FREQUENTLY ASKED QUESTIONS: FCADV FISCAL/ADMINISTRATIVE MONITORING

Transcription

1 FREQUENTLY ASKED QUESTIONS: FCADV FISCAL/ADMINISTRATIVE MONITORING Disclaimer: This document is intended to be informative; however, the FCADV contract, Standards, F.A.C. Chapter 65 H-1, and other relevant rules and regulations should also be referenced to address inquiries. 1. QUESTION: Where are the FCADV monitoring schedule and monitoring tools located? The FCADV monitoring schedule and monitoring tools are located at the following link: The schedule and tools are also available from the FCADV upon request. 2. QUESTION: Where are the FCADV Fiscal/ Administrative Standards located? The FCADV s Fiscal/Administrative Standards is located at the following link: 3. QUESTION: What is the difference between an Emergency Management Plan and a Disaster Preparedness Plan? The Emergency Management Plan is required by the Florida Administrative Code, Chapter 65H-1.013(6) ( The Rule ). The Emergency Management Plan must be coordinated with the Center s local emergency management agency and must outline a comprehensive plan to ensure the safety and well-being of Page 1

2 employees, volunteers, and Center participants in the event of an emergency. The Rule requires that the Emergency Management Plan address emergencies that a Center can reasonably expect. The Rule also outlines the minimum requirements to be included in the Emergency Management Plan. The Emergency Management Plan must be reviewed and updated by the Center annually, if necessary. The Disaster Preparedness Plan (or Policies and Procedures) is required by the FCADV Standards to ensure the safety of staff and program participants in the event of an emergency. The Standards state which emergencies must be covered in the Disaster Preparedness Plan and recommends other procedures that should be included. The Emergency Management Plan and Disaster Preparedness Plan can be combined into one comprehensive plan as long as requirements from both The Rule and Standards are met. 4. QUESTION: Will Memorandums of Understanding (MOU s) or written cooperative agreements with local law enforcement agencies suffice for the Endorsement policy that is required in Chapter 65H-1.013(5) ( The Rule )? An MOU or written cooperative agreement supports compliance with the Rule s Endorsement policy requirement; however, the Center must have an Endorsement Policy also. Specifically, Chapter 65H states, At a minimum, the operating policies and procedures [of the Center] shall include the following : (5) Endorsement. The Center must obtain annual written endorsements from law enforcement agencies within the Center s service area, preferably through the establishment of written cooperative agreements. 5. QUESTION: What documents must be submitted with the VOCA Checklist? There are two types of documents that are required to be submitted with the VOCA Compliance Monitoring Checklist during a Center s annual monitoring. The first type of document includes Face Sheets, Intake Forms or other forms/screen shots (ALICE) which show the process of how participants are Page 2

3 documented (Section I. 11 of the VOCA Checklist). The second type of document is a copy of a report or summary generated from the Center s accounting system differentiating VOCA-related expenses from other programs or grant expenses (Section VI. 13 of the VOCA Checklist). 6. QUESTION: How long must a Center keep participant, employee and fiscal records pertaining to the FCADV contract? Chapter 65H-1.013(11) (The Rule) requires that all records and files, including storage media, pertinent to the FCADV contract, shall be maintained by the Center for a period of 6 years after completion of the contract or longer when required by law. In the event an audit is conducted, records shall be retained for a minimum period of 6 years after the audit report is issued or until resolution of any audit findings or litigation based on the terms of this contract. The Center must also maintain records in compliance with the Internal Revenue Service, all other funding sources, and state and federal rules and regulations. 7. QUESTION: If adding, changing or closing a satellite service center, who needs to be notified and when? Chapter 65H-1.012(3)(d) requires the Center to notify the FCADV contract manager if there is a change in location of service, closing a service center, or opening additional service centers during an existing certification period in writing, at least 30 days prior to the change or addition, and request approval from DCF for an amendment of the certification. 8. QUESTION: When does the I-9 form need to be completed? The U.S. Citizenship and Immigration Services require Section 1 of the I-9 form to be completed by the employee no later than the first day of employment. Upon completion of Section 1, the employer shall complete Section 2 of the form within 3 business days of the employee s first day of employment. A copy of the I-9 form, including instructions, is located at Page 3

