Code of the District of Columbia

§ 4–555.03. Program applications and certification of participants.

(a) OVSJG shall:

(1) Establish a training program for a person to complete before the person may be designated as an application assistant; and

(2) Designate application assistants to assist an applicant or an applicant's representative in submitting an application to the Program.

(b) A person may be designated as an application assistant if the person successfully completes the training program established pursuant to subsection (a)(1) of this section and provides:

(1) Counseling, referral, or other services to victims of a covered offense; or

(2) Services at an organization that focuses on reproductive healthcare.

(c) To apply to participate in the Program, an applicant or an applicant's representative shall meet with an application assistant to fill out an application together.

(d) The application shall be on a form prescribed by OVSJG and contain the following:

(1) The applicant's name;

(2) Evidence that the applicant is a victim of a covered offense or is a covered employee, including at least one of the following:

(A) A sworn affidavit by the applicant or the applicant's representative, stating that the applicant:

(i) Is a victim of a covered offense or is a covered employee; and

(ii) Fears for her or his safety;

(B) Law enforcement agency or other District agency records or files;

(C) An order of a tribunal;

(D) If the applicant is alleged to be a victim of domestic violence, documentation from a domestic violence program or facility, including a shelter or safe house;

(E) If the applicant is alleged to be a victim of a sexual offense, documentation from a sexual assault program or facility;

(F) If the applicant is alleged to be a victim of human trafficking, documentation from a human trafficking program or facility, including a shelter or safe house;

(G) If the applicant is alleged to be a victim of stalking, documentation from a program or facility providing services for victims of stalking; or

(H) Documentation from a medical professional from whom the applicant has sought assistance in dealing with the alleged covered offense;

(3) A statement by the applicant or the applicant's representative that disclosure of the applicant's actual address would endanger the applicant's safety;

(4) The actual address that the applicant is seeking to have protected by OVSJG;

(5) A statement as to whether there are any existing orders or pending actions of a tribunal involving the applicant, and if so, describing those orders or actions;

(6) A statement designating the Director of OVSJG, or the Director's designee, as an agent for purposes of service of process and receiving mail;

(7) If applicable, the name and contact information of the applicant's representative; and

(8) A statement by the applicant or the applicant's representative, under penalty of perjury, that to the best of the applicant's or the applicant's representative's knowledge, the information contained in the application is true.

(e)(1) Before submitting an application to OVSJG, the application assistant may attach a statement to the application describing whether the application assistant believes the applicant to be a strong candidate for the Program, and the application assistant's reasoning.

(2) A completed application shall be signed and dated by the applicant or the applicant's representative and the application assistant.

(f) After reviewing a completed application, OVSJG shall certify an applicant to be a participant if the applicant:

(1) Meets the requirements of this subchapter; and

(2) Would benefit from participation in the Program.

(g) Upon certifying a participant, OVSJG shall issue to the participant or the participant's representative a Program authorization card, which shall identify the participant's substitute address.

(h)(1) A certification shall remain valid for 3 years following the date of certification unless the certification is cancelled by OVSJG or the participant or the participant's representative before the end of the 3-year period.

(2) At least 60 days before a participant's certification expires, OVSJG shall send the participant or the participant's representative written notice of the upcoming expiration.

(3) A certification may be renewed for an additional 2 years by filing a renewal application with the Director. The renewal application shall be signed and dated by the participant or the participant's representative and an application assistant. The renewal application shall contain a statement by the participant or the participant's representative, under penalty of perjury, that, to the best of the participant's or the participant's representative's knowledge, the information contained in the renewal application is true.

(i) If any of the information provided in an application or renewal application changes, including the participant's name, address, or telephone number, the participant or the participant's representative shall notify OVSJG within 30 days of the change.


(July 3, 2018, D.C. Law 22-118, § 103, 65 DCR 5064; May 10, 2019, D.C. Law 22-313, § 6(a), 66 DCR 1627.)

Applicability

Section 7035 of D.C. Law 22-168 repealed § 301 of D.C. Law 22-118 removing the applicability restriction impacting this section. Therefore the creation of this section by D.C. Law 22-118 has been given effect.

Applicability of D.C. Law 22-118: § 301 of D.C. Law 22-118 provided that the creation of this section by § 103 of D.C. Law 22-118 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.