Rule 105-3-.06 - Certification Requirements for Family Violence Intervention Program Owners(1) Initial FVIP Certification. (a) Judicial Circuit Requirement. Programs seeking certification in more than one (1) judicial circuit shall submit one (1) application. Programs must indicate all judicial circuits in which they are applying for certification.(b) Mission Statement Requirement. Each applicant shall submit in their application their program's mission statement or a statement of intent addressing the role of the FVIP in their organization.(c) Background, History & Experience. Each applicant shall submit information on the program owner's, operator's and/or designee's background, history, interest and experience addressing family violence and domestic violence.(d) Disclosure of Businesses and Ownership Ventures. Each applicant shall disclose any other businesses or ownership ventures.(e) Locations & Class Schedules. Each applicant shall submit the addresses for all requested locations, proposed class schedules and assigned certified facilitators. (f) Class Fees. Each applicant shall submit their class fee schedule and written indigent fee reduction plan for participants declared indigent by the court and provide a copy of these documents to all referral sources.(g) General Liability Insurance. Each applicant shall submit proof of a current general liability insurance of at least $1,000,000.(h) Victim Liaison Requirement. Applicants shall submit a current contract with a victim liaison. FVIPs are required to have a contract with a victim liaison at all times during the course of their certification. The victim liaison shall be a paid, subcontracted domestic violence advocate from a CJCC-certified program or Commission-approved program. FVIPs must notify the Commission if there is any change in the victim liaison.1. An FVIP may initiate contact with victims of family and domestic violence only through the victim liaison unless FVIP staff has a legal duty to warn the victim of immediate danger. All FVIP contact with victims shall be in accordance with the Department SOP.(i) Principles of Practice. Each applicant shall submit a signed copy of the Principles of Practice. FVIPs shall adhere to the following Principles of Practice, incorporate them into their program's policy and procedure manual, submit a signed copy to the Commission upon recertification, and prominently display them in the program facility. 1. FVIP providers are advocates for victims of family and domestic violence who work to hold participants accountable for their acts of family and domestic violence. The highest priorities of FVIP providers are the safety, rights and confidentiality of victims.2. FVIP providers advocate that offenders of family and domestic violence be held accountable. FVIP providers should never collude with participants, minimize, tolerate, or justify abusive and unacceptable behavior.3. FVIP providers consult with victim advocates to ensure quality programming.4. FVIP providers consistently act and communicate in ways that do not perpetuate discriminatory behavior, attitudes, or bias. FVIP providers treat all with dignity.5. FVIP providers are not advocates or legal witnesses on behalf of participants and shall use caution when responding to requests for assessments, impressions, opinions, information, or testimony. FVIP providers will not state or imply that program completion will result in non-abusive behaviors or victim safety.6. Anger management programs, couples counseling, and psychotherapy are not appropriate interventions for family and domestic violence and may place the victim at heightened risk. Ending violence and abuse and ensuring victim safety takes precedence over efforts to save relationships.7. Educational group sessions must be the primary approach to family and domestic violence intervention. Substance abuse treatment, addictions treatment, and individual treatment are not appropriate interventions for family and domestic violence. However, providers may find participants benefit from these interventions separately, but only in addition to participation in an FVIP.8. FVIPs alone do not create accountability. FVIP providers collaborate with community partners and participate in a larger coordinated community response to family and domestic violence.(j) Background Check Requirement. All program owners, operators and designees shall undergo a comprehensive criminal background, temporary protective order, and driver history check. Program owners, operators and designees may be subject to additional background checks at any point during their period of certification. All background checks will be conducted by the Department. 1. Program owners, operators, and designees shall provide the Commission details of any of the following: i. Conviction, guilty plea, or nolo contendere plea for any felony or misdemeanor.ii. Adjudication of guilt withheld for a felony or misdemeanor, including first offender act and conditional discharge sentencing.iii. Current charges of a violation of law.iv. Reports to the Department of Family and Children's Services for child abuse or neglect.v. Protective orders issued against them, or bond conditions resulting from an arrest.vi. A finding of family or domestic violence made in divorce, custody, or visitation proceedings.vii. Any sanctions and revocations imposed by any professional licensing boards.(k) Notification of Arrest Requirement. FVIP owners, operators and designees shall report to the Commission by the next business day after release any arrest.(l) Notification of Temporary Protection Order Respondent Requirement. FVIP owners, operators, and designees shall report to the Commission any temporary protection or stalking orders of which they are a respondent by the next business day after service of the order.(m) Coordinated Community Response Requirement. Program owners, operators, or designees shall participate in the Community Task Force on Family Violence and be a part of the coordinated community response to domestic violence in every judicial circuit in which they are certified. Evidence of program owners, operators and/or designees (other than a facilitator or manager) participating in two (2) coordinated community response meetings annually shall be submitted to the Commission upon recertification. If no such body exists, the applicant shall attend other family violence community meetings for this requirement or may request from the Commission these hours be met through domestic violence court observations, law enforcement ride-alongs, or volunteering with a domestic violence advocacy program.