12 Colo. Code Regs. § 2512-2-12.202.3

Current through Register Vol. 47, No. 22, November 25, 2024

Section 12 CCR 2512-2-12.202.3 - Domestic Violence Advocacy Services Requirements

A. All programs funded wholly or in part by DVP shall provide domestic violence advocacy in the following manner:

1. By trained employees and volunteers in accordance with Section 13-90-107, C.R.S.;

2. Free of charge to clients;

3. Without income qualifications placed on receipt of services;

4. Without requirements that clients attend a religious activity or instruction as a prerequisite to receive services;

5. Without requirements for clients to show proof of residency in Colorado or the United States;

6. Without requirements for clients to submit to criminal background checks, credit checks, drug testing, or a release of information as a condition of services;

7. On a voluntary basis without any conditions;

8. Following an intake and assessment of needs and safety; and,

9. With provisions of referrals when requested services are not available or are denied by the funded program.

B. All programs funded wholly or in part by DVP shall establish a written document outlining the rights afforded to clients who request services. Written rights shall minimally include the following notices:

1. Identification of criteria for eligibility of domestic violence advocacy services;

2. Service accommodations for the following clients:

a. Those who are deaf or hard of hearing or have limited English proficiency; and,

b. Disabilities including behavioral health conditions.

3. Availability of free, voluntary services to be provided without condition or prerequisites including non-proselytization;

4. Program adherence to confidential communications including legal exception to confidentiality of mandatory reporting of known or suspected child maltreatment;

5. Opportunity to provide feedback regarding experience with provision of or denial of services at the funded program;

6. Procedure to file a grievance or complaint to minimally include the funded program's internal grievance or complaint policy and procedure, and the right to complain to DVP and other applicable regulating agencies regarding services provided or denied; and,

7. Ability to request access to own client file or record including electronic documentation services provided.

C. All programs funded wholly or in part by DVP shall establish written policies or procedures regarding:

1. Identification of criteria for eligibility of domestic violence advocacy services;

2. Language accessibility plan to minimally include the use of interpreters, translators, bilingual employees, and/or written materials to provide services to clients who are deaf or hard of hearing and those with limited English proficiency;

3. Service accommodation plans to minimally include nondiscrimination on the basis of clients' age, disability, behavioral health conditions, sex, sexual orientation, race, color, national origin, religion, ethnicity, or gender identity or expression as well as accompanying protocols to ensure an environment that is accessible, culturally relevant, and trauma informed for all clients;

4. Transportation of clients by employees or volunteers of the funded program, if an available service; and,

5. Child care by employees or volunteers of the funded program, if an available service, while parent is on-site for a maximum of three hours.

D. Programs funded wholly or in part by DVP shall ensure full compliance with the requirements of the Federal Department of Health and Human Services Administration for Children and Families, 45 CFR Part 1370 (2017). No later editions or amendments are incorporated. These regulations are available at no cost from the U.S. Health Resources and Services Administration, Office of Communications 5600 Fishers Land, Rockville, MD 20857 or at https://www.ecf.gov. These regulations are also available for public inspection and copying at the Colorado Department of Human Services, Office of Community Partnerships, 1575 Sherman St., Denver, CO 80203, during regular business hours. If a funded program wishes to provide sex segregated or sex-specific programming, they shall submit a written plan to be approved by DVP, which outlines the following:

1. Why the sex segregated or sex-specific programming is necessary for the essential safe operations of the program or service;

2. How they will provide comparable services to individuals who cannot participate in the sex segregated or sex-specific programming or service; and,

3. An analysis of research-supported best practices that justify the need for the sex segregated or sex-specific programming or service.

12 CCR 2512-2-12.202.3

38 CR 23, December 10, 2015, effective 1/1/2016

40 CR 11, June 10, 2017, effective 7/1/2017

41 CR 17, September 10, 2018, effective 10/1/2018

42 CR 01, January 10, 2019, effective 2/1/2019

44 CR 13, July 10, 2021, effective 8/1/2021