Safe at Home – Applicant Assistant Training

Vermont Secretary of State

Vermont Secretary of State Welcome

This training is designed to help you learn more about Vermont’s Safe at Home Address Confidentiality Program and your role as an applicant assistant.

The following slides will provide a background of address confidentiality programs, outline how Vermont’s program started and discuss how the program and application process works.

Vermont Secretary of State OverviewAddress Confidentiality Programs (ACPs) are vital because:

• Violence frequently escalates when batterers believe they are losing control of their victims. • Thus, when victims attempt to flee, they are at greatest risk of serious injury or death. • Many states allow public access to voter registration and driver’s license information. • Batterers often search public records to obtain their victim’s physical address in order to stalk them. • ACPs provide a substitute legal address to prevent perpetrators from tracking down their victims.

Vermont Secretary of State OverviewPrograms Throughout the Country

• More than 30 states that have some form of address confidentiality program. • The first in the country was Washington’s in 1991. • Programs are generally administered by the Office of the Secretary of State or the Attorney General’s Office. Vermont’s ACP is administered by the Secretary of State.• All ACPs provide an extra layer of protection for victims.

Vermont Secretary of State OverviewDifferences among states

While they are all very similar, each state’s program has unique qualities which have been legislated. • Some require more documentation than others. • Some only provide a voter registration or motor vehicle registration service. • Others provide additional services such as name changes.

Vermont Secretary of State OverviewHow Vermont’s program began

One month after Secretary of State Deb Markowitz took office in 1999, a woman was murdered in Burlington. The victim’s former boyfriend had been released from a Massachusetts jail, tracked her down through public records and killed her. Advocates met with Secretary Markowitz to determine if there was a way that public records could be closed for the protection of victims, acknowledging that open access to public records is a citizen’s right and a mission of the Office of the Secretary. Other states’ ACPs were studied and a task force was convened.

Vermont Secretary of State OverviewTask force convened

Prior to proposing and eventually enacting legislation, a task force was convened to determine the viability of a program for Vermont. Task force membership consisted of advocacy and law enforcement organizations: • Office of the Secretary of State • Vermont Network Against Domestic Violence and Sexual Assault • Governor’s Commission on Women • Vermont State Police • Department of Corrections • State’s Attorneys/Sheriff’s Association • Legal Aid • State Court Administrator’s Office Members of the task force assisted the Office of the Secretary with program design, drafting legislation and testifying to the legislature regarding the need for the program.

Vermont Secretary of State TimelineSeptember 1999: The statute is drafted by Vermont Legal Aid modeled on the Washington statute with some provisions from Florida and California. Jan. & Feb. 2000: Testimony to the House Government Operations Committee. March 2000: Bill is voted out of committee unanimously and passes the House. May 2000: Senate gives final approval to the bill. July 2000: Law goes into effect, but implementation is delayed. At issue is law enforcement access to participant addresses. Police officials argue that they may need to contact victims and thus need to know where victims live. Other advocates worry about cases involving a police officer as perpetrator.

July 2001: An additional piece of legislation gives law enforcement the right to request a participant’s address from the Secretary of State when a legitimate, immediate law enforcement need is demonstrated. August 27, 2001: The first participant is enrolled in the program. March 2014: 134 households are enrolled in the program.

Today, Vermont’s Safe at Home program averages 150 participants, with some enrolled in the program for more than 7 years.

Vermont Secretary of State Safe at HomeVermont’s Address Confidentiality Program Overview

Program goal: To help victims of domestic violence, sexual assault and/or stalking, who have relocated or are about to relocate, in their effort to keep their perpetrators from finding them.

Safe at Home is a mail forwarding and protected records service. SAH is not a stand alone program but does provide an extra layer of protection to victims/survivors and can be an important part of an overall safety plan developed with the help of an applicant assistant.

What the program is not:• SAH is not a witness protection program. • SAH does not provide counseling or legal advice.• SAH does not allow participants to escape legal obligations.

Vermont Secretary of State Eligibility RequirementsTo be eligible, applicants must:

• Be a victim of domestic violence, sexual assault and/or stalking who is in fear for their safety. (No documented proof is required, however, by signing the application form, applicants are affirming, under penalty of perjury, that the information is true).

• Be (or about to become) a resident of Vermont.• Have recently relocated or be planning to move to a

location unknown to the abuser/stalker.• Be at least 18 years old, an emancipated minor or a

parent/legal guardian acting on behalf of a minor or incapacitated person.

Vermont Secretary of State Additional RequirementsAdditional requirements and information for applicants:

• SAH is most effective for applicants who have not created any government records using their new address.

