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-1730 - Intervention Services
Universal Citation: LA Admin Code VII-1730
Current through Register Vol. 50, No. 9, September 20, 2024
A. Basic Considerations. These standards assure quality intervention services provided within family violence programs.
B. Standards
1. General
a. The first priority of the staff is
immediate response and accessibility for a hotline caller.
b. A family violence program provides a back
up system for use during emergencies. A supervisor or designee is available "on
call" by way of pager or in some manner of contact that allows for immediate
response. Each program establishes a protocol that defines criteria and steps
for using the back-up system.
c.
Family violence programs keep a record of individual and group supervision for
shelter employees. Supervision is implemented no less than monthly for
part-time employees (20 or less in a week) and biweekly for full-time
employees. Documentation of supervision for volunteers is recorded and
implemented as if they were part time employees.
d. Documentation of staff/volunteer
supervision reflects the fact that the supervision took place and a listing of
general subject(s) covered in the session in the personnel or volunteer's file.
In the event of problems related to staff performance, documentation is
performed according to the program's personnel policies.
e. A protocol is developed by each program
for safe travel of survivors. Protocols contain a provision for survivor travel
to the shelter for intake. Further, the protocol reflects survivors need for
local travel whether provided by themselves, the program or public/private
carriers.
f. Programs document the
attempt to provide an exit interview with each survivor prior to their
departure. Minimum categories of exit interview include, but are not limited
to, an assessment of programs, services, treatment by staff (respectful,
helpful, available), knowledge of staff in the areas of dynamics of family
violence, children's services, safety planning, and goal planning. This is
completed by the survivor through use of a survivor friendly survey. The exit
interview provides for a revision of the survivor's safety plan (inclusive of
children's safety issues) and linkage to outreach and/or follow up services
provided by the family violence program and other community resources. These
items are listed in detail on an exit interview form. The exit interview survey
and form is approved by OWS and LCADV.
g. Advocacy, case management and counseling
services of family violence programs are empowerment-based and survivor
directed. Empowerment-based intervention refers to survivor-directed
interventions or services in which the survivor or recipient of services
receives the support and assistance of trained staff who provide safety
planning, assistance with meeting physical and emotional needs, education
regarding the dynamics of domestic violence and living skills based on a case
by case assessment. Empowerment also means allowing the survivor to make her
own life choices within the basic eligibility guidelines of the program without
coercion or threat of loss of services provided by the program.
h. Participation in intervention services
shall be voluntary.
i. Methodology
i. Intervention services are provided in a
manner best suited for individual survivors.
ii. The methods selected is provided only
with approval of survivors.
iii.
Family violence shelters/nonresidential services and outreach services include
individual and group intervention services.
iv. Sessions are provided, as appropriate, to
individual survivors.
v. Shelter
residents are notified in writing that they have at least one hour per day,
five days per week of individual sessions available to them at their request.
Such sessions are provided by staff trained in techniques of individual,
one-on-one intervention and focus on issues of safety planning for the survivor
and dependents, physical and emotional needs assessment, planning for meeting
those needs, education on the dynamics of family violence and knowledge of
community resources with phone numbers provided and available for survivors and
children.
vi. Group sessions for
survivors and their dependents (separately) are provided, as appropriate, no
less than once a week.
vii.
Shelters provide developmentally appropriate, multi-age play groups for
children on a daily basis during the week. Child care is provided during the
parent's initial intake and individual and group sessions if play groups are
not available during that time.
j. Restricted Methods
i. Couples counseling, in any form, is not
provided by family violence programs.
ii. Family counseling that includes the
presence of an alleged batterer is not provided by a family violence
program.
iii. Mediation services
are not provided or accommodated by family violence programs.
iv. Batterer Intervention Services are not
allowed to take place on or near the premises of the family violence program.
