|
A.
WHAT ARE THE MAJOR ISSUES, IN YOUR STATE, IF ANY, THAT HINDER VICTIM ASSISTANCE PROGRAMS IN ASSISTING CRIME VICTIMS IN FILING FOR COMPENSATION BENEFITS AND IN UNDERSTANDING STATE VICTIM COMPENSATION ELIGIBILITY REQUIREMENTS?
|
Overall, VOCA funded programs continue to provide crucial information and assistance and appear to be appropriately fulfilling their victims? compensation related responsibilities under VOCA guidelines and the state?s Crime Victim and Witness Rights Act.
Recent changes in the payment process for sexual assault evidence collection exams have provided victim advocates and Criminal Injuries Compensation Fund (CICF) staff with new opportunities to work together. CICF staff and victim advocates continue to work together to ensure that allied professionals are aware of the policy changes allowing CICF to pay these expenses, to ensure that victims understand their rights, and to ensure that hospitals receive payment for exam expenses. Due to these policy changes it appears that sexual assault crisis center advocates are also taking a more active role in explaining both sexual assault exam payment policies, and victims? compensation benefits in general, to victims who present at hospitals.
Victim/Witness Program staff continue to play a major role in the sometimes complex process of filing claims, ensuring that victims understand benefits and limitations, following up with victims and CICF staff to ensure that claims are complete and fully documented, and ensuring that awards are received. Victim advocates and CICF staff work well together to ensure that victims receive all available benefits. However, the complexity of cases, eligibility issues, and limitations on awards are among the challenges confronted by victims and their advocates.
For example, one program director assisted a victim who was assaulted at her workplace. Significant time and effort was expended in documenting that this case should be handled as a victims? compensation claim and not as a workers? compensation claim. The victim worked two jobs to support herself and her child. She had no health insurance, but was not eligible for coverage through the State and Local Hospitalization program either. Due to her modest means and lack of health insurance coverage, she had to return to work within just a few days. The director worked with CICF staff to secure payment of lost wages and moving expenses in order to address the victim?s most immediate needs. However, substantial medical bills for her emergency treatment, and for surgery which would be needed to repair a severed tendon in her hand, remained to be addressed and exceeded the maximum CICF award. In addition the victim?s employment was terminated due to ?lack of attention? on the job.
Thus, the assistance of the victim/witness program staff and the benefits available through CICF were very helpful and demonstrate an effective working relationship. However, all involved are sometimes understandably frustrated by limited capacity to address victims? needs.
|
|
|
|
B.
BRIEFLY DESCRIBE EFFORTS TO PROMOTE COORDINATED PUBLIC AND PRIVATE EFFORTS WITHIN THE COMMUNITY TO AID CRIME VICTIMS.
|
State level coordination efforts include the following:
DCJS staff members provided intensive support to the Governor?s Commission on Sexual Violence. A final report was released in November 2007. DCJS staff worked with allied professionals across the state to implement the Commission?s recommendations.
DCJS, the Virginia Department of Health, and the Virginia Sexual and Domestic Violence Action Alliance continue to hold quarterly regional sexual violence meetings/trainings. During these meetings we promote coordinated and improved victims services by providing information on resources, updates on funding, and training on emerging issues.
DCJS continues to lead an effort, supported with OVC discretionary grant funds, to promote the Virginia Victim Assistance Academy. The Academy is guided by a multi-disciplinary Steering Committee which includes representatives from DCJS, as well as our university partners, the University of Richmond and Virginia Commonwealth University. Other members on the committee include representatives from law enforcement, prosecution, the Alliance, the Virginia Network for Victims and Witnesses of Crime, the Department of Corrections, the Parole Board, the Department of Social Services, the Attorney General?s Office, the F. B. I., the U. S. Attorney?s Office, the Criminal Injuries Compensation Fund, local victim assistance programs, and crime victims. The first Virginia Victim Assistance Academy was held in July 2008 on the University of Richmond campus.
In order to assess the Academy?s impact and strengthen and improve it in its second year, a strong evaluation component was built into the Virginia Victim Assistance Academy. The evaluation was cooperatively designed by DCJS and the University of Richmond and includes knowledge-based pre- and post tests developed to measure participants? increase in knowledge of basic learning objectives, as well as evaluations of all Academy sessions and activities, faculty evaluations, and staff debriefs to review the process of developing and implementing the Academy. We anticipate having a report on the results of the evaluation later this fall.
An initial review of evaluations completed by participants indicates that they viewed the Academy very positively. More specific results will be available after the data are analyzed.
|
|
|
|
C.
