West Virginia Code of State Rules Agency 191 - Family Protection Services Board
1. Overview of Agency 191
Agency 191 – Family Protection Services Board is a set of administrative rules created under West Virginia law to regulate domestic violence and family protection programs. It implements the West Virginia Domestic Violence Act and establishes the licensing, operation, and oversight standards for programs serving victims of domestic violence, as well as intervention programs for perpetrators.
The Board is authorized by statute to adopt rules that have the force of law, and its decisions govern funding, certification, and program operation throughout the state.
2. Structure of Agency 191
Agency 191 is organized into five main series of rules:
Series 191‑01: Operation of the Family Protection Advisory Board
Establishes the Board’s duties, powers, and governance.
Responsibilities include reviewing program applications, monitoring compliance, allocating state funds, and advising the Governor and state agencies on domestic violence policy.
Defines key terms such as “domestic violence programs,” “Family Protection Fund,” and “batterer intervention programs.”
Series 191‑02: Domestic Violence Program Licensure Standards
Sets minimum requirements for licensing shelters and other domestic violence programs.
Defines roles like certified domestic violence advocates, advocacy services, and direct services.
Specifies standards for safe, effective program operations.
Series 191‑03: Perpetrator Intervention Program Licensure
Establishes rules for programs designed to educate or rehabilitate people who commit domestic violence.
Requires training, program content standards, and reporting obligations.
Series 191‑04: Monitored Parenting and Exchange Program Certification
Provides certification rules for programs that oversee supervised visitation and child exchanges.
Includes safety and confidentiality requirements to protect children and families.
Series 191‑05: Perpetrator Intervention Programs in Correctional Institutions
Regulates intervention programs run within correctional facilities.
Ensures they meet minimum standards similar to community-based programs.
3. Key Provisions
A. Board Duties (Series 191‑01)
Review applications for program licensure and renewal.
Allocate funds from the Family Protection Fund to licensed programs.
Conduct hearings for rule enforcement or disputes.
Maintain statewide oversight of domestic violence services.
Submit annual reports to the Governor and legislative committees.
B. Licensing Standards (Series 191‑02 & 191‑03)
Programs must provide direct services like shelter, counseling, or advocacy.
Staff must meet training requirements to ensure quality service.
Programs must maintain confidentiality for clients; information can only be released with consent or where legally required.
Licenses are mandatory to legally operate and receive state funding.
C. Confidentiality (Series 191‑04)
Programs must have written confidentiality policies.
Client information generally cannot be disclosed without consent.
Emergency disclosure is allowed only to prevent harm or meet mandatory reporting requirements.
4. Case Law Example
Men & Women Against Discrimination v. Family Protection Services Board (2011)
Facts: A nonprofit challenged the Board’s rules, claiming they discriminated against male victims and imposed gender-biased training requirements.
Lower Court: Initially ruled some rules were invalid.
Supreme Court of Appeals of West Virginia:
Dismissed the case for lack of standing: the nonprofit could not show actual harm.
Reaffirmed that Board rules have the force of law when properly promulgated.
Held that the rules were consistent with legislative intent to protect victims and regulate programs.
Significance: Courts generally defer to the Board’s authority, and challenges to rules require showing concrete injury. The case also clarified that rules may include gender-based standards if they serve legitimate program goals.
5. Importance of Agency 191
Ensures all domestic violence programs in West Virginia operate safely and effectively.
Protects victims’ confidentiality and ensures qualified staff deliver services.
Licensure and certification requirements standardize program quality statewide.
Establishes clear funding, oversight, and compliance rules for domestic violence, perpetrator intervention, and parenting programs.
6. Summary Table
| Aspect | Description |
|---|---|
| Purpose | Regulate domestic violence and family protection programs in WV |
| Authority | West Virginia Code §48‑26‑403 |
| Key Series | 191‑01 (Board operations), 191‑02 (DV program licensure), 191‑03 (perpetrator programs), 191‑04 (monitored parenting), 191‑05 (correctional programs) |
| Key Rules | Licensing, training, confidentiality, program oversight |
| Important Case | Men & Women Against Discrimination v. Family Protection Services Board – upheld Board authority, dismissed discrimination claims |
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