03-201-15 Me. Code R. § 4

Current through 2024-51, December 18, 2024

Section 201-15-4 - DVIProgram Model

4.1DVIProgram Format

A. DVIPrograms must:

1. be held in an in-person group format unless the DVIProgram permits videoconferencing as noted in its application for certification or renewal of certification under Section 2.2.A.10. or the program is granted a waiver by DOC;

2. consist of one or more groups with no more than 17 participants nor fewer than 3 participants enrolled per group, unless the program is granted a waiver by DOC;

3. be educationally oriented;

4. be restricted to domestic abuse offenders;

5. have same gender group(s) only;

6. have rolling or open admission;

7. be held in real time only (synchronous); and

8. if the format is videoconferencing, have participation be on camera for the full duration of each class except as otherwise approved by the educator(s).

B. DVIProgram Educators

1. Except as set out below, a group must be co-educated by both a male and a female co-educator, unless the program is granted a waiver by DOC. "Co-educated" means that each co-educator contributes substantially equally in the facilitation process.

2. A group serving female domestic abuse offenders may be co-educated by two female co-educators.

3. At the discretion of the DVIProgram Director, an exception to the co-education requirement may be made for an individual class or classes to accommodate special circumstances, including, but not limited to, illness, vacation, weather, etc.

4. All co-educators must be appropriately trained in a a national domestic violence intervention training or similar training recommended by MCEDV or WWC and approved by the DOC.

C. There shall be no recording of any program activity except for quality assurance purposes by educators and/or monitors only. Recordings shall 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.

4.2Inappropriate DVIProgram Format

A. The following formats and methods must not be used by DVIPrograms:

1. individual counseling;

2. couples or conjoint counseling;

3. anger management;

4. systems therapy;

5. addiction counseling (identifying violence as an addiction);

6. family therapy;

7. medication management; or

8. asynchronous classes.

B. Unless specifically authorized in these standards or approved by the DVIProgram and local DVC, educators must not knowingly provide or maintain concurrent ongoing services to a domestic abuse offender and the offender's victim, current intimate partner, or minor child.

4.3Participant Population

A. These standards are specifically designed for adults who abuse their intimate partners, although other domestic abuse offenders may participate in DVIPrograms at program discretion.

B. DVIPrograms shall implement models that address the participant population served.

4.4Length of the DVIProgram

A. A DVIProgram must be a minimum of 48 classes over a minimum of 48 weeks in duration.

B. Each weekly session must be at least 90 minutes long, and the bulk of the session must focus on curriculum content.

C. Each participant's attendance must occur at a rate of one class per week.

D. The DVIProgram intake must not be considered one of the 48 weeks.

E. Domestic abuse offenders who have completed a minimum 48 week DVIProgram may be given the opportunity of voluntarily continuing their participation or returning to the DVIProgram at a later date.

4.5DVIProgram Staff Selection, Training, and Supervision

A. DVIProgram staff must not have been subject to any final PFA or PFH order for which the petitioning party was a family or household member or dating partner within the last ten years and must not be the defendant in a pending PFA or PFH proceeding for which the petitioning party is a family or household member or dating partner.

B. Staff must not have had any criminal conviction within the last ten years for any crime listed in Title 17-A, chapters 9, 11, 12, or 13 or sections 506, 506-A, 506-B, 511, 511-A, 554, 555, or 758 or substantially similar conduct in another jurisdiction.

C. Staff must not be on administrative release, probation, parole, supervised release for sex offenders, or other supervision post-conviction, bail conditions, or deferred disposition for any crime listed in Title 17-A, chapters 9, 11, 12, or 13 or sections 506, 506-A, 506-B, 511, 511-A, 554, 555, or 758 or substantially similar conduct in another jurisdiction.

D. A DVIProgram shall develop and maintain additional hiring criteria.

E. All DVIProgram staff having direct contact with domestic abuse offenders must:

1. receive training in a curriculum used by the DVIProgram that is based upon, and adheres to, models developed by nationally recognized programs or similar training in a curriculum determined to be sufficient by the DOC and that is consistent with these standards;

2. provide certification of completion of this training prior to or within 6 months of being hired to co-educate groups, unless the program is granted a waiver by DOC;

3. be provided with on the job training with an experienced supervisor, to include a minimum of observation of six sessions of a group, followed by co-educating an additional six sessions of a group with a trained experienced educator, prior to assuming responsibility for a group; and

4. attend a minimum of 6 hours per year continuing education on topics agreed upon by MCEDV, WWC, and DOC.

It is the responsibility of the primary supervisor of the DVIProgram to maintain all training records.

F. Any individual identified as the Program Director or a "primary supervisor" must have at least two years documented experience in the following areas:

1. direct work with victims;

2. direct work with domestic abuse offenders;

3. work with individuals in a group setting; and

4. supervision of employees.

4.6DVIProgram Curriculum

A. The DVIProgram must include at a minimum in its curriculum that:

1. stress, a life crisis, and substance use disorder are not causes of domestic abuse, but ongoing substance abuse increases the risk of re-offense;

2. domestic abuse is a choice a domestic abuse offender makes to exercise power and control over an intimate partner;

3. domestic abuse offenders are solely and exclusively responsible for their controlling and abusive behavior;

4. the effect of domestic abuse on victims, including children who witness abuse, is harmful; and

5. abuse is never justified.

4.7DVIProgram Fee

A. A DVIProgram may charge a fee for participation.

B. Except for federal, state, or charitable organization funding (which must not include insurance), a domestic abuse offender is solely responsible for paying any fee for participation in a DVIProgram.

03-201 C.M.R. ch. 15, § 4