• Program participants must be willing to make the Secretary of State their agent to receive legal documents as well as first class, certified and registered mail.

• Program participants must be able to manage with a 2 to 5 day delay for mail delivery and accept all mail from Safe at Home.

NOTE: Other household members may be enrolled in the program (All relatives and/or unrelated adults)

Vermont Secretary of State Services ProvidedSafe at Home (SAH) services include:

The program, which is provided at no cost to the participant, has two primary components:

• A substitute address with a mail forwarding service which allows participants to receive mail without the sender knowing their actual location.

• A protected records service which allows participants to use the substitute address when creating records with state or local government agencies. This prevents them from being tracked through public records.

Vermont Secretary of State Service DetailsMail forwarding service detail:

• Each participant is granted the use of a Montpelier PO Box address rented by the Secretary of State. Household members can be included as co-applicants.

• Though all participants use the same PO Box, each has a unique ID number. Without the ID number, mail be returned to sender.

• Mail delays of 2 to 5 days can be expected. All mail is collected in Montpelier by the SAH coordinator and forwarded to participants.

• Only first class mail and service of process (certified and registered mail, etc.) is picked up by Secretary of State staff and forwarded to the participant’s actual address. Bulk mail (junk mail), magazines and packages are not forwarded. Packages are returned to the sender.

• Participants should correspond exclusively using the substitute address.

Vermont Secretary of State Service DetailsProtected records service detail:

Voting • Participants may vote as blind ballot voters. This means they

are assigned a number and may vote by absentee ballot. • Their names and addresses do not appear on public voter lists,

only their blind ballot number is on the list. • Voter registration is processed by the SAH Coordinator. • Ballots are mailed to the Safe at Home PO Box and forwarded

to program participants. • Participants are not allowed to place a vote at town meetings.

Vermont Secretary of State Service DetailsProtected records service detail (cont.):

Motor Vehicle Transactions • Participant must present their Safe at Home Authorization Card

along with another legal form of identification. • The substitute address is accepted for mailing and residence

(legal) address for all transactions and records (registration, title, driver’s license) except: • Commercial Driver’s Licenses (CDL) and • Enhanced Driver’s Licenses (EDL).

If a participant wants to travel out of the country, they can obtain a passport.

Vermont Secretary of State Service DetailsProtected records service detail (cont.):

Birth Certificates • Participant must notify the physician, midwife or hospital within

24 hours of birth to prevent a confidential address from appearing on birth certificates.

• Confidential birth certificates must be filed with the supervisor of vital records, not the town clerk, within 10 days.

• Upon expiration, withdrawal or cancellation from the program, the supervisor of vital records enters the actual address and sends the birth certificate to the town clerk.

Vermont Secretary of State Service DetailsProtected records service detail (cont.):

Marriage License • Participant must notify the town clerk that the confidential

address should not appear on the certificate. • Town clerk files confidential certificates with the supervisor of

vital records within 10 days and does not retain a copy. • Upon expiration, withdrawal or cancellation from the program,

the supervisor of vital records enters the actual address and sends the certificate to the town clerk.

Vermont Secretary of State Confidentiality

The Safe at Home Program will not release the actual address of a participant unless:

• A judge issues a court order for the program to do so • A government agency is granted a waiver • A law enforcement agency requests it for law

enforcement purposes

Vermont Secretary of State

Participants receive an authorization card upon acceptance into the program.

The Safe at Home authorization card:• Is good for 4 years. • Must be presented to an agency when requesting use of

the substitute address.

Program participants may be recertified for further participation after 4 years. There is no limit to the duration of participation in the program.

Authorization Card

Vermont Secretary of State Participant Responsibility

• Participants must accept all mail delivered.

• All participants must notify the program of any changes to name, address or phone number.

• Participants must present their authorization card when requesting an agency use the substitute address.

Vermont Secretary of State Grounds for Cancellation

• Failure to notify the program of a change of address, name or phone number.

• Mail returned to the program as undeliverable.

• Discovery that a participant has falsified any information on the application.

Vermont Secretary of State Applicant Assistants

Applicant assistants are employees of organizations (generally shelters) that provide counseling and other services to victims of domestic violence, sexual abuse and stalking. Within these organizations there are specific individuals who are prepared to help victims determine if they qualify for and will benefit from the program. If SAH is a good fit for their situation, applicant assistants will help them: • Understand the program.• Determine if they qualify for and will benefit from the program. • Integrate the Safe At Home program into an overall safety plan.

Participants must understand that SAH is only part of a comprehensive safety plan and cannot, on its own, keep them safe.

After facilitating the application process, applicant assistants will forward completed applications to the Safe At Home coordinator.

