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The Oregon Administrative Rules contain OARs filed through February 15, 2017
 
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DEPARTMENT OF JUSTICE

 

DIVISION 85

ADVOCATE CERTIFICATION

137-085-0060

Purpose

These rules set out the guidelines for minimum training required of persons providing services to victims of domestic violence, sexual assault and stalking in order to be certified advocates for purposes of the evidentiary privilege and confidentiality requirements of HB 3476.

Stat. Auth.: 2015 HB 3476
Stats. Implemented: 2015 HB 3476
Hist.: DOJ 11-2015(Temp), f. & cert. ef. 10-2-15 thru 3-29-16; DOJ 4-2016, f. & cert. ef. 2-3-16

137-085-0070

Definitions

(1) “Certified advocate” means a person who:

(a) Has completed at least 40 hours of training in advocacy for victims of domestic violence, sexual assault, or stalking that meets the minimum training requirements set out in OAR 137-085-0080; and

(b) Is an employee or a volunteer of a qualified victim services program.

(2) “Qualified victim services program” means:

(a) A nongovernmental, nonprofit, community-based program receiving moneys administered by the state Department of Human Services or the Oregon or United States Department of Justice that offers safety planning, counseling, support or advocacy services to victims of domestic violence, sexual assault or stalking; or

(b) A sexual assault center, victim advocacy office, women’s center, student affairs center, health center or other program providing safety planning, counseling, support or advocacy services to victims that is on the campus of or affiliated with a two- or four-year post-secondary institution that enrolls one or more students who receive an Oregon Opportunity Grant.

Stat. Auth.: 2015 HB 3476
Stats. Implemented: 2015 HB 3476
Hist.: DOJ 11-2015(Temp), f. & cert. ef. 10-2-15 thru 3-29-16; DOJ 4-2016, f. & cert. ef. 2-3-16

137-085-0080

Training Requirements

(1) For purposes of HB 3476, training that is no less than a total of 40 hours and that is substantially similar to subsections (2)–(4) of this rule is approved by the Attorney General.

(2) Training shall be comprised of a minimum of 40 hours.

(3) At least 26 hours of the training shall cover each of the following topics:

(a) Dynamics of domestic violence;

(b) Dynamics of sexual assault;

(c) Dynamics of stalking;

(d) Anti-oppression, anti-racism, cultural competency theory and practice;

(e) Effects of trauma on survivors and family members;

(f) Adults molested as children;

(g) Effects of exposure to violence on children;

(h) Dynamics of domestic violence abusers;

(i) Dynamics of sexual offenders;

(j) Vicarious traumatization and self-care;

(k) Advocacy and crisis response;

(l) Confidentiality and privilege;

(m) Advocacy skills;

(n) Working with system-based partners and other service providers.

(4) Training shall include no less than an additional 12 hours regarding SANE exams, court accompaniment, medical exam accompaniment, working with law enforcement, support group facilitation, shelter intake, working with children, campus response, or other topics as approved by the Crime Victims’ Services Division of the Department of Justice.

(5) At least 2 hours of the training shall focus on confidentiality and privilege, the Violence Against Women Act and other funding requirements relating to confidentiality, the provisions set forth in HB 3476, and related matters.

(6) A person employed at or volunteering with a qualified victim services program who completed 40 hours of training before October 1, 2015, that is substantially similar to training requirements described in contracts between such programs and the Department of Justice or Department of Human Services, is a “certified advocate,” at such time as the person completed an additional 2 hours of training on confidentiality, advocate privilege, and HB 3476 as described in subsection (5) of this rule.

Stat. Auth.: 2015 HB 3476
Stats. Implemented: 2015 HB 3476
Hist.: DOJ 11-2015(Temp), f. & cert. ef. 10-2-15 thru 3-29-16; DOJ 4-2016, f. & cert. ef. 2-3-16

137-085-0090

Training Records

Each qualifying victim services program shall maintain a roster of advocates who have completed the minimum training described required by OAR 137-085-0080 and who are thus “certified advocates.”

Stat. Auth.: 2015 HB 3476
Stats. Implemented: 2015 HB 3476
Hist.: DOJ 11-2015(Temp), f. & cert. ef. 10-2-15 thru 3-29-16; DOJ 4-2016, f. & cert. ef. 2-3-16

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