The Maryland Domestic Violence Program is a State-wide program to make available a temporary sheltered environment and supportive services to meet the special needs of victims of domestic violence and their children through a network of local domestic violence service programs. In this chapter, the following terms have the meanings indicated. Terms Defined. “Abuse” means: An act that causes serious bodily harm; An act that places an individual in fear of imminent serious bodily harm; Battery or assault and battery; Rape or sexual offense as defined by Criminal Law Article, §§3-303—3-306, Annotated Code of Maryland, or attempted rape or sexual offense; or False imprisonment. “Batterer” means an individual who has abused a current or former spouse, or current or former cohabitant. “Nonshelter services” means those services provided to the victim of domestic violence and any immediate family while not residing at the safe accommodation. “Office” means the Governor’s Office of Crime Control and Prevention. “Program” means a local domestic violence service program, in a specific area of the State, designed to meet the needs of a victim of domestic violence and the family. “Safe accommodation” means that location where the victim of domestic violence and children may take refuge from the batterer. “Shelter” means a specific facility operated by a domestic violence program designed to be a safe accommodation. “Shelter services” means those services provided to the victim of domestic violence and any children while they reside at the safe accommodation. “Victim of domestic violence” means an individual who has received deliberate, severe, and demonstrable physical injury or is in fear of imminent deliberate, severe, and demonstrable physical injury from a current or former spouse, or a current or former cohabitant, as defined in Family Law Article, §4-501, Annotated Code of Maryland. A victim of domestic violence who is a resident of Maryland and any children are eligible for shelter services from a program. A victim of domestic violence and any immediate family are eligible for nonshelter services from a program. A victim of domestic violence or a batterer may apply directly to a program for service, or be referred from another source. Program staff shall assess the application and determine whether services are available and appropriate for the applicant. When the program is at capacity or when the service is not appropriate to the applicant's needs, the staff shall refer the applicant to other appropriate resources. For the applicant who is accepted for shelter services, staff shall explain the services available and obtain the applicant's written agreement to abide by the shelter rules. Within the first 3 working days from the date of admission to a shelter, staff, with the applicant, shall develop and begin to implement a written comprehensive service plan. The program shall include the following services: Receipt and response to crisis calls on a 24-hour basis; Safe accommodation and board for the victim of domestic violence and any children; Counseling services for the victim of domestic violence to alleviate the immediate crisis; Counseling services for the batterer; and Information and referral service as needed to other community resources. The program may include the following services: Continuing counseling after the immediate crisis; Legal services and counseling as provided by attorneys or paralegal personnel; Specialized services designed to help children of a victim of domestic violence or a batterer; Accompaniment for legal and medical services; and Supportive services to help meet the need for: Housing, Employment, Education, Parenting skills, Child care, Health care, Transportation. The program may offer education and training to the community. The program shall terminate services when: The goal set in the service plan is reached; The recipient requests termination of services; A shelter services recipient fails to abide by the shelter rules; or The shelter staff decides with the recipient that the service is no longer appropriate. Residence in the shelter may not continue beyond 2 months unless a reevaluation of the service plan confirms that continuing residency is required and the shelter has available space. The shelter shall have available: Room and board capacity for the resident victim of domestic violence and any minor children; Counseling; and Paid staff or volunteers trained to assess need, establish eligibility, and develop comprehensive service plans. The shelter shall meet the physical requirements of applicable State and local fire codes and applicable State and local health codes. The program shall make available to the Office upon request a copy of the shelter rules, including the grievance procedure. Professional, paraprofessional staff and volunteers shall be trained to provide crisis intervention and continuing counseling and supportive services. Paraprofessional staff and volunteers shall have experience in interviewing persons under stress and shall be supervised by professional staff. Fiscal Recording. The program shall: Maintain books, records, documents, and other evidence of all expenditures and income; Maintain records according to generally acceptable standards of accounting; and Present upon receipt of reasonable notice all books, records, documents, and other evidence for inspection, review, or audit by State auditors or others authorized to monitor the performance of the program. Case Record. For each: Applicant for service, the program shall collect and retain basic identifying and demographic data concerning the applicant, and the