Furthermore, individual staff is not allowed to work with both survivors and
batterers. Job descriptions for individual family violence program staff
working with survivors and their dependents do not include work with the
abusers. No staff whose responsibility it is to provide direct services to
survivors, or to supervise or direct programs for survivors, is allowed to
participate in or lead batterer intervention program services. These two
programs remain entirely separate so that it is apparent to survivors that
there is no conflict of interest within the program or staff. This does not,
however, preclude staff from overseeing, for the purposes of holding
accountable, batterer intervention program services.
k. Types of Intervention Services
i. Advocacy is defined as the performance of
direct intervention in behalf of and with the permission of survivors, to
further goals and objectives initiated by the survivor.
(a). Advocacy contacts addressed to
individuals or groups not directly employed by the family violence program are
not initiated without the survivor's direct permission. Proof of permission is
provided by program staff by the recording of such on an approved Release of
Confidential Information Form.
(b).
Advocates provide only information necessary to achieve the goal of each
individual advocacy contact.
ii. Counseling is defined as any individual
or group interaction facilitated by program staff for the purpose of addressing
emotional needs of adult or child users of services.
(a). Crisis Counseling
(b). Peer Counseling
(c). Supportive Counseling
(d). Educational Counseling
iii. Case Management is defined as
any individual or group interaction facilitated by program staff for the
purpose of assisting survivors with assessing needs, setting priorities, goal
setting, implementing objectives, locating resources, or performing any
activities pertaining to the accomplishment of goals. Case management is based
upon survivor-identified goals and not a standardized or 'cookie cutter'
formula. Case management shall reflect, at least the following:
(a). identify and prioritize survivor's
needs, including safety planning;
(b). identify resources available to
survivors;
(c). develop goals and
objectives specific to the survivors' own goals and record these in a
program-approved service plan;
(d).
staff internal and external referrals to assist in goal/objective
achievement;
(e). correlation with
survivor's length of stay, if in a shelter;
(f). progression toward completion of
survivor's goals and objectives;
(g). adaptation to survivor's changing needs,
as appropriate.
l. Provision of Services
i. Each survivor in a shelter will be
assigned a resident-advocate/counselor. This staff person is available to meet
with the survivor daily, Monday through Friday. Daily face-to-face interaction
with the survivor is made available to her in order to check on her safety and
other needs and to offer to schedule a meeting time. If the survivor works, the
survivor's advocate/counselor may contact survivor via telephone or visiting at
workplace if this is desirable and chosen by the survivor.
ii. In the event that a advocate/counselor is
sick or on vacation, it is that advocate/counselor's responsibility to make
sure that another staff member meets with the survivor on that day. This is
documented in the survivor's file.
iii. Empowerment advocacy does not mean the
advocate/counselor sits and waits for the survivor to come to her office. Many
times survivors of family violence need assistance to ask for the things they
need and need to have this modeled for them. This is the advocate/counselor's
responsibility to daily offer and model empowerment to survivors.
m. Appointments and Availability
of Services
i. Intervention staff, whether
shelter or nonresidential, is provided during times when most survivors need to
access and receive services. Survivors are informed of the process by which
they may gain access, informally and by appointment, to advocates within the
program in which they are receiving services.
ii. At the time appointments are made, staff
assists individual survivors in developing a safety plan, as necessary, for
traveling to and from appointments.
2. Documentation
a. Documentation for Advocacy, Counseling and
Case Management contains at least:
i.
demographic data;
ii. lethality
assessment;
iii. history of
abuse;
iv. safety plan;
v. description of the abuser;
vi. individualized service plan;
vii. children's assessment (if children in
the family);
viii. notification of
exceptions to confidentiality, advising survivors of advocate's duty to release
confidential information in the following circumstances:
(a). report child abuse;
(b). protect against danger to self or
others;
(c). summon emergency
services;
(d). maintenance of
safety and health standards of shelter facilities;
ix. release of liability form;
x. informed consent to release confidential
information form(s);
xi. exit
interview.
b.
