Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS 45.313,
61.870-61.884,
194A.060,
194A.550,
198B.050,
205.455(4),
209.020(2),
209.030(2),
(7),
209.140,
Chapter 209A, 211.350-211.380, 403.720(1), 620.050, 45 C.F.R. 74, 92,
42 U.S.C.
10401-10420
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
194A.050(1) requires the
Secretary of the Cabinet for Health and Family Services to promulgate
administrative regulations necessary under applicable state laws to protect,
develop, and maintain the health, personal dignity, integrity, and sufficiency
of the individual citizens of the commonwealth.
KRS
209.030(1) authorizes the
secretary to promulgate administrative regulations to effect the purposes of
KRS Chapter 209 governing protective services to adults.
KRS
209A.045(2) requires the
cabinet to designate one (1) nonprofit corporation in each area development
district to serve as the primary service provider and regional planning
authority for domestic violence shelter, crisis, and advocacy services in the
district in which the designated provider is located. This administrative
regulation establishes performance standards for qualifying applicants for
state funds related to domestic violence shelters.
Section 1. Definitions.
(1) "Agency" means a private or public
nonprofit incorporated organization, or organization in the process of
obtaining nonprofit status:
(a) That has the
capacity to provide domestic violence shelter and related services to a client;
and
(b) With whom the cabinet or
its designee contracts for services.
(2) "Cabinet" is defined by
KRS
209.020(2) and
209A.020(1).
(3) "Client" means a:
(a) Victim as defined by
KRS
209A.020(6); and
(b) Dependent child of the victim.
(4) "Dating violence and abuse" is
defined by
KRS
209A.020(2).
(5) "Director" means an individual
responsible for the administration of the domestic violence shelter and related
services.
(6) "District" is defined
by
KRS
205.455(4).
(7) "Domestic violence and abuse" is defined
by
KRS
209A.020(3).
(8) "Domestic violence shelter" means a
program which provides a client:
(a) A safe
place to stay; and
(b) Related
services including:
1. Counseling;
2. Advocacy;
3. Food; and
4. Information and referral
services.
(9)
"Governing board" means a legally-constituted group of individuals whose
function is to oversee operations of an agency providing domestic violence
shelter.
(10) "Professional" is
defined by
KRS
209A.020(5).
(11) "Reportable incidents" means an
occurrence that would require the director of the domestic violence shelter to
make a report of the incident to the program's governing board for liability
reasons.
(12) "Victim" is defined
by
KRS
209A.020(6).
(13) "Volunteer" means a person who:
(a) Is either third-party funded or who is
donating free service time; and
(b)
Works directly in the domestic violence shelter or is performing a related
service at the request of the director.
Section 2. Management.
(1)
(a)
Each agency shall be managed by a governing board constituted to allow broad
community participation in its activities.
(b) The governing board shall:
1. Have the authority and responsibility to
ensure continuing compliance with this administrative regulation and other
relevant federal, state, and local law, including
KRS
61.870 to
61.884,
209.030(2)
and (7),
209.140,
Chapter 209A, and 45 C.F.R. Parts 74 and 92, where applicable;
2. Develop written personnel policy and
procedures including:
a. Job
classifications;
b.
Specifications;
c. A compensation
plan;
d. Attendance and leave
policies;
e. Fringe
benefits;
f. Affirmative
action;
g. Personnel grievance
procedures; and
h. Hiring and
firing practices, including lay-off and disciplinary procedures;
3. Adopt written bylaws,
including:
a. The purpose of the
agency;
b. Number of
members;
c. Qualifications for
board memberships;
d.
Composition;
e. The method of
selecting members;
f. Terms of
members;
g. Officers and
duties;
h. Method of electing
officers and chairpersons;
i.
Standing committees;
j. Provision
for approval of programs and budgets;
k. The frequency of board meetings and
attendance requirements; and
l.
Provision for official record of meetings and action taken; and
4. Be responsible for ensuring
that all reports, records, or information deemed necessary to determine fiscal,
administrative and programmatic effectiveness are submitted to the cabinet or
its designee.
(2)
(a) A
domestic violence shelter shall create an advisory board for the purpose of
studying and recommending functions to the governing board if the governing
board provides no direct oversight to the domestic violence shelter.
(b) The governing board shall:
1. Not delegate the responsibility of the
final approval, responsibility, accountability, or direction of agency policy
to the advisory board; and
2.