4 9. QUESTION: How can an improperly executed I-9 form be corrected? Procedures for correcting errors are located on the U.S. Citizenship and Immigration Services website at: f6d1a/?vgnextoid=f82e1a48b9a2e210VgnVCM ca60aRCRD&vgn extchannel=f82e1a48b9a2e210vgnvcm ca60arcrd 10. QUESTION: When does E-Verification (E-Verify) have to be completed? The U.S. Citizenship and Immigration Services requires that an E-Verify case must be created no later than 3 business days after the employee started work for pay. Information can be found at: 543f6d1a/?vgnextoid=c00b59cca VgnVCM ca60aRCRD&vgne xtchannel=d4abfb41c vgnvcm100000b92ca60arcrd 11. QUESTION: Do Centers have to conduct E-Verification on all employees? It is necessary to conduct E-verification on all employees hired on or after July 1, Information and timelines related to conducting E-verification processes are included in the Center s DVS contract, Section 12 (c). 12. QUESTION: If staff grievances cannot be resolved by the employee s supervisor or the Executive Director, can a member of the Center s Board of Directors address the grievance? FCADV Standards state that it is the responsibility of the Board to provide fiscal oversight and strategic leadership rather than administrative details. To ensure the integrity of the Board s governance role, it is appropriate for staff grievances to go to the Board only in the very limited circumstance of complaints involving the Executive Director/Chief Executive Officer which relate to civil rights violations or whistleblower allegations, or allegations of retaliation related to those complaints. 13. QUESTION: Are PRN (on-call staff) required to have an annual evaluation? Page 4

5 FCADV Standards state that Certified Domestic Violence Centers shall provide annual performance evaluations for employees. Because of the impact employees have on participants and Center operations, it is important for Centers to evaluate all of their employees, including PRN employees, to ensure that the employees are satisfactorily performing their job duties. 14. QUESTION: Are Centers required to maintain copies of valid driver s licenses in their employee s personnel files? The FCADV contract states a valid driver s license is required for staff that transports participants. 15. QUESTION: What is the difference between the ADA Attestation and the Effective Communication, now known as Serving Our Customers who are Deaf or Hard-of-Hearing, Attestation? The ADA Attestation is an acknowledgement of understanding signed by an employee to attest to familiarity with the American with Disabilities Act which prohibits discrimination and ensures equal opportunity for persons living with disabilities. This written and signed attestation is required for Centers with 15 or more employees. The Effective Communication, now known as Serving Our Customers who are Deaf or Hard-of-Hearing, Attestation is a form located on the DCF website ( pdf) entitled Support to the Deaf or Hard-of-Hearing Attestation Form. This form is to be completed by direct-service employees (including direct-service PRN employees). The employees must sign and attach the executed attestation to the Effective Communication Training modules certificates of completion. The signed attestation and the certificates of completion must be attached together and be maintained in the employees personnel files. The Serving Our Customers who are Deaf or Hard-of-Hearing Attestation may be used for the ADA Attestation. However, two copies of the attestation Page 5

6 must be signed, one for the ADA acknowledgement and one to be attached to the certificates of completion for the Effective Communication Training. Both the ADA Attestation and the Support to the Deaf or Hard-of-Hearing Attestation forms must be signed annually. 16. QUESTION: If a Center originally has 13 employees and two additional staff are hired, do only the new staff have to complete the ADA Attestation? Once the Center reaches 15 employees, all employees will need to sign the ADA Attestation and the Center will need to designate a Single Point of Contact (SPOC). 17. QUESTION: Do Centers have to complete a Civil Rights Compliance Checklist and post notices? Yes. Per the Department of Children and Families (DCF), all Centers must complete a Civil Rights Compliance checklist. In addition, to ensure that service providers are providing equally accessible services to participants, DCF requires the following posters to be posted at all direct service sites in the areas where persons enter or are admitted to the Center: Interpreter services for the hearing-impaired poster (with the ADA/504 Coordinator and Single Point of Contact names and telephone numbers affixed to the poster, along with the up-to-date TDD number) DCF Non-discrimination poster Limited English Proficiency poster These posters can be found at QUESTION: What should a Center do if staff members become related after both parties are hired? FCADV Standards state Centers shall have a policy that prohibits nepotism (hiring of relatives) between board and staff, between staff that directly answer to family members or are in the line of authority of a family member and any nepotism with the potential to create fiscal, internal control issues. Page 6

7 If staff becomes related after both are employed by the Center, it is the responsibility of the Center to ensure procedures are in place to avoid conflict, protect assets, and ensure that the Center is not put in fiscal jeopardy. 19. QUESTION: Which staff are required to have a Level 2 background screening? FCADV Standards state Centers must have a policy on when or if to conduct background screening. The policy shall be in compliance with federal, state and local laws, and contract obligations. The policy shall not prohibit the hiring of individuals with arrest or conviction records and shall take into consideration that battered women may commit crimes to survive. For Level 2 background screenings, Chapter (2)(b) F.S. states that the Department shall require employment screening and re-screening no less frequently than once every 5 years pursuant to Chapter 435 F.S. using the level 2 standards set forth in that chapter for program personnel working with children or youth, if the Center has a licensed day care center or a school on-site. 20. QUESTION: Which Center employees are required to attend the Annual Emergency Management Training? Chapter 65 H-1.013(12)(c) of the Florida Administrative Code and the FCADV Standards state that all staff members shall receive, at a minimum, annual training on implementing the Center s emergency management plan. FCADV interprets this requirement to include all direct-service and non-direct service staff. 21. QUESTION: May the Emergency Management Plan Training be included in the 16 hours of requisite in-service training? No, according to Chapter 65H-1.013(12)(c) the Annual Emergency Management Plan training must be completed in addition to the required 16 hours of inservice training for direct-service staff. 22. QUESTION: How often is HIV/AIDS Universal Precautions Training Required? Page 7

