Title of Proposed Rule: / Updates to the Domestic Violence Program
Rule-making#: / 08-9-12-1
Office or Division/Program: Domestic Violence / Rule Author: Brooke Ely-Milen / Phone: 303-866-3321
E-Mail:

STATEMENT OF BASIS AND PURPOSE

Summary of the basis and purpose for the rule or rule change. (State what the rule says or does, explain why the rule or rule change is necessary and what the program hopes to accomplish through this rule.)

In August 2008, the Domestic Violence Program (DVP) moved its operations from the Division of Colorado Works to the Office of Behavioral Health and Housing and changed the name of the program from the Domestic Abuse Assistance Program. The proposed rule revisions reflect the program’s name change, which deletes the term “assistance” from the name to avoid the misperception that the DVP provides cash assistance to the general public. The revised rules reflect the transition of DVP from a funding administration to subject-matter experts within CDHS. The revised rules update the standards of services for the CBDVVSOs who receive funding from DVP, which have not been reviewed in their entirety since the 1990s. The rules give victims of domestic violence who use the services funded through the DVP assurances of quality and consistent services throughout Colorado. Additionally, the DVP can use the rules to hold funded CBDVVSOs accountable through desk audits and on-site monitoring and provide technical assistance in areas where CBDVVSOs are deficient and/or upon request.

The Domestic Violence Program is an entity within state government that provides critical funding to community-based domestic violence victim services organizations (CBDVVSO). The Department has statutory authority to promulgate rules, pursuant to Section 26-7.5-104, C.R.S., to create standards and regulations for domestic abuse programs, which includes the distribution of funding to CBDVVSOs and requirements for administration of and services delivered by CBDVVSOs. DVP has been responsible for managing the funding and subcontracting with CBDVVSOs for the delivery of services since 1983. Over the last 26 years revenue streams have changed, best practices regarding services have evolved, and the DVP is more frequently called upon to serve government as more than a funding administration. Over the past several years, DVP’s role has expanded to include training, technical assistance, and policy development.

An emergency rule-making (which waives the initial Administrative Procedure Act noticing requirements) is necessary:

to comply with state/federal law and/or
to preserve public health, safety and welfare

Explain:

Authority for Rule:

State Board Authority: 26-1-107, C.R.S. (2008) - State Board to promulgate rules; 26-1-109, C.R.S. (2008) - State Board rules to coordinate with federal programs; 26-1-111, C.R.S. (2008) - State Board to promulgate rules for public assistance and welfare activities. 26-7.5-104(2), C.R.S. (2008) – state shall establish rules for domestic abuse programs and minimum standards (continued)

Initial Review / 05/01/2009 / Final Adoption / 06/05/2009
Proposed Effective Date / 08/01/2009 / EMERGENCY Adoption / N/A

DOCUMENT 5

STATEMENT OF BASIS AND PURPOSE (continued)

Program Authority: (give federal and/or state citations and a summary of the language authorizing the rule-making)

26-7.5-101 through 26-7.5-105, C.R.S. (2008) – legislative declaration to “encourage the development of domestic abuse programs by units of local government and nongovernmental agencies”; minimum services that domestic violence programs must offer to receive support from the DVP; establishes contractual authority; and establishes funding parameters

Yes / X / No
X / Yes / No

Does the rule incorporate material by reference?

Does this rule repeat language found in statute?

If yes, please explain.

Section 12.200.1 references 18-6-800.3(1), C.R.S., which serves to define the term “domestic violence” and

Section 12.201.2 references 13-90-107, C.R.S., which legislates the confidentiality of domestic violence victim communications.

Section 12.201.1 repeats 26-7.5-103, C.R.S., to provide context for contracting parameters.

State Board Administration will send this rule-making package to Office of State Planning and Budgeting, and the Joint Budget Committee. The program has sent this proposed rule-making package to which stakeholders?

The DVP utilized this rule-packet as an internal document and sent the revised rules to all the stakeholders listed under “Stakeholder Comment Summary.”

Attachments:

Regulatory Analysis

Overview of Proposed Rule

Stakeholder Comment Summary

Rule-making Form SBA-3a (10/08)

Title of Proposed Rule: / Updates to the Domestic Violence Program
Rule-making#: / 08-9-12-1
Office or Division/Program: Domestic Violence / Rule Author: Brooke Ely-Milen / Phone: 303-866-3321

REGULATORY ANALYSIS

(complete each question; answers may take more than the space provided)

1. List of groups impacted by this rule:

Which groups of persons will benefit, bear the burdens or be adversely impacted by this rule?

