244 R.I. Code R. 244-RICR-00-00-1.3

Current through December 3, 2024

Section 244-RICR-00-00-1.3 - Provisional Certification

1.3.1 Description

A. Agencies or individuals seeking to become provisionally certified as batterers intervention programs shall submit an application and accompanying documentation to the Review Subcommittee of the BIPSOC. Applications shall be screened and representatives of the Oversight Committee shall attempt to resolve any incomplete, unclear or inconsistent items. Programs must be able to demonstrate through detailed documentation that they are in compliance with the statutory program requirements and with standards related to curriculum, staff qualifications, group format, program fee structure, and other standards specified in the provisional application.

B. Only after the Oversight Committee has conferred an award of provisional certification shall the program become eligible to receive referrals and provide batterers intervention services to court mandated domestic violence offenders whose cases are adjudicated or filed in accordance with the terms of R.I. Gen. Laws § 12-29-5. During the interim period of provisional status, the agency is expected to complete compliance with each of the Comprehensive Standards and to establish batterers groups, a sample of which the Review Subcommittee will then observe. On or before the expiration of provisional certification, and in order to qualify for comprehensive certification, the agency must demonstrate to the satisfaction of the Oversight Committee that it has met all of the Comprehensive Standards.

1.3.2The Application Process

A. Any interested person, agency or program can apply for provisional status as a batterers intervention program for court mandated domestic violence offenders. Interested parties are encouraged to contact the Committee and to discuss certification requirements prior to submitting an application. Applications and information are available through the Committee Chair: Shelley Cortese, c/o RI Department of Corrections/ Adult Probation & Parole, Bernadette Building, 15 Fleming Road, Cranston, RI 02920; Telephone: (401) 462-1619; Fax: (401) 462-0164; email: shelley.cortese@doc.ri.gov.; or through a successor designated by the Director of the Department of Corrections.

B. Application for provisional status consists of a completed application form signed by the program director or other authorized official and specified documents sufficient to demonstrate compliance with standards related to curriculum, staff qualifications, group format, program fee structure, and others as requested.

C. Documents to be submitted as part of the application package shall include but are not limited to the following items:

1. Facilitator Qualifications forms for each proposed Facilitator, Facilitator Trainee, and/or Student Intern Facilitator; and/or a detailed written plan to recruit qualified staff.

2. Supervisor Qualifications forms for each proposed Supervisor of Facilitators, Facilitator Trainees, and/or Student Intern Facilitators; and/or a detailed written plan to recruit qualified staff. Note: If an individual will be both a Facilitator and a Supervisor, both sets of forms must be completed.

3. A complete copy of the proposed curriculum with lesson plans, assignments, and handouts; modifications or alternate curriculum, if any, for special populations.

4. A copy of the proposed client service contract.

5. A copy of proposed rules for group participants.

6. A copy of proposed client notice of the limits of confidentiality, noting exchange of information with referral source(s) and reporting of dangerous, threatening, or illegal behavior.

7. A proposed schedule of intake and session fees; means of accommodating clients with varying ability to pay fees; sample fee agreement (if separate from the service contract); and any program policies and procedures regarding payment arrangements, fee adjustments, or alternative forms of compensation.

8. Documentation of the proposed group format, including at a minimum a description of the group psycho-educational approach; number and duration of sessions in a given program cycle; group size range; schedule of proposed group sessions with times and locations, and special populations as appropriate (e.g. groups for particular gender, cultural identity, language, or other population).

9. Copies of sample forms or document formats proposed as part of client records.

10. Listing of administrators, managers, directors, and/or owners associated with the proposed batterers intervention program.

D. The Review Subcommittee shall have the full application package available at the Oversight Committee meeting for each program whose certification application is being considered at that meeting. Committee members shall have the opportunity to review the application and supporting documents, if desired. Any duly authorized representative of the agency shall have the opportunity to present information, respond to questions, or describe aspects of the program, if desired.

E. In the event that any agency's application process becomes mired in persistently unresolved issues related to any agency's application or differences of opinion among Review Subcommittee members and/or between Subcommittee members and representatives of the agency, such issues shall be presented to the Oversight Committee. The referral to the Oversight Committee may be initiated by the Review Subcommittee or upon request of the applicant agency, after a reasonable effort to resolve the matter within the Subcommittee. Notice of the meeting shall be provided to such agency or individual, who shall be encouraged to attend. Members of the Oversight Committee may request additional information, offer suggestions, refer the matter back to the Review Subcommittee, or make decisions respecting the pending application process.

F. While the Review Subcommittee handles most of the preliminary preparation with the prospective programs, final decision-making authority rests with the Oversight Committee.

1.3.3Denial of Provisional Certification

A. Upon determination by the Oversight Committee that an applicant agency or individual has not satisfactorily demonstrated compliance with the indicated standards (or has not presented a well-developed written plan for program components not yet in place, such as recruitment of qualified staff), the Oversight Committee is empowered to deny provisional status, with or without a referral back to the Review Subcommittee for continued work with the agency. Any denial of provisional certification shall be made subsequent to a motion and vote conducted in a manner consistent with the By Laws and applicable regulations.

B. Within five (5) business days following an affirmative vote to deny provisional status for any program, the Committee shall send written notice of the decision to the designated contact person at the agency by certified mail, return receipt requested. The notice shall include a statement of the basis for the decision.

C. An agency or individual denied provisional status through this process shall be eligible to reapply for provisional certification or resubmit a revised application after a minimum of sixty (60) days from the date of denial. Review Subcommittee members shall continue to work with such a program toward provisional certification, subject to availability of Subcommittee members and program request.

1.3.4Awarding of Provisional Status:

A. Upon determination by the Oversight Committee that an applicant agency or individual has satisfactorily demonstrated compliance with the indicated standards (or has presented a well-developed written report for program components not yet in place, such as recruitment of qualified staff), the Oversight Committee is empowered to award provisional status. Such award shall be made subsequent to a motion and vote conducted in a manner consistent with the By Laws and applicable regulations.

B. Within five (5) business days following an affirmative vote to award provisional certification to any program, the Committee shall send written notice of the decision to the designated contact person at the program. Within thirty days (30), the Committee shall also notify and/or enable the provisional program to notify likely referral sources that the program has been certified as being eligible to receive referrals of domestic violence offenders for court mandated batterers intervention. To enable the program to make such notification, the Committee may provide business contact information from willing referral sources.

C. The award of provisional status is based on the Committee's review of the program and documentation demonstrating that it meets the requirements for a batterers intervention program that serves court mandated domestic violence offenders, including standards related to curriculum, staff and supervisor qualifications, group format, program fee structure, and others as indicated. The Committee reserves the right to verify compliance through requesting in-person appearance by program principals before the Committee, additional documentation, on-site program review including group session observation, and/or other means.

D. Programs that have been granted provisional status shall have six (6) months from the time that provisional status is conferred to complete compliance with each of the Comprehensive Standards in order to qualify for comprehensive certification, including satisfactory conduct of batterers intervention groups as determined through observation of a sample of actual group sessions by committee representatives [See Comprehensive Certification § 1.4 of this Part].

E. During the period of provisional status, the program shall be responsible to notify the Review Subcommittee when groups are in operation, and to plan for on-site observations of group sessions and other on-site program review in order to complete requirements for comprehensive certification.

244 R.I. Code R. 244-RICR-00-00-1.3

Adopted effective 1/17/2019