Documentation for advocacy contains at least:
i. demographic data and appropriate releases
of information as needed; and
ii.
document dates of advocacy and contact.
c. Documentation for Case Notes reflects the
following:
i. notes are entered in
chronological order;
ii. notes have
full signature of advocate/ counselor;
iii. entries are made immediately after all
survivor contact;
iv. white-out is
not used;
v. only necessary facts
are recorded;
vi. notes do not
contain any diagnosis or clinical assessments;
vii. notes on one survivor do not include
other survivor names;
viii. errors
are corrected by drawing one line through it, write "error;" and
ix. initial; then continue with
note.
3.
Computer Generated Case Notes
a. In the event
of the use of computer-generated case notes or survivor records, it is the
responsibility of each family violence program to assure confidentiality of
information. Each program must maintain a written policy and accompanying
procedures that reflect security measures. These contain, but are not
necessarily limited to:
i. a generalized
policy stating the responsibility of all staff and volunteers to assure
survivor confidentiality;
ii. a
standardized protocol for creating and securing computerized survivor data on
all computers including portable laptops;
(a).
stating which data entries are allowable and those which are not;
(b). outlining use and storage of
disks;
(c). outlining the uses and
protection of hard-drive storage (including protocols for use of
passwords);
(d). outlining the use
and methods of network systems storage;
(e). outlining protocols for the creation,
routing and storage of hardcopy materials generated from computer-based
records. Further, programs provide the following:
(i). access to computerized confidential
records is protected by the use of appropriate software and
passwords;
(ii). protocols for
timely download or deletion of survivor-related information is provided when
computers are shared without use of passwords;
(iii). in the event a protocol includes use
of a computer's recycle bin, staff are required to delete the information from
the recycle bin as a final step in the process of deleting confidential
files.
4. Support Groups
a. Interactive group sessions are topic
oriented, or informational and educational, and conducted in a process that is
survivor-directed, and facilitated by qualified trained program
staff/volunteers.
b. Family
violence programs highly recommend that the adult survivors attend a minimum of
three support groups while residing in a shelter or when being seen
individually in non-resident advocacy. The unwillingness for this to occur by
the survivor may not be used as a reason to remove survivors from programs.
Also, children of adult survivors may not be restricted from attending
children's group if the mother refuses support group, although the mother may
be required to remain at the program while her child is in group.
c. Family violence programs provide at least
one weekly group for adult survivors while providing at the same time, a
multi-age play group for the children of the adult survivors. If the children's
group is not always possible, then at the very minimum, appropriate child care
is provided during the adult survivor's group.
d. Support group attendance is documented in
each survivor's file to include, date of group, topic of discussion, any
factual information pertinent to the survivor and signed by the group
facilitator.
e. Family violence
shelters are encouraged to provide support groups to residents and
non-residents, including former residents.
f. Support group services provide
understanding and support, which includes, but is not limited to:
i. active and reflective listening;
ii. addressing the needs identified by those
attending group session;
iii.
building self-esteem;
iv. problem
solving;
v. recognition that
survivors are responsible for their own life decisions and that batterers are
responsible for their violent behavior.
g. Support group services provide education
and information that includes, but is not limited to:
i. how batterers maintain control and
dominance;
ii. the role of society
in perpetuating violence against women;
iii. the need to hold batterers accountable
for their actions;
iv. the social
change necessary to eliminate violence against women, including discrimination
based on race, gender, sexual orientation, disabilities, economic or
educational status, religion or national origin.
