03-201-15 Me. Code R. § 3

Current through 2024-51, December 18, 2024

Section 201-15-3 - Coordinated Community Response to Domestic Abuse

3.1Goals

A. To end domestic abuse through meaningful reciprocal collaboration that focuses on victim safety and offender accountability.

3.2Coordinated Community Response to Domestic Abuse

A. DVIProgram staff shall consult, cooperate, and coordinate with representatives of the following agencies and organizations which are responsible for referral, oversight, monitoring, and/or accountability services:

1. domestic violence centers;

2. criminal legal system, including prosecutor's offices;

3. community corrections;

4. health and human service agencies; and

5. any other referral sources.

B. An effective response to domestic abuse relies upon a coordinated community response (CCR) in which community partners respond with consistent messages and interventions that prioritize victim safety and autonomy along with accountability for offenders. DVIPrograms with appropriate oversight and monitoring are an essential part of the CCR but cannot solve the problem of domestic abuse alone. As members of a CCR, DVIProgram staff are encouraged to consult, cooperate, and coordinate with representatives of the following agencies and organizations in addition to those listed in Section A:

1. other certified DVIPrograms;

2. groups working with victims of domestic abuse, including victim led groups;

3. schools, including community adult education programs;

4. hospital emergency departments;

5. groups working with victims of child abuse;

6. groups working with victims of sexual violence;

7. organizations coordinating supervised visitation;

8. organizations providing services to marginalized populations; and

9. other related services.

3.3DVIProgram - Domestic Violence Center Collaboration

A. The DVIProgram shall acknowledge the experience of victims, who are experts on their own safety, and the important role of the local DVC in responding to domestic abuse through:

1. consulting with the local DVC on all written curricula, publications, program format decisions, and public relations materials of the DVIProgram;

2. publicly acknowledging the contributions of the battered women's movement to their efforts and that DVIPrograms exist in support of the goals of the DVCs;

3. consulting with the local DVC when seeking funds in a way that competes with funding for the DVC;

4. always encouraging victims to contact their local DVC;

5. inviting the local DVC's advocates to attend DVIProgram groups;

6. participating in a community response to domestic abuse; and

7. negotiating an ongoing working relationship with the local DVC and integrating feedback in order to hold the DVIProgram responsible to the principles of victim safety and offender accountability, which are central to the movement to end domestic abuse, acknowledging that a working relationship may go beyond these standards.

3.4Victim/Partner Contacts

A. A victim/partner contact is the exchange of information between a victim or a current intimate partner of a domestic abuse offender and a designated representative of the local DVC and/or the DVIProgram as allowed in this standard.

B. The purpose of a victim/partner contact initiated by a DVC is to provide the victim or partner, as applicable, with:

1. support and validation;

2. information about the DVIProgram;

3. information about local resources for victims;

4. assistance in developing a safety plan; and

5. information about the DVC as an ongoing resource for victims.

C. Within seven days of enrollment of a domestic abuse offender in a DVIProgram, unless the time frame is modified by a working agreement with the local DVC, the DVIProgram shall provide the local DVC with the names of and all known contact information for:

1. the domestic abuse offender;

2. any adult or child victim identified in available police reports, during court proceedings, and/or by the referral source; and

3. any current intimate partner of the domestic abuse offender.

D. A DVIProgram shall initiate contact with a domestic abuse victim and/or current intimate partner, as applicable, in the following situations unless contact information is not available or as otherwise specified below:

1. as provided in Section 8 when a DVIProgram educator has a reasonable belief that a domestic abuse offender enrolled in the DVIProgram is likely to engage in physical violence that poses a serious risk of harm to the victim or partner;

2. to provide notification of the domestic abuse offender's admission into the DVIProgram, including start date and program format (by written communication only);

3. to provide notification of when the domestic abuse offender is discharged or is approved for a leave of absence from the DVIProgram (by written communication only); and

4. to provide notification of when a change in the format of DVIProgram classes occurs or when a change in format is made for the specific domestic abuse offender.

Note: If the victim is a child, depending on their age and circumstances, contact may be made indirectly by contacting a parent, guardian, or legal custodian.

E. Safety and applicable confidentiality laws must be considered in all contact made by DVIPrograms with victims and/or current intimate partners of domestic abuse offenders.

A DVIProgram must not initiate contact with a domestic abuse victim or current intimate partner if such contact would jeopardize the safety of the victim or partner, the domestic abuse offender, or DVIProgram staff, or would violate federal or state confidentiality laws.

F. Should a domestic abuse victim or current intimate partner initiate contact with a DVIProgram:

1. the victim or current partner, as applicable, must always be provided information about the local DVC for supportive services; and

2. when applicable:

a. the victim or partner must be advised about how to report a domestic abuse offender's conduct, including violations of probation conditions or bail or other court orders; and

b. the victim or partner must be informed about confidentiality policies that apply to disclosures made by domestic abuse victims or current intimate partners to DVIProgram staff.

3.5Financial Responsibility for DVIProgram - DVC Collaboration

Any costs incurred as the result of supervision, training, and/or monitoring by a DVC or a third party monitor of a DVIProgram shall be reimbursed by the DVIProgram, except for costs incurred by the DVC for providing services to partners in the context of their outreach efforts.

03-201 C.M.R. ch. 15, § 3