244 R.I. Code R. 244-RICR-00-00-2.4

Current through December 3, 2024

Section 244-RICR-00-00-2.4 - General Program Responsibilities

2.4.1General Mission

A. Program principles, practices, and organization shall incorporate awareness of and sensitivity to the needs of victims; hold batterers accountable for their own behavior; and report on offender compliance to the criminal justice system.

B. Batterers intervention programs shall have written policies reflective of the basic standards, program requirements, principles, and practices as set forth in this document. Programs shall maintain such written records of activities as needed to document compliance with requirements and standards, and shall provide reasonable access to representatives of the Committee to enable them to observe groups, review documents, and monitor compliance with the standards.

2.4.2Certification Application

Agencies or individuals interested in providing a batterers intervention program to mandated domestic violence offenders shall apply to the Batterers Intervention Program Standards Oversight Committee to be certified for that purpose. (Refer to Part 1 of this Subchapter.)

2.4.3Updating Programs

A. To the extent feasible, program managers shall strive to adopt evidence-based practice as it emerges, to update curriculum materials on an ongoing basis, to refine Facilitator techniques and methods, and to ensure that staff, materials and approaches reflect the best of current knowledge and understanding within the field.

B. Major program changes that contradict or are not otherwise consistent with the existing extensive Comprehensive Standards shall require requesting a variance [see Variances, § 2.9 of this Part].

2.4.4Changes in Business Operations

A. The Oversight Committee recognizes that programs will sometimes be faced with the need to make changes in scheduling, group composition, staffing, billing procedures, reporting procedures, and other operational details. Many such changes amount to relatively minor adjustments, while occasionally a program may find that it needs to terminate some or all of its services.

B. Consistent with good business and professional practice, program directors are requested to provide the Committee advance notice of significant changes whenever feasible, and to work with clients, referral sources, other programs and the Committee to provide as smooth a transition as possible.

1. For adjustments to group times and locations, programs shall notify all affected clients of changes as soon as possible, and provide alternatives (comparable groups and services) as feasible.

2. The Committee and all affected referral sources shall also be notified of changes as soon as possible.

3. Should a program anticipate terminating some or all of its services, it is requested that the program complete services with as many current clients as possible.

4. For program closures or schedule changes that would require a client to transfer to another program, programs shall notify affected clients and referral sources; such transfers shall be the responsibility of the referral source to arrange and/or approve. Cooperation and coordination among programs is requested as a professional courtesy. The sending program is requested to provide a summary of each client's attendance, cooperation, participation, number of sessions completed/number of unexcused absences, payment contract and account status. The sending program is also requested to advise clients, referral sources and the Oversight Committee of how to access closed records, if needed.

5. Any and all program changes that could have implications for certification status are required to be forwarded to the Oversight Committee for review. Examples of such matters to inform the Committee about (with advance notice, when possible) include but are not limited to changes in director, program affiliation, or organizational identity; changes or additions among individual staff or staffing patterns; significant modifications to curriculum; and other changes of substance. [See the Rules of Practice and Procedure, and Comprehensive Standards section on Facilitator Qualifications, Supervisor Qualifications, and Curriculum §1.3.2(C) of this Subchapter.]

6. Programs anticipating a change in business entity (including but not limited to the examples described above) should be aware that the certification status and/or certification application process shall be impacted as a result of changes in business entity [see the Rules of Practice and Procedure for details, Part 1 of this Subchapter].

2.4.5Client Records, Reports and Discharge

A. Individual participant records (paper and/or computer files) shall be maintained by batterers intervention programs throughout the individual's enrollment in the program. All such individual records shall be maintained in a secure, confidential, and private manner, for a minimum of three (3) years and until such time as they are destroyed.

B. Individual participant records (paper and/or computer files) shall include a referral form (if applicable), police report (if available), signed authorization for release of confidential information, individualized contract, records of fee payment and/or compliance with other compensation alternatives, monthly progress reports, and discharge or termination summary.

C. Batterers intervention programs shall evaluate participant progress and shall compile status reports at a minimum interval of once monthly. Such reports shall be made a part of the individual's record, and shall be provided as appropriate to the referral source and/or the court that has jurisdiction. Reports shall address the client's attendance, missed sessions (excused and/or unexcused), cooperation, participation, and contract compliance.

