6400. Adverse or Negative Action on a Domestic Violence Perpetrator Treatment

Approval:  Jennifer Strus, Assistant Secretary

Original Date:  August 1, 2016

Review Date:  August 1, 2020

Purpose

Establish a timeline by which an administrative hearing can be requested after Children’s Administration (CA) issues an adverse or negative action to a domestic violence perpetrator treatment (DVPT) program.

Scope

This policy applies to CA staff who manage certification of DVPT programs.

Laws

RCW 26.50.150

Policy

  1. CA has jurisdiction over all Washington state DVPT programs that request certification/recertification. WAC 388-60-0035.
  2. CA has jurisdiction over complaints alleging a certified DVPT program has acted in a way that places victims at risk; or (b) failed to follow the standards in WAC 388-60. WAC 388-0625; 388-60-0645.
  3. If a DVPT program does not meet the standards for certification or recertification, CA must provide the program with notice of the right to an administrative hearing if certification is denied.  WAC 388-60-0485.
  4. If CA revokes or suspends a DVPT program’s certification, issues a written warning, or imposes corrective action, CA must provide the program with notice of the right to an administrative hearing.WAC 388-60-0725.
  5. If CA takes adverse or negative action on a DVPT program, CA must notify the program that it has 30 calendar days from the date the notice is received or personally served on the program to request a hearing from the Office of Administrative Hearings. The notice shall include the filing process and timeframes. WAC 388-02.

Procedures

  1. If CA takes adverse or negative action on a DVPT program, CA will send written notification by certified restricted mail/return receipt requested.
  2. If service by certified mail is unsuccessful, CA will attempt personal service of the notification, and document on a Declaration of Personal Service. The DVPT program has 30 calendar days from the certified mail return receipt or personal service date, to request an administrative hearing. The first day of the 30-day count begins the day after the service date and ends on the 30th day thereafter.