5. Court/Legal Advocacy
a. Family violence programs providing court
advocacy assist survivors in receiving self-identified interventions and
actions sought from the civil and/or criminal justice systems.
b. Court advocacy is provided by qualified,
trained staff members or volunteers.
c. Family violence programs providing court
advocacy services:
i. assure that appropriate
staff and volunteers have a working knowledge of current Louisiana laws
pertaining to family violence, as well as the local justice system's response
to family violence, including court rules, in each parish services are
provided;
ii. strictly monitor and
prohibit staff members and volunteers from practicing law or providing legal
representation if they are not properly certified to engage in such a legal
practice;
iii. maintain a current
list of local criminal and civil justice agencies and contact persons in each
parish where services are provided;
iv. maintain a current referral list of local
attorneys, including pro bono resources, who are sensitive and familiar with
legal issues and orders of protection, for representation in civil and criminal
cases, with contact person identified in each parish where services are
provided;
v. train and offer
assistance to the criminal and civil justice system within the parishes served,
in order to build a working relationship and institute a law enforcement
protocol involving family violence.
d. Family violence programs that provide
court advocacy services provide the services in shelter and nonresidential
settings.
e. Court advocates are
responsible for documenting services provided and the outcome of those services
in each survivor's file. If volunteers provide services, court advocates obtain
the necessary information and document.
6. Children's Services
a. Programs have on staff a child
advocate/counselor who is trained in a minimum of the following areas:
i. the developmental stages of childhood,
including physical, social, cognitive, and emotional stages;
ii. developmentally appropriate
process;
iii. a working knowledge
of family violence and its effects on children (including the ways that mothers
are often revictimized by the child welfare and educational system,
etc.);
iv. assertive discipline
techniques;
v. non-violent conflict
resolution;
vi. the warning signs
of child abuse;
vii. appropriate
methods for interviewing children who have disclosed abuse;
viii. how the child welfare system works and
their role as "mandated reporters."
b. Child Services include but are not limited
to:
i. at shelters, child advocates conduct a
child intake interview with the mother of the child(ren) within 48 hours of
shelter arrival. Nonresidential programs conduct a child intake as soon as
possible after the survivor's initial contact with the program. Intake forms
are completed by the mother. Intake forms include areas of concern the mother
has for each child, physical needs of the child, social or educational needs of
the child, education level of the child, any learning disabilities or
diagnoses, medications the child is on and what they are for, any child abuse
suspected or documented, type of discipline used in the home and its
effectiveness, check list for problem areas, such as, weight, eating, sleeping,
hygiene, motor skills, language skills, bedwetting, handling conflict,
relationship with adults and with other children;
ii. at the intake interview, the child
advocate discusses child guidelines in detail, including discipline guidelines,
offers help and guidance in following the guidelines, discusses child services
offered. This information is documented in the survivor's record. If programs
offer booklets giving this information, they can be given in addition to the
required face-to-face interview with the mother;
iii. child advocates provide a physical and
social assessment of each child within the first 72 hours of shelter and make
appropriate referrals and appointments to meet the areas of need. In
nonresidential programs the assessment follows the initial intake;
iv. child advocates have a face-to-face
meeting with each child or sibling group within 48 hours of shelter following
the child intake interview. In this meeting the child advocate introduces
herself, lets the child(ren) know she is there to help them in any way she can,
provides a tour of the shelter, talks about the guidelines of the shelter, and
the discipline guidelines. Some programs may provide shelter books which cover
this material, but this does not replace the face-to-face meeting with the
child(ren);
v. child advocates and
trained volunteers conduct a daily (M-F) two hour playgroup for children from
the ages of 3-11. In nonresidential programs playgroups are held at the time
that survivors are in support groups. This playgroup is a time to allow
children to play in a safe, structured environment. The playgroup is to be
based on a developmentally-appropriate philosophy. While the playgroup is
planned and facilitated by the child advocate, the child directs her/his own
progress in the group. This is to empower the child, offering the child a safe
and appropriate place to say "no" and to learn consistency, structure, and
non-violent conflict resolution;
vi. goals of the playgroup are: breaking the
"conspiracy of silence," how to protect oneself, to have a positive experience,
strengthening self-esteem and self-image;
vii. each child with the assistance of the
child advocate develops a personalized safety plan. The plan addresses living
at the shelter and also if the mother returns to the perpetrator. Both safety
plans are done as soon as possible because no one knows when the mother may
return. This is documented in the mother's file;
viii. child advocates may conduct a weekly
education group for the mothers, including education on developmental stages
and discipline techniques. Group attendance and topic to be discussed are
documented in each survivor's file;
ix. child advocates are available to meet
with each mother at least once a week in an individual session. This is a time
when mothers can share problems they are having and get assistance with the
solutions. Methods of parenting education are respectful and non-victim blaming
of the adult survivor;
x. if at all
possible, each child or sibling group is given an exit interview. In this
interview child(ren) can assess child services and staff in some type of
developmentally appropriate way. Safety planning and discussion of transition
period are discussed. Exit interview is documented in survivor's
file.
