GOAL #3 Good Decision Making

Goal: To make fair and consistent decisions on all applications as promptly as possible, in accordance with statutory requirements and in furtherance of the program's mission to serve victims.

Objectives

1. To establish processes to promote expeditious and accurate decision making.

2. To notify victims about decisions in an effective and sensitive manner, informing them of their rights to appeal.

3. To afford applicants an opportunity to appeal program decisions, and to handle appeals fairly and expeditiously.

STRATEGIES

Objective 1: To establish processes to promote expeditious and accurate decision making.

Basic Strategies

a. Define various roles of staff, management, and Board (if applicable) in making decisions, and provide training and information to ensure that each person fully understands his or her role.

b. Develop and use a written manual of policies and procedures, defining eligibility and payment criteria.

c. Train Board members or other decision makers on statutory eligibility requirements and benefits.

d. Develop conflict-of-interest policy for decision makers.

e. Develop and use a mechanism for a consistent and sufficient consideration of each application. A checklist of eligibility issues and payment considerations is recommended.

f. Develop a mechanism so that decision makers can confer with others on difficult or complex cases. A regular "case conference" in which decision makers can talk informally about problems in deciding applications is recommended.

g. For Boards:

o Define quorum and rules for proxy voting.

o Develop and follow rules for conducting meetings and hearings.

o Maintain accurate minutes and records of Board meetings that reflect the full discussion of issues relating to applications and policies.

Advanced Strategies

a. Maintain and make use of index of case decisions. The index would provide, for each case involving significant or recurring issues, a synopsis of the facts of the victimization, the issues presented, and the decision of the program. The index should serve to promote future consistency in decision making, just as judicial decisions do in courts.

b. Make use of an expert on staff or in a decision-making capacity (on a Board) to determine complex issues, such as those relating to analysis of medical or mental health reports.

c. Develop a mechanism whereby staff and decision makers discuss and evaluate processes and performance.

Objective 2: To notify victims about decisions in an effective and sensitive manner, informing them of their rights to appeal.

Basic Strategies

a. Develop clear and concise letters and forms to notify victims of decisions and inform them of their appeal rights and the procedures to follow. Communication should be geared to 4th-grade reading level.

b. Include the following information regarding denial and payment:

o If denied, the reason for denial, with reference to the statute if appropriate

o If paid partially, a clear and accurate detailing of expenses paid and expenses that are not paid, with a clear explanation why

o If paid fully, a clear and accurate detailing of expenses paid

c. Develop a mechanism to enable victims to inquire about the decision on their application and seek an informal staff review prior to formal appeal (if such procedure is allowed under state law and rule).

Advanced Strategies

a. Notify victims by phone or in writing prior to a denial (a "pre-denial" notification) to enable them to provide further information prior to a final decision.

b. Provide notice of the decision on an application to the victim service program that helped the

victim apply, so long as this does not violate the confidentiality interests of the victim and the data-protection practices of the program.

c. Encourage victim advocates to attend hearings and/or appeals hearings with their clients.

d. Notify the prosecutor handling the criminal case, and any civil attorney for the victim, about the decision on the application.

e. Notify providers when an application has been denied. If an applicant is eligible, but there will be a significant delay in making payment, notify providers so they will not demand payment from the victim.

Objective 3: To afford applicants an opportunity to appeal program decisions, and to handle appeals fairly and expeditiously.

Basic Strategies

a. Develop written rules to conduct hearings.

b. Establish clear time frames for submitting appeals, and ensure that appellants are informed about them.

Advanced Strategies

a. Provide an orientation for the appellant prior to the appeals hearing.

b. Consider requiring decision makers to use checklists and make written findings of facts, to monitor compliance with statute and rules, and to assist decision makers and staff in making consistent decisions.

c. Conduct hearings at different locations in the state to make it more convenient for appellants to attend.

d. Consider making use of telephone or videoconferencing for appeals.

Back to Program Standards

This document was last updated on June 26, 2008