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TITLE 201 SEXUAL ASSAULT VICTIM ADVOCATE STANDARDS AND CERTIFICATION BOARD

Proposed Rule
LSA Document #10-193

DIGEST

Adds 201 IAC to establish the standards and requirements for voluntary certification of sexual assault victim advocates, to define applicant eligibility and specify the requirements for the application, qualifications, continuing education, certification renewals, certification reinstatement, fees, and code of professional conduct and ethics, and to provide procedures for the Sexual Assault Victim Advocate Standards and Certification Board to review and award the voluntary designation of Indiana Certified Sexual Assault Victim Advocate. Effective January 1, 2011.



201 IAC

SECTION 1. 201 IAC IS ADDED TO READ AS FOLLOWS:

TITLE 201 SEXUAL ASSAULT VICTIM ADVOCATE STANDARDS AND CERTIFICATION BOARD


ARTICLE 1. INDIANA CERTIFIED SEXUAL ASSAULT VICTIM ADVOCATE; CERTIFICATION


Rule 1. Purpose


201 IAC 1-1-1 Purpose

Authority: IC 5-2-6-23
Affected: IC 5-2-6-23


Sec. 1. The board establishes the voluntary designation of ICSAVA to:
(1) acknowledge the professional commitment to education, experience, and ethical conduct of individuals in the field of victim assistance; and
(2) recognize those professionals who specialize in sexual assault victim services and advocacy.
(Sexual Assault Victim Advocate Standards and Certification Board; 201 IAC 1-1-1)


Rule 2. Definitions


201 IAC 1-2-1 Applicability

Authority: IC 5-2-6-23
Affected: IC 5-2-6-23


Sec. 1. The definitions in this article apply throughout this article.
(Sexual Assault Victim Advocate Standards and Certification Board; 201 IAC 1-2-1)


201 IAC 1-2-2 "Approved advanced certification level training course" defined

Authority: IC 5-2-6-23
Affected: IC 5-2-6-23


Sec. 2. "Approved advanced certification level training course" means a training course that has been approved by the board as having met the advanced training requirements for an ICSAVA.
(Sexual Assault Victim Advocate Standards and Certification Board; 201 IAC 1-2-2)


201 IAC 1-2-3 "Board" defined

Authority: IC 5-2-6-23
Affected: IC 5-2-6-23


Sec. 3. "Board" means the sexual assault victim advocate standards and certification board established by IC 5-2-6-23.
(Sexual Assault Victim Advocate Standards and Certification Board; 201 IAC 1-2-3)


201 IAC 1-2-4 "Candidate" defined

Authority: IC 5-2-6-23
Affected: IC 5-2-6-23


Sec. 4. "Candidate" means a person who has been approved by the board to complete the approved advanced certification level training course.
(Sexual Assault Victim Advocate Standards and Certification Board; 201 IAC 1-2-4)


201 IAC 1-2-5 "Date of determination" defined

Authority: IC 5-2-6-23
Affected: IC 5-2-6-23


Sec. 5. "Date of determination" means the date that the board approved the applicant to complete the approved advanced certification level training course.
(Sexual Assault Victim Advocate Standards and Certification Board; 201 IAC 1-2-5)


201 IAC 1-2-6 "Indiana certified sexual assault victim advocate" or "ICSAVA" defined

Authority: IC 5-2-6-23
Affected: IC 5-2-6-23


Sec. 6. "Indiana certified sexual assault victim advocate" or "ICSAVA" means a person certified under this title as having:
(1) completed the application and advanced training requirements; and
(2) been approved by the board.
(Sexual Assault Victim Advocate Standards and Certification Board; 201 IAC 1-2-6)


201 IAC 1-2-7 "Indiana criminal justice institute" or "ICJI" defined

Authority: IC 5-2-6-23
Affected: IC 5-2-6


Sec. 7. "Indiana criminal justice institute" or "ICJI" means the state agency established under IC 5-2-6 that administers the board.
(Sexual Assault Victim Advocate Standards and Certification Board; 201 IAC 1-2-7)


Rule 3. Certification; Applications; Qualifications; Continuing Education; Renewals; Reinstatements; Fees


201 IAC 1-3-1 Application

Authority: IC 5-2-6-23
Affected: IC 5-2-6-23


Sec. 1. (a) An applicant for certification as an ICSAVA shall:
(1) make application in writing on a form provided by the board; and
(2) furnish evidence satisfactory to the board that the qualifying requirements have been met as provided under this title.

(b) No application for certification will be considered until the requested supporting documents and application processing fee have been received by the board.

(c) An applicant completing the application process is applying to be:
(1) approved as a candidate for certification; and
(2) admitted into an approved advanced certification level training course.

(d) Eligibility of an applicant to be a candidate for certification and admitted into an approved advanced certification level training course is determined by the board.

