Advocate certification and training requirements

According to Oregon Revised Statutes § 40.264 (2015) and Oregon Administrative Rules 137-085, advocates are only considered to be “certified” and have legally privileged status and protections in certain communications with victims if they:

1. have completed at least forty (40) hours of training in advocacy for victims of domestic violence, sexual assault, or stalking that meets the minimum training requirements set out in OAR 137-085-0080; AND
2. are a current employee of or a volunteer with a qualified community-, campus-, or tribal-based advocacy program.

Additionally, confidentiality protections for communications between survivors and certified advocates are promulgated through the qualified victim services program, not the individual advocate. Work performed by advocates outside the purview of their certifying victim services program may not be protected.

Legal definitions

The terms and definitions listed below are quoted directly from statute.

Advocate training requirements

(1) For purposes of HB 3476, training that is no less than a total of 40 hours and that is substantially similar to subsections (2)–(4) of this rule is approved by the Attorney General.

(2) Training shall be comprised of a minimum of 40 hours.

(3) At least 26 hours of the training shall cover each of the following topics:

(a) Dynamics of domestic violence;

(b) Dynamics of sexual assault;

(c) Dynamics of stalking;

(d) Anti-oppression, anti-racism, cultural competency theory and practice;

(e) Effects of trauma on survivors and family members;

(f) Adults molested as children;

(g) Effects of exposure to violence on children;

(h) Dynamics of domestic violence abusers;

(i) Dynamics of sexual offenders;

(j) Vicarious traumatization and self-care;

(k) Advocacy and crisis response;

(l) Confidentiality and privilege;

(m) Advocacy skills;

(n) Working with system-based partners and other service providers.

(4) Training shall include no less than an additional 12 hours regarding SANE exams, court accompaniment, medical exam accompaniment, working with law enforcement, support group facilitation, shelter intake, working with children, campus response, or other topics as approved by the Crime Victims’ Services Division of the Department of Justice.

(5) At least 2 hours of the training shall focus on confidentiality and privilege, the Violence Against Women Act and other funding requirements relating to confidentiality, the provisions set forth in HB 3476, and related matters.

Source: Oregon Administrative Rules 137-085-0080.

Grandfather clause for existing advocates

A person employed at or volunteering with a qualified victim services program who completed 40 hours of training before October 1, 2015, that is substantially similar to training requirements described in contracts between such programs and the Department of Justice or Department of Human Services, is a “certified advocate,” at such time as the person completed an additional 2 hours (120 minutes) of training on confidentiality, advocate privilege, and HB 3476 as described in subsection (5) of this rule.

Source: Oregon Administrative Rules 137-085-0080.

Record keeping

“Each qualifying victim services program shall maintain a roster of advocates who have completed the minimum training described required by OAR 137-085-0080 and who are thus ‘certified advocates.’”

Source: Oregon Administrative Rules 137-085-0090.