Rule 105-3-.07 - Procedure and Class Requirements(1) Program Orientation Requirements. (a) Certified facilitators will conduct an orientation and/or application interview with candidates. Neither the orientation nor the application interview will count toward the twenty-four (24) class requirement. The orientation and/or application interview shall include determining previous incidents of abuse, identifying the source of referral, and obtaining victim contact information.(b) Certified facilitators shall require candidates to provide copies of any police reports, protection orders, probation conditions, and any other court orders related to their case prior to starting FVIP classes.(c) Certified facilitators may use assessment tools for evaluating candidates for the appropriateness of FVIP classes.(d) Certified facilitators may not use evaluation tools or clinical assessments for the purposes of predicting a candidate's or participant's future use of violence or propensity for violence.(e) Certified facilitators shall assess candidates for accessibility requirements under state law.(f) A Victim Contact Request Form must be sent to the victim liaison within five (5) calendar days of a participant's enrollment in the FVIP. Requirements for this form can be found in the Department SOP.(2) Participant Fee Requirements. (a) FVIPs shall not charge participants a fee that exceeds $60.00 per class or $120 for orientation and/or application interview.(b) Each FVIP will be assessed a $20.00 fee for each participant that is payable to the Commission within thirty (30) calendar days of issuance of an invoice. The Program shall enter the participant into the Commission designated reporting system by the tenth day of the following month when the participant enrolled.(c) If a participant re-enrolls in an FVIP after being previously terminated by that FVIP, the FVIP shall be assessed an additional $20.00 fee for the participant payable to the Commission within thirty (30) calendar days of receiving an invoice. The FVIP shall enter the participant into the reporting system by the tenth day of the following month when the participant re-enrolled.(3) Participant Contract Requirements. (a) FVIPs shall require each participant to sign a contract before being permitted entry into the program. The contract must require the participant to:i. Immediately stop all violence and abuse towards the victim and others;ii. Remove from the place of residence all firearms;iii. Remove from the place of residence any weapons used to harm or threaten the victim;iv. Respect any effort by the victim to leave the relationship;v. Attend twenty-four (24) ninety (90) minute group classes at the rate of one (1) class per week, arrive on time, participate regularly, pay all required fees, complete all assignments, and adhere to the contract;vi. Complete the program where the participant originally enrolled unless approval to transfer FVIPs is obtained from the court, other referral source, or the Commission;vii. Be drug and alcohol free during all classes;viii. Acknowledge that FVIPs do not limit confidentiality and may release information to victims, victim liaisons, referring courts, law enforcement, Commission staff and monitors, the Department, the Board of Pardons and Paroles and others;ix. Acknowledge the FVIP's duty to warn policy, mandatory reporting requirements, victim contact policies, programmatic response to continued violence and consequences of breaking the FVIP's participant contract.(4) Required Class Structure. (a) FVIPs shall require each participant to attend a minimum of twenty-four (24) weekly group classes. Participants may not attend more than one (1) class per week.(b) Classes shall be at least ninety (90) minutes in length. Administrative duties, including taking attendance and collecting fees, are prohibited during the ninety (90) minutes of instruction time. Breaks shall not be included in the ninety (90) minutes.(c) A certified facilitator may not hold a class with more than eight (8) participants if only one (1) certified facilitator is present. Two (2) certified facilitators may co-facilitate a class not to exceed sixteen (16) participants.(d) Participants may not have more than three (3) absences. A fourth absence must result in automatic termination from the FVIP.(e) Participants arriving late to class may attend class but not receive credit, and no payment shall be charged or received by the FVIP. If a participant is late to class three (3) times, it shall counted as one (1) absence.(f) Transfer of a participant to another program will not be permitted unless the transfer has been approved by the court, other referral source, or the Commission. If approved, the FVIP the participant is transferring from shall notify the victim liaison of the participant's transfer within four (4) calendar days. FVIPs who accept transferred participants must complete all procedures required of new participants.(g) All participants in a class must be of the same gender identity.(h) Intimate or ex-intimate partners are not allowed to participate in the same class.(i) Participants must attend class in-person. No online classes will be approved.(5) Prohibited Class Activities. (a) FVIPs shall not give participants credit for anger management, DUI, or any other class for attending an FVIP class, nor shall an FVIP give participants credit for attending an anger management, DUI or any other class.(b) FVIPs shall not allow participants to provide personal favors in lieu of class fees or attendance.(c) FVIPs shall not require or permit victims to attend or participate in orientation, application interview, class, or FVIP activities in any way.(d) FVIPs shall not permit participants to violate any FVIP rules, procedures, or participant contract requirements without escalating consequences up to and including termination from the program.(6) Criteria and Procedures for Program Completion.(a) Participants must complete a minimum of twenty-four (24) weekly classes that are ninety (90) minutes in length to complete an FVIP program.(b) FVIPs shall not issue certificates to participants who have completed the program.(c) Within four (4) calendar days, FVIPs must notify all referral sources, including the courts, the Department (if applicable), the State Board of Pardons and Paroles (if applicable), and the victim (via the victim liaison), of a participant's completion of an FVIP.(7) Criteria and Procedures for Terminating a Participant or Denying Enrollment of a Candidate. (a) Participants and candidates shall be terminated and/or denied for enrollment from the program for the following reasons:1. Participant or candidate is unwilling to sign the contract;2. Participant or candidate fails to abide by the rules and regulations of the FVIP, including participation, attendance, fee payments, or any other violations of the contract, including but not limited to: i. Continued use of multiple forms of violence or abuse towards the victim, any current family member or partner, FVIP staff, or FVIP participants,ii. Demonstrated unwillingness to change, by refusal to hear and act on feedback, blaming victims or external circumstances, or justifying abuse,iii. Attending class under the influence of alcohol or drugs,iv. Refusal to remove from the place of residence all firearms;v. Refusal to remove from the place of residence any weapons used to harm or threaten the victim;3. Participant accumulates four (4) absences from the class.(b) If an FVIP has determined that a participant will be terminated, the FVIP will notify the victim liaison with a notice of intent to terminate two (2) calendar days prior to terminating the participant, when possible.(c) If a participant is terminated due to violence or threats of violence, the FVIP shall immediately contact all referral sources, including the courts, the Department (if applicable), the State Board of Pardons and Paroles (if applicable), and the victim (via the victim liaison).(d) Within two (2) calendar days of terminating a participant, the FVIP shall notify all referral sources, including the courts, the Department (if applicable), the State Board of Pardons and Paroles (if applicable), and the victim (via the victim liaison) of a participant's termination from an FVIP.(e) If a participant is terminated, they are not eligible to receive credit for classes completed at the program they attended. Participants may not start a new program after being terminated without approval from the referral source.Ga. Comp. R. & Regs. R. 105-3-.07
O.C.G.A. §§ 19-13-11; 19-13-13(a)& (b); 19-13-14(a), (d) & (e); 19-13-17 .
Original Rule entitled "Procedure and Class Requirements" adopted. F. Dec. 3, 2018; eff. Dec. 23, 2018.