(e) An applicant who is determined to be a candidate for certification is eligible:
(1) to register for an approved advanced certification level training course; and
(2) for certification, pending satisfactory completion of the approved course;
for a period of one (1) year from the date of determination.

(f) An application shall be deemed by the board to be abandoned if, after one (1) year from the date of determination, the candidate has not satisfactorily completed the approved advanced certification level training course.

(g) Upon satisfactory completion of the approved advanced level certification training course, the board may award the candidate the designation of ICSAVA.

(h) The certificate shall be valid for a period of two (2) years effective the date of the award unless surrendered by the ICSAVA or revoked by the board for sufficient cause.
(Sexual Assault Victim Advocate Standards and Certification Board; 201 IAC 1-3-1)


201 IAC 1-3-2 Qualifications

Authority: IC 5-2-6-23
Affected: IC 5-2-6-23


Sec. 2. (a) Prerequisite training requirements are as follows:
(1) All applicants are required to provide proof of satisfactory completion of a minimum of forty (40) course hours of basic level sexual assault victim advocate training provided by a nonprofit community-based program or government agency.
(2) The basic level course training must cover core course subjects, including, but not limited to, the following subjects:
(A) The role of the victim advocate in respect to conduct and ethics.
(B) Rape myths and stigmas, Indiana sex crime statutes.
(C) Adult victims' rights.
(D) Child victims' rights and service systems.
(E) Working with law enforcement.
(F) Medical care and service for victims.
(G) Immediate and long-term reactions to trauma.
(H) Impact on families and secondary victims.
(I) Cultural diversity and working with underserved populations.
(J) Working with other community service providers.
(K) Self care and stress management for victim advocates.
(3) All applicants are required to provide signed documentation from the course training provider or their immediate supervisor that they have completed the required forty (40) hours of prerequisite course work.
(4) Applicants who are unable to provide signed documentation for course training may complete a signed self-documentation form for review and approval by the board.

(b) All applicants are required to provide the following:
(1) Proof of status as an employee or volunteer of a nonprofit community-based agency or program or government agency providing direct sexual abuse crisis services at the time of application.
(2) Signed documentation from his or her employer immediate supervisor or volunteer immediate supervisor that the applicant is in good standing and has the recommendation of the supervisor to apply for the ICSAVA designation.
(3) Proof of having completed a minimum of two (2) years of postsecondary education in a related field. An applicant who has been awarded a high school diploma or general education degree certificate may substitute one (1) year of full-time employment experience in direct sexual assault victim advocate services for each year of the postsecondary education requirements.
(4) Proof of satisfactorily completing one (1) of the following paid or nonpaid employment or volunteer requirements:
(A) A minimum of three (3) years as a full-time (a minimum of thirty (30) hours per week) paid or nonpaid employee or volunteer sexual assault victim advocate with a minimum of two (2) of the three (3) years of experience required to be in providing direct crisis intervention or direct support social services to victims of sexual assault and abuse, rape, and other sex crimes in a community-based nonprofit agency program or government agency.
(B) A minimum of six (6) years as a part-time (a minimum of ten (10) hours per week) paid or nonpaid employee or volunteer sexual assault victim advocate with a minimum of four (4) of the six (6) years of experience required to be in providing direct crisis intervention or direct support social services to victims of sexual assault and abuse, rape, and other sex crimes in a community-based nonprofit agency program or government agency.

(c) All applicants are required to do the following:
(1) Submit a completed and signed personal statement.
(2) Provide two (2) current letters of recommendation and character reference. The letters of recommendation and character reference:
(A) are required to have been submitted and signed by nonrelatives; and
(B) must have been written within the twelve (12) months prior to the date of application.
(3) Read and sign the Indiana sexual assault victim advocate code of professional conduct and ethics as provided by the board.
(4) Submit an application processing fee as determined by the board.

(d) The board will not do the following:
(1) Waive the application requirements.
(2) Grant "grandfather" status to current practicing applicants.
(3) Accept reciprocal sexual assault victim advocate certifications from other states.
(Sexual Assault Victim Advocate Standards and Certification Board; 201 IAC 1-3-2)


201 IAC 1-3-3 Continuing education

Authority: IC 5-2-6-23
Affected: IC 5-2-6-23


Sec. 3. (a) All ICSAVAs are required to complete twelve (12) hours of approved continuing education training courses each calendar year.

(b) The board shall determine the training courses that satisfy the approved continuing education requirements.

(c) All applicants for certification renewal are required to provide signed documentation from the training course provider or their immediate supervisor that they have completed the required twelve (12) hours of annual continuing education training.
(Sexual Assault Victim Advocate Standards and Certification Board; 201 IAC 1-3-3)


201 IAC 1-3-4 Certification renewals

Authority: IC 5-2-6-23
Affected: IC 5-2-6-23


Sec. 4. (a) An ICSAVA certification awarded under this article expires on:
(1) a date established by the board; and
(2) that date every two (2) years thereafter.

