1 Del. Admin. Code § 1100-3.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 1100-3.0 - Qualifications of Credentialed Sex Offense Service Providers (CSOSP)

3.1 The following sections outline qualifications for Credentialed Sex Offense Service Providers.

3.2 The Credentialed Sex Offense Service Provider may treat sex offenders without supervision. To qualify to be credentialed as a Sex Offense Service Provider with the SOMB, an individual must meet all the following criteria:

3.2.1 The individual shall have a minimum of a master's degree in a behavioral science related field.

3.2.2 The individual shall have attained the underlying credential of licensure and be in good standing as a physician, psychologist, clinical social worker, professional counselor, marriage and family therapist, or clinical psychiatric nurse specialist; and

3.2.3 The individual shall have completed within the past five (5) years a minimum of one thousand (1000) hours of clinical experience specifically in the areas of either evaluation or treatment, or both, of sex offenders, at least three hundred fifty (350) of which shall have been face-to-face clinical experience with sex offenders (see definition of clinical experience). Such clinical experience may have been obtained while seeking licensure or after obtaining licensure.

3.2.4 The individual shall have had at least fifty (50) hours of documented training specifically related to either evaluation or treatment methods, or both, within the last five (5) years. Training shall be specific to the population the individual serves.

3.2.4.1 Sex offense specific training:

3.2.4.1.1 Prevalence of sexual offending by adults/juveniles victimization rates;

3.2.4.1.2 Typologies of adult sex offenders;

3.2.4.1.3 Sex offender evaluation and assessment;

3.2.4.1.4 Sex offender treatment planning and assessing treatment outcomes;

3.2.4.1.5 Community Supervision techniques;

3.2.4.1.6 Clinical supervision training; and

3.2.4.1.7 Treatment modalities, specific recommended applications, justification for use, contra-indictors.

3.2.4.1.8 Sex Offender Treatment Techniques including:

3.2.4.1.8.1 Evaluating and reducing denial;

3.2.4.1.8.2 Behavioral treatment techniques;

3.2.4.1.8.3 Cognitive behavioral techniques;

3.2.4.1.8.4 Relapse prevention;

3.2.4.1.8.5 Offense cycle;

3.2.4.1.8.6 Empathy training;

3.2.4.1.8.7 Confrontation techniques; and

3.2.4.1.8.8 Safety and containment planning.

3.2.4.1.9 Offender/offense characteristics crossover.

3.2.4.1.10 Sex offender risk assessment adult or juvenile.

3.2.4.1.11 Objective measures including:

3.2.4.1.11.1 Polygraph (adult only);

3.2.4.1.11.2 Plethysmograph (adult only); and

3.2.4.1.11.3 Abel Assessment (adult only).

3.2.4.1.12 Special sex offender populations including:

3.2.4.1.12.1 Sadists (adult only);

3.2.4.1.12.2 Psychopaths (adult only);

3.2.4.1.12.3 Developmentally disabled;

3.2.4.1.12.4 Compulsive;

3.2.4.1.12.5 Juvenile; and

3.2.4.1.12.6 Female.

3.2.4.1.13 Family Unification/visitation.

3.2.4.1.14 Pharmacotherapy with sex offenders.

3.2.4.1.15 Impact of sex offenses.

3.2.4.1.16 Assessing treatment progress.

3.2.4.1.17 Support system, family stability, parenting skills.

3.2.4.1.18 Sex offender attachment style.

3.2.4.1.19 Knowledge of laws, policies and ethical concerns relating to confidentiality, mandatory reporting, risk management and offender participation in treatment.

3.2.4.1.20 Ethics;

3.2.4.1.21 Philosophy and principles of the SOMB; and

3.2.4.1.22 Continuing research in the field of adult or juvenile sexual offending.

3.2.4.2 General topic training areas (at least a total of 30 hours required from these areas, to include 15 hours of victimology):

3.2.4.2.1 Victim issues including impact and treatment;

3.2.4.2.2 Knowledge of criminal justice or court system, legal parameters and the relationship between the provider and the courts, including expectations related to testifying in court;

3.2.4.2.3 Secondary and Vicarious Trauma;

3.2.4.2.4 Anger management;

3.2.4.2.5 Healthy sexuality and sex education;

3.2.4.2.6 Learning Theory;

3.2.4.2.7 Multicultural sensitivity;

3.2.4.2.8 Understanding transference and counter-transference;

3.2.4.2.9 Family dynamics and dysfunction including domestic violence;

3.2.4.2.10 Co-morbid conditions, differential diagnosis;

3.2.4.2.11 Investigations; and

3.2.4.2.12 Addictions and substance abuse.

3.2.5 To receive credit for training not identified on this list, it is incumbent on the trainee to write a justification demonstrating relevance to sex offender assessment, treatment, and management.