nature of the request for service; Recipient of service, the program shall collect and retain data concerning the services rendered, including the service plan, and disposition of the case. The program is responsible for compilation and transmittal of statistical data as required by the Office. The program shall retain all records for a period of 3 years following the completion of services. The program may not disclose any identifying information regarding an applicant or recipient of service to any agency or individual without written authorization from the applicant or recipient except: As required by State law regarding the reporting of cases of suspected child abuse or neglect; or To Governor’s Office of Crime Control and Prevention employees authorized to monitor or audit the program. The program shall maintain all written records regarding applicants and recipients of service in a securely locked location. The program shall make available to any applicant or recipient of service aggrieved by a decision, action, or inaction of the program, a procedure by which the grievance may be heard. The procedure shall include a notice of the grievance rights and the steps to take to initiate the grievance process, an opportunity to be heard, and a written decision by the program director or the director's designee that affirms or reverses the program's action. The written determination shall include the basis for the decision. The program shall make available to the Office upon request a summary of each decision rendered, including findings of fact concerning each grievance heard. Family Law Article, §§4-501 and 4-513—4-516, Annotated Code of Maryland Effective date: March 25, 1985 (12:6 Md. R. 594) Regulation .02 amended effective December 25, 1989 (16:25 Md. R. 2709) Regulation .04A amended effective December 25, 1989 (16:25 Md. R. 2709) Regulation .05A, B amended effective December 25, 1989 (16:25 Md. R. 2709) Chapter revised effective February 12, 1996 (23:3 Md. R. 166) Chapter recodified from COMAR 07.06.04 to COMAR 07.01.15 effective June, 2009 Chapter recodified from COMAR 07.01.15 to COMAR 01.04.01 effective December 24, 2012 (39:25 Md. R. 1610) Regulation .02B amended effective December 24, 2012 (39:25 Md. R. 1610) Regulation .04E repealed effective December 24, 2012 (39:25 Md. R. 1610) Regulation .07C amended effective December 24, 2012 (39:25 Md. R. 1610) Regulation .09C amended effective December 24, 2012 (39:25 Md. R. 1610) Regulation .10A amended effective December 24, 2012 (39:25 Md. R. 1610) Regulation .11B amended effective December 24, 2012 (39:25 Md. R. 1610) The Maryland Rape Crisis Program is a State-wide program to make available counseling and supportive services to meet the special needs of alleged victims of rape and sexual offenses through a network of local rape crisis service programs. “Office” means the Governor’s Office of Crime Control and Prevention. “Rape crisis service program” means a local program designed to meet the needs of an alleged victim of rape or sexual offense in a specific area of the State. A person who has been an alleged victim of a rape or sexual offense is eligible for services from a rape crisis service program. An alleged victim of a rape or sexual offense may apply directly to a rape crisis service program for service, or be referred from another source. A staff person shall assess the application and determine whether services are available and appropriate for the applicant. When the service is unavailable or not appropriate to the applicant's needs, the staff person shall refer the applicant to other appropriate resources. For the applicant who is accepted for services, the staff person shall explain the services, and develop and begin to implement the service plan. The local program shall offer the following services to adult and child victims of rape and sexual offenses: Receipt and response to crisis calls on a 24-hour basis; Counseling with the alleged victim and his or her friends and relatives to alleviate the immediate crisis; Accompaniment for medical services; Assistance and support for the victim using mental health, social, medical, police, and legal services; Information and education for the general public regarding the prevention and treatment of rape and sexual offenses; Other specialized services designed to help adult and child victims and their families. The local program may offer the following services: On-going counseling; Specialized services designed to help adult victims of incest; Assistance and support to the victim in legal and judicial proceedings; Training of professionals in the community who are involved in the investigation or prosecution of sexual offenses or the provision of services to victims. The local program shall terminate services when the: Goal set in the service plan is reached; Recipient requests termination of services; or Staff decides with the recipient that the service is no longer appropriate. Professional, para-professional staff, and volunteers shall be trained to provide crisis intervention counseling and supportive services. Para-professional staff and volunteers shall have experience in interviewing persons under stress and shall be supervised by professional staff. Fiscal Recording. The local program shall: Maintain books, records, documents, and other evidence of all expenditures and income; Maintain records according to generally accepted standards of accounting; Present upon receipt of reasonable notice all books, records, documents, and other evidence for inspection, review, or audit by State auditors or others authorized to monitor the performance of the local