(b) The board will issue a renewal statement ninety (90) days prior to the expiration date.

(c) Notice for renewal will be mailed to the last known address for the ICSAVA. Failure of the ICSAVA to receive notice of renewal or certification expiration because of failure to notify the board of a change of address or change of name shall not:
(1) constitute an error on the part of the board or the ICJI; or
(2) excuse the ICSAVA from timely renewal of the certification.

(d) To maintain an active certification status, persons awarded the ICSAVA are required to provide the following to the board:
(1) A completed and signed renewal application form.
(2) Proof of continued status as a paid or nonpaid, full-time or part-time employee or volunteer providing direct crisis intervention or direct support social services to victims of sexual assault and abuse, rape, and other sex crimes in a community-based nonprofit program or government agency.
(3) A signed letter of recommendation from his or her current immediate supervisor.
(4) Signed documentation of satisfactory completion of twelve (12) course hours of approved continuing education training per year.
(5) A certification renewal processing fee.

(e) The board may, upon request, provide persons who desire to renew certification with an additional ninety (90) day grace period following the expiration date to allow for the required information to be provided.

(f) An ICSAVA who is no longer a paid or nonpaid, full-time or part-time employee or volunteer providing direct crisis intervention or direct support social services to victims of sexual assault and abuse, rape, and other sex crimes in a community-based nonprofit program or government agency is not eligible for renewal. An ICSAVA who does not qualify for renewal may request that the board place the certification in inactive status for a period not to exceed three (3) years.

(g) It is the responsibility of the ICSAVA to notify the board of changes of name or address.

(h) The board may deny a renewal application for sufficient cause.
(Sexual Assault Victim Advocate Standards and Certification Board; 201 IAC 1-3-4)


201 IAC 1-3-5 Reinstatements

Authority: IC 5-2-6-23
Affected: IC 5-2-6-23


Sec. 5. (a) An ICSAVA with a certification that has expired or been placed in inactive status in the past three (3) years or less may request that the board consider reinstatement by completing the renewal requirements listed in section 4 of this rule.

(b) An ICSAVA with a certification that has expired or been placed in inactive status for more than three (3) years prior shall be required to apply as a new applicant as listed under sections 1 and 2 of this rule.
(Sexual Assault Victim Advocate Standards and Certification Board; 201 IAC 1-3-5)


201 IAC 1-3-6 Fees

Authority: IC 5-2-6-23
Affected: IC 5-2-6-23


Sec. 6. (a) The board shall determine the fees for Indiana sexual assault victim advocate certification applications and renewals as allowed under IC 5-2-6-23.

(b) The fee for processing a certification or renewal application is nonrefundable.
(Sexual Assault Victim Advocate Standards and Certification Board; 201 IAC 1-3-6)


Rule 4. Board Administration


201 IAC 1-4-1 Administration of certification

Authority: IC 5-2-6-23
Affected: IC 5-2-6-23


Sec. 1. (a) The ICJI shall administer the board and provide for staffing support of a board manager as authorized under IC 5-2-6-23.

(b) The board shall administer the Indiana sexual assault victim advocate standards and certification.

(c) The board shall meet at least quarterly to:
(1) review certification applications;
(2) make decisions as recommended for approvals, denials, special circumstances and renewals; and
(3) carry out other business as required under IC 5-2-6-23.

(d) An applicant who is not granted board approval for certification or renewal has the right to address the board in person to explain pertinent or extenuating, or both, circumstances regarding their application for certification or renewal.

(e) The board reserves the authority to conduct criminal history background investigations and other relevant investigations regarding applicants for certification or renewal if it determines that the circumstances warrant the need for such information.
(Sexual Assault Victim Advocate Standards and Certification Board; 201 IAC 1-4-1)


Rule 5. Approved Advanced Certification Level Training


201 IAC 1-5-1 Approved advanced certification level training

Authority: IC 5-2-6-23
Affected: IC 5-2-6-23


Sec. 1. (a) The board shall approve the following:
(1) All advanced level certification training course providers.
(2) A standardized training course curriculum and pretests and post-tests for the advanced certification level training.

(b) The board may coordinate with an educational institution to:
(1) develop and design the advanced level certification training course curriculum; and
(2) conduct training provider reviews.

(c) All approved advanced level certification training course providers shall agree to use a standardized training course curriculum and administer pretests and post-tests as approved by the board.