7.
Crisis Line or Hotline
a. Family violence
programs operate a 24-hour a day, seven day a week crisis line answered by a
qualified, trained staff or volunteer.
b. Hotline numbers are listed in the local
telephone book and widely distributed in areas served by the FV
program.
c. Hotlines are answered
using the name of the family violence program.
d. Hotlines are answered by trained staff or
volunteers of the programs. The use of commercial or mechanical answering
services is prohibited. Volunteers are not allowed to make final determinations
about shelter eligibility.
e.
Programs have a minimum of two telephone lines, one of which is the designated
hotline.
f. Hotlines have call
block, to safe guard against caller ID and *69 services. Local telephone
companies can assist with needed information and services.
g. When holding/transferring calls:
i. staff completes initial assessment as to
immediate danger before putting caller on hold;
ii. callers on hold are checked back with
within two minutes;
iii. prioritize
calls through safety and lethality assessment.
h. Staff/volunteers answering hotline calls
are in a place that is quiet, free of distractions, and confidential; a private
office if possible.
i. If a
professional, or third party, calls on behalf of a survivor of family violence
generalized information may be given about family violence and program services
and requirements, but the staff person or volunteer must talk directly with the
survivor regarding a personalized safety plan, danger/lethality assessment and
shelter, or other services, and eligibility.
j. Hotline services include, but are not
limited to:
i. crisis intervention;
ii. assessment of caller's safety and
needs;
iii. emergency protocols
(i.e., calling 911; is batterer present or within hearing);
iv. lethality/danger assessment;
v. FV education;
vi. information or referrals to available
community resources;
vii. an
appropriate form documenting each hotline call, the services offered and/or
referrals made, and a plan of action, including information received in calls
from professionals or third parties.
k. When using administrative and outreach
phones:
i. anyone answering the telephone has
a working knowledge of how to screen and assist hotline callers and the
requirements of the crisis line, i.e., restrictions about being placed on hold,
etc.;
ii. after-hours, weekends and
holidays, administrative and outreach phones are answered by devices that
clearly direct callers to the hotline.
l. Prior to receiving calls, hotline staff
complete family violence training approved by OWS and LCADV.
m. If either party is using a cell or mobile
phone, the caller is made aware that confidentiality cannot be guaranteed.
Family violence programs do not use mobile remote phones for crisis lines
because of confidentiality. This does not preclude digital phones that are
confidential.
n. If call forwarding
is used to assure staffing of the service, it is the responsibility of the
program staff to assure safety and confidentiality. Some issues to be addressed
through written protocols when calls are forwarded to non-program locations:
i. the potential for family member to answer
or pick-up (by way of an extension line) a hotline call;
ii. the potential of a personal answering
machine to pick-up on an incoming call;
iii. the potential for calls to be routed to
a cellular telephone that is answered by an advocate/volunteer in public
place;
iv. the potential of
staff's/volunteer's personal telephone lines to be traced or identified through
"caller ID" or other features.
AUTHORITY NOTE: Promulgated in accordance with R.S. 46:2122 B and R.S. 46:2127 B1.
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