Current through Register Vol. 54, No. 44, November 2, 2024
(a) An application
may be filed by any eligible person on the form provided by OVA.
(1) An eligible ACP participant may apply, in
person, at a victim service provider.
(2) The role of the victim service provider
is to:
(i) Assist the eligible person in
determining whether ACP should be part of the person's overall safety
plan.
(ii) Explain ACP services and
limitations.
(iii) Explain ACP
participants' responsibilities.
(iv) Assist the person eligible for
participation with the completion of application materials.
(b) The completed
application must include the following:
(1) An
affidavit from the applicant describing, in detail, a perpetrator's violent
actions or threatened violent actions, or course of stalking conduct and
describing, in detail, the applicant's fear of future violent acts of abuse,
sexual assault or stalking, or all, by the perpetrator.
(2) Designation of the OVA as the applicant's
agent for service of process.
(3)
An applicant's mailing address to which mail can be forwarded by the
OVA.
(4) An applicant's actual
address and telephone number, if different from the applicant's mailing
address.
(5) A listing of minor
children residing at the actual address, each minor child's date of birth and
each minor child's relationship to the applicant.
(6) When applicable, a listing of all pending
civil and criminal proceedings, including, but not limited to, domestic
relations, family court, child custody or Protection From Abuse proceedings, in
which the applicant or minor child is a victim, witness, plaintiff or
defendant.
(7) When applicable, an
explanation of the applicant's probation or parole supervision requirements
(Federal, State or county) as well as the name and phone number of the
applicant's probation or parole officer.
(8) A signed statement affirming that
information provided on the ACP application is true and acknowledging the
applicant's duty to notify OVA of any change in information provided on the
application.
(9) The date and
signature of the applicant and the signature of any person who assisted in the
preparation of the application.
(c) Completed applications shall be submitted
to the ACP substitute address by mail. Applications submitted by means of
facsimile or electronic mail will not be accepted.
(d) Application packets must contain the
following completed materials:
(1) Completed
and signed ACP application form.
(2) Criminal/civil case
information.
(3)
Affidavit.
(4) Signed ACP
authorization card.
(e)
Upon receipt, OVA will determine if the applicant meets the prescribed criteria
for eligibility for enrollment in ACP in accordance with
23 Pa.C.S. §
6704
(relating to persons eligible to apply), which is incorporated by
reference.
(f) For purposes of ACP,
residents of temporary housing (30 days or less), such as emergency domestic
violence shelter, are not eligible to enroll in ACP until a permanent,
residential address is obtained, unless otherwise determined by the OVA, at the
sole discretion of the OVA.
(g) OVA
will contact the applicant if additional information is necessary for OVA to
determine the eligibility of the applicant or minor child for participation in
ACP.