(d) All approved training providers shall provide a written notification to the board of the date a candidate has satisfactorily completed the:
(1) pretest;
(2) approved advanced level training course curriculum; and
(3) post-test.
(Sexual Assault Victim Advocate Standards and Certification Board; 201 IAC 1-5-1)


Rule 6. Code of Professional Conduct and Ethics


201 IAC 1-6-1 Code of professional conduct and ethics

Authority: IC 5-2-6-23
Affected: IC 5-2-6-23


Sec. 1. An ICSAVA, in the conduct of his or her profession, shall abide by the following code of professional conduct and ethics:
(1) The ICSAVA shall:
(A) act with integrity;
(B) treat all victims and survivors of crime (their clients) with dignity and compassion; and
(C) uphold the principles of justice for accused and accuser alike.
(2) In relationships with every client, the ICSAVA shall do the following:
(A) Recognize the interests of the client as a primary responsibility.
(B) Respect and protect the client's civil and legal rights.
(C) Respect the client's rights to privacy and confidentiality, subject only to laws or regulations requiring disclosure of information to appropriate other sources.
(D) Respond compassionately to each client with personalized services.
(E) Accept the client's statement of events as it is told, withholding opinion or judgment, whether or not a suspected offender has been:
(i) identified;
(ii) arrested;
(iii) convicted; or
(iv) acquitted.
(F) Provide services to every client without attributing blame, no matter what the client's conduct was at the time of the victimization or at another stage of the client's life.
(G) Foster maximum self-determination on the part of the client.
(H) Serve as a victim advocate when requested and, in that capacity, act on behalf of the client's stated needs without regard to personal convictions and within the rules of the advocate's host agency.
(I) Should one (1) client's needs conflict with another's, act with regard to one (1) client only after promptly referring the other to another qualified victim assistance provider.
(J) Observe the ethical imperative to have no sexual relations with clients, current or past, in recognition that to do so risks exploitation of the knowledge and trust derived from the professional relationship.
(K) Make client referrals to other resources or services only in the client's best interest, avoiding any conflict of interest in the process.
(L) Provide opportunities for colleague victim assistance providers to seek appropriate services when traumatized by a criminal event or a client.
(3) In relationships with colleagues, other professionals, and the public, the ICSAVA shall do the following:
(A) Conduct relationships with colleagues in such a way as to promote:
(i) mutual respect;
(ii) public respect; and
(iii) improvement of service.
(B) Make statements that are critical of colleagues only if they are verifiable and constructive in purpose.
(C) Conduct relationships with allied professionals such that they are given equal respect and dignity as professionals in the victim assistance field.
(D) Take steps to quell negative, insubstantial rumors about colleagues and allied professionals.
(E) Share knowledge and encourage proficiency and excellence in victim assistance among colleagues and allied professionals whether paid or volunteer.
(F) Provide professional support, guidance, and assistance to victim assistance providers who are new to the field in order to promote consistent quality and professionalism in victim assistance.
(G) Seek to ensure that volunteers in victim assistance have access to the:
(i) training;
(ii) supervision;
(iii) resources; and
(iv) support;
required in their efforts to assist clients.
(H) Act to promote crime and violence prevention as a public service and an adjunct to victim assistance.
(I) Respect the laws of Indiana and the country while working to change those that may be unjust or discriminatory.
(4) In his or her professional conduct, the ICSAVA shall do the following:
(A) Maintain high personal and professional standards in the capacity of a service provider and advocate for clients.
(B) Seek and maintain a proficiency in the delivery of services to clients.
(C) Not discriminate against any victim, employee, colleague, allied professional, or member of the public on the basis of:
(i) age;
(ii) gender;
(iii) disability;
(iv) ethnicity;
(v) race;
(vi) national origin;
(vii) religious belief; or
(viii) sexual orientation.
(D) Not reveal the name or other identifying information about a client to the public without clear permission or legal requirements to do so.
(E) Clearly distinguish in public statements representing one's personal views from positions adopted by organizations for which he or she works or is a member.
(F) Not use his or her official position to secure:
(i) gifts;
(ii) monetary rewards; or
(iii) special privileges or advantages.
(G) Report to competent authorities the conduct of any colleague or allied professional that:
(i) constitutes mistreatment of a client; or
(ii) brings the profession into disrepute.
(H) Report to competent authorities any conflict of interest that prevents oneself or a colleague from being able to:
(i) provide competent services to a client;
(ii) work cooperatively with colleagues or allied professionals; or
(iii) be impartial in the treatment of any client.
(5) In his or her responsibility to any other profession, the ICSAVA will be bound by the ethical standards of the allied profession of which he or she is a member.
(Sexual Assault Victim Advocate Standards and Certification Board; 201 IAC 1-6-1)


SECTION 2. SECTION 1 of this document takes effect January 1, 2011.


Posted: 10/06/2010 by Legislative Services Agency

DIN: 20101006-IR-201100193PRA
Composed: May 04,2024 3:56:20AM EDT
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