W. Va. Code R. § 191-5-4

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 191-5-4 - Licensure of Correctional Perpetrator Intervention Programs

All family protection, perpetrator intervention programs shall be licensed by the Family Protection Services Board to provide services to victims and/or perpetrators. The Board shall enforce standards and establish a process for the annual licensure for all correctional perpetrator intervention programs in the state.

4.1. License Application.

4.1.a. The Board shall provide a standard license application to any correctional facility that wishes to establish a perpetrator intervention program upon request. The correctional facility must complete an application when it initially requests licensure or when it wishes to reopen after closure. After initial licensure, family protection and perpetrator intervention programs shall be evaluated by the Board on an annual basis. An on-site review will be conducted every two years.

4.1.b. The Family Protection Services Board shall consider all applications submitted for licensure in light of the need for services, the ability of the applicant to successfully operate a perpetrator intervention program, the applicant's ability to obtain adequate funding for the delivery of services, the capacity of the program to comply with the Board's standards and the applicant's interest and ability to provide quality services.

4.1.c. If the Family Protection Services Board finds that an application contains deficiencies, the application and a list of deficiencies will be returned to the applicant, and the applicant will have thirty days to resubmit a revised application.

4.1.d. The Family Protection Services Board shall renew, on an annual basis, the licenses of all correctional perpetrator intervention programs that are in compliance with this rule. Forms for license renewal shall be distributed by the Board to the Division of Corrections in a timely manner no later than the fifteenth day of March each year.

4.1.e. The Family Protection Services Board shall, by certified letter, notify any organization operating without a license as a perpetrator intervention program of its right to apply for licensure. The Board shall petition the circuit court for an order preventing the operation of any organization which refuses to obtain a license as required under this rule and W. Va. Code §§ 48-26-101 et seq.

4.2. Issuance of a License.

4.2.a. The Family Protection Services Board shall issue a license to any correctional facility which has applied for a license and been approved by the Board as having complied with all established standards set forth in this rule. Compliance with the standards shall be evaluated by a combination of individuals as determined by the Board.

4.2.b. All licenses shall be valid for one year commencing on the first day of July and terminating on the thirtieth day of June of the next year. The Board shall grant or deny a license within forty-five calendar days of receiving the license application. Every licensed perpetrator intervention program shall conspicuously display the license.

4.3. Evaluation for Licensure.

4.3.a. The Family Protection Services Board shall annually evaluate all correctional perpetrator intervention programs operating in the state and will review all programs on-site a minimum of once every two years. The evaluation will be conducted using the licensing standards found in this rule.

4.3.b. The Family Protection Services Board shall annually assure an on-site review of the established standards found in this rule for at least one-half of all licensed programs. Review of the remaining programs shall be determined by the Board. The standards compliance review will be completed utilizing the most current revision of the standards checklist authorized by the Board. The annual evaluation will be scheduled in a timely manner by the Board to allow the Board to consider the results prior to the expiration of the current year's license.

4.3.c. Any areas of non-compliance shall be reported on the licensing checklist by the person(s) authorized by the Family Protection Services Board to conduct the review. The Board shall review each area of non-compliance and consider the relative risk it poses to the health, safety and well-being of individuals being served by the perpetrator intervention program and staff employed by the program.

4.3.d. The Family Protection Services Board may contact the program's partner agencies to determine program effectiveness in relationship to community needs.

4.4. Waiver of Licensure.

If the Division of Corrections fails to meet the criteria for licensure, the Board may grant a waiver of licensure to the Division of Corrections if the Board finds it necessary for the good of victims or perpetrators who would be served by the perpetrator intervention program in question. The Board shall review all waivers semi-annually.

4.5. Issuance of a Provisional License.

4.5.a. The Board may grant provisional licensure to the Division of Corrections if the Board finds it necessary for the good of participants who will be served by the perpetrator intervention program. All provisional certifications shall be reviewed semi-annually.

4.5.b. Upon a finding by the Board that a perpetrator intervention program is not in compliance with this rule, the Board may issue a provisional license and shall give the perpetrator intervention program written notice of deficiency that shall include, but not be limited to the following:

4.5.b.1. A statement of program deficiencies.

4.5.b.2. A requirement to submit a plan of correction regarding the deficiencies.

4.5.b.3. A timeline for the Family Protection Services Board's review of the plan of correction.

4.5.b.4. A requirement that the plan be modified and resubmitted to the Board within twenty days should the original plan not address the identified deficiencies.

4.5.b.5. A requirement that compliance occur within a time period set by the Board.

4.5.b.6. Verification of the issuance of a provisional license until compliance is achieved or until the Board takes action deemed necessary for the safety of the clients.

4.6. Revocation or Suspension of a License.

The Board shall suspend or revoke a license and order closed any perpetrator intervention program that violates the standards established under this rule, subject to the requirements in this rule regarding public hearings under subdivision c of this subsection.

4.6.a. Four members of the Board must vote in the affirmative before a license may be revoked or suspended.

4.6.b. The Board shall send written notice of the license revocation or suspension by certified mail to the commissioner of the Division of Corrections. The notice shall include a statement of the program's alleged violations of this rule. The program will have fifteen days after receipt of the notice to respond to the allegations. This response shall be in writing. If there is no written response, the Board will proceed with the revocation or suspension of the program's license. The Board will not provide funds to a perpetrator intervention program whose license has been revoked or suspended.

4.6.c. If the Board is provided with a response to the violations, a public hearing will be held within thirty days in the municipality or county in which the program is located.

W. Va. Code R. § 191-5-4