to obtain a license as required under this rule and W. Va. Code §§ 48-26-101 et seq.
5.1. License Application 5.1.a.1. The Board shall establish preliminary application and full application forms for the initial licensing of domestic violence programs, batterer intervention and prevention programs and monitored parenting and exchange programs.5.1.a.2. The organization must apply when it initially requests licensure and meet basic criteria as determined by the Board or when it wishes to reopen after closure.5.1.a.3.To meet basic eligibility requirements an applicant for licensure must 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. The board shall respond in writing within sixty days of receipt of the preliminary application,5.1.a.4. If the board approves the preliminary application, the applicant may complete a full application form.5.1.a.5. The board shall determine whether all documentation set forth on the licensure checklist of the full application has been submitted, and may request supplemental or clarifying information or documentation.5.1.a.6. The board shall grant or deny a license within sixty days of the receipt of the completed full application form and all supplemental or clarifying information or documentation requested by the board.5.1.b. If the Board finds that an application contains deficiencies which do not require denial of application, a list of deficiencies will be provided to the applicant along with a due date for receipt of additional information.5.1.c. The Board shall renew the licenses of all domestic violence, batterer intervention and prevention programs and monitored parenting and exchange programs that are in compliance with this rule and with Series 2, 3, 4 or 5 of the Board's rules. Forms for license renewal shall be distributed by the Board to licensed programs in a timely manner no later than the thirty-first day of March each year.5.2. Issuance of a License 5.2.a. The Board shall issue an initial or renewal license to any organization which has been approved by the Board as having complied with all established standards set forth in this rule and in Series 2, 3, 4, or 5 of the Board's rules or any rules subsequently promulgated. Compliance with the standards shall be evaluated by Board members, by Board staff, by other knowledgeable persons, or by any combination thereof as determined by the Board.5.2.b. All initial licenses shall be valid for up to one (1) year. The Board may conduct licensure reviews at any time during the licensure period, and may downgrade, suspend or revoke a license. Every licensed program shall conspicuously display the license.5.3. Review of Existing Licensure. 5.3.a. The Board shall review all licensed domestic violence, batterer intervention and prevention and monitored parenting and exchange programs prior to the expiration of the existing license. The review will be conducted using a checklist and documentation of compliance with the licensing standards found in Series 2 through 5 of the Board's rules.5.3.b. The Board shall assure an on-site review of the established standards found in this rule for at least one-half of all programs which are licensed for a year or less. Review of the remaining programs which are licensed for a year or less shall be determined by the Board. The Board shall conduct, prior to the expiration of the license, an on-site review of all programs which are licensed for more than one year. The standards compliance review will be completed utilizing the most current revision of the standards checklist authorized by the Board. 5.3.c.1. Any areas of non-compliance shall be documented on the licensing review summary form by the person(s) authorized by the Board to conduct the review. The Board shall review each area of non-compliance and consider the relative risk it poses to the health, safety and well-being of individuals being served by the domestic violence, batterer intervention and prevention or monitored parenting and exchange program, and staff employed by the program.5.3.c.2.The board may conduct licensure reviews at any time during the licensure period, and may downgrade, suspend or revoke a license.5.3.d. The Board may contact the program's partner agencies to determine program effectiveness in relationship to community needs.5.4. Issuance of a Provisional or Conditional License. 5.4.a.1. The Board may grant provisional licensure for up to one hundred and eighty days, to a program that is not in compliance with non-life threatening safety, programmatic, facility or administrative standards. A provisional license may be extended for up to an additional one hundred and eighty days, if the board, in its sole discretion, determines that the program is making active progress toward compliance.5.4.a.2. The Board may grant conditional licensure for up to ninety days to a program that has violations of safety or accountability standards that 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. If a program does not correct the violations within the conditional license period, the board may institute closure proceedings.5.4.b. Upon a finding by the Board that a domestic violence, batterer intervention and prevention or monitored parenting and exchange program is not in compliance with this rule and is eligible for a provisional or conditional license, the Board shall give the program written notice of deficiency that shall include, but not be limited to the following: 5.4.b.1. A statement of program deficiencies or need for additional information.5.4.b.2. A requirement to submit a plan of correction regarding the deficiencies or additional information.5.4.b.3. A timeline for submission of the plan of correction or additional information.5.4.b.4. A requirement that compliance occur within a time period set by the Board.5.5. Revocation or Suspension of a License and Closure of a Licensed Program. The Board may suspend or revoke a license and, in connection therewith temporarily or permanently close any domestic violence, batterer intervention and prevention or monitored parenting and exchange program that violates the standards established under Series 2, 3,4, or 5 of the Board's rules, or that threatens the health, well-being or safety of its participants or staff, subject to the requirements in this rule regarding hearings under subsection 5.6.
