VIOLENT CRIMES COMPENSATION BOARD
BEFORE THE DELAWARE VIOLENT CRIMES COMPENSATION BOARD IN RE:
PROPOSAL TO REMOVE RULE XXVI
Pursuant to the guidelines in 29 Del. c. Section 10118 (a) (1) (7), the Delaware Violent Crimes Compensation Board ("Board") hereby issues this Order. Following notice and a public hearing held on November 24, 1998 on the proposal to remove Rule XXVI, Mental Suffering Awards, the Board makes the following Findings and Conclusions:
Summary of Evidence and Information Submitted
1. The Board did not receive written evidence or information pertaining to the proposal.
2. The Board expressed its desire to remove Rule XXVI due to a revision in 11 Del. c. 90 Section 9005(l).
Findings of Fact
3. The public was given notice and the opportunity to provide the Board with comments, in writing and by oral testimony, on the removal of Rule XXVI. The written comments and oral testimony are described in paragraph 1.
4. The Board finds that the removal of Rule XXVI will represent the purpose and intent of 11 Del. c. 9001 et. seq.
5. The Board finds that the removal of Rule XXVI will have no adverse impact on the public.
6. The Board finds that the proposal is well written and describes its intent to remove Rule XXVI.
Conclusion
7. The proposed removal of Rule XXVI was promulgated by the Board in accordance with the statutory duties and authority as set forth in 11 Del. c. Section 9001 et. seq. and, in particular, 11
Del. c. Section 9004(4).
8. The Board deems this amendment necessary and expedient to the full and official performance of its duties under 11 Del. c. Section 9001 et. seq.
9. The Board concludes that the removal of Rule XXVI will be in the best interests of the citizens of the State of Delaware.
10. The Board therefore adopts the proposal to remove Rule XXVI pursuant to 11 Del. c. Section 9004(4) and the guidelines of 29 Del. c. Section 10118 of the Administrative Procedures Act. See, Strauss v. Silverman, Del. Supr., 399 A.2d 192 (1979).
11. This amended rule replaces in its entirety any former rule or regulation heretofore promulgated by the Board.
12. The effective date of this Order shall be 10 days from the date of publication in the Register of Regulations.
13. Attached hereto and incorporated herein this Order is Rule XXVI marked as exhibit A that will be removed by the Board 10 days from the date of publication in the Register of Regulations.
Thomas W. Castaldi, Chairman
Saxton C. Lambertson, V. Chairman
Leah W. Betts, Board Member
V. Lynn Gregory, Board Member
Stephen L. Manista, Board Member
APPROVED AS TO FORM:
Rosemary Killian
Deputy Attorney General
REMOVE THE FOLLOWING RULE FROM THE VCCB RULES & REGULATIONS.
RULE XXVI - MENTAL SUFFERING AWARD
Maximum award for mental suffering is set at $2,500.00. Clarification of this motion is that over the past two years there has been a substantial increase in claims. The Board feels it is necessary to cap mental suffering awards at $2,500.00 to insure an equitable distribution of funds for all victims, and to initiate a uniformity and consistency in awarding mental suffering claims with emphasis on counseling and rehabilitation.
This rule shall apply to crimes that occurred before February 11, 1992. Revised October 17, 1991.
JUSTIFICATION: THIS RULE IS OFFICIALLY REMOVED FROM THE VCCB RULES & REGULATIONS, AS MENTAL SUFFERING AWARDS ARE PROHIBITED BY STATUTE EFFECTIVE 02/11/92.
BEFORE THE DELAWARE VIOLENT CRIMES COMPENSATION BOARD IN RE:
PROPOSAL TO REMOVE RULE XXVIII
Pursuant to the guidelines in 29 Del. c. Section 10118 (a) (1) (7), the Delaware Violent Crimes Compensation Board ("Board") hereby issues this Order. Following notice and a public hearing held on November 24, 1998 on the proposal to remove Rule XXVIII, Mental Health Counseling Awards, the Board makes the following Findings and Conclusions:
Summary of Evidence and Information Submitted
1. The Board did not receive written evidence or information pertaining to the proposal.
2. The Board expressed its desire to remove Rule XXVIII due to an administrative procedural change.
Findings of Fact
3. The public was given notice and the opportunity to provide the Board with comments, in writing and by oral testimony, on the removal of Rule XXVIII. The written comments and oral testimony are described in paragraph 1.
