67:56:01:01.  Definitions. Terms used in this chapter mean:

 

          (1)  "Advocate," any trained employee or volunteer working for a shelter or service program to support an individual seeking or receiving services; and

 

          (2)  "Confidential information," any written, oral, or electronic communication between a person seeking or receiving services and an advocate; any records or written, oral, or electronic information identifying an individual seeking or receiving services; and any information relating to services provided to an individual including the location of services.

 

          Source: 16 SDR 129, effective February 6, 1990; 19 SDR 168, effective May 9, 1993; transferred from § 1:10:01:01 by SL 1994, ch 212, § 2, effective July 1, 1994; 38 SDR 105, effective December 12, 2011.

          General Authority: SDCL 25-10-30.

          Law Implemented: SDCL 25-10-28.

 

          67:56:01:02.  Service programs. Service programs shall provide a variety of services to victims of domestic violence and sexual assault. The services shall include the requirements as stated in SDCL 25-10-28 and in addition may include the following services:

 

          (1)  Crisis counseling;

          (2)  Follow up contact;

          (3)  Therapy;

          (4)  Group counseling;

          (5)  Information referral;

          (6)  Criminal justice support;

          (7)  Emergency financial assistance;

          (8)  Emergency legal advocacy;

          (9)  Personal advocacy;

          (10)  Medical advocacy;

          (11)  Assistance with filing compensation claims; and

          (12)  Transportation services.

 

          Source: 16 SDR 129, effective February 6, 1990; 19 SDR 168, effective May 9, 1993; transferred from § 1:10:01:02 by SL 1994, ch 212, § 2, effective July 1, 1994; 38 SDR 105, effective December 12, 2011.

          General Authority: SDCL 25-10-30.

          Law Implemented: SDCL 25-10-28.

 

          67:56:01:03.  Requirements for shelter services. Shelter services may be provided in a structure owned or operated by the program; in public accommodations paid for by the program, such as hotels and motels; or in private homes supervised by the program. A program using a hotel or motel facility or a private home as a shelter must have an agreement with the facility that provides for the safety and confidentiality of clients. Additionally, a program using a private home as a shelter must ensure:

 

          (1)  No individual living in the household has had a conviction for a crime that would indicate harmful behavior towards children, a crime of violence as defined by SDCL 22-1-2, a sex crime pursuant to SDCL chapters 22-22 or 22-24A or SDCL 22-22A-3, or within the preceding five years, a conviction for any other felony; and

 

          (2)  The program has submitted proof of liability insurance covering the home.

 

          Each program shall establish a policy defining eligibility standards and shall provide services to eligible individuals in all available settings within the program's service area. A program may not impose income standards or mandate participation in a program service as a condition of eligibility.

 

          Source: 16 SDR 129, effective February 6, 1990; 19 SDR 168, effective May 9, 1993; transferred from § 1:10:01:03 by SL 1994, ch 212, § 2, effective July 1, 1994; 38 SDR 105, effective December 12, 2011.

          General Authority: SDCL 25-10-30.

          Law Implemented: SDCL 25-10-28.

 

          67:56:01:04.  Training programs. Repealed.

 

          Source: 19 SDR 168, effective May 9, 1993; transferred from § 1:10:01:05 by SL 1994, ch 212, § 2, effective July 1, 1994; repealed, 38 SDR 105, effective December 12, 2011.

 

          67:56:01:05.  Program policy requirements. Each program shall establish and follow a written policy relating to:

 

          (1)  Personnel including:

 

               (a)  Staff and volunteer hiring, and orientation;

               (b)  Training on client orientation procedures, client services, safety, and confidentiality; and

               (c)  Documenting orientation, training, and continued education for each staff member and volunteer;

 

          (2)  Confidential information that includes;

 

               (a)  Any limits on an individual's right to confidentiality;

               (b)  Release of client information;

               (c)  Provisions addressing access, security, and destruction of confidential records;

               (d)  Grievance procedures to address any violations of the policy;

               (e)  Provisions ensuring notification to clients when an outside service provider or visitor will be present; and

               (f)  A requirement that information regarding each client's right to confidentiality and the need to protect that confidentiality is provided to each client, program staff, volunteer, outside service provider, and visitor;

 

          (3)  Client rights that provides:

 

               (a)  Each individual is informed of client rights and responsibilities and is provided a copy in an accessible format during the intake process;

               (b)  Each individual has the right to receive services in a manner which is client-centered and nondiscriminatory;

               (c)  Each individual has the right to refuse services; and

               (d)  The rights and responsibilities statement is posted in an accessible place;

 

          (4)  Community education that includes;

 

               (a)  Methods to promote understanding, collaboration, and assistance from other agencies and community organizations; and

               (b)  Methods by which service availability will be publicized in the service area to both the general public and underserved populations on a regular basis;

 

          (5)  Criminal record checks for prospective employees; and

 

          (6)  Fiscal management that includes annual preparation of a formal written budget of expected revenues and expenses that shall be reviewed and approved by the governing body annually.

 

          These policies shall be reviewed and approved by the program's governing body.

 

          Source: 38 SDR 105, effective December 12, 2011.

          General Authority: SDCL 25-10-30.

          Law Implemented: SDCL 25-10-28.

 

          67:56:01:06.  Client services policy requirements. Each program shall establish and follow a written policy in the following areas relating to client services:

 

          (1)  Intake and referral procedures;

          (2)  Eligibility;

          (3)  Orientation;

          (4)  Safety and security standards and procedures;

          (5)  Grievance procedures;

          (6)  Records retention;

          (7)  Smoke-free, drug-free, and violence-free environment;

          (8)  Conflicts of interest;

          (9)  Nondiscrimination;

          (10)  Transportation services;

          (11)  Medical care;

          (12)  Care of children when parent is absent; and

          (13)  Shelter house rules.

 

          Source: 38 SDR 105, effective December 12, 2011.

          General Authority: SDCL 25-10-30.

          Law Implemented: SDCL 25-10-28.

 

          67:56:01:07.  Program bylaws. Each program shall adopt bylaws which state its purpose and must:

 

          (1)  Provide for a board of directors who, as a group, represent the demographic characteristics of the residents of that area;

          (2)  Provide the number and terms of members on the board;

          (3)  Describe the qualifications for membership on the board;

          (4)  Provide that members of the governing board serve without pay;

          (5)  Provide that no financial benefit accrue as a result of membership on the board; and

          (6)  Identify the parliamentary procedure or consensus process to be followed in the conduct of business meetings.

 

          Source: 38 SDR 105, effective December 12, 2011.

          General Authority: SDCL 25-10-30.

          Law Implemented: SDCL 25-10-28.