Section 244-RICR-00-00-1.12 - Variances1.12.1DescriptionA Variance is the means by which a batterers intervention program may request modification of one or more specific standards for a particular identified purpose and within required guidelines, as described below and in the Comprehensive Standards. Variances are intended to be limited in scope and must be compatible with the overall intent of the Comprehensive Standards. Variances are not intended as a means to circumvent or to secure a waiver from existing standards; rather, they establish alternative standards within a specific context. Variances offer batterers intervention programs an opportunity to propose and (if granted) to implement a modified program approach, curriculum content or format to fulfill particular needs that cannot be met within the confines of the established Comprehensive Standards, or that could be met substantially better in a different way without adverse effect. Any variance must be specifically requested by the program, must be justified by the program, and must be shown to have no detrimental effect on the substance of the program.1.12.2ProceduresA. The executive director, president, or other person who is empowered to act on behalf of a certified batterers intervention program may request a variance by applying in writing to the Committee Chair. The proposal shall indicate the specific standard(s) the program proposes to modify; the nature of the modification(s) proposed; the purpose of the modification(s) proposed; the desired outcome or anticipated benefits; potential obstacles or adverse effects; and plans for tracking and reporting impact of modification. Refer to the Batterers Intervention Program Comprehensive Standards for a suggested format, and additional descriptive information regarding purpose(s) and requirements for proposed variances.B. The Chair shall refer such proposals to an appropriate Subcommittee for review and consideration. The Subcommittee shall review the variance proposal at its next scheduled meeting, or within eight (8) weeks, whichever comes first. Subcommittee members shall identify one (1) or more lead reviewers, who shall be responsible to contact the program representative to request any additional information or clarification needed.C. Once the Subcommittee is satisfied that the variance proposal package is complete and clear, members shall consider the request and make a tentative determination regarding the proposal. If the Subcommittee concludes that the proposal should not be recommended for approval, the lead reviewer shall notify the program representative of the reasons for that determination. The program representative shall be offered the opportunity either to submit a revised proposal to the Subcommittee, or to have the proposal as prepared referred to the Oversight Committee for formal consideration.D. The proposal shall be presented to the Oversight Committee at its next scheduled meeting following completion of the proposal package. The batterers intervention program representative shall be invited to attend and participate. The Oversight Committee shall make a determination as to whether the variance proposal shall be approved, tabled (with explanation) or denied (with explanation); or may make such determination conditional upon a certain time frame, further modification(s) to the proposal, or other limitations. Approval shall be accompanied by establishment of a time frame for the program to report back to the Oversight Committee, usually within six (6) to twelve (12) months following implementation of the proposal.E. The Oversight Committee is under no obligation to grant any variance from the established Comprehensive Standards. A program that is denied a request for a variance by the Oversight Committee may reapply for the same variance no sooner than six (6) months after the date of denial.F. Written notification of the decision shall be sent to the program within five (5) business days following the Oversight Committee meeting.G. A program that has been granted a variance shall be required to report back to the Oversight Committee any significant effects of program modifications, whether anticipated or unanticipated, positive or negative. Such reports shall be due within six (6) to twelve (12) months after implementation of the proposed modifications, as established at the time the variance is approved. However, exceptional positive or negative impact shall be reported as soon as possible, and no longer than two (2) months after becoming apparent.244 R.I. Code R. 244-RICR-00-00-1.12
Adopted effective 1/17/2019