4. The Board finds that the removal of Rule XXVIII will represent the purpose and intent of 11 Del. c. 9001 et. seq.
5. The Board finds that the removal of Rule XXVIII will have no adverse impact on the public.
6. The Board finds that the proposal is well written and describes its intent to remove Rule XXVIII.
Conclusion
7. The proposed removal of Rule XXVIII was promulgated by the Board in accordance with the statutory duties and authority as set forth in 11 Del. c. Section 9001 et. seq. and, in particular,
11 Del. C. Section 9004(4).
8. The Board deems this amendment necessary and expedient to the full and official performance of its duties under 11 Del. c. Section 9001 et. seq.
9. The Board concludes that the removal of Rule XXVIII will be in the best interests of the citizens of the State of Delaware.
10. The Board therefore adopts the proposal to remove Rule XXVIII pursuant to 11 Del. c. Section 9004(4) and the guidelines of 29 Del.C. Section 10118 of the Administrative Procedures Act. See, Strauss v. Silverman, Del. Supr., 399 A.2d 192 (1979).
11. This amended Rule replaces in its entirety any former rule or regulation heretofore promulgated by the Board.
12. The effective date of this Order shall be 10 days from the date of publication in the Register of Regulations.
13. Attached hereto and incorporated herein this Order is Rule XXVIII marked as exhibit A that will be removed by the Board 10 days from the date of publication in the Register of Regulations.
Thomas W. Castaldi, Chairman
Saxton C. Lambertson, V. Chairman
Leah W. Betts, Board Member
V. Lynn Gregory, Board Member
Stephen L. Manista, Board Member
APPROVED AS TO FORM:
Rosemary Killian
Deputy Attorney General
REMOVE THE FOLLOWING RULE FROM THE VCCB RULES & REGULATIONS.
RULE XXVIII - MENTAL HEALTH COUNSELING AWARD
(A) In the event of a claim for costs associated with mental health counseling, the Board may, following initial review of the case, award counseling not to exceed three (3) months in duration and a total cost of $1,250.00.
(B) In the event that additional counseling will be required beyond the period provided for in Section (A), the claimant must submit a request to the Board prior to the expiration of the initial award. Failure to submit such request in a timely fashion may, at the Board's discretion, result in the denial of such request and refusal to make payment for treatment in excess of the initial award. Any request for a mental health counseling award shall be accompanied by an evaluation and treatment plan including, but not limited to:
(1) A determination that the need for counseling resulted directly from the crime in question rather than a previously existing condition; and
(2) A statement or certification that the treatment will address only crime-related injuries.
(C) The Board, at its discretion, may require production of any documents it deems necessary to its determination of a request for a mental health counseling award.
JUSTIFICATION: THIS RULE IS OFFICIALLY REMOVED FROM THE VCCB RULES & REGULATIONS, AS THE VCCB COMMISSIONERS MOVED TO MODIFY MENTAL HEALTH COUNSELING PROCEDURES ON 08/01/96.
BEFORE THE DELAWARE VIOLENT CRIMES COMPENSATION BOARD IN RE:
PROPOSED AMENDMENT OF RULE XXIX
Pursuant to the guidelines in 29 Del. C. Section 10118 (a) (1) (7), the Delaware Violent Crimes Compensation Board ("Board") hereby issues this Order. Following notice and a public hearing held on November 24, 1998 on the proposed amendment of Rule XXIX on Mental Health Practitioner Oualifications/Licensure, the Board makes the following Findings and Conclusions:
Summary of Evidence and Information Submitted
1. The Board did not receive written evidence or information pertaining to the proposed amendment.
2. The Board expressed its desire to amend Rule XXIX to illuminate the class of mental health practitioners who may perform psychological assessments for child and adult psychological assessments.
