HLS 15RS-4499 ORIGINAL 2015 Regular Session HOUSE RESOLUTION NO. 211 BY REPRESENTATIVE BARROW DOMESTIC ABUSE: Authorizes the state domestic violence coalition to establish due process procedures 1 A RESOLUTION 2To authorize and direct the state domestic violence coalition of Louisiana to adopt policies 3 and procedures for ensuring the due process rights of members of the coalition and 4 domestic violence services providers. 5 WHEREAS, the House of Representatives of the Louisiana Legislature has long 6recognized the need to protect the health, safety, and welfare of the citizens of this state; and 7 WHEREAS, the House of Representatives recognizes the need of Louisiana citizens 8to feel safe in their own homes and recognizes that too often Louisiana residents are abused 9by the people with whom they are most closely associated; and 10 WHEREAS, the House of Representatives recognizes the social need to address the 11issue of domestic violence that is directed primarily against women; and 12 WHEREAS, domestic violence assails an individual's right to privacy, dignity, 13security, and humanity, inflicts physical, emotional, and financial injury on its victims, and 14exists in every segment of our population; and 15 WHEREAS, federal law mandates the creation of state domestic violence coalitions 16which serve as statewide leaders in the efforts to end domestic violence by connecting local 17domestic violence service providers and are valuable resources for information about 18services, programs, legislation, and policies that support survivors of domestic violence; and 19 WHEREAS, one of the goals of state domestic violence coalitions is to improve 20domestic violence intervention and prevention in their states by ensuring cross-coordinated, 21best practice solutions are implemented and sustained; and Page 1 of 3 HLS 15RS-4499 ORIGINAL HR NO. 211 1 WHEREAS, the Louisiana Coalition Against Domestic Violence is the state domestic 2violence coalition of Louisiana and is a statewide coalition of shelters, nonresidential 3programs, and individuals who work together to deter domestic violence behavior; and 4 WHEREAS, to maintain crucial services for victims of domestic violence and their 5families, it is vital that the state domestic violence coalition of Louisiana does not take any 6action against a member of the coalition or domestic violence services provider that would 7adversely affect the member's or provider's ability to furnish shelter or supportive services 8to the victims of domestic abuse and their families in Louisiana unless all due process rights 9have been accorded to the member or provider. 10 THEREFORE, BE IT RESOLVED that the House of Representatives of the 11Legislature of Louisiana does hereby authorize and direct the Louisiana Coalition Against 12Domestic Violence, in its role as the state domestic violence coalition of Louisiana, to adopt 13all policies and procedures necessary for ensuring the due process rights of members of the 14coalition and domestic violence services providers. 15 BE IT FURTHER RESOLVED that the policies and procedures required by this 16Resolution shall prohibit the state domestic violence coalition of Louisiana from taking any 17action against a member of the coalition or domestic violence services provider that would 18adversely affect the member's or provider's ability to furnish shelter or supportive services 19to the victims of domestic abuse and their families in Louisiana unless both of the following 20conditions are satisfied: 21 (1) No less than thirty days prior to the disciplinary action being imposed, the state 22domestic violence coalition provides to the member or domestic violence services provider 23written notice containing a description of the proposed disciplinary action, the facts setting 24forth the basis for the proposed disciplinary action, and a statement that the member or 25provider has the right to request an appeal hearing before the state domestic violence 26coalition. 27 (2) If the member or domestic violence services provider requests an appeal hearing, 28the state domestic violence coalition gives the member or provider written notice of the 29scheduled appeal hearing and the opportunity to present arguments or evidence in support 30of the member's or provider's position. Page 2 of 3 HLS 15RS-4499 ORIGINAL HR NO. 211 1 BE IT FURTHER RESOLVED that the policies and procedures shall also require 2the state domestic violence coalition of Louisiana, no later than forty-eight hours after any 3disciplinary action is taken by the coalition against any member of the coalition or domestic 4violence services provider, to give written notice of the disciplinary action and the facts 5setting forth the basis for the disciplinary action to the Department of Children and Family 6Services, the House and Senate committees on health and welfare, and the representative and 7senator for any district for which the member or provider renders services. 8 BE IT FURTHER RESOLVED that this written notification and any other disclosure 9provided pursuant to this Resolution shall not contain any privileged communications or 10records and shall be communicated in strict compliance with the provisions of R.S. 1146:2124.1. 12 BE IT FURTHER RESOLVED that the policies and procedures required by this 13Resolution shall be adopted by the state domestic violence coalition of Louisiana no later 14than October 1, 2015. 15 BE IT FURTHER RESOLVED that a copy of this Resolution shall be transmitted 16to the executive director of the Louisiana Coalition Against Domestic Violence. DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] HR 211 Original 2015 Regular Session Barrow Authorizes and directs the state domestic violence coalition of La. to adopt policies and procedures for ensuring the due process rights of members of the coalition and domestic violence services providers no later than Oct. 1, 2015. Page 3 of 3