Louisiana Administrative Code
Title 4 - ADMINISTRATION
Part VII - Governor's Office
Chapter 17 - Women's Services
Subchapter B - Family Violence Program Minimum Standards
Section VII-1728 - Eligibility
Universal Citation: LA Admin Code VII-1728
Current through Register Vol. 50, No. 9, September 20, 2024
A. Basic Considerations. These standards assure equal provision of services to family violence survivors and their dependents.
B. Standards
1. Persons eligible for the services of
family violence programs include, but are not limited to family violence
survivors, their legal dependents, and those that are or have been in danger of
being emotionally, physically or sexually abused and meet the following
criteria:
a. adults, legally emancipated
minors, or minors granted permission for services by a parent, guardian,
judge's order or caretakers of eligible persons;
b. in the event of non-emancipated minors
seeking services for themselves, programs shall acquire parental permission
prior to providing applicable services;
c. those eligible under the above definition
who are/have been abused, or who believe they are in imminent danger of being
abused, by their current or former intimate partner;
d. those eligible above who have no safe
place to go;
e. those eligible
above who willingly agree to abide by program guidelines;
f. those with the ability to take primary
care of themselves and their dependents within a communal living
facility.
2. Programs
provide services regardless of race, religion, color, national origin, gender,
age (within above guidelines), mental or physical disability, sexual
orientation, citizenship, immigration status, marital status or language
spoken.
3. Programs provide
services to male survivors who are eligible through collaboration with other
organizations.
4. No minor
dependent males or females with their parent or guardian are denied access to
services on site. Survivors and their dependents may become ineligible if there
is evidence that supports a history of violence and the refusal to follow
safety guidelines either for themselves or others to cause the environment to
become unsafe. Programs may apply to OWS for exemptions because of facility
restrictions. Limited exemptions may be given on a case by case basis on
presentation of a workable plan.
C. Special Needs and Circumstances
1. Alcohol or Drug Abuse and Addictions.
Family violence programs do not withhold services to persons using alcohol or
drugs, off the program property, solely based upon the use of the alcohol or
substance. Programs provide a written policy demonstrating how repetitive
substance/ alcohol use, or the demonstration of behaviors incongruent with
community living, may affect continued stay in a facility or the limitations of
other services available.
2. In
cases where survivors require assisted living, eligibility is not withheld, but
services made available through coordinated efforts between family violence
program staff and other identified service providers.
D. Length of Stay (Emergency Shelter/Safe Home)
1. Programs offer safe shelter for a
minimum of six weeks. Survivors are informed of the minimum length of stay and
any criteria which may impact or shorten this stay.
2. Extensions of length of stay are
contingent upon the survivor's progress toward meeting self-identified
goals.
3. Reasons for denial of
extensions requested by a survivor are documented in the case file and shared
with the survivor in sufficient time for her to make other safe arrangements if
necessary.
E. Repetitive Admissions
1. No program shall place a limit
on the number of admissions to shelter without the presence of at least one of
the ineligibility criteria.
F. Ineligibility
1. In some instances, applicants and current
survivors may be denied services. Programs inform survivors seeking residential
services of these instances as soon as possible in order for them to make a
more enlightened decision about choosing to come to shelter, instead of waiting
until intake when they have already risked leaving their abuser.
G. Criteria
1. The extent to which these criteria affect
the long-term or future eligibility for services must be evaluated and
documented on a case-by-case basis:
a. not an
adult or emancipated minor, or granted permission;
b. active suicidal or homicidal
behaviors;
c. previously been
disqualified from services.
2. In the event the program cannot admit new
survivors due to capacity, every effort is made to secure and facilitate
admission to safe alternate accommodations. This placement may include, but not
be limited to hotel/motels, safe homes, LCADV/OWS sister shelters, homeless
shelters, or other facilities which can be safely and confidentially
provided.
3. If, prior to
admission, a person is determined ineligible for shelter services, information
and referrals are made for other appropriate services.
4. If, after admission, a person is
determined to be ineligible for services, program staff:
a. refers the person(s) to appropriate
services elsewhere;
b. assists the
person(s) with accessing transportation, if possible, to receive the
services.
5. Programs
maintain written protocols outlining the location(s) and methods by which
shelter, advocacy/ counseling, and other services are delivered to eligible
adult and minor male survivors needing services.
AUTHORITY NOTE: Promulgated in accordance with R.S. 46:2122 B and R.S. 46:2127 B1.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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