Findings of Fact
3. The public was given notice and the opportunity to provide the Board with comments, in writing and by oral testimony, on the amendment of Rule XXIX. The written comments and oral testimony are described in paragraph 1.
4. The Board finds that the amendment of Rule XXIX will clearly define the class of mental health practitioners who may perform psychological assessments on child and adult victims of crime for the Violent Crimes Compensation Board.
5. The Board finds that the amendment will have no adverse impact on the public.
6. The Board finds that the amendment is well written and describes its intent to amend Rule XXIX to illuminate the class of mental health practitioners who may perform psychological assessments for child and adult victims of crime.
Conclusion
7. The proposed amendment was promulgated by the Board in accord with the statutory duties and authority as set forth in 11 Del. C. Section 9001 et. seq. and, in particular, 11 Del. c. Section 9004(4).
8. The Board deems this amendment necessary and expedient to the full and official performance of its duties under 11 Del. c. Section 9001 et. seq.
9. The Board concludes that the amendment of Rule XXIX will be in the best interests of the citizens of the State of Delaware.
10. The Board therefore adopts this amendment of Rule XXIX pursuant to 11 Del. c. Section 9004 (4) and the guidelines of 29 Del. c. Section 10118 of the Administrative Procedures Act. See, Strauss v. Silverman, Del. Supr., 399 A.2d 192 (1979).
11. This amended Rule replaces in its entirety any former rule or regulation heretofore promulgated by the Board.
12. The effective date of this Order shall be 10 days from the date of publication in the Register of Regulations.
13. Attached hereto and incorporated herein this order is the amended Rule XXIX marked as exhibit A and executed simultaneously by the Board 10 days from the date of publication in the Register of Regulations.
Thomas W. Castaldi, Chairman
Saxton C. Lambertson, V. Chairman
Leah W. Betts, Board Member
V. Lynn Gregory, Board Member
Stephen L. Manista, Board Member
APPROVED AS TO FORM:
Rosemary Killian
Deputy Attorney General
AMEND THE FOLLOWING RULE IN THE VCCB RULES & REGULATIONS.
To be eligible for crime victim's compensation for mental health counseling treatment, within and without the State of Delaware, treatment must be provided by a practitioner possessing an advanced degree in an applied mental health discipline a practitioner possessing an advanced degree in an applied mental health discipline must provide treatment. The advanced degree should be in Psychiatry, Psychology, Social Work, Counseling, or Psychiatric Nursing.
To be eligible for crime victim's compensation for mental health counseling treatment in the State of Delaware, services must be provided by a licensed mental health practitioner. The five disciplines recognized by the Violent Crimes Compensation Board for payment of mental health counseling benefits are: Licensed Psychiatrist, Licensed Psychologist, Licensed Clinical Social Worker, Licensed Mental Health Counselor, and Licensed Clinical Nurse Specialist.
To be eligible for crime victim’s compensation for adult psychological assessments, within and without the State of Delaware, a licensed psychologist or a licensed psychiatrist must perform the assessment unless waived by the Board.
To be eligible for crime victim’s compensation for child psychological assessments, within and without the State of Delaware, a licensed child psychologist or a licensed child psychiatrist must perform the assessment unless waived by the Board.
To be eligible for crime victim’s compensation for mental health counseling treatment in the State of Delaware, a licensed mental health practitioner must provide services. The five disciplines recognized by the Violent Crimes Compensation Board for payment of mental health counseling benefits is: Licensed Psychiatrist, Licensed Psychologist, Licensed Clinical Social Worker, Licensed Mental Health Counselor, and Licensed Clinical Nurse Specialist.
Payment for mental health treatment received outside the State of Delaware will be evaluated for practitioner's licensure on a case-by-case basis by the Violent Crimes Compensation Board.
The Violent Crimes Compensation Board may consider payment for services rendered by an unlicensed provider if the provider is practicing under the direct supervision of a licensed practitioner in one of the disciplines recognized by the Violent Crimes Compensation Board, as set forth in paragraph two, sentence two. Claims for payment of services rendered by an unlicensed practitioner will be decided on a case-by-case basis by the Violent Crimes Compensation Board.