BRIEFLY DESCRIBE EFFORTS TAKEN TO SERVE FEDERAL CRIME VICTIMS, I.E. COORDINATION ETC.
|
Most assistance provided to federal crime victims in Virginia continues to involve members of the military and their families. This year, these cases included stalking, child sexual assault, adult sexual assault, domestic violence and property crimes. In these cases, program staff coordinated with the appropriate military authorities to ensure that the victims? rights and needs were met.
For example, in two regions of Virginia, military and community-based advocates have created on-going working teams to provide case management. Additionally, a child abuse program reported providing therapeutic services, and victims? compensation assistance, to a child victim and her family in a case involving federal and state law enforcement agencies. A victim/witness program also reported receiving a call from the U. S. Attorney?s Victim Assistance Office requesting help in setting up a ?keep check? with local police on a victim?s residence following the release of a federal prisoner. The victim is the inmate?s ex-wife; the inmate had previously threatened to kill her upon his release from a Federal Correctional Center. Information was shared with the local police and they continue to maintain drive-by surveillance of the property on each shift watch.
|
|
|
|
D.
DESCRIBE ANY NOTABLE ACTIVITIES CONDUCTED AT THE STATE OR SUBGRANT LEVEL TO IMPROVE THE DELIVERY OF VICTIM SERVICES (I.E. NEEDS ASSESSMENTS, PROGRAM MONITORING, AND PROGRAM EVALUATION). INCLUDE TRAINING EFFORTS, AND USE OF VOCA APPROVED TRAINING FUNDS, IF APPLICABLE.
|
The Victims Services Section has contributed to improving the efficiency and effectiveness of services delivered to victims by conducting trainings, including a Program Management and Grant Renewal Training for Victim/Witness Program grantees. DCJS staff also presented training for victim advocates and allied professionals on topics including: Campus Law Enforcement and Victim Advocates Response to Mass Tragedy, Crisis Response: The Virginia Tech Shootings, Basic Program Management, Sexual Violence Training of Trainers, and SART Protocol Training.
DCJS also updated and distributed a ?Codebook? for sexual assault grantees in order to better outline the grant guidelines and define the service objectives. This Codebook assisted subgrantees in completing their semi-annual reports.
The Virginia Department of Social Services provided training scholarships to advocates of under-funded local domestic violence programs. The scholarships totaled $2,500. The scholarships provided the opportunity for the staff members of the local programs to attend the 14th Annual Spring Training Retreat sponsored by the state domestic and sexual violence coalition. The 13-hour training provided workshops on prevalent and emerging issues to better serve victims of sexual and domestic violence. The advocates were presented with tools and resources to enhance the services they provide in their local sexual and domestic violence programs.
The Virginia Department of Social Services contracted with VSDVAA to provide basic advocacy training to new domestic violence advocates. The trainings supported under the contract included Basic Advocacy, Crisis Intervention and Children?s Advocacy.
The Virginia Department of Social Services worked with the local domestic violence programs and sexual violence crisis centers, the Virginia Sexual and Domestic Violence Action Alliance (VSDVAA) and other state agencies, including the Department of Criminal Justice Services (DCJS), the Virginia Department of Health (VDH), and the Virginia Department of Housing and Community Development (VDHCD), to develop model confidentiality and record keeping policies. The work group solicited input from all domestic and sexual violence programs in the state to assess the current policy status and areas of need regarding confidentiality and record keeping. The model policies are now being finalized. Once the document has been approved, VDSS will disseminate the model policies and procedures to local domestic violence programs and sexual assault crisis centers. VDSS and VSDVAA will collaborate to develop and implement confidentiality trainings.
Grant monitoring processes include the following:
? On-site individual program monitoring, followed by completion of a written report including recommendations.
? Regional monitoring meetings involving small groups of grantees. With this approach DCJS staff can cost effectively provide training and technical assistance to grantees and assess program performance and compliance issues. Additionally, this approach provides grantees with opportunities to problem solve and learn from each other.
? On-line grantee self assessment tools addressing program performance and compliance issues.
? Regular desk review of subgrantee progress and financial reports.
? Annual consultations with the grantees. The Sexual Violence Program Coordinator conducts annual consultations via the telephone. These phone calls cover compliance issues, service delivery, and criminal justice system coordination. Typical calls last an hour, and subgrantees report that they really appreciate this practice.
? Child abuse grantee work plan outcomes are evaluated quarterly to assure services are being implemented accordingly and that successful outcomes are evident.
|
|
|
|
E.
