03-201-15 Me. Code R. § 11

Current through 2024-51, December 18, 2024
Section 201-15-11 - Declaration of State of Emergency
A. This section may be invoked by the DOC in the event that the Governor has declared a State of Emergency or at the discretion of the DOC, in consultation with the Maine Commission on Domestic and Sexual Abuse, in order to respond to serious health and safety risks.
1. A DVIProgram shall, if possible, be held in an in-person group format that complies with all guidelines relating to the State of Emergency or as determined by the DOC, as applicable.
2. If it is not possible for a DVIProgram to hold an in-person group that complies with all such guidelines, the DVIProgram shall offer a video conferencing group.
3. If a domestic abuse offender or the DVIProgram has reasonable and articulable health and safety related concerns related to another specific offender, the DVIProgram shall inform the referral source, and the domestic abuse offender shall be given the option to participate with an in-person group via video conferencing or to participate in a video conferencing group, as applicable.
4. Participation in a group via video conferencing must be on camera for the full duration of the class, except as outlined in section 11. A.6, or as otherwise approved by the educator(s).
5. Participation via video conferencing must be in real time only. There shall be no recording of a video conferencing class except for quality assurance purposes by educators and/or monitors only. Recordings must not be disseminated. Each DVIProgram shall have a protocol in place to ensure that any recording is destroyed within 30 days after the recording is made.
6. If a domestic abuse offender for whom there are health and safety related concerns does not have access to video conferencing technology, the domestic abuse offender may be given the option to participate via a phone call to an in-person group or video conferencing group. The use of this option to deliver the program must occur only in consultation with the referral source and must be limited to only that period of time necessary to allow the domestic abuse offender to gain access to video conferencing technology.
7. A DVIProgram must notify victims, current intimate partners, the local DVC, MCEDV, and DOC about any changes to the DVIProgram format, unless notification would jeopardize the safety of a victim, a current intimate partner, the domestic abuse offender, or DVIProgram staff, or would violate federal or state confidentiality laws.
8. Notification must include information about local victim advocacy services. The DVIProgram shall provide all known victim and current intimate partner contact information to the DVC so that a victim advocate may contact the victim and/or current intimate partner, unless the contact would jeopardize the safety of the victim, the partner, the domestic abuse offender, or a victim advocate, or would violate federal or state confidentiality laws;.
B. These standards must be followed in all other respects.

03-201 C.M.R. ch. 15, § 11