program. Case Record. For each applicant for service, the local program shall collect and retain basic identifying and demographic data concerning the applicant, and the nature of the request for service. For each recipient of service, the local program shall collect and retain data concerning the services rendered, including the service plan, and disposition of the case. The local program is responsible for compilation and transmittal of statistical data as required by the Office. All records shall be retained for a period of 3 years following completion of services. The local program may not disclose any identifying information regarding an applicant or recipient of service to any agency or individual without written authorization from the applicant or recipient except: As required by State law regarding the reporting of cases of suspected child abuse or neglect; or To Governor’s Office of Crime Control and Prevention employees authorized to monitor or audit the program. The local program shall maintain all written records regarding applicants and recipients of service in a securely locked location. The local program shall make available to any applicant or recipient of service aggrieved by a decision, action, or inaction of the local program, a procedure by which the grievance may be heard. The procedure shall include a notice of the grievance rights and the steps to take to initiate the grievance process, an opportunity to be heard, and a written decision by the local program director or his or her designee that affirms or reverses the local program's action. The written determination shall include the basis for the decision. The local program shall forward to the Office a summary of each decision rendered, including findings of fact concerning each grievance heard. Criminal Procedure Article, §11-923, Annotated Code of Maryland Effective date: March 25, 1985 (12:6 Md. R. 594) Regulation .05 amended effective November 2, 1987 (14:22 Md. R. 2338) Chapter recodified from COMAR 07.06 02 to COMAR 07.01.14 effective June, 2009 Chapter recodified from COMAR 07.01.14 to COMAR 01.04.02 effective December 24, 2012 (39:25 Md. R. 1610) Regulation .02A amended effective December 24, 2012 (39:25 Md. R. 1610) Regulation .03 amended effective December 24, 2012 (39:25 Md. R. 1610) Regulation .08C amended effective December 24, 2012 (39:25 Md. R. 1610) Regulation .09A amended effective December 24, 2012 (39:25 Md. R. 1610) Regulation .10B amended effective December 24, 2012 (39:25 Md. R. 1610) The Maryland Crime Victims' Services Program, subject to the availability of funds, provides specialized services to meet the needs of victims of crime through a network of local crime victims' assistance programs. Priority in funding shall be given to local crime victims' assistance programs serving victims of sexual assault, domestic violence, and child abuse. In this chapter, the following terms have the meanings indicated. Terms Defined. “Crime victims' assistance program” means a local program providing direct services to victims of crime. “Office” means the Governor’s Office of Crime Control and Prevention. An individual who has been an alleged victim of a crime, as well as affected family or friends, or both, of the alleged victim of crime, are eligible for services from a crime victims' assistance program. An individual who has been an alleged victim of a crime, as well as that individual's family member or friend, may apply directly to a crime victims' assistance program for services, or be referred from another source. A member of the staff shall assess the application and determine whether services are available and appropriate for the applicant. When the service is unavailable or not appropriate for the applicant's needs, the staff member shall refer the applicant to other appropriate resources. For the applicant who is accepted for services, the staff member shall explain the services and develop and begin to implement the service plan. The local program shall offer services that directly benefit the crime victim. These services may include, but are not limited to, the following: Crisis intervention services that meet urgent emotional or physical needs of crime victims. Crisis intervention services may include the operation of a 24-hour hotline that provides counseling or referral for crime victims. Emergency services that: Provide temporary shelter for crime victims who cannot safely remain in their current lodgings; Offer measures such as repair of locks or boarding up of windows to prevent the immediate reburglarization of a home or an apartment; or Provide crime victims petty cash for meeting immediate needs related to transportation, food, shelter, and other necessities. Support services that include: Follow-up counseling for other than crisis reactions, reassurance and empathetic listening, and guidance for resolving practical problems created by the experience of victimization; Acting on the crime victim's behalf vis-a-vis other social services and criminal justice agencies; Assistance in obtaining the swift return of property being kept by police as evidence; Intervention, as appropriate, with landlords or employers; and Referral to other sources of assistance, as needed. Court-related services that assist crime victims in participating in criminal justice proceedings including transportation to court, child care, and accompaniment services. Payment of all reasonable costs for a forensic examination of a victim of sexual assault/abuse, to the extent that these costs are not otherwise reimbursed or paid by third parties. Funds may only be used to pay for those forensic examinations