03-201-15 Me. Code R. § 2

Current through 2024-51, December 18, 2024

Section 201-15-2 - Certification

2.1Oversight of the Maine Standards for Domestic Violence Intervention Programs

A. The Department of Corrections ("DOC") shall be the lead agency responsible for implementation of these standards, pursuant to 19-A M.R.S.A §4116, coordinated through its Director of Victim Services.

B. The DOC, in consultation with the Maine Commission on Domestic and Sexual Abuse, shall develop and, on a biannual basis, review a certification process for DVIPrograms. The review process may include input from representatives of the following agencies and organizations and any others deemed appropriate by the DOC:

1. domestic violence centers;

2. domestic violence intervention programs;

3. the judicial system;

4. local, county, and State law enforcement agencies;

5. victims of domestic abuse;

6. health and human service agencies;

7. schools;

8. hospital emergency departments;

9. community corrections;

10. groups working with victims of child abuse;

11. groups working with victims of sexual abuse;

12. organizatons coordinating supervised visitation; and/or

13. organizatons providing services to diverse populations.

C. Only DVIPrograms that hold a current certification granted by the DOC shall be utilized for court referrals, since, as provided by 17-A M.R.S.A. §1807(2) (D-1), a court may not order and the State may not pay for a person to attend a domestic violence intervention program, as a condition of probation, unless the program is certified under Title 19-A M.R.S.A. §4116. While most participants are court referred, DVIPrograms are not limited to court referrals.

2.2Application for Certification

A. Each DVIProgram requesting certification or renewal of certification shall submit a completed application to the DOC containing all of the information requested, to include, but not be limited to:

1. demonstration of the DVIProgram's ability to meet these standards;

2. an overview of the DVIProgram's content;

3. proof of successful completion for all DVIProgram educators of a national domestic violence intervention training or similar training recommended by MCEDV or WWC and approved by the DOC;

4. documentation of a working agreement with the local DVC in each county the DVIProgram may operate in or request for waiver of this requirement providing specific reasons for the request;

5. documentation of a working agreement with the DOC Regional Correctional Administrator for each adult community corrections region the DVIProgram may operate in;

6. demonstration of the need for a DVIProgram, or another DVIProgram, in the geographic area (initial certification only);

7. name, address, and telephone number of the DVIProgram and all sites;

8. a statement of ownership of the DVIProgram that discloses the names, addresses, and telephone numbers of all owners, directors, and officers of the corporation, and any members of any governing or advisory boards;

9. identification of the DVIProgram's intended participant population, the curriculum to be used, and how the DVIProgram will serve that population; and

10. detailed outline of program format for both in-person and videoconferencing attendance which complies with Section 4.1.A, including eligibility, coordination, collaboration, and notification. (DVIPrograms are not required to offer videoconferencing, and the provision of videoconferencing is at the discretion of the DVIProgram, unless required due to a state of emergency as outlined in Section 11.)

B. A DVIProgram shall be assessed an application fee for initial certification or renewal of certification.

C. Certification of a DVIProgram shall be for a period of two years unless revoked or suspended as outlined in these standards.

2.3Denial of, Refusal to Renew, or Suspension and/or Revocation of Certification

A.Definitions

1.Denial: action taken by DOC to not initially certify a DVIProgram.

2.Refusal to Renew: action taken by DOC at the end of a two year certification period rejecting a DVIProgram's application for renewal.

3.Suspension: action taken by DOC in lieu of revoking or refusing renewal of certification that stipulates the DVIProgram must correct the noted deficiencies within the time specified.

4.Revocation: action taken by DOC removing a DVIProgram's certification after the DOC has certified the Program, but before the DVIProgram's two year certification has expired.

Any of these actions make the affected DVIProgram ineligible to receive any court referrals unless and until the program is certified, its certification is renewed, or the suspension is lifted, whichever is applicable.

B. Each of the following, in and of itself, may constitute full and adequate grounds on which to deny, refuse to renew, suspend, or revoke certification to operate a DVIProgram:

1. failure to submit information required for certification;

2. failure to meet any of these standards for DVIPrograms;

3. denial of entry to DOC staff to conduct site visits or inspections or any other attempt to impede the work of staff of the DOC;

4. obtaining or attempting to obtain certification by fraud, misrepresentation, or by the submission of incorrect, false, and/or misleading information;

5. criminal conduct by the owners, administrators, or staff as set out in Section 4.5;

6. operation of a DVIProgram after the expiration of certification;

7. operation of a DVIProgram in a manner which fails to fulfill the terms of the DVIProgram - domestic abuse offender agreement; or

8. operation of a DVIProgram in a manner which endangers the health or safety of domestic abuse offenders and/or domestic abuse victims or current intimate partners of domestic abuse offenders.

2.4Recourse of Program when Certification has been Denied, Refused Renewal, Suspended, and/or Revoked

A. A DVIProgram the certification of which has been denied, refused renewal, suspended, or revoked by DOC shall receive in writing, by certified mail, a program compliance letter outlining the standards that the Program is not in compliance with and the time frames allowed to bring the DVIProgram into compliance.

B. The DVIProgram has 60 days from the date of notification of denial, refusal of renewal, suspension, or revocation of certification, whichever is applicable, to resubmit an application or provide additional information, as applicable, indicating that the DVIProgram has complied with the standards. The DOC Director of Victim Services, or designee, shall respond to this information within 60 days of receipt. If the response is to continue with the initial decision, it shall be by certified mail.

C. The DVIProgram may appeal that response by sending an appeal by certified mail to the DOC Commissioner of Corrections within fifteen days of receipt of the response.

D. The DOC Commissioner, or designee, has 60 days from receipt of a timely appeal to make a final decision, after consultation with the Maine Commission on Domestic and Sexual Abuse. There is no other administrative appeal allowed.

03-201 C.M.R. ch. 15, § 2