Retain responsibility for the functions specified in subsection (1) of this
section.
(3)
Board meetings shall be conducted in compliance with the most current version
of "Robert's Rules of Order".
(4)
The governing board shall make a copy of personnel policy and procedures
available to staff, volunteers, and the cabinet or its designee.
(5) The governing board and advisory board,
if appropriate, shall:
(a) Forward the
official minutes of each meeting within thirty (30) days of approval to:
1. Each member of the board; and
2. The cabinet or its designee; and
(b) Follow the guidelines in the
most current version of "Robert's Rules of Order".
(6) If the agency is a subsidiary of a larger
entity, the provisions of subsections (1) through (5) of this section shall
apply to the larger entity.
Section
3. Staff.
(1)
(a) An agency's governing board shall appoint
one (1) staff person as a domestic violence shelter director.
(b) The director shall:
1. Have responsibility for supervision of the
duties and activities of staff and volunteers;
2. Coordinate domestic violence shelter and
related services;
3. Fulfill the
duties as required by the governing and advisory board; and
4. Report directly to the board on domestic
violence program activities.
(2) The agency shall:
(a) Maintain and assure the provision of
competent staff to provide services at the domestic violence shelter as
follows:
1. Volunteers shall be under the
control and direction of the director even though they are not paid staff;
and
2. Staff shall:
a. Be at least eighteen (18) years of
age;
b. Have education, training,
or experience to perform their particular job;
c. Have a willingness to work with others,
including clients coping with multiple issues;
d. Be knowledgeable in domestic violence and
abuse issues; and
e. Be
knowledgeable in dating violence and abuse issues;
(b) Submit to the cabinet or its
designee a staffing pattern indicating:
1.
Areas of responsibility; and
2.
Lines of authority and supervision;
(c) Provide and maintain a record of
orientation and in-service training for staff and volunteers responsible for
service delivery;
(d) Implement a
system to assure compliance with:
1.
Affirmative action standards; and
2. Equal opportunity employment
standards;
(e) Provide a
system for hearing and resolving grievances of staff and volunteers;
and
(f) Provide cabinet-approved
training:
1. As governed by
KRS
194A.550 to all full and part-time staff and
volunteers having direct contact with clients; and
2. To Include initial training courses and
continuing education courses to be completed at least once every two (2)
years.
Section
4. Physical Facilities.
(1) The
domestic violence shelter shall:
(a) Comply
with applicable local, state, and federal building, fire, safety, and health
codes relating to construction, sanitation, and building maintenance,
including:
1.
KRS 45.313;
2.
815 KAR
7:120;
3.
815 KAR
7:125;
4.
815 KAR
10:060;
5.
KRS
198B.050; and
6.
KRS
211.350 to
211.380;
(b) Be:
1. Of sound construction;
2. Suitable for residential use;
3. Dry; and
4. Adequately heated, ventilated, and
lighted; and
(c) Have:
1. Windows, doors, stoves, heaters, furnaces,
pipes, and ventilating fans protected;
2. Screening provided for windows and doors
unless air-conditioned;
3. Floors
free from splinters and easily cleaned; and
4. Gas heaters and stoves properly
ventilated.
(2) The domestic violence shelter shall
provide a recreation area with comfortable furnishings in sufficient quantity
to accommodate the number of children and adults receiving services.
(3) Bedrooms in a domestic violence shelter
shall:
(a) Be equipped with a bed or other
age- and developmentally appropriate sleeping arrangement of adequate size for
each client; and
(b) Have space for
each client's belongings, including clothing.
(4) The domestic violence shelter and grounds
shall be well maintained.
(5) Each
domestic violence shelter shall maintain a security system to provide for the
physical safety of the client.
Section 5. Medical and Dental. The domestic
violence shelter shall assure that access to emergency medical and dental
services are available within the community or within close
proximity.
Section 6. Meals. The
domestic violence shelter shall provide a client with three (3) meals per day,
which shall consist of at least three (3) of the following five (5) basic food
groups:
(1) Grains;
(2) Vegetables;
(3) Fruits;
(4) Dairy products; and
(5) Meat and beans.
Section 7. Services.
(1) The domestic violence shelter shall
maintain and provide services on a continuing basis and for as many hours as
are necessary to meet the needs of an eligible person.
(2) Staff of the domestic violence shelter
shall apprise a client of resources available from:
(a) The domestic violence shelter;
and
(b) The community.