INCLUDE AND/OR ATTACH ANECDOTAL INFORMATION AND INDIVIDUAL CASE HISTORIES ILLUSTRATING AT LEAST FOUR WAYS IN WHICH VOCA FUNDS HAVE BEEN USED TO ASSIST CRIME VICTIMS. (LETTERS FROM CRIME VICTIMS ARE HELPFUL.)
|
See attachment
|
|
|
|
F.
IDENTIFY ANY EMERGING ISSUES OR NOTABLE TRENDS IMPACTING CRIME VICTIM SERVICES IN YOUR STATE.
|
Non-English speaking victims face many barriers in reporting crime and receiving services. Some of these clients are also undocumented immigrants, so their cases are complex and time-intensive. Programs are responding by recruiting bi-lingual and bi-cultural staff and volunteers, and networking with a variety of community resources.
Rape crisis centers report an increase in the percentage of referrals from medical and law enforcement sources due to the expansion of Sexual Assault Response Teams (SARTs). Changes in law and policy related to forensic exams in cases involving sexual assault may also increase referrals.
Several domestic violence programs across the Commonwealth have expressed concerns regarding the staff?s ability to provide adequate services to victims who have mental health issues. The staff of the local programs have noticed an increase in referrals from mental health professionals for clients with professionally diagnosed mental health issues beyond depression and post-traumatic stress disorder.
Domestic violence programs also report an increase in the length of stay per family. Adequate affordable housing is scarce. Victims are not qualifying for credit and their applications for apartments are often denied. The victims are also finding it difficult to find jobs while residing in the shelters. The unemployment rate continues to increase in many of the communities across our state. Because the clients have no other housing options, they are requesting stay extensions.
Another trend that domestic violence programs in the northern part of the state report is the use of private civil contracts in domestic violence cases. Private attorneys in that region have advised protective order petitioners to withdraw protective order petitions in favor of mutual contracts between the petitioners and the abusive partners in order to avoid a lengthy court hearing or an unfavorable ruling. Although it may appear that a mutually agreed upon contract restricting the abusive partner from contacting the victim (e.g. no trespassing, no contact) can alleviate the trauma of a court hearing, it significantly reduces the safety of the victim and fails to hold the abusive partner accountable for his/her actions. Additionally, there is no court jurisdiction over privately created contracts, which makes the client more vulnerable to further abuse. In the event of a civil contract being established, the local domestic violence programs provide additional safety planning and often encourage the client to return to the legal system to file a protective order.
Other reported trends include increases in:
? Internet related crimes, including child pornography
? The number of child sexual abuse cases reported
? Violent gang-related crimes involving juvenile offenders, especially in the metropolitan areas across the state.
? Cases involving drug and alcohol abuse
? Battering of pregnant women by their spouses/partners
? Non-English speaking victims seeking assistance
? Violent home invasions
|
|
|
|
G.
SPECIFICALLY DISCUSS HOW YOUR STATE HAS USED VOCA ADMINISTRATIVE FUNDS, AND THE IMPACT OF THESE FUNDS ON THE STATE'S ABILITY TO IMPROVE VICTIMS SERVICES.
|
In Virginia, VOCA funds are administered by two agencies: The Virginia Department of Criminal Justice Services (DCJS) and the Virginia Department of Social Services (DSS).
DCJS, through its Victims Services Section, provides funding to support local Victim/Witness Programs and Sexual Assault Crisis Centers. DSS provides funds to programs serving domestic violence victims and child abuse/neglect victims.
(DCJS)
Funds continue to be used to support a part-time programmer analyst to update and provide technical support for an automated reporting system used by Victim/Witness Programs. This system provides victim/witness advocates with better technology to collect and submit their statistical information.
In addition, administrative funds are used to support portions of salaries of staff overseeing the VOCA grant programs, as well as travel expenses for monitoring visits and training events.
Responsibilities of these staff members include:
? Program management
? Grant administration
? Program monitoring and evaluation
? Training
? Technical assistance
? Policy analysis
? Resource material development.
(DSS)
VOCA administrative funds supported salary and benefits for the Domestic Violence Program Consultants and the Child Abuse VOCA grant administrator. These funds also supported travel to conduct monitoring site visits, office supplies, and costs associated with the provision of technical assistance and sub-grantee training. Funded DSS staff are responsible for monitoring the expenditure of the VOCA funds by sub-grantees while assuring compliance with grant requirements and assessing program performance.
|
|
|
|