The primary group impacted by this rule is the network of community-based domestic violence victim services organizations (CBDVVSOs) in the State of Colorado. These organizations apply to the Domestic Violence Program (DVP) to receive funding and subcontract with the DVP for services delivered to victims of domestic violence and their dependants. Any CBDVVSO that receives funding must comply with the standards set forth in the rules or forfeit funding. In some instances, funded CBDVVSOs will need to access additional resources to comply with the DVP standards.

The DVP, in coordination with the Colorado Coalition Against Domestic Violence, the membership organization for CBDVVSOs, will provide technical assistance to support CBDVVSOs that need additional resources to comply with the standards. Additionally, the program standards contained in the rules serve as a guide for groups who wish to start a CBDVVSO in Colorado. The DVP developed these standards with the intention of ensuring quality services are available to victims of domestic violence and their dependents throughout all regions of Colorado.

2. Describe the qualitative and quantitative impact:

How will this rule-making impact those groups listed above? How many people will be impacted? What are the short-term and long-term consequences of this rule?

Some of the DVP-funded programs will need to invest in program resources including personnel to comply with the standards and/or develop required policies and procedures. Currently, the DVP funds 44 programs, and all will be impacted. These rules will also impact programs that provide services to victims yet do not receive DVP funding. They will review the rules to determine if they have the organizational capacity to comply with the rules.

3. Fiscal Impact:

For each of the categories listed below explain the distribution of dollars; please identify the costs, revenues, matches or any changes in the distribution of funds even if such change has a total zero effect for any entity that falls within the category. If this rule-making requires one of the categories listed below to devote resources without receiving additional funding, please explain why the rule-making is required and what consultation has occurred with those who will need to devote resources.

State Fiscal Impact (Identify all state agencies with a fiscal impact, including any Colorado Benefits Management System (CBMS) change request costs required to implement this rule change)

DVP is the only state agency that may experience a fiscal impact, which will be minimal. DVP has the current capacity to expend personnel resources to provide technical assistance to funded programs to assist them in implementing the standards.

County Fiscal Impact

None; these rules do not impact counties

Rule-making Form SBA-3b (10/08)

Title of Proposed Rule: / Updates to the Domestic Violence Program
Rule-making#: / 08-9-12-1
Office or Division/Program: Domestic Violence / Rule Author: Brooke Ely-Milen / Phone: 303-866-3321

REGULATORY ANALYSIS (continued)

Federal Fiscal Impact

None

Other Fiscal Impact (such as providers, local governments, etc.)

CBDVVSOs that receive DVP funding may allocate internal resources to comply with the DVP standards. CBDVVSOs will need to provide required training to their staff and volunteers, the costs for which are offset through the Colorado Coalition Against Domestic Violence and their annual conference, which is also funded through the DVP.

CBDVVSOs will also need to allocate resources to obtain a surety bond and conduct an audit or financial review. These requirements protect the state’s resources and prevent financial misconduct.

4. Data Description:

List and explain any data, such as studies, federal announcements, or questionnaires, which were relied upon when developing this rule?

Family Violence Prevention and Services Act (FVPSA) for consistency of language when necessary. [Federal Register: December 31, 2007 (Volume 72, Number 249) Pages 74297-74316]

Principles and Practices for Nonprofit Excellence in Colorado for nonprofit management criteria. Colorado Nonprofit Association (2007).

Florida Coalition Against Domestic Violence Monitoring Tool and Program Monitoring Checklist (2006) and Alabama Coalition Against Domestic Violence Minimum Standards (2005) for examples for standards for domestic violence victim services providers.

5. Alternatives to this Rule-making:

Describe any alternatives that were seriously considered. Are there any less costly or less intrusive ways to accomplish the purpose(s) of this rule? Explain why the program chose this rule-making rather than taking no action or using another alternative.

There were no other alternatives to this rule revision that were seriously considered because the rules in their entirety have not been reviewed or updated since the early 1990s and do not reflect current Federal and State statutes as they relate to the DVP, nor do they reflect trends in nonprofit management and delivery of services to victims of domestic violence and their dependants.

Rule-making Form SBA-3b (10/08)

Title of Proposed Rule: / Updates to the Domestic Violence Program
Rule-making#: / 08-9-12-1
Office or Division/Program: Domestic Violence / Rule Author: Brooke Ely-Milen / Phone: 303-866-3321

OVERVIEW OF PROPOSED RULE

Compare and/or contrast the content of the current regulation and the proposed change.

