About OPDV

Documentation and Record-Keeping

Certain documenting requirements unclear and/or unnecessary "; age of staff unnecessary; review list of forms required by programs to use.

Some information maintained for volunteers seems unnecessary (age ; supervisory conferences); case record maintenance costly and requirements unclear.

Daily log for non-residential-Is it necessary?

A lot of programs are moving from paper records to computerized records; questions/issues with technology (i.e., do we need to keep paper records once computerized; how will state monitors review electronic records?); specify minimum documentation requirements for residential and non residential programs

No. Eliminate

Yes

Yes

Terminology/
Definitions

Delete or replace term "Treatment"
"Disaster emergency plan" unclear
"Deficiencies" in inspection findings-vague/unclear)
How is "self-sufficiency" defined?
How is 'household' defined?
How is "family violence" defined?

Yes

Yes

Contracts

Re-evaluate limitation of one-year constant renewal cumbersome for providers/districts, and can result in challenges obtaining preferred longer-term leases.

Suggestion - amend regs. to allow multi-year contracts at county discretion. Annually append to handle change in rate.
Staff work to check potentially conflicting boilerplate language res v. non-res and other county contract requirement
Approved

Yes

Inspections

Make scope of inspections more precise - what are inspectors looking for?

("deficiencies" vague/unclear)

Guidelines needed for RO inspectors and DV providers to create consistency.

Clarify inspection process

Review instrument(s) that inspectors use

Review language guidelines/reg language for homeless shelters where appropriate

Yes

Yes

Face-to-face interviews

DV program required to conduct face to face interview prior to admission Often impractical

Reg. language too precise

Practicality dependent on context, logistics.

Health and safety concerns (middle of night)

Staff work to determine what was the original intent of requirement

Eliminating face-to-face can also be health and safety
concern

Challenges are primarily off hours but can also occur during day time hours

Regulating Face-to-face prior to intake may be more critical need for new providers

Yes

Yes

Confidentiality

DV Program case file information. Is it really confidential if DSS, OCFS, and possibly others have access?

Need to ensure confidential interviewing w/o form.

Sharing of files if client transferred

Implications re: Violence Against Women Act (VAWA) confidentiality rules.

Confusing provision re: batterer access to records; case records access for research purposes - concern, conflict w/ Homeless Management Information System (HMIS) exception for DV programs?

Confidentiality issues need to be looked at in significant detail

Yes

Discharge and Denials

Management of residents who do not want to leave

Concern about use of legal terms "evict" vs. discharge.

Clarify when denial appropriate and/or necessary

If appropriately denied, local DSS role in relocation.

Determine if list of diseases pertaining to discharge/denial needs to be amended.

How to deal with resident who is not compliant

Issues around discharge decisions

Clients rights, liability, needs discussion

Programmatic issues- what to do if someone is not compliant

Police are not always clear (i.e. squatters' rights).

Personal rights vs. commitment to client

Yes

Yes

Policies re: "compliance"-
with shelter rules and OCFS regulations

Ensure religious observances can be respected within guidelines.

Update to reflect technology, etc - ie. residents with cell phones making outside contacts, GPS systems, etc

Cultural and religious issues: Restricting behavior (i.e., lighting candles).
Address "housekeeping issues" ( residents' behaviors)

Yes

Yes

SCR protocol

Should programs report, or can residents report directly?

Need to clarify issue regarding parents making the call to CPS to report child abuse by batterer. Does this meet the regulatory reporting requirements of the DV program? Consider potential of increased risk to resident.

When they should vs. must report?

There can be danger for victim if she is the one who makes the call to SCR.

What is reportable once she is in shelter and away from batterer?

What is the impact of the new mandatory reporter laws?

A DV program was told they are no longer mandated reporters -needs to be clarified ASAP. Should there be SCR background checks for DV program employees; should be in regs.

It is in OTDA regs but not OCFS regs Update - OCFS is going to do feasibility study re: database (new legislation mandates this).

Issue re teens reporting- if a teen is seeking dv shelter are there instances where it is child abuse vs dv?

Do DV shelters report unaccompanied adolescent client to SCR because they are being denied housing (i.e. parental neglect)?

Subcommittee-to inc. OTDA and OCFS rep as well
as workgroup members. Significant training issue

Yes

Yes

Yes

Payment-
Length of Stay

90/135-day limit in City seen as insufficient by providers to finding permanent housing; length of stay in rest of state much shorter and often limited by local districts; district concerns about "bottle neck" if longer length of stay as well as added cost of approving longer stay.

Suggestion to review homeless shelter regs in conjunction with discussion of any changes to length of stay

Yes

Yes

Yes

Payment - Relationship with local districts

Review reimbursement timing to programs

Prompt payment issues

Approvals and then reversals months down the road

Out-of-county payment issues.

