Ala. Admin. Code r. 305-4-4-.07

Current through Register Vol. 43, No. 1, October 31, 2024

Section 305-4-4-.07 - Administration and Operations

The domestic violence center shall develop and implement written policies and procedures that ensure compliance with all provisions of this rule chapter. The domestic violence center shall provide a copy 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, which must be documented in their personnel file. At a minimum, the operating policies and procedures shall include the following:

(1) Admission. The domestic violence center shall identify who is eligible for services and how those services are accessed. Services shall not be denied to any person on the grounds of race, religion, color, national origin, sex, gender identity, sexual orientation, handicap, or limited English proficiency as outlined in 45 CFR Parts 80, 83, 84, and 90. Prospective clients must be informed of the admission criteria and, if ineligible, the domestic violence center must provide referrals to other organizations that can provide assistance.

(2) Board of Directors. The domestic violence center 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 as required in Section 30-6-6. The board of directors should racially and ethnically reflect, to the extent possible, the clients 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 domestic violence center 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 domestic violence center shall establish and implement policies and procedures for maintaining safety, confidentiality, and privacy of persons receiving services.

(a) The domestic violence center shall safeguard information identifying domestic violence emergency shelters and center clients as provided in Code of Ala. 1975, § 30-6-8. Confidential information may be in hardcopy or electronic format and may include name, address, phone number, case management plan and notes, safety plan, service plan, services provided, referrals, and other related information. Access to any client identifying information shall be limited to staff members who have a legitimate interest in the case and have a need to know to carry out their job duties.

(b) The Director shall have access to shelters and center records to the extent necessary to perform the oversight function. Domestic violence centers may not provide individual client records to stakeholders, partner agencies, and other entities that have an interest in domestic violence center operations, except as expressly authorized. Client communications that satisfy the criteria for a privileged communication under Code of Ala. 1975, § 30-6-8, may be disclosed only as provided in that statute.

(c) The domestic violence center shall ensure all center employees and volunteers are aware of and understand their obligation to comply with Code of Ala. 1975, § 30-6-8, which prohibits the disclosure of shelter location and any information regarding center clients without their express written, time-limited consent, except in limited circumstances described in the statute.

(4) Electronic Communication. The Director's primary communication with a domestic violence center will be electronic. A domestic violence center shall have the capability to access the Internet and to electronically submit certification documentation as required by the Director. A domestic violence center shall maintain a functional email address with the capability of receiving attachments and shall provide that address, and revisions as needed, to the Director.

(5) Emergency Management. The domestic violence center shall develop an emergency management plan that should be coordinated with the applicable local emergency management agency whenever possible.

(a) The plan must outline a comprehensive and effective program to ensure the safety and well-being of employees, volunteers, and center clients in the event of an emergency. The plan should address emergencies that the domestic violence center 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), etc.; significant incidents such as client 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 clients.

(b) The emergency management plan must include, at a minimum, the following elements: procedures for reporting emergencies or incidents as identified 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 clients; and identification and protection of records and databases.

(c) The domestic violence center 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 domestic violence center 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 305-4-4-.05. Further, the domestic violence center is responsible for submitting an independent financial audit every year at the Director's request.

(7) Personnel. The domestic violence center may not discriminate against employees, or applicants for employment, because of their age, race, religion, color, disability, national origin, marital status, sexual orientation or gender. Personnel should racially and ethnically reflect, to the extent possible, the clients they serve. The domestic violence center 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) The domestic violence center 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 executive director or financial manager positions become vacant, or if the employee assigned to the position is unable to fulfill their duties and responsibilities due to an extended absence, the domestic violence center shall notify the Director within five business days of the vacancy or absence.

1. The executive director and financial officer positions may not be filled by the same individual.

(c) The domestic violence center 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 clients and shelter location as required under Code of Ala. 1975, § 30-6-8.

(d) The domestic violence center shall develop and implement standards of conduct and disciplinary action for violation of standards.

(e) The domestic violence center shall maintain current, accurate, and complete personnel records for all employees and direct-service volunteers, which shall include position descriptions and training records.

(8) Record Keeping. The domestic violence center 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 evaluation during the hours of operation. Information received by the Department concerning client identity is confidential and exempt from the provisions of Code of Ala. 1975, §3 6-12-4 0 and shall not be disclosed without the written consent of the client to whom the records or information pertains. All records and files, including electronic storage media, shall be kept for a minimum period of three years after termination of certification, or if an audit has been initiated and audit findings have not been resolved at the end of three years, the records and files shall be retained until resolution of the audit findings. The Director shall make the final determination as to what constitutes a satisfactory resolution of audit findings. Records include, but are not limited, to the following:

(a) Case Management Records. The domestic violence center shall maintain case management records in compliance with Rule 305-4-4-.04.

(b) Fiscal Records. The domestic violence center shall maintain an accounting system capable of distinguishing between all revenue sources and expenditures and in accordance with generally accepted accounting principles (GAAP), which is incorporated by reference. The domestic violence center'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 an umbrella agency. The domestic violence center's fiscal records must be available for inspection by the Director upon request.

(c) Quarterly Service Reports. The domestic violence center shall collect and compile a quarterly record of all services provided. The record shall include, at a minimum, the gender, age, ethnicity, type of service provided, number of incidents, and, if applicable, other information as required by contract, of the people served. The domestic violence center shall forward a quarterly summary report to the Director for evaluation of domestic violence service trends.

(9) Staff Training and Development. The domestic violence center shall develop, implement, and review annually 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) 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 fulltime staff members who supervise, coordinate, and/or provide direct advocate or counseling services are required to successfully complete a minimum of 8 hours of training each state fiscal year. ACADV will be responsible for providing a variety of training programs to coalition members. The training requirement is effective upon the first anniversary of their employment or service.

(b) 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 paragraph (5) above.

Ala. Admin. Code r. 305-4-4-.07

Adopted by Alabama Administrative Monthly Volume XXXVI, Issue No. 05, February 28, 2018, eff. 3/19/2018.

Author: Chris Murphy

Statutory Authority:Code of Ala. 1975, §§ 30-6-3, 30-6-6, 30-6-8, 30-6-10.