8 Universal Precautions Training is not required annually; however, it must be documented in each employee s personnel file that the employee attended this training at least once. Many Centers conduct updated Universal Precautions Trainings every year and, as best practice, document the subsequent trainings in the employees personnel files. 23. QUESTION: Which Center employees are required to take HIV/AIDS Universal Precautions training? The FCADV contract requires that all staff have HIV/AIDS Universal Precautions training at least once. It is recommended that all direct-service staff have training annually. 24. QUESTION: Are PRNs (on-call staff) required to have the 16 hours in-service training as required in Chapter 65H-1.013(12)(b) and FCADV Standards? FCADV Standards state that all personnel, paid or unpaid, who work with survivors and their dependents must have documented in their personnel file sixteen hours (16) of training annually. PRNs who are direct-service providers are required to have 16 hours in-service training and receive annual training on implementing the Center s emergency management plan. 25. QUESTION: Which Center employees are required to take the Effective Communication Training? All direct-service providers are required to complete the on-line Effective Communication Training, now known as Serving Our Customers who are Deaf or Hard-of-Hearing, (3 modules), print the certificates of completion and attach them to the signed Attestation of Understanding. The attached certificates of completion and the Attestation of Understanding are to be maintained in each employee s personnel file. The training must be completed on an annual basis (based on the state fiscal year). Page 8

9 Additionally, the SPOC (Single Point of Contact) must also print the certificate of completion for module 4 and attach all four certificates of completion to the signed Attestation of Understanding. 26. QUESTION: What is the deadline for the Effective Communication Training to be taken? Newly-hired direct-service staff shall complete the on-line Effective Communication Training, now known as Serving Our Customers who are Deaf or Hard-of-Hearing, within 60 days of hire and annually within each state fiscal year thereafter. All other direct-service staff shall complete the training within 60 days of the effective date of the Center s contract with FCADV and annually within each state fiscal year thereafter. 27. QUESTION: Which Center employees are required to take Data Security training? The contract states the Center shall provide data security training to its new and existing staff, direct-service volunteers and subcontractors who have access to any of the Center s data. All Center employees who have access to DCF information must complete the online DCF Security Awareness training, print the certificate and sign the Department s security agreement form CF The Center may choose to use the DCF s Security Awareness training to meet the Data Security training requirement for staff if the information is sufficient and relevant to the Center. Newly-hired staff shall complete Data Security training within 90 days of hire and annually within each state fiscal year thereafter. All other staff shall complete the training annually within each state fiscal year thereafter. 28. QUESTION: If a Center does not take the on-line DCF Security Awareness Training, who should provide the Data Security Training? A Center s Data Security Officer should be able to provide the training. Examples of topics that can be included in the training are: Usage and safeguarding of computer passwords Page 9

10 Logging out of the computer when not in use Access to an employee s computer by other staff or residents when logged in Shredding and safeguarding sensitive/confidential information Active links in from an unknown sender Downloading software Internet access Storage and security of the Center s sensitive/confidential electronic and paper documents Limiting access to sensitive/confidential information 29. QUESTION: How should training be documented in employees files? Chapter 65H-1.013(12) states the training of each employee and volunteer shall be documented in the staff member s personnel file or training record and shall include activities or course titles, number of hours, names of instructors and title or position, and dates of completion. 30. QUESTION: What time period is requisite annual training based on? Annual training is to be completed within the state s fiscal year of July 1 June QUESTION: What are the training requirements for direct-service volunteers? FCADV Standards states that in accordance with Chapter 65H (b)(c), all personnel, paid or unpaid, who work with victims and their dependents must have documented in their personnel file 16 hours of training annually in domestic violence, child abuse, elder abuse, and other issues that are pertinent to providing quality services to domestic violence survivors and their dependents and Emergency Management Plan training (additionally referenced in Chapter 65H-1.013(9)(a)(4).) Direct-service volunteers may take the on-line Effective Communication, now known as Serving Our Customers who are Deaf or Hard-of-Hearing, Training (3 modules) as part of their 16 hours of in-service training. The direct- Page 10

11 service volunteers will need to print the certificates of completion and attach the signed Effective Communication, now known as Serving Our Customers who are Deaf or Hard-of-Hearing, Attestation form. Also, direct-service volunteers who have access to the Center s data shall have data security training. 32. QUESTION: Why are Centers required to maintain confidentiality of the shelter address and participant-identifying information on fiscal documentation? Chapter 65H-1.016(1) (The Rule) states that the Center shall safeguard information identifying domestic violence emergency shelters and center participants as provided in Section , F.S. This statute, (2), states that information about domestic violence Center clients may not be disclosed without the written consent of the client to whom the information pertains. Fiscal records are not exempt from a public records request. Therefore, Centers must have procedures in place that will prevent confidential information, including participant-identifying information and the location of the shelter, from being released with fiscal/administrative documentation. Page 11