(n) Program Certification Schedule and Fees. The Commission will review applications for initial program certification two (2) times a year. Each applicant will be required to submit a $250.00 nonrefundable certification fee per requested judicial circuit with their application.(2) Recertification Required. Once certified, an FVIP shall remain certified for two (2) years as long as the program remains in compliance with applicable laws and rules. Recertification every two (2) years is required for FVIP programs in order to continue to hold FVIP classes. The failure or refusal to maintain certification with the Commission while holding FVIP classes shall subject the program or individuals to sanctions provided in these rules. (a) Required Documentation for Program Recertification. The Commission will require that certain documents and information be updated to verify continuing compliance with these rules. Such documents and information shall include, but are not limited to: program locations, class schedules, class fees, indigent fee reduction plans, proof of general liability insurance, valid contract with an approved victim liaison, evidence of participation in two (2) meetings of the local coordinated community response to family violence annually, program curriculum, and a valid Principles of Practice agreement.(b) Recertification Schedule and Fees. Certified FVIPs shall complete and submit to the Commission the required application and documents and $250.00 per judicial circuit every two (2) years. There will be a $200 late fee for FVIPs who submit their application within thirty (30) calendar days after the recertification due date. After thirty (30) calendar days of the recertification due date, FVIP certification will be suspended and there will be an additional $200 reinstatement fee if all recertification requirements are met within sixty (60) calendar days.(c) Action Required by Currently Certified Programs by December 30, 2019. 1. All programs currently certified by the Commission shall be provided the opportunity to maintain certification upon providing the Commission with the requested information by October 30, 2018. Certification dates will be reassigned to programs based on their current recertification dates in order to stagger distribution of certification of programs. Programs with certification or recertification dates in 2017 will be assigned recertification dates of January 1, 2020. Programs with certification or recertification dates in 2018 will be assigned recertification dates of January 1, 2021. (a) The Commission will require that certain documents and information be updated and submitted to the Commission to verify compliance with these rules. Such documents and information shall include, but are not limited to: program locations, class schedules, class fees, indigent fee reduction plans, proof of general liability insurance, valid contract with an approved victim liaison, a valid Principles of Practice agreement, and contact information for the program owners, operators and/or designees (other than a facilitator or manager) who will be responsible for attending Community Task Force on Family Violence meetings.(3) Notice of Approval or Denial of FVIP Certification and Recertification.(a) Upon receipt of all required application materials, the Commission will undertake a review of the application materials for purposes of determining whether the program meets all certification or recertification requirements. The Commission will notify the applicant within thirty (30) calendar days of receipt of materials if the application has been approved or denied, if the application is incomplete, or if the Commission requires more time to process the application.(b) If the Commission determines all program certification or recertification requirements have been satisfied as set forth by law and in these rules, the Commission shall certify or recertify the program. The Commission will notify the program of their initial certification via certified mail at the address provided in the application. The Commission will notify the program of their recertification via the Commission designated reporting system.(c) If the Commission determines all program certification or recertification requirements have not been satisfied, the Commission will advise the applicant of the reasons for its decision to deny program certification or recertification. New applicants will be notified via the email address provided in the application. Certified programs seeking recertification will be notified via the Commission designated reporting system. The applicant will then have ten (10) business days from the date of the Commission's notification of denial of certification or recertification to submit additional documentation, correct deficiencies, or otherwise complete the application as may be required by the Commission. If the applicant again fails to demonstrate compliance with all certification or recertification requirements, the application shall be denied.(d) Denials may be appealed by following procedures required by law and these rules.(e) It is the responsibility of applicants and program owners, operators, and designees to submit and maintain their current mailing address and email address with the Commission as any and all correspondence will be sent to the mailing address and email address on file.(4) Certification Nontransferable. Certification of a program is nontransferable. If there is a change in program ownership, an application for initial certification shall be submitted to the Commission by the proposed program provider at least sixty (60) calendar days prior to the effective date of any change in program ownership. New FVIP providers must meet all certification requirements.Ga. Comp. R. & Regs. R. 105-3-.06
O.C.G.A. §§ 19-13-11; 19-13-13(a)& (b); 19-13-14(a), (d) & (e); 19-13-17 .
Original Rule entitled "Certification Requirements for Family Violence Intervention Program Owners" adopted. F. Dec. 3, 2018; eff. Dec. 23, 2018.