N.Y. Comp. Codes R. & Regs. tit. 18 § 462.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 462.5 - Staffing requirements

Each nonresidential program for victims of domestic violence operated am by a social services district or by a not-for-profit organization pursuant to a purchase of services contract with a social services district must comply with the following staffing requirements:

(a)General requirements.

(1) The term staff persons, as used in this Part, means the compensated employees and the volunteers of a program.

(2) Prior to assuming any responsibilities as a staff person of such program, each staff person must be provided with a copy of the person's job description and must receive an orientation to the services provided by the program which includes a discussion of confidentiality issues, child abuse reporting requirements, program policies and procedures, and job responsibilities.

(3) A written training plan must be developed for those staff positions involved in the direct provision of core services.

(i) This plan must include a description of the content of the orientation as described in this subdivision and address how staff will receive on-going training.

(ii) Effective April 20, 2020, the plan must include training in adverse childhood experiences, also known as ACEs.

(iii) The plan may include and need not be limited to training in the following topics:

(a) dynamics of domestic violence, including an understanding of the ongoing patterned use of intimidation, coercion, and violence to establish and maintain dominance over an intimate partner; and an understanding of coercive control tactics which can include physical, psychological, sexual economic and/or emotional abuse;

(b) child abuse reporting requirements, including identification and prevention of child abuse and maltreatment, how to make a report to the state central register, reporting protocols, and what information can be provided during investigations;

(c) statutes and regulations pertaining to non-residential programs for victims of domestic violence;

(d) confidentiality issues which include the protection of personally identifying information of victims of domestic violence; protection of the physical addresses of residential programs for victims of domestic violence; protection of the identity of victims of domestic violence;

(e) legal remedies including provising an understanding of the legal rights and options available to victims of domestic violence. Legal remedies do not mean providing legal advice and/or representation by someone other than an attorney;

(f) community resources and services, including community and/or government resources that can help victims of domestic violence meet their basic needs. Basic needs include and are not limited to: food, health, and housing. Services may include and are not limited to: transportation, employment, housing, health care, mental health care, alcohol/substance abuse, and social services;

(g) organizational policy which includes: reviewing the organization's policies/personnel manual, time and attendance, job descriptions, safety and security, confidentiality, data systems, grievance protocols, etc.;

(h) substance use, including and not limited to, understanding the needs of individuals struggeling with substance use; how and when to seek emergency medical services for overdoses; and information regarding options available for residents who request information and/or referral for substance abuse treatment;

(i) mental health, including and not limited to, an understanding of the impact of trauma to the health of domestic violence victims and their children; understanding the needs of individuals with developmental disabilities and/or mental health conditions; how to assist residents who request professional mental health services with access to those services;

(j) diversity and inclusion, which includes: understanding how culture, ethnicity, religion, sexuality and/or gender identity/expression can influence/impact domestic violence victims; how to provide services to victims in a respectful manner as to increase the quality of services and provide better outcomes.

(4) All compensated employees or volunteers providing direct provision of core services must have an individualized development plan that identifies trainings completed and future training topics the individual may need to increase their knowledge and/or skills needed to carry out their duties. The agency may exempt any person from participating in a particular topic upon demonstration of substantially equivalent knowledge or experience to that topic.

(5) The program must maintain verification of completion of training requirements and provide such verification to the upon request.

(b)Staff qualifications.

(1) Administration.

Each program must employ a qualified director who is responsible for ensuring that all eligible persons receive the core services and available optional services specified in section 462.4 of this Part which are needed by such persons. A director must have four years of relevant work experience, one year of which must include supervisory experience.

(i) Relevant work experience includes paid or volunteer work experience with victims of domestic violence and/or the direct provision of human services.

(ii) College credits in a related course of study may be substituted for the nonsupervisory work experience requirements on a prorated basis.

(2) Services staff.

(i) The director must designate and identify a sufficient number of qualified staff who will be responsible for directly providing the core services and any available optional services specified in section 462.4 of this Part. The director may perform these functions in place of a qualified staff person.

(ii) Any staff person designated to provide one or more of the core services and/or optional services specified in section 462.4 of this Part must have one year of relevant work experience as defined in paragraph (1) of this subdivision.

(a) Training provided by the program and/or other agencies on the following topics may be substituted for the relevant work experience:

(1) dynamics of domestic violence;

(2) child abuse reporting requirements;

(3) confidentiality issues;

(4) legal remedies; and

(5) community resources and services.

(b) Twelve hours of such training may be substituted for one year of relevant work experience. Six hours of such training may be substituted for six months of relevant work experience.

(c) Any staff person designated to provide children's counseling also must have relevant work experience, education or training in child development.

(3) Transportation.

Any staff person directly providing transportation services must have a valid New York State driver's license for the types of vehicles which that staff person will use.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 462.5

AmendedNew York State Register April 1, 2020/Volume XLII, Issue 13, eff.4/1/2020