If either the shelter component or the outreach component of a domestic violence program is closed, the remaining component of the program may continue to be licensed and to receive funds.
If a shelter is closed, the governing body of the program, in conjunction with the board, shall establish a plan to place the participants in other shelters or alternative housing.
5.5.a. In order to close a domestic violence program or one of its components, a batterer intervention and prevention program or a monitored parenting and exchange program, the board must vote unanimously in the affirmative. All other disciplinary actions by the board require a majority vote.5.5.b. The Board shall send written notice of the license revocation or suspension by certified mail to the president of the domestic violence, batterer intervention and prevention, or monitored parenting and exchange program's governing board. The notice shall include a statement of the program's alleged violations of this rule. The program's board of directors will have fifteen (15) days after receipt of the notice, to respond to the allegations. This response shall be in writing. If there is no written response, the Board will proceed with the revocation or suspension of the program's license. The Board will not provide funds to a program whose license has been revoked or suspended; however, the board may temporarily or permanently close either the shelter component or the outreach component of a domestic violence program and the remaining component of the program may continue to be licensed and to receive funds.5.6. Hearing Procedures: Judicial Review.5.6.1. When a license for a program is downgraded or discontinued through permanent or temporary closure, the program's governing body is entitled to a hearing before the board. 5.6.1.a. Hearings shall be held in accordance with the provisions of article five, chapter twenty-nine-a of this code.5.6.1.b. The board may conduct the hearing or elect to have a hearing examiner or an administrative law judge conduct the hearing. If the hearing is conducted by a hearing examiner or an administrative law judge: 5.6.1.b.1. The hearing examiner or administrative law judge shall be licensed to practice law in this state and shall conform to the Code of Conduct for Administrative Law Judges as set forth by the Ethics Commission in legislative rule;5.6.1.b.2. At the conclusion of a hearing, the hearing examiner or administrative law judge shall prepare a proposed written order containing recommended findings of fact and conclusions of law and may include recommended sanctions, including closure, if the board so directs;5.6.1.b.3. The board may accept, reject, modify or amend the recommendations of the hearing examiner or administrative law judge; and5.6.1.b.4. If the board rejects, modifies or amends the recommendations, the board shall state in the order a reasoned, articulate justification based on the record for the rejection, modification or amendment.5.6.2. Pursuant to the provisions of section one, article five, chapter twenty-nine-a of this code, informal disposition may also be made by the board by stipulation, agreed settlement, consent order or default. Further, the board may suspend its decision and place a license on conditional or provisional status.5.6.3. A licensee adversely affected by a decision of the board entered after a hearing may seek an appeal to the Circuit Court, in accordance with the provisions of section four, article five, chapter twenty-nine-a of this code, and may appeal a decision of the Circuit Court to the West Virginia Supreme Court of Appeals, in accordance with the provisions of article six, chapter twenty-nine-a of this code.5.6.4. The Board shall adopt policies and procedures related to hearings as defined in § 48-26-408 by July 1, 2015.