La. Admin. Code tit. 67 § III-6947

Current through Register Vol. 50, No. 11, November 20, 2024

Section III-6947 - Shelter

A. Guiding Principles. These standards require that family violence programs establish common quality intervention services. Participation in intervention services shall be voluntary.

B. Critical Minimum Standards

1. Standard 17.1. The program must provide access, admittance, and residence, including transportation to a temporary shelter, or other accommodations for victims of domestic violence and their male and female children, 0 to 18 years of age, 24-hours a day, every day of the year.

2. Standard 17.2. The shelter must not discriminate against survivors by limiting the number of times of re-entry into the shelter or by requiring a time limit between reentries into the shelter. The program must not maintain a "no readmit" list, however, it is permissible to maintain a "not admit at this time" list if admittance of a survivor is not currently appropriate. This information is to be documented in the survivors file. Reentry is based on the current needs of a survivor and is not based on past situations.

C. Minimum Standards

1. Standard 17.3. Shelter services may be provided through any of the following types of accessible housing:

a. a physical shelter facility operated by a program that primarily serves domestic violence survivors; and

b. other shelter accommodations such as time limited motel or hotel placement and other direct placement programs that provide safe housing that is arranged through a program staff member.

2. Standard 17.4. A program that provides shelter services as defined in Standard 17.3 must ensure that all types of services are accessible and culturally and linguistically appropriate. Domestic violence programs that provide safe shelter at locations separate from and/or in addition to the primary shelter facility must ensure that those accommodations are safe and that survivors have access to program staff, a telephone, the programs hotline telephone number, bathroom facilities, and locking doors.

3. Standard 17.5. A physical shelter facility must provide on-site staff member coverage 24-hours a day, 7 days a week.

a. Programs that provide shelter through other shelter accommodations must ensure that survivors living in those accommodations have access to program staff 24 hours a day, 7 days a week.

4. Standard 17.6. Programs must have written procedures regarding their shelter intake process. The program must have procedures relative to serving adult male survivors of domestic violence seeking emergency shelter. Male survivors are to be provided with the same level of services as provided to female survivors. Services may be provided in an alternate setting such as a hotel.

5. Standard 17.7. A shelter must provide a back-up staffing system for use during emergencies. A supervisor or designee must be available via a cellular telephone or in some manner that allows for an immediate response. The program must have written protocols that define criteria and steps for using the back-up system.

6. Standard 17.8. A program providing shelter services as defined in standard 17.3 must:

a. have written policies and procedures to ensure the safety and security of residents;

b. ensure that crisis intervention services are voluntary, accessible, available, and offered 24-hours a day with trained on-site advocates to provide face-to-face emergency services;

c. provide, free of charge, emergency food, clothing, and personal hygiene items for residents and their children;

d. provide a personal locker or cabinet that can be locked by a key or combination in which to place their medications and other items of value;

e. provide access to some form of public or private transportation to and from the facility, to other service providers, and to court;

f. not require residents to participate in religious groups or to use religious materials; and

g. offer accommodations to individuals with disabilities.

7. Standard 17.9. A domestic violence program providing shelter services as defined in standard 17.3 must ensure that the staff members and volunteers:

a. are trauma informed or are knowledgeable about trauma and participate in on-going training on how to offer trauma informed support;

b. have immediate face to face contact with a new resident admitted to a shelter to determine emergency needs and to orient the survivor to the program and its procedures;

c. initiate a face to face intake process with a new residents admission to the shelter; and

d. sign a written agreement with each survivor about services to be provided by the shelter which includes:

i. services to be provided by the program, it staff members, and volunteers;

ii. confidentiality rights and agreements including records and accessibility;

iii. communal living arrangements, residents rights, and privacy matters; and

iv. length of stay policies and the criteria that may affect the survivors stay.

8. Standard 17.10. Programs that provide a physical shelter facility must ensure that staff members and volunteers are trained in the dynamics of communal living including:

a. conflict resolution;

b. facilitating group dynamics; and

c. parent and child dynamics and interactions.