Section Numbers / Current Regulation / Proposed Change /

Stakeholder Comment

12.200.1 / The purpose of the Domestic Abuse Assistance Program (DAAP) / Changed name from Domestic Abuse Assistance Program (DAAP) to Domestic Violence Program (DVP) and updated mission / __ / Yes / X / No
12.200.2
(formerly 12.200.6) / Selection and Advisory Committees / Changed section from 12.2006 to 12.200.2 and the name to DVP Advisory and Funding Recommendation Committee; designates composition and function / __ / Yes / X / No
12.200.3 / Eligibility / Expanded definition of who is eligible and deleted 12.201.1. / __ / Yes / X / No
12.200.4
(formerly 12.200.8 through 12.200.81) / Application / Changed to describe Request for Application (RFA) requirements and funding process; added grievance process for awarding of contracts / __ / Yes / X / No
12.200.5 (formerly 12.200.2, 12.200.3 and 12.200.5) / None / Deleted former rules concerning contracts and revised to reflect contract process and funding / __ / Yes / X / No
12.200.6 / Monitoring by the DVP / Revised monitoring criteria and added details for site visits; added process to appeal corrective action decisions, restrictions, or non-compliance / __ / Yes / X / No
12.200.7 / None / Added review of formal complaints / __ / Yes / X / No
12.201 / Program standards / Revised standards and purpose / __ / Yes / X / No

OVERVIEW OF PROPOSED RULES (continued)

Section Numbers / Current Regulation / Proposed Change /

Stakeholder Comment

12.201.2
(formerly 12.203.4) / Confidentiality / Revised confidentiality rules to include that all staff and volunteers of programs funded wholly or in part by the DVP that provide direct services to victims of domestic violence and their dependants must receive 15 or more hours of related training prior to affording victims and their dependants’ confidential and privileged communications / __ / Yes / X / No
12.201.3 (formerly 12.203.1, 12.203.2 and 12.203.5) / Maintenance of Records / Updated statistical data and record keeping requirements / __ / Yes / X / No
12.201.4
(formerly 12.203.3) / Fiscal Requirements / Revised section requirements / __ / Yes / X / No
12.201.5 / None / Added a section on Board of Directors Board function and responsibility / __ / Yes / X / No
12.201.6
(formerly 12.203) / Administration / Revised to reflect performance requirements / __ / Yes / X / No
12.201.7 (formerly 12.201.2 through 12.201.232) / Personnel / Rewrote section on personnel requirements / __ / Yes / X / No
12.201.8
(formerly 12.202 through 12.202.51) / Program services / Revised section to reflect minimal service provisions and requirements / __ / Yes / X / No
12.201.9 / None / Added section on funded residential program services, which are defined as programs that provide short-term or long-term overnight accommodations, to include transitional housing, in a facility maintained and operated by the funded program to victims and their dependants / __ / Yes / X / No

OVERVIEW OF PROPOSED RULES (continued)

Section Numbers / Current Regulation / Proposed Change /

Stakeholder Comment

12.203.6 / Insurance / Deleted from rules / __ / Yes / X / No
12.300 / None / Deleted unused section / __ / Yes / X / No

Rule-making Form SBA-3c (10/08)

Title of Proposed Rule: / Updates to the Domestic Violence Program
Rule-making#: / 08-9-12-1
Office or Division/Program: / Rule Author: Brooke Ely-Milen / Phone: 303-866-3321

STAKEHOLDER COMMENT SUMMARY

DEVELOPMENT

The following individuals and/or entities were included in the development of these proposed rules (such as other Program Areas, Legislative Liaison, Sub-PAC, and the Child Welfare Action Committee):

The Domestic Violence Program convened a rule-making subcommittee from membership of the DVP Advisory Committee and the following individuals were instrumental in development of the revised rules: Mary Clair, CDHS Child Support Enforcement; Kenya Lyons, Colorado Department of Public Safety; Peg Rogers, CDHS Aging and Adult Services; and, Denise Washington, Colorado Coalition Against Domestic Violence. During the development of the rules, the subcommittee presented drafts of proposed changes to the full DVP Advisory Committee, who gave feedback and assisted in the development of the rules. In addition to the members of the rules sub-committee, the DVP Advisory Committee also includes June Angole, Safehouse Denver; Jacque Morse, SHARE; Ana Soler, Earthforce Denver; and, Carol Wahlgren, CDHS Child Welfare.

Additionally, the DVP Administrator presented the rules to the CDHS Self-Sufficiency Sub-PAC.

All individuals and entities listed below were contacted as part of the development of the rules. DVP received extensive feedback during development, which is documented and incorporated into the package submitted to State Board.