that conform to standards adopted by the State or meet the evidentiary requirements of the local prosecutor. Training for those individuals, salaried or volunteer staff, who provide direct services to crime victims, which may include personnel employed by criminal justice, social services, mental health, or related agencies. Printing and distribution of brochures and similar announcements describing the direct services available and how to obtain a program's assistance, and similar public notification efforts intended to recruit volunteers. The local program shall assist victims in seeking available crime victims' compensation benefits. This assistance may be achieved by identifying and notifying potential recipients of the compensation program and assisting them with the application forms and procedures. The local program shall promote coordinated public and private efforts to aid crime victims within the community served. The local program shall terminate services when the: Goal set in the service plan is reached; Recipient requests termination of services; or Staff decides with the recipient that the service is no longer appropriate. The local program shall use volunteers unless and to the extent the Governor or the Governor's designee determines that compelling reasons exist to waive this requirement. Professional and para-professional staff and volunteers shall have training or experience in interviewing individuals in crisis and providing supportive services. Fiscal Recording. The local program shall: Maintain books, records, documents, and other evidence of all expenditures and income; Maintain records according to generally acceptable standards of accounting; Present all books, records, documents, and other evidence for inspection, review, or audit by State auditors or others authorized to monitor the performance of the local program, upon reasonable notice. Case Record. For each: Applicant for service, the local program shall collect and retain basic identifying and demographic data concerning the applicant, and the nature of the request for service; Recipient of service, the local program shall collect and retain data concerning the services rendered, including the service plan and disposition of the case. The local program is responsible for compilation and transmittal of statistical data as required by the Office. Records shall be retained for a period of 3 years following completion of services. The local program may not disclose any identifying information regarding an applicant or recipient of service to any agency or individual without written authorization from the applicant or recipient except: As required by State law regarding the reporting of cases of suspected child abuse or neglect; or To Governor’s Office of Crime Control and Prevention employees authorized to monitor or audit the program. The local program shall maintain all written records regarding applicants and recipients of service in a securely locked location. The local program shall make available to any applicant or recipient of service aggrieved by a decision, action, or inaction of the local program, a procedure by which the grievance may be heard. The procedure shall include a written notice of the action taken and the basis for the action, together with a copy of the grievance rights and the steps to take to initiate the grievance process, an opportunity to be heard, and a written decision by the local program director or his or her designee that affirms or reverses the local program's action. The written determination shall include the basis for the decision. The local program shall forward to the Office a summary of each decision rendered, including finding of facts concerning each grievance heard. Human Services Article, §4-302, Annotated Code of Maryland;Victims of Crime Act of 1984, Public Law 98-473, §1401 et seq. Effective date: November 17, 1986 (13:23 Md. R. 2479) Regulation .01 amended effective October 1, 2001 (28:19 Md. R. 1683) Regulation .03 amended effective October 1, 2001 (28:19 Md. R. 1683) Regulation .04 amended effective October 1, 2001 (28:19 Md. R. 1683) Regulation .05A, C amended effective October 1, 2001 (28:19 Md. R. 1683) Regulation .07 amended effective October 1, 2001 (28:19 Md. R. 1683) Regulation .08A amended effective October 1, 2001 (28:19 Md. R. 1683) Chapter recodified from COMAR 07.06.07 to COMAR 07.01.16 effective June, 2009 Chapter recodified from COMAR 07.01.16 to COMAR 01.04.03 effective December 24, 2012 (39:25 Md. R. 1610) Regulation .02B amended effective December 24, 2012 (39:25 Md. R. 1610) Regulation .08C amended effective December 24, 2012 (39:25 Md. R. 1610) Regulation .09A amended effective December 24, 2012 (39:25 Md. R. 1610) Regulation .10B amended effective December 24, 2012 (39:25 Md. R. 1610) The purpose of the regulations set forth in this chapter is to set forth guidelines for the process by which a nonprofit or governmental organization shall be eligible and authorized to have online access to records of otherwise shielded peace orders and protective orders. In this chapter, the following terms have the meanings indicated. Terms Defined. “Central Repository” means the Domestic Violence Central Repository, an electronic database maintained by the Judicial Information System of the Administrative Office of the Courts. “Office” means the Governor’s Office of Crime Control and Prevention. “Organization” means a nonprofit or governmental entity or agency that may be authorized under this chapter to have online access to records of otherwise shielded peace orders or protective orders. “Peace order” means either an interim peace order