9. Standard 17.11. Shelters must develop guidelines that promote communal living. The purposes of the guidelines are for protection, safety, and health. Guidelines must include the shelters policies on confidentiality, child abuse reporting, nonviolence, weapons, drugs, alcohol, food areas, smoking areas, medications, childcare, and safety.

10. Standard 17.12. Programs must develop a written policy demonstrating how repetitive substance or alcohol use or the demonstration of behaviors incongruent with community living may affect their continued stay in the shelter.

11. Standard 17.13. Shelter management staff members must hold regular meetings to facilitate communal living.

12. Standard 17.14. Shelters must establish a length of stay policy that is flexible and that balances the needs of survivors and the programs ability to meet those needs. Programs that offer a physical shelter facility must offer shelter for a minimum period of six weeks with optional extensions. Programs that utilize hotels and motels must offer a minimum length of stay of four nights and facilitate a stay in a traditional, multifamily, or single family program for longer periods.

13. Standard 17.15. Survivors must be informed, in writing, of the minimum length of stay policy and of any criteria that may impact or shorten their stay in the facility.

14. Standard 17.16. Lengths of stay extensions are contingent on the survivors progress toward meeting self-identified goals. Programs must have a process for determining extensions. When a request for an extension is denied, the reasons are to be documented in the survivors case file and shared with the survivor in sufficient time for the survivor to make alternative arrangements. Participation in a support group may not be used as a criterion for granting length of stay extensions.

15. Standard 17.17. Any type of firearm or weapon shall be prohibited in the facility. Program staff members must include in their assessment for services appropriate questions to identify those survivors who may possess firearms or other weapons and assist them in making arrangements for them to be stored at a different location.

16. Standard 17.18. The program must have clearly defined policies for the involuntary termination of services. Shelter programs must make every effort to work with a survivor in order for the survivor to remain in the shelter, except for situations that compromise the safety of others or of the shelter such as:

a. the use of violence or threats of violence;

b. the use of behavior that repeatedly disrupts the ability of other survivors and their children to receive safe and effective services;

c. possession of illegal substances;

d. possession of a firearm or any other weapon that may threaten a life accidentally or intentionally;

e. active suicidal or homicidal behaviors; and

f. violating the confidentiality of another resident.

17. Standard 17.19. The program demonstrates its efforts to keep survivors eligible for shelter services through the documentation of attempts to assist the survivors and/or their children with problematic or disruptive behaviors:

a. demerit and warning systems are not to be used; and

b. the program must respect the survivors right to privacy in their person, property, communications, papers, and effects. Survivors are not to be subjected to unwarranted or unreasonable searches by shelter staff of their person, room, or property. However, circumstances may arise where some form of search may be necessary to protect the health and safety of shelter residents and staff. Survivors must be informed during intake of the circumstances under which such searches may occur.

18. Standard 17.20. Each residential survivor is to be assigned an advocate. This staff person must be available to meet with the survivor three times a week for the purpose of individual service planning and counseling. Survivors must be notified, in writing, that they will have at least one hour per day, three days a week, of available individual sessions.

a. If the survivors assigned advocate is not available, the program must ensure that an alternate staff advocate is available to meet with the survivor.

19. Standard 17.21. Shelter staff members must assist survivors requesting emergency safe shelter in obtaining other temporary shelter if the primary shelter facility is at capacity. The required minimum assistance to be offered by staff members of the domestic violence shelter in this situation is the provision of information and referrals to obtain alternative safe shelter and notice of the right to call back for additional assistance. Staff members and volunteers may make contact with another shelter or service and provide this resource to the survivor.

20. Standard 17.22. When an alternative safe shelter is located, it is the responsibility of the domestic violence program to provide transportation to the alternative shelter.

La. Admin. Code tit. 67, § III-6947

Promulgated by the Department of Children and Family Services, Economic Stability Section, LR 4437 (1/1/2018).

AUTHORITY NOTE: Promulgated in accordance with R.S. 46:2121-2128.