(3) Upon a client's entrance into
the domestic violence shelter, or if a client is receiving a domestic violence
and abuse or dating violence and abuse related service, domestic violence
shelter staff shall obtain and record in a client case record the following
minimal information:
(a) Name, date of birth,
sex, address, marital status;
(b)
Name and date of birth of an accompanying dependent; and
(c) Identification of reason for
intake.
(4) Upon a
client's entrance into the domestic violence shelter, or if a client is
receiving a domestic violence related service, domestic violence shelter staff
shall obtain and record the following information in a client case record, if
observed or needed:
(a) Identification of
physical injury;
(b) Medical
attention provided; and
(c)
Identification of physical condition or ailment, which may impact services to
be offered the client.
(5) Domestic violence shelter staff shall
report information:
(a) To law enforcement,
upon request of the victim, in accordance with
KRS
209A.100; and
(b) Concerning known or suspected child
abuse, neglect, or dependency or abuse, neglect, or exploitation of a
vulnerable adult to the cabinet in accordance with
KRS
209A.110(2) and
(3).
(6) Upon completion of the gathering of
information as required in subsections (3) and (4) of this section, domestic
violence shelter staff shall develop a service plan:
(a) For each client; and
(b) To establish a summary of services needed
by the client and available within the domestic violence shelter and
community.
(7) Domestic
violence shelter staff shall document and maintain in the client's case record
any:
(a) Referral of the client for services
outside the domestic violence shelter; and
(b) Service coordination with other
agencies.
(8) The
domestic violence shelter shall:
(a) Offer
Daily program activities with emphasis upon each client's physical,
intellectual, and social needs;
(b)
Have and enforce a policy, which prohibits possession of weapons, alcohol, or
nonpre-scribed drugs while in the shelter;
(c) Provide a locked cabinet for client
medication storage;
(d) Develop and
implement procedures to provide for the movement to more appropriate
accommodations for those clients who:
1.
Present a danger to self or others; or
2. Refuse to comply with domestic violence
shelter rules governing the safety of staff and clients;
(e) Establish written procedures to be given
to each client upon initial contact describing:
1. The services to be rendered; and
2. A method for handling client complaints
including:
a. An opportunity for the client to
have access to the cabinet's grievance procedure for review in accordance with
922 KAR 1:320, Section 10; and
b.
The cabinet's access to client records in the possession of each domestic
violence shelter for review upon the filing of a service complaint by the
client;
(f)
Assure that services are available to clients in the area development district
in which the agency is located;
(g)
Accept referrals on a statewide basis, if space is available;
(h) Cooperate with other domestic violence
agencies on a statewide basis;
(i)
Develop and implement procedures for emergency and temporary domestic violence
shelter closure;
(j) Maintain a
record of reportable incidents involving a client and forward a copy of the
incident report to the cabinet or its designee; and
(k) Develop and implement a plan for the
provision of outreach services in counties of the area development district in
which it is located.
(9)
(a) Unless conditions specified in paragraph
(b) of this subsection are met, domestic violence shelter staff shall not
dispense nor administer medication, but shall allow each client to take their
own medication as prescribed.
(b)
Domestic violence shelter staff may dispense or administer emergency medication
to a client if:
1. The domestic violence
shelter staff has received training on the emergency medication;
2. Emergency medication may be necessary to
save a client's life; and
3.
Measures are taken to prevent unauthorized access to the emergency medication
by a client in the domestic violence shelter.
(10) A domestic violence shelter shall make
educational materials available to professionals in accordance with
KRS
209A.130.
Section 8. Records.
(1) A case record shall be:
(a) Maintained on each client served by the
domestic violence shelter during the time that the client is receiving
services;
(b) Strictly
confidential; and
(c) Shared only
in accordance with
KRS
209A.070.
(2) Records of the cabinet or its designee in
the possession of an agency are strictly confidential and shall be shared with
other individuals or organizations:
(a) Only
as provided in
KRS
209.140,
194A.060,
and
620.050;
and
(b) With the prior written
permission of the cabinet.
(3) The cabinet shall have access to the
agency property and to records of services provided, including agency financial
and client case records for the purpose of auditing and monitoring.
(4) Domestic violence shelters shall keep
client case records for six (6) years after the last day of service.
STATUTORY AUTHORITY:
KRS
194A.050(1),
209.030(1)