D. Upon a client's completion of the required 40 hours of group, programs shall provide a written discharge summary to the referral source. In addition, the program shall provide a notice of completion to the client.

E. Upon unsatisfactory or premature termination of a court-mandated batterer, the program shall notify the referral source the next business day, or as soon as feasible, and shall provide a written discharge summary. Reasons for such unsatisfactory or premature termination shall be specified.

F. Programs shall maintain reports of unusual incidents involving clients. As appropriate, such reports shall be forwarded to the referring agent and/or court having jurisdiction, police, victim advocates, or other parties with a need to know.

2.4.6 Responsibilities to Victims and the Community

A. Batterers intervention program staff are obligated to report any imminent threat to harm self or others. Such threats shall be reported to the police immediately, and reasonable efforts shall be made to notify any identified victim. Adult Probation and Parole and/or other referral source shall be notified as soon as possible. Illegal, dangerous, or threatening behavior that does not appear to pose an immediate credible risk of harm shall be reported to the appropriate individuals and/or authorities within a reasonable time frame, according to the nature of the behavior.

B. Batterers intervention programs are not encouraged to seek contact with victims or family members of clients. However, response to contact initiated by victims or family members, and all other activities of batterers intervention programs, shall be guided by principles of victim and community safety.

1. Programs shall inform victims with whom they have contact that completion of a batterers intervention program is not a guarantee that the abuse will stop; and shall articulate to such victims that being non-abusive requires long-term commitment and continuing effort on the part of the batterer.

2. Programs that are contacted by victims may provide information about the specific intervention program and batterers intervention in general, and referrals for victim services from local domestic violence service programs. Brochures and updated lists of local domestic violence victim services are available through the Rhode Island Coalition Against Domestic Violence and/or its member agencies.

3. Victims contacting programs with inquiries about specific batterers shall be referred to Adult Probation and Parole and/or other referral source. Victims shall be offered referral information for victim service programs.

4. Batterers intervention programs shall not ask a victim to support a batterer's participation in the program, financially or otherwise.

C. If an agency offers a batterers intervention program and also provides services to victims or family members, or is knowingly located in close proximity to victim service providers, the following safety precautions shall be in place:

1. All reasonable efforts shall be taken to avoid having batterers and victims present in the same location in order to preserve victim safety and privacy.

2. Particular program staff providing services to batterers and victims or family members shall not provide services to both members of a victim/perpetrator relationship, at least until after completion by the abuser of a batterers intervention program.

3. Program staff providing services to victims shall not share information about individual victims with batterers intervention staff.

D. Programs shall work cooperatively with shelters for victims of domestic abuse, victim advocates, the criminal justice system, and task forces formed on behalf of victims of battering, as feasible.

E. Program staff shall maintain familiarity with state laws regarding domestic violence and protective and no-contact orders; maintain a resource library for referrals for victims to advocates, support services, shelters, and access to protective orders; and be familiar with local law enforcement, prosecution, and court policies regarding domestic violence cases.

F. Programs shall establish and work to maintain linkages with the courts, probation and parole, law enforcement, and other segments of the criminal justice system; and shall, with proper releases, report each batterer's compliance with program and mandated requirements.

2.4.7Confidentiality and the Limits of Confidentiality

A. As clients of a social service agency, batterers are entitled to reasonable privacy and confidentiality, including protections provided by law, regulation, and ethical considerations. However, public safety concerns result in limitations on confidentiality.

1. Batterers intervention programs shall develop and implement written policies that require mandated batterers upon enrollment to provide written and signed authorization to release confidential information regarding program enrollment, attendance, cooperation, participation, and contract compliance for the purpose of reporting to Probation and Parole or other referring agency, the court having jurisdiction, and other law enforcement entities.

2. Enrolled batterers shall be informed that dangerous, threatening, or illegal behavior within the batterers intervention program or coming to the attention of program staff shall not be considered confidential; and that such information shall be communicated to appropriate individuals and authorities.

3. Programs shall notify Probation and Parole and/or other referral sources when court mandated batterers are terminated from the programs prior to completion.

4. If audio or videotaping is done of groups for release in the public arena, consent shall be secured from the identified victims of participants, as well as from the participants themselves.

5. Batterers intervention programs that conduct research, participate in research, and