Vermont Secretary of State Application Process

Applicants cannot apply directly to the SAH Coordinator or Secretary of State’s office. All applicants must go through an applicant assistant to apply for participation in the program.

• A statewide list of organizations with applicant assistants can be found at: https://sos.vermont.gov/secretary-of-state-services/safe-at-home/apply/#programs

• For additional help locating an applicant assistant, applicants can call Safe at Home at 800.439.8683.

Vermont Secretary of State Application ProcessApplication Process Overview:

• Victim/survivor works with a trained and registered SAH applicant assistant

• Applicant assistant provides SAH program education, determines participant eligibility and assists with application paperwork

• Applicant assistant sends completed application to SAH• SAH reviews and processes application, sends welcome

packet with new address and authorization card• Participant begins using substitute address • SAH picks up mail daily at substitute address, repackages

it for forwarding • All participant’s mail is sent to actual (confidential) address

Vermont Secretary of State Application ProcessTo begin the application process, an applicant assistant must first:

1. Establish applicant identity (check one or more forms of ID). Legal guardians acting on behalf of minors or incapacitated persons must submit official copies of their probate court appointment with their application.

2. Confirm the applicant:a) Is a victim of domestic violence, sexual assault, or stalking. b) Is a resident of Vermont.c) Is living at or planning to move to a location unknown to the abuser. d) Is willing to agree to all participant responsibilities. (see slide 21)e) Can manage a mail delay of up to five days. f) Has not created any state or local government records using their

current residence address (driver’s license, SRS, etc.).

3. Confirm that SAH will actually help minimize a specific risk or danger.

Vermont Secretary of State Application Process

DO NOT SEND PAPERWORK HOME WITH APPLICANT.

It is the applicant assistant’s responsibility to facilitate the completion of paperwork and submit application materials to the Safe at Home coordinator.

Please ensure applicants understand all program components and limitations before proceeding.

Vermont Secretary of State Application Form1. Have applicant fill out the application form with you.

Household members can be included on the application form as co-applicants. Any household member over the age of 18 must fill out an additional co-applicant checklist of responsibilities confirming that they understand the program and they designate the Secretary of State as their agent for service of process (certified mail, etc.) and receipt of first class mail. The original application can be sent in without the co-applicant form so the applicant and any minors can receive their membership cards as soon as possible. Co-applicants over age 18 will not receive their card(s) until their application materials are completed and sent in.

2. Make sure residence address (cannot be a shelter) and mailing address are completely filled in.

3. Be sure to include day and evening telephone numbers. 4. By signing the application, the applicant affirms, under penalty of

perjury, that: • They are a victim of domestic violence, sexual assault or stalking; • All information on form is true and accurate; • They are willing to designate the Secretary of State as their agent for service

of process and receipt of first class mail; • They have read and understand the checklist of responsibilities.

Both applicant and applicant assistant must sign the form.

Vermont Secretary of State Application Checklist

The application checklist (pictured at right) must be completed, signed and submitted along with application paperwork.

• Carefully discuss each item on the checklist. • Check off each item after you discuss it. • It is important all listed items are fully understood before the

document is signed.

Both applicant and applicant assistant must sign the form.

Vermont Secretary of State Mailing Application Forms

Do not keep copies of the forms.

• The applicant assistant should mail forms to:

Safe at Home Program CoordinatorPO Box 1568Montpelier, VT 05601

• A welcome packet with authorization cards will be sent to the applicant within 5 business days.

• Co-applicant(s) over age 18 can take their forms home and mail them separately. Co-applicant authorization cards will be sent when the forms are received.

Vermont Secretary of State Applicant Assistant Certification

Having completed this self-guided training, you are now ready to become a certified applicant assistant. To receive your certification, please complete the certification quiz at:

https://forms.office.com/Pages/ResponsePage.aspx?id=O5O0IK26PEOcAnDtzHVZxnECZ46sh2xIl6oK3o2JCClURTNOMjk0WE

oxRk5LTUZLNE1XQklZQUQwWi4u

After successfully completing and submitting your quiz results, your certification will be processed and a certificate will be emailed to you. Please allow up to three business days for certificate processing.

Vermont Secretary of State Additional Information

More information regarding Vermont’s Safe at Home program can be found at: https://sos.vermont.gov/secretary-of-state-services/safe-at-home/

Celine EdsonSafe at Home Program CoordinatorOffice of the Secretary of State128 State StreetMontpelier, VT 05633-1101800.439.8683Celine.edson@vermont.gov

THANK YOU FOR BEING A PART OF THIS PROGRAM AND PROVIDING A VALUABLE SERVICE TO VERMONT’S VICTIMS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT AND STALKING.