3.2.6 In concert with the generally accepted standards of practice of the individual's mental health profession, the individual shall adhere to the Professional Code of Ethics published by the Association for the Treatment of Sexual Abusers (ATSA). It is the responsibility of each provider/evaluator to comply with this Professional Code of Ethics. The provider/evaluator shall demonstrate competency according to the individual's respective professional standards and conduct all treatment in a manner that is consistent with the reasonably accepted standard of practice in the sex offense specific treatment community.

3.2.7 Provide satisfactory references as requested by the SOMB. The SOMB may also solicit such additional references as necessary to determine compliance with generally accepted standards of practice of the individual's mental health profession.

3.2.8 The individual shall never have been convicted of, or plead no contest to, or received a deferred judgment for any offense involving criminal sexual or violent behavior, or a felony that would bring into question the competence or integrity of the individual to provide sex offense specific treatment or evaluations.

3.2.9 At their own expense, the individual will complete an entire criminal history check including Federal information pursuant to the Federal Bureau of Investigation appropriation of Title 11 of Public Law 92-544(28 U.S.C. 534). The individual will submit to fingerprinting as part of this process.

3.2.10 The individual must provide a copy of Professional Liability Insurance (Certificate of Insurance).

3.2.11 The individual must provide a copy of National Practitioner Databank Report completed within the past 90 days.

3.2.12 Report any practice that is in significant conflict with generally accepted standards of practice of the individual's mental health profession.

3.2.13 Renewal of credential for Sex Offense Service Providers. Providers must apply for continued placement on the list every two (2) years by the date provided by the Board. Requirements are as follows:

3.2.13.1 Credentialed providers must demonstrate continued compliance with generally accepted standards of practice of the individual's mental health profession;

3.2.13.2 The individual shall accumulate a minimum of three hundred (300) hours of clinical experience every two years, one hundred fifty (150) hours of which shall be face-to-face clinical services with adults or juveniles who have engaged in sexually inappropriate/illegal behavior;

3.2.13.3 Credentialed Sex Offense Service Providers shall complete a minimum of twenty (20) hours of continuing education every two (2) years in order to maintain proficiency in the field of sex offender treatment and to remain current on any developments in the assessment, treatment, and monitoring of sex offenders;

3.2.13.3.1 To receive credit for training not identified on this list, it is incumbent on the trainee to write a justification demonstrating relevance to sex offender assessment, treatment, and management.

3.2.13.4 Provide satisfactory references as requested by the SOMB. The SOMB may also solicit such additional references as necessary to determine compliance with generally accepted standards of practice of the individual's mental health profession. The references may include other members of the community supervision team;

3.2.13.5 The individual shall never have been convicted of, plead no contest to, or received a deferred judgment for any offense involving criminal sexual or violent behavior, or a felony that would bring into question the competence or integrity of the individual to provide sex offense specific treatment or evaluation;

3.2.13.6 At their own expense, the individual will complete an entire criminal history check including Federal information pursuant to the Federal Bureau of Investigation appropriation of Title 11 of Public Law 92-544(28 U.S.C. 534). The individual will submit to fingerprinting as part of this process. The criminal history check will occur within 90 days of submitting the application to the SOMB;

3.2.13.7 The individual must provide a copy of current and valid Professional Liability Insurance (Certificate of Insurance);

3.2.13.8 The individual must provide a copy of National Practitioner Databank Report completed within the past 90 days; and

3.2.13.9 Report any practice that is in significant conflict with generally accepted standards of practice of the individual's mental health profession.

3.2.14 Supervision of an Associate Sex Offense Service Provider (ASOSP)

3.2.14.1 Use only SOMB approved supervision forms. Approved forms are located on the SOMB website.

3.2.14.2 The CSOSP shall provide a description of the ASOSP's sex-offense service provider related clinical work. Both the CSOSP Supervisor and the ASOSP applicant must sign this description. Refer to the Application for Initial or New Supervisor for Associate Sex Offense Service Provider (ASOSP) for detailed requirements. Submit the signed description with the applicants SOMB application.

3.2.14.3 The CSOSP must complete an out-of-state supervision form before any non-Delaware supervision hours can be considered. Submit the signed form with the applicants SOMB application.

3.2.14.4 The Credentialed Sex Offense Service Provider (CSOSP) shall not supervise more than five (5) ASOSPs.

3.2.14.5 The CSOSP is required to disclose to all ASOSP clients that they are being treated by an ASOSP. Documentation of this disclosure must be maintained and available for SOMB review.

3.2.14.6 In addition to the regulations that govern the individual supervisor's mental health profession, the CSOSP shall supervise in accordance with SOMB regulations.

3.2.14.7 The CSOSP supervisor must have access to the ASOSP supervisee's workplace.

3.2.14.8 The CSOSP supervisor must be approved by SOMB and remain in good standing with the requirements of Section 3.0 of this regulation, Qualifications of a Credentialed Sex Offense Service Provider.

3.2.14.9 It is the CSOSP's responsibility to ensure that all advertisements and documentation that includes the ASOSP's name identifies them as a non-credentialed 'Associate' Sex Offense Service Provider.

