# COMAR Title 01 — Executive Department ## Subtitle 04 — Governor'S Office of Crime Prevention, Youth, and Victim Services ### Chapter 02 — Rape Crisis Program **Authority:** Criminal Procedure Article, §11-923, Annotated Code of Maryland **Administrative History:** Effective date: March 25, 1985 (12:6 Md. R. 594) **Administrative History:** Regulation .05 amended effective November 2, 1987 (14:22 Md. R. 2338) **Administrative History:** Chapter recodified from COMAR 07.06 02 to COMAR 07.01.14 effective June, 2009 **Administrative History:** Chapter recodified from COMAR 07.01.14 to COMAR 01.04.02 effective December 24, 2012 (39:25 Md. R. 1610) **Administrative History:** Regulation .02A amended effective December 24, 2012 (39:25 Md. R. 1610) **Administrative History:** Regulation .03 amended effective December 24, 2012 (39:25 Md. R. 1610) **Administrative History:** Regulation .08C amended effective December 24, 2012 (39:25 Md. R. 1610) **Administrative History:** Regulation .09A amended effective December 24, 2012 (39:25 Md. R. 1610) **Administrative History:** Regulation .10B amended effective December 24, 2012 (39:25 Md. R. 1610) #### Regulation .01 Purpose. *COMAR 01.04.02.01* 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. #### Regulation .02 Definitions. *COMAR 01.04.02.02* A. “Office” means the Governor’s Office of Crime Control and Prevention. B. “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. #### Regulation .03 Eligibility. *COMAR 01.04.02.03* A person who has been an alleged victim of a rape or sexual offense is eligible for services from a rape crisis service program. #### Regulation .04 Application Procedure. *COMAR 01.04.02.04* A. 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. B. 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. C. For the applicant who is accepted for services, the staff person shall explain the services, and develop and begin to implement the service plan. #### Regulation .05 Program Services. *COMAR 01.04.02.05* A. The local program shall offer the following services to adult and child victims of rape and sexual offenses: (1) Receipt and response to crisis calls on a 24-hour basis; (2) Counseling with the alleged victim and his or her friends and relatives to alleviate the immediate crisis; (3) Accompaniment for medical services; (4) Assistance and support for the victim using mental health, social, medical, police, and legal services; (5) Information and education for the general public regarding the prevention and treatment of rape and sexual offenses; (6) Other specialized services designed to help adult and child victims and their families. B. The local program may offer the following services: (1) On-going counseling; (2) Specialized services designed to help adult victims of incest; (3) Assistance and support to the victim in legal and judicial proceedings; (4) Training of professionals in the community who are involved in the investigation or prosecution of sexual offenses or the provision of services to victims. #### Regulation .06 Duration of Services. *COMAR 01.04.02.06* The local program shall terminate services when the: A. Goal set in the service plan is reached; B. Recipient requests termination of services; or C. Staff decides with the recipient that the service is no longer appropriate. #### Regulation .07 Requirements for the Rape Crisis Service Program Staff. *COMAR 01.04.02.07* A. Professional, para-professional staff, and volunteers shall be trained to provide crisis intervention counseling and supportive services. B. Para-professional staff and volunteers shall have experience in interviewing persons under stress and shall be supervised by professional staff. #### Regulation .08 Requirements for Local Program Documentation and Records. *COMAR 01.04.02.08* A. Fiscal Recording. The local program shall: (1) Maintain books, records, documents, and other evidence of all expenditures and income; (2) Maintain records according to generally accepted standards of accounting; (3) 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. B. Case Record. (1) 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. (2) 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. C. The local program is responsible for compilation and transmittal of statistical data as required by the Office. D. All records shall be retained for a period of 3 years following completion of services. #### Regulation .09 Confidentiality. *COMAR 01.04.02.09* A. 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: (1) As required by State law regarding the reporting of cases of suspected child abuse or neglect; or (2) To Governor’s Office of Crime Control and Prevention employees authorized to monitor or audit the program. B. The local program shall maintain all written records regarding applicants and recipients of service in a securely locked location. #### Regulation .10 Grievance Procedure. *COMAR 01.04.02.10* A. 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. B. The local program shall forward to the Office a summary of each decision rendered, including findings of fact concerning each grievance heard.