Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 6342 (October 1, 2022).

37 Pa. Code § 802.11. Application.

PROGRAM


§ 802.11. Application.

 (a)  An application may be filed by any eligible person on the form provided by OVA.

   (1)  An eligible ACP participant may apply, in person, at a victim service provider.

   (2)  The role of the victim service provider is to:

     (i)   Assist the eligible person in determining whether ACP should be part of the person’s overall safety plan.

     (ii)   Explain ACP services and limitations.

     (iii)   Explain ACP participants’ responsibilities.

     (iv)   Assist the person eligible for participation with the completion of application materials.

 (b)  The completed application must include the following:

   (1)  An affidavit from the applicant describing, in detail, a perpetrator’s violent actions or threatened violent actions, or course of stalking conduct and describing, in detail, the applicant’s fear of future violent acts of abuse, sexual assault or stalking, or all, by the perpetrator.

   (2)  Designation of the OVA as the applicant’s agent for service of process.

   (3)  An applicant’s mailing address to which mail can be forwarded by the OVA.

   (4)  An applicant’s actual address and telephone number, if different from the applicant’s mailing address.

   (5)  A listing of minor children residing at the actual address, each minor child’s date of birth and each minor child’s relationship to the applicant.

   (6)  When applicable, a listing of all pending civil and criminal proceedings, including, but not limited to, domestic relations, family court, child custody or Protection From Abuse proceedings, in which the applicant or minor child is a victim, witness, plaintiff or defendant.

   (7)  When applicable, an explanation of the applicant’s probation or parole supervision requirements (Federal, State or county) as well as the name and phone number of the applicant’s probation or parole officer.

   (8)  A signed statement affirming that information provided on the ACP application is true and acknowledging the applicant’s duty to notify OVA of any change in information provided on the application.

   (9)  The date and signature of the applicant and the signature of any person who assisted in the preparation of the application.

 (c)  Completed applications shall be submitted to the ACP substitute address by mail. Applications submitted by means of facsimile or electronic mail will not be accepted.

 (d)  Application packets must contain the following completed materials:

   (1)  Completed and signed ACP application form.

   (2)  Criminal/civil case information.

   (3)  Affidavit.

   (4)  Signed ACP authorization card.

 (e)  Upon receipt, OVA will determine if the applicant meets the prescribed criteria for eligibility for enrollment in ACP in accordance with 23 Pa.C.S. §  6704 (relating to persons eligible to apply), which is incorporated by reference.

 (f)  For purposes of ACP, residents of temporary housing (30 days or less), such as emergency domestic violence shelter, are not eligible to enroll in ACP until a permanent, residential address is obtained, unless otherwise determined by the OVA, at the sole discretion of the OVA.

 (g)  OVA will contact the applicant if additional information is necessary for OVA to determine the eligibility of the applicant or minor child for participation in ACP.



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