3.2.15 Reporting requirements

3.2.15.1 The CSOSP shall submit quarterly reports to their parent agency, if applicable. The parent agency shall forward the quarterly reports to SOMB within 30 days of the end of each quarter. If no parent agency exists, the CSOSP shall submit quarterly reports directly to the SOMB. Reports can be submitted via email or mail to the SOMB.

3.2.15.2 Failing to submit quarterly reports may result in disciplinary action. The SOMB reserves the right to request additional details if necessary.

3.2.15.3 Quarterly Report Submission Schedule:

January 1 - March 31 - Due Date: April 30;

April 1 - June 30 - Due Date: July 31;

July 1 - September 30 - Due Date: October 31; and

October 1 - December 31 - Due Date: January 30.

3.2.16 Termination of Supervision

3.2.16.1 Use only SOMB approved forms. Approved forms are located on the SOMB website.

3.2.16.2 The CSOSP must complete a termination of supervision form upon completion of required training hours or upon transfer to another CSOSP.

3.2.16.3 The termination of supervision form must be submitted to the SOMB and the Parent Agency, if applicable.

3.2.16.4 The CSOSP will maintain supervision responsibilities until the termination of supervision form is received by SOMB.

3.3 Exceptions to qualifications of Sex Offense Service Providers

3.3.1 A Delaware state agency that is court-ordered to evaluate youth who have engaged in sexually problematic behavior may apply to the SOMB and be credentialed as an entity as Sex Offender Service Providers.

3.3.1.1 A Delaware state agency that is court-ordered to evaluate youth who have engaged in sexually problematic behavior can qualify for their agency to be credentialed as Sex Offender Service Providers provided that each individual in their agency who works with the sex offender population meets all of the requirements listed in Section 3.0 of this regulation with the exception of the following:

3.3.1.1.1 Instead of each individual employee being required to have the requisite total number of hours of clinical experience both for the initial application and each renewal application as noted in subsections 3.2.3 and 3.2.13.2 respectively, the Delaware state agency that is court-ordered to evaluate youth who have engaged in sexually problematic behavior applying for the credential must meet the total number of required clinical hours as an entity for the same time period as individual applicants;

3.3.1.1.2 A Delaware state agency that is court-ordered to evaluate youth who have engaged in sexually problematic behavior is applying to be a credentialed Sex Offender Service Provider does not have to demonstrate to the SOMB that their individual staff do not have a criminal history as specified in subsections 3.2.8 and 3.2.13.5 of the initial and renewal applications. The Delaware state agency that is court-ordered to evaluate youth who have engaged in sexually problematic behavior instead assumes the responsibility for monitoring their own staff for any potential criminal involvement per their own agency's and state's standards;

3.3.1.1.3 Similar to subsection 3.3.1.1.2, the Delaware state agency that is court-ordered to evaluate youth who have engaged in sexually problematic behavior that is or is applying to be a credentialed Sex Offender Service Provider does not have to require their staff to participate in a criminal history check as stated in subsections 3.2.9 and 3.2.13.6 of the initial and renewal applications. The Delaware state agency that is court-ordered to evaluate youth who have engaged in sexually problematic behavior instead assumes the responsibility for criminal background checks in accordance with their agency's and the state's policy; and

3.3.1.1.4 The Delaware state agency that is court-ordered to evaluate youth who have engaged in sexually problematic behavior that is or is applying to be a credentialed Sex Offender Service Provider does not have to require their staff to have personal professional liability insurance.

3.3.1.2 The Delaware state agency that is court-ordered to evaluate youth who have engaged in sexually problematic behavior that is or is applying to be a credentialed Sex Offender Service Provider assumes the responsibility for maintaining a database indicating that their staff who work with sexual offenders meet the remainder of the criteria not listed in the exceptions above. Information in this database is subject to audit and review by the SOMB.

3.3.1.3 The Delaware state agency that is court-ordered to evaluate youth who have engaged in sexually problematic behavior application's to be a credentialed Sex Offender Service Provider is their attestation that their staff has met and will maintain all of the necessary requirements.

3.3.1.4 Upon review of an application by a Delaware state agency that is court-ordered to evaluate youth who have engaged in sexually problematic behavior or a review of their database of information such as licensure or continuing education for their staff who work with sexual offenders, if a deviation from a standard is found, the agency is subject to the disciplinary process and sanctions in the same manner as is conducted for individual credentialed Sex Offender Service Providers.

3.3.1.5 No individual who is employed by or contracts with an agency who is a credentialed Sex Offender Service Provider may call themselves a credentialed Sex Offender Service Provider unless they independently meet criteria and have applied as a sole Sex Offender Service Provider. Furthermore, no individual who is employed by an agency who is a credentialed Sex Offender Service Provider may indicate in any fashion that they are a credentialed Sex Offender Service Provider outside of their work with the state agency for which they are employed unless they are independently credentialed.

1 Del. Admin. Code § 1100-3.0

17 DE Reg. 989 (4/1/2014)
22 DE Reg. 617 (1/1/2019)
25 DE Reg. 301 (9/1/2021) (Final)