issued by a district court commissioner or a temporary or final peace order issued by a court under Courts and Judicial Proceedings Article, Title 3, Subtitle 15, Annotated Code of Maryland. “Protective order” means either an interim protective order issued by a district court commissioner or a temporary or a final protective order issued by a court under Subtitle 5 of Title 4 of the Family Law Article, Annotated Code of Maryland. “Victim services provider” means an organization that has been authorized by the Office to have online access to records of otherwise shielded peace orders or protective orders. Organizations eligible to be victim services providers include: State-designated domestic violence shelters; Full service rape crisis centers; and Maryland Legal Services Corporation grantees identified by the Maryland Network Against Domestic Violence or the Maryland Coalition Against Sexual Assault as entities that provide services to victims. An organization not otherwise eligible to be a victim services provider under §A of this regulation may be deemed by the Office, in the exercise of its discretion, to be eligible. In determining eligibility under §B of this regulation, the Office shall consider any information it believes relevant, including the organization’s: History of providing assistance to victims of domestic violence or sexual assault; Experiences and current practices relating to the handling of confidential information; Proffered reasons for online access; and Recommendations for online access from victim services providers or State agencies. An eligible organization seeking initial or continued online access to Central Repository records of peace orders and protective orders shall submit an application to the Office. The Office shall develop a form appropriate for this purpose, which at a minimum shall require the applicant to: Disclose fully its internal policies, procedures, and training practices relating to its employees’ and representatives’ handling of confidential information; Agree to advise the Office immediately whenever it becomes aware of any facts evidencing a misuse of online access by its employees or representatives; and Agree to cooperate fully with the Office and the Administrative Office of the Courts whenever either agency seeks information relating to an alleged misuse of online access by the applicant’s employees or representatives. The Office shall review each application and determine whether it shall authorize the requested access. In making its authorization determination, the Office shall consider the materials submitted in support of the application, as well as any other relevant information, including that referenced in Regulation .03 of this chapter. If the Office determines that an applicant-organization shall be authorized to have online access to Central Repository records of peace orders and protective orders, the Office shall certify that organization as a victim services provider. The Office shall promptly notify the applicant-organization and the Administrative Office of the Courts of the certification. Certification shall be effective upon the issuance of the notification to the applicant-organization and the Administrative Office of the Courts and, unless rescinded and revoked, shall remain in effect for 3 years from that date. A certification is non-transferable to any other organization. If the Office determines that an applicant-organization shall not be authorized to have online access to records of peace orders and protective orders, the Office shall not certify that organization as a victim services provider. The Office shall promptly notify such an applicant-organization and the Administrative Office of the Courts of its determination, and it shall include in its notification the basis for its decision. An organization may seek administrative review of the determination under Regulation .06B of this chapter. Upon receipt of notification from the Office that an organization is a victim services provider, the Administrative Office of the Courts shall provide that organization with online access to otherwise shielded peace orders and protective orders. The Administrative Office of the Courts shall administer the access so conferred in whatever manner it deems reasonably necessary and appropriate. Should the Office become aware of any facts or circumstances evidencing either a victim services provider’s misuse of its online access or a victim services provider’s failure to cooperate with the Office or the Administrative Office of the Courts, the Office may take whatever action it deems necessary and appropriate, including suspending or revoking that organization’s authorization and certification. The Office shall immediately notify the Administrative Office of the Courts of any change to an organization’s status as a victim services provider. An organization that is denied authorization or whose authorization is suspended or revoked may seek reconsideration of that action by filing a request with the Office within 30 days of the Office’s action. No later than 45 days after its receipt of a request, the Office will advise the organization of its final determination. An organization whose authorization is revoked by the Office may reapply for authorization no earlier than 1 year from the date of revocation, unless the Office determines that a longer or shorter duration is appropriate, in which circumstance the different length of time set by the Office controls. Courts and Judicial Proceedings Article, §3-1510; Family Law Article, §4-512; Annotated Code of Maryland Effective date: January 19, 2015 (42:1 Md. R. 17)