West Virginia Code of State Rules Agency 190 - Real Estate Appraiser Licensing And Certification Board
🔹 WEST VIRGINIA CODE OF STATE RULES
Agency 191 – Family Protection Services Board
Overview: What Agency 191 Governs
Agency 191 contains the legislative rules that govern the Family Protection Services Board. The Board exists to oversee and license programs involved in domestic violence services in West Virginia. These include:
Domestic violence programs (shelters and outreach)
Batterer Intervention and Prevention Programs (PIPs)
Supervised parenting and exchange programs
The rules set out:
The Board’s purpose and authority
Licensing requirements and standards
Requirements for program operations and staff
Confidentiality and participant protections
Licensing types and enforcement procedures
Each section of the Code addresses different aspects of regulation. Let’s go section-by-section, using only what's in the rules.
🔹 Title 191, Series 1 – General Provisions
§191-1-1. General
This section establishes the rule's authority and purpose. It states that these rules implement licensing procedures and requirements for programs providing services to victims of domestic violence, as well as perpetrator programs.
§191-1-2. Definitions
Provides key terms used throughout:
Board: Family Protection Services Board
Program: Refers to any organization providing shelter or intervention services
Advocacy: Services that help victims plan for safety and access resources
Confidentiality: Programs must protect the identity and information of participants
License Types: Full, provisional, and conditional licenses are defined
These definitions are foundational for interpreting all the following sections.
🔹 Title 191, Series 2 – Licensing of Domestic Violence Programs
This section regulates programs that provide services to victims of domestic violence, including shelters and outreach services.
§191-2-1. General Scope
Only licensed programs may receive funding or provide services defined in these rules. It sets the requirement that any qualifying program must be licensed by the Board.
§191-2-2. License Application and Renewal
To apply for or renew a license, a program must:
Submit a complete application
Undergo review
Pass an evaluation for compliance with safety and service standards
§191-2-3. Minimum Standards for Programs
This is a key section. Programs must:
Operate both shelter and outreach services
Support victim autonomy and self-determination
Offer advocacy, safety planning, legal referrals, and support services
Employ trained staff, including certified domestic violence advocates
Keep records on services, demographics, and outcomes
Maintain financial accountability
Abide by strict confidentiality rules: no release of participant info without consent, unless required by policy or certain limited situations
Programs must also create policies ensuring that victims are not forced into services and are free to make decisions about their lives.
§191-2-4. Minimum Standards for Shelters
Shelters must:
Be safe, sanitary, and accessible
Provide food, clothing, and basic needs
Maintain space for private consultation
Allow victims to come and go freely
Have written safety and emergency procedures
Offer alternative lodging if the shelter is full or if it cannot accommodate a participant (e.g., men, elderly, disabled individuals)
§191-2-5. Prohibited Practices
Programs cannot:
Discriminate based on protected categories
Restrict access based on relationship status or immigration status
Engage in or tolerate abusive behavior by staff
Use participant information for purposes other than service delivery
Deny services as punishment or retaliation
🔹 Title 191, Series 3 – Licensing of Batterer Intervention & Prevention Programs (PIPs)
These are programs designed for people who commit domestic violence (not the victims). The goal is to reduce future abuse through education and behavior change.
§191-3-1. Scope
No program may provide batterer intervention services unless licensed by the Board.
§191-3-2. Definitions
Clarifies terms such as:
Perpetrator: A person who has committed acts of domestic violence
Intervention: The educational and therapeutic services intended to change behavior
§191-3-3. Program Requirements
PIPs must:
Have a qualified board of directors and professional staff
Deliver structured programming based on non-violence and respect
Follow a curriculum that teaches accountability and addresses control and abuse
Ensure program staff are trained in:
Risk assessment
Legal framework
Impact of violence on victims and children
Historical and social context of domestic violence (including attitudes about power and gender)
Provide participants with clear rules and require regular attendance
These programs must report non-compliance by participants and maintain separation from victim services, ensuring that no contact occurs.
🔹 Title 191, Series 4 – Monitoring and Oversight
§191-4-1. Compliance Reviews
The Board may conduct:
Regular reviews
Random site visits
File audits
Licensing decisions are based on these evaluations.
§191-4-2. Types of Licenses
Full license: Valid for 3 years if fully compliant
Provisional license: Up to 180 days for non-life-threatening issues
Conditional license: Up to 90 days for safety-related problems
Revocation: If the program poses risk or refuses to comply
Programs must correct violations in the time allowed or risk closure.
🔹 Title 191, Series 5 – Confidentiality and Participant Protections
§191-5-1. Confidentiality of Records
Programs must:
Keep all participant records confidential
Only release information with written consent, or where clearly allowed (e.g., legal obligation)
Train staff on confidentiality
Store records securely
Violating confidentiality can result in loss of license.
🔹 Key Concepts and Internal Logic (No External Law)
Even without referring to external laws or doctrines, we can derive the internal logic and goals of the rules:
Licensing is mandatory for any program offering domestic violence or batterer intervention services.
Participant safety and autonomy are core values: programs must serve victims respectfully and support their decision-making.
Accountability is required: for perpetrators (via PIPs), for program finances, and for adherence to policies.
Non-discrimination is built into every level—services must be offered equitably to people regardless of gender, ability, or status.
Oversight and enforcement ensure the rules have real consequences: revocation, site visits, and different license levels enable the Board to act quickly.
Confidentiality is non-negotiable: breaking it damages trust and risks program shutdown.
✅ Conclusion
Within the text of the Code of State Rules – Agency 191, the Family Protection Services Board is tasked with regulating and licensing services for victims of domestic violence and programs that work with perpetrators. It creates a comprehensive, self-contained framework that ensures:
Service quality
Victim safety
Program accountability
Professional standards
Confidentiality
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