Current through Reg. 50, No. 187; September 24, 2024
The provider shall develop and implement written policies and
procedures that ensure compliance with all provisions of this rule chapter and
Sections 39.905 and
39.908, F.S. The provider shall
make the written policies and procedures available to all employees and
volunteers upon their beginning date of employment or service and, thereafter,
as revised. Employees and volunteers must indicate in writing that they have
read and understand the policies and procedures, relevant to their position or
volunteer duties, which must be documented in their personnel file. At a
minimum, the operating policies or procedures shall address the
following:
(1) Admission. The provider
shall establish and implement written policies and procedures that identify who
is eligible for services and how those services are accessed. Services shall
not be denied to any person because of age, race, religion, color, disability,
national origin, marital status, or gender. Prospective participants must be
informed of the admission criteria and, if ineligible, the provider must
provide referrals to other organizations that can provide assistance.
(2) Board of Directors. The provider shall
establish and maintain a board of directors, which shall be composed of at
least three citizens who reside within the center's service area, one of whom
must be an employee of a local, municipal, or county law enforcement agency
whose jurisdiction includes some or all of the center's service area. The board
of directors should racially and ethnically reflect, to the extent possible,
the participants served by the domestic violence center. The board of directors
shall serve as the governing body responsible for fiscal oversight and
strategic leadership specific to the operation of the center. The provider
shall create an advisory board to make recommendations to the board of
directors regarding operational functions specific to the domestic violence
center if the board of directors does not directly provide fiscal oversight and
strategic leadership to the domestic violence center. The provider shall
develop by-laws, which must include membership selection process, term limits,
code of conduct, conflict of interest, duties and responsibilities, and
orientation and training requirements for the board of directors and any
advisory boards.
(3)
Confidentiality. The provider shall establish and implement written policies
and procedures for maintaining safety, confidentiality, and privacy of persons
receiving services. The provider shall also ensure that employees and
volunteers receive written information on the restrictions relating to the
disclosure of information about center participants and the location of shelter
as provided in Section
39.908, F.S.
(4) Endorsement. The provider must obtain
annual written cooperative agreements with the primary law enforcement agency
within each county of the center's service area.
(5) Emergency Management. The provider shall
develop an emergency management plan that is coordinated with the applicable
local emergency management agency.
(a) The
plan must outline a comprehensive and effective program to ensure the safety
and well-being of employees, volunteers, and center participants in the event
of an emergency. The plan should address emergencies that the provider may
reasonably expect in the center facilities. Examples are: natural or manmade
disasters such as hurricanes or tornados; contamination of the air, ground,
water, or food; fire; public health hazards such as outbreak of communicable,
reportable diseases such as avian influenza, arboviral encephalitis,
salmonella, severe acute respiratory syndrome (SARS), West Nile virus, etc.;
significant incidents such as participant death or injury; security incidents
such as intruders, hostage situations, kidnapping, and workplace violence; or
human acts that may jeopardize the health, safety, or welfare of center
employees, volunteers, or participants.
(b) The emergency management plan must
include, at a minimum, the following elements: procedures for reporting
emergencies or incidents as identified in paragraph (5)(a), above;
identification of essential functions, programs, and personnel; procedures to
implement the plan and personnel notification; delegations of authority and
lines of succession; identification of alternative facilities; procedures for
evacuation, including type of evacuation and exit route assignments; procedures
to account for all staff members and participants; and identification and
protection of records and databases.
(c) The provider must annually review and
update the plan. A current plan shall be maintained in the center records and
made available for inspection upon request.
(6) Financial Management. The provider is
responsible for the sound financial management of the domestic violence center
by ensuring proper financial controls are in place and by maintaining current
financial documents described in Rule
65H-1.012, F.A.C.
(7) Incident Reporting. The provider shall
notify the Department or contracted entity as soon as practical, and in no
event more than 24 hours, after any incident that involves death or serious
injury of a participant or their dependent, as well as any action by the
participant or provider staff that results in an inquiry by public
media.
(8) Personnel. The provider
may not discriminate against employees, applicants for employment, or
participants because of their age, race, religion, color, disability, national
origin, marital status, or gender. Personnel should racially and ethnically
reflect, to the extent possible, the participants they serve. The provider
shall ensure that there is adequate staff coverage at all center facilities for
the provision of required core services, as well as any additional services the
center provides.
(a) A certified domestic
violence center must have, at a minimum, the following paid staff positions:
1. One full-time administrator responsible
for the management of the domestic violence center who reports to the board of
directors. Qualifications include a bachelor's degree from an accredited
college or university and two years' experience working in the domestic
violence field, or four years minimum experience in an
administrative/management capacity and two years' experience working in the
domestic violence field. The administrator must successfully complete 30 hours
of domestic violence competency-based core training within 90 days of their
date of employment. Upon successful completion, the administrator must
register, according to Section
39.905, F.S., as someone who may
claim privilege under Section
90.5036, F.S. In the event the
administrator position becomes vacant, an interim administrator must be
appointed until the position can be filled permanently. A board member may not
serve in the position at any time.
2. One full-time advocate services manager
responsible for managing all advocacy, counseling, and volunteer services.
Qualifications include a bachelor's degree from an accredited college or
university, or four years of direct service experience in the field of domestic
violence. The advocate services manager must successfully complete 30 hours of
domestic violence competency-based core training within 90 days of their date
of employment. Upon successful completion, the advocate services manager must
register according to Section
39.905, F.S., as someone who may
claim privilege under Section
90.5036, F.S.
3. One full-time or part-time accounting
manager responsible for ensuring the integrity of the center's financial
records and preparation of financial statements. Qualifications include a
minimum of two years accounting experience.
4. The provider must select one full-time
employee within the center to be designated as the emergency coordinator and
another to be the alternate emergency coordinator. The emergency coordinator is
responsible for implementing the center's emergency management plan and
providing training to all employees and volunteers on their duties and
responsibilities for implementing the plan.
(b) If the administrator or accounting
manager positions listed above become vacant, or if the employee assigned to
the position is unable to fulfill their duties and responsibilities due to an
extended absence, the provider shall notify the Department or contracted entity
within five business days of the vacancy or absence.
(c) The provider may determine other
positions and their qualifications as needed within the center.
(d) The provider shall ensure that employees
and volunteers comply with policies and procedures for maintaining the safety,
confidentiality, and privacy of persons receiving services and with the
prohibition against disclosure of any information about center participants and
shelter location as provided in Section
39.908, F.S.
(e) The provider shall develop and implement
standards of conduct and disciplinary action for violation of
standards.
(f) The provider shall
maintain current, accurate, and complete personnel records for all employees
and direct-service volunteers, which shall include position descriptions and
training records.
(9)
Privilege. The provider shall ensure that all employees and volunteers who
provide direct services register for advocate-victim privilege according to
Section 90.5036, F.S. The provider shall
ensure that a current and accurate list of said employees and volunteers with
their position title is filed with the Department or contracted entity. The
provider, as necessary, shall file amendments to the list.
(10) Record Keeping. The provider shall
provide for the maintenance of records, including electronic storage media,
regarding the administrative, fiscal, and programmatic operation of the
domestic violence center. Records shall be current, complete, accurate, and
maintained in such form as to permit Department or contracted entity evaluation
during the hours of operation. Information about domestic violence center
clients or the location of the domestic violence center may not be disclosed
except as provided in Section
39.908, F.S. All records and
files, including electronic storage media, shall be kept for a minimum period
of six years after termination of certification, or if an audit has been
initiated and audit findings have not been resolved at the end of six years,
the records and files shall be retained until resolution of the audit findings.
Records include, but are not limited, to the following:
(a) Case Management Records. The provider
shall maintain case management records in compliance with rule
65H-1.014, F.A.C.
(b) Fiscal Records. The provider shall
maintain an accounting system capable of distinguishing between all revenue
sources and expenditures and in accordance with generally accepted accounting
principles (GAAP) as established by the Federal Accounting Standards Advisory
Board. The provider's fiscal records shall provide an accounting of the revenue
and expenditures of the certified center that is separate and distinct from
other programs and services that may be operated by a parent entity such as a
local government or an umbrella agency. The provider's fiscal records must be
available for inspection by the Department or contracted entity upon
request.
(c) Service Reports. The
provider shall collect and compile a monthly record of all services provided.
The record shall include the gender, age, ethnicity, and, if applicable, other
information as required by contract, of the people served. The provider shall
forward a monthly summary report to the Department or contracted entity each
month for evaluation of domestic violence service trends.
(11) Staff Training and Development. The
provider shall develop, implement, and review annually and revise as necessary
a staff training and development plan to ensure that all new employees, current
employees, and volunteers meet training requirements as required by this rule.
The plan shall include policies and procedures for implementing training
activities, course titles, descriptions, objectives, number of hours, names of
instructors with title or position or source, dates or timeframes, and training
requirements for each staff position. The training of each employee and
volunteer shall be documented in the staff member's personnel file or training
record and shall include activities or course titles, number of hours, names of
instructors and title or position, and dates of completion. The minimum
training must include:
(a) Competency-Based
Core Training. Advanced-level training on domestic violence that includes the
knowledge and skills needed to work in domestic violence program areas such as
crisis intervention, safety planning, and advocacy. All staff members who
supervise, coordinate, and/or provide direct advocate or counseling services to
center participants shall successfully complete 30 hours of domestic violence
competency-based core training. The successful completion of this training is
required in order for an employee and participant to assert the evidentiary
privilege afforded by Section
90.5036, F.S.
(b) In-Service Training. Training designed to
help employees and volunteers develop their knowledge and skills related to
domestic violence and the successful performance of their job. All staff
members who supervise, coordinate, and/or provide direct advocate or counseling
services are required to successfully complete 16 hours of in-service training
each state fiscal year. The training requirement is effective upon the first
anniversary of their employment or service.
(c) Emergency Training. In addition to
in-service training, all staff members shall receive, at a minimum, annual
training on implementing the center's emergency management plan as identified
in subsection (5), above.
Rulemaking Authority
39.903 FS. Law Implemented
39.905
FS.
New 11-30-09, Formerly
65H-1.001,
65H-1.003, Amended 2-5-15,
5-4-20.