The Violent Crimes Compensation Board may consider payment for mental health counseling services rendered by an unlicensed provider if the provider is practicing under the direct supervision of a licensed practitioner in one of the disciplines recognized by the Violent Crimes Compensation Board, as set forth in paragraph one, sentence two. The Violent Crimes Compensation Board will decide claims for payment of services rendered by an unlicensed practitioner on a case-by-case basis.
JUSTIFICATION: THE AMENDMENTS TO RULE XXIX CLARIFY THE TYPES OF MENTAL HEALTH PROVIDERS THAT MAY PERFORM PSYCHOLOGICAL ASSESSMENTS ON ADULT AND CHILD VICTIMS.
BEFORE THE DELAWARE VIOLENT CRIMES COMPENSATION BOARD IN RE:
PROPOSED ADDITION OF NEW RULE XXX
Pursuant to the guidelines in 29 Del. c. Section 10118(a)(l)(7), the Delaware Violent Crimes Compensation Board ("Board") hereby issues this Order. Following notice and a public hearing held on November 24, 1998 on the proposed addition of Rule XXX, Child Counseling and Assessment Program (CCAP), the Board makes the following Findings and Conclusions:
Summary of Evidence and Information Submitted
1. The Board did not receive written evidence or information pertaining to the proposed Rule.
2. The Board expressed its desire to add Rule XXX to set a regulatory payment fee for psychological assessments and short-term counseling for child victims of crime.
Findings of Fact
3. The public was given notice and the opportunity to provide the Board with comments, in writing and by oral testimony, on Rule XXX. The written comments and oral testimony are described in paragraph 1.
4. The Board finds that Rule XXX will establish payment regulations for psychological assessments and short-term counseling needs of child victims of crime.
5. The Board finds that Rule XXX will have no adverse impact on the public.
6. The Board finds that the Rule is well written and describes its intent to add Rule XXX to set a regulatory payment fee for psychological assessments and short-term counseling for child victims of crime.
Conclusion
7. The proposed Rule was promulgated by the Board in accordance with the statutory duties and authority as set forth in 11 Del. c. Section 9001 et. seq. and, in particular, 11 Del. c. Section 9004(4).
8. The Board deems this Rule addition necessary and expedient to the full and official performancel2vsb3T
11. This new Rule replaces in its entirety any former rule or regulation heretofore promulgated by the Board.
12. The effective date of this Order shall be 10 days from the date of publication in the Register of Regulations.
13. Attached hereto and incorporated herein this Order is Rule XXX marked as exhibit A and executed simultaneously by the Board 10 days from the date of publication in the Register of Regulations.
Thomas W. Castaldi, Chairman
Saxton C. Lambertson, V. Chairman
Leah W. Betts, Board Member
V. Lynn Gregory, Board Member
Stephen L. Manista, Board Member
APPROVED AS TO FORM:
Rosemary Killian
Deputy Attorney General
ADD THE FOLLOWING RULE IN THE VCCB RULES & REGULATIONS.
VCCB Rule XXX. Child Victim Counseling & Assessment Program (CCAP) Provisions
For the purposes of section 9020(c), up to $1,200.00 may be paid from the victim's compensation fund on behalf of each child victim of crime for reasonable costs incurred for psychological assessments and short-term counseling.
JUSTIFICATION: THIS NEW RULE FULFILLS THE REQUIREMENTS OF SENATE BILL 417, SIGNED BY GOVERNOR THOMAS R. CARPER ON JULY 17, 1998. THE LAW REQUIRES THE VCCB TO DETERMINE A MAXIMUM AMOUNT TO BE PAID FOR PSYCHOLOGICAL ASSESSMENTS AND/OR SHORT-TERM COUNSELING (11 Del. C. 90, section 9020(c). " ... the Board shall only provide compensation sufficient to total the maximum amount provided for in the Board's rules and regulations."