Fair hearing process (consumer vs. agency); look at foster care process?

Title XX

District with Fiscal responsibility (DFR) concerns need to be included.

Distribute list of DFR DV liaisons

David Jolly offered to facilitate conversation between programs and local districts about these issues;

Sub-committee- David Jolly to chair

Yes

Yes

Yes

Payment - Per diemsystem

Per diem system challenges for both down and upstate facilities. Options offered include basing rate on historical occupancy rate; providing funding floor in addition to per diem; reviewing reduction in rate when total beds increase to 21 or more

DFR also an issue here.

Is there another way to pay shelters rather than per diem system?

Payment issue with the new trafficking law

Yes

Yes

Yes

Payment - General Resources

Increased costs associated with serving special needs populations; costs with "holding" beds empty due to hospital stays etc. w/o per diemfunding; limitations in what can be funded due to TANF funding source

Legality and reimbursement issues related to Shelter caring for children when mom is not there (i.e., mom is in hospital); reimbursement issues related to child leaving shelter for weekend visitation; holding beds open

Yes

Yes

Yes

Eligibility

Penal code provisions do not include stalking; do teen dating couples qualify, and at what age; language needed to reflect complexity of households (ie. is family or household member sufficient); issues raised by new trafficking law; access for singles (esp. in NYC); access for adolescent children

Payment issue with the new trafficking law

If DV program is the 'service of choice' in the beginning for trafficking victims, then how does DV program get paid?

Teen victims

How to handle abuse from an in-law; how is intimate partner defined? How is 'household' defined?

Training issue (i.e. new trafficking laws)

Yes

Yes

Yes

Qualified applicants for non-residential programs

Concerns about non-DV programs receiving approval

Resource issues res v no-res programs

More standards are needed. Very easy to qualify as a non-res program, professional standards issue

Needs assessment should be done for all new/proposed programs

Yes

Eligibility for Non-Residential Services

Language regarding group eligibility unclear.

Yes

TANF $3million-Non-Residential Services

Spending patterns vary; clarification needed.

Not a reg. issue; fiscal policy and training issue applicable to non-res only

Yes

Yes

Services

Some vague language; requirements to provide referrals to batterers; unclear how to manage medical needs; inconsistency with non-residential sections; no mention of safety planning; groups counseling section unclear; unusual use of term "family violence"; clarify self-sufficiency. Omit "treatment"

Look at the intent vs. today's reality;

Look at this in terms of services provided and program outcomes

Is this an opportunity to revamp system rather than just revamping the language?
Need for standards but must be flexible enough to allow victims to have choices

Are services mandated v.s. offered?

How is self-sufficiency defined?

Can safety really be an outcome measure? Outcomes should not be in regs but handled as guidelines/best practice.

Should DV providers be offering parenting skills training?

Separate discussion on outcomes, separate standards from recommended practice and incorporate voice/choice of victims

Yes

Core services, Information and Referral

Hotline

Some language vague; referrals for batterers of concerns; repetitive with 462.4 (a) (2) (i)

Revisit given new technology etc

Is it necessary that each agency operates own hotline, after hour coverage, cell phone issues

Yes

Services-Counseling

Scope (reference to problem solving skills, "nature of dv" etc.; concern about mention of couples counseling; effect on children not included in residential.

Yes

Services-Children's

Time of day not responsive to client needs; language not clear; term "counseling" can be problematic.

Services must be available during business hours, what does 'business hours' mean?

Should this requirement be broader or more narrow?

Cost, staffing, and resources issue

Children's services is different from child care.

What are legal issues when Mom is in the hospital?

Is child care also an issue?-licensing/payment?

Yes

Yes

Services- Ancillary

Clarify expectations re: medical services, services for "special needs" populations; and transportation to other facilities.

Reg.s vs. programmatic issue/best practice; can be resource issue.

What else is available in the community to support victim's needs?

Yes

Yes

Staffing- Qualifications

Vague; different from non-residential section; higher qualifications requires greater funding. Re-evaluation appropriate staffing expectations as against available resources; review requirements and standards given growing substance abuse and mentally ill population.

Look at OTDA Tier II requirements

OCFS will provide fact sheet on what current reg.s require (suggestion - look at OTDA on the two tier side)

Yes

Yes

Staffing-Ratios

Reassess ratios given realities of program management and funding levels

Staff work

Yes

Yes

Staffing-Training

Timing challenging with staff turn over and resources; use of term "family violence".

Inconsistent language (family vs. domestic violence). FV tied to elder abuse and child abuse as well as DV

Reg amendments needed to limit scope?

Yes

Yes

Yes