Section 0250-07-04-.04 - MINIMUM STANDARDS FOR FAMILY VIOLENCE SHELTERS(1) Definitions - For purposes of this chapter, a Family Violence Shelter is a place where only family violence victims, their children, and dependents can seek temporary refuge 24 hours a day, seven days a week, 365 days a year. This definition includes a program which operates a shelter under which safe homes or commercial lodgings are used as a refuge for family violence victims, their children and dependents. Commercial lodging is the least acceptable residential service to be provided. Standards which apply to safe homes and commercial lodging are outlined in paragraph 3 and 4. Shelter facilities must have confidential locations and be located in separate facilities that exclusively serve family violence victims and their dependents. Eligible programs must have some form of shelter at the time of application with definite plans of opening a facility with a confidential location.(2) Physical Plant - Shelter. (a) The Department shall review shelter programs to determine compliance with certain requirements pertaining to fire, health and safety. Compliance with the requirements of Chapter 21 of the Life Safety Code (Fire Standards) to become effective July 1, 1992, incorporated herein by reference, however, shall not relieve the agency from the legal responsibility of complying with all other applicable health and safety codes and standards. The following requirements will be monitored by the Department. 1. No lead paint or peeling paint in the shelter or on shelter walls, furniture, cabinets, doors, windows, stairs, and porches; and2. All hazardous material must be safely secured and stored away from the reach of children.(b) A shelter program must have arrangements for the provision of food. In a shelter, this include access to cooking facilities, refrigeration and utensils or equipment.(c) A shelter Program must have bathing, lavatory, and toilet facilities available on the premises. The shelter program will provide access to laundry facilities.(d) A shelter program must have sleeping beds available for each person in residence. Cribs or playpens must be available for infants and toddlers.(e) A shelter program must provide a centrally located secure storage for medication belonging to residents.(f) A shelter program must provide residents access to telephone communications.(g) A shelter program must provide that all external entrances or exits, including doors, windows, skylights, cellars, etc. are securable.(h) A shelter program must provide access to supplies for personal hygiene of the residents. (i) A shelter program must provide a reasonably safe and comfortable environment in which to reside, which includes heat, ventilation, and cleanliness. A shelter must have adequate heating and cooling equipment to be comfortable whenever necessary.(j) A shelter program must prohibit possession and use of weapons, alcohol or illegal drugs on its premise.(k) A shelter program must have a secure play space for children and appropriate play equipment.(3) Program - Shelter, Safe Home, Commercial Lodging.(a) A shelter program must provide all residents of their facility an orientation to the premises. This orientation will also include an explanation of facility rules, rights and responsibilities of the residents and the operating procedure of the facility.(b) A shelter program must have written policy which establishes 24 hour immediate access to staff or trained volunteers. This access may include an individual on the premises or on-call. This access must be available to residents in shelters, safe homes, or commercial lodging. This policy must be made available to all residents.(c) A shelter program must have a written plan for exiting during a fire. This plan must be posted; and reviewed during orientation.(d) A shelter program must have written policy concerning the security of resident's belongings.(e) A shelter program must have written policy which provides for security and confidentiality of residents' location. This policy must include procedures regarding intruders or trespassers, contact with law enforcement, and access to staff or the designated person, 24 hours a day..(f) A shelter program must provide access to a telephone and have written policy for utilization of the telephone by residents.(g) A shelter must have written policy and procedure for emergency medical needs and routine medical needs of shelter residents.(h) A shelter program must have services for child residents which include:1. Staff or volunteers trained to meet needs of children.2. Provisions of counseling and/or advocacy for children.3. Provisions for adequate and secure indoor play space and recreational activities. Outdoor space, where available, should be adequate and secure.4. Age appropriate intervention activities based on needs of individual child.5. Written policy concerning educational plan for children in the shelter.6. Written policy concerning non-violent discipline to be practiced by staff and residents alike.7. Written policy regarding child care.8. Written policy and procedure regarding and requiring reporting of child abuse to the Department of Human Services.9. Written policy regarding the rights and responsibilities of children and an orientation of these children, where age appropriate, to these rights and responsibilities.(4) Safe Homes/Commercial Lodging - Standards described in section 3 apply to shelter, safe homes, and commercial lodging as residential services. Additional standards specifically for safe homes and commercial lodging includes:(a) The shelter program must have a written process for the selection and continued evaluation of safe homes.(b) The shelter program must provide adequate and appropriate training for safe home providers.(c) Safe home providers must have a written statement of rights and responsibilities provided by the shelter program.(d) Safe homes must provide sleeping privacy for guests and access to bathing and laundry facilities, food and telephone access.(e) The shelter program will assure that residents of a safe home system or commercial lodging have equal access to all the core services including daily contact by staff or trained volunteer.(f) Although commercial lodging is available for use by shelter programs, it is the least preferable type of residential service. Programs ate encouraged to develop a safe home network system or ideally a shelter facility for permanent residential services to assure quality service delivery.Tenn. Comp. R. & Regs. 0250-07-04-.04
Original rule filed May 23, 1986; effective June 22, 1986. Amendment filed December 4, 1987; effective March 31, 1987. Amendment filed March 18, 1992; effective April 3, 1992. Rule assigned a new control number, removed, and renumbered from 1240-7-4-.04 filed and effective March 25, 1999.Authority: T.C.A. §§ 4-5-226(b)(2), 14-33-103, 37-5-101, 37-5-105, 37-5-106, 37-5-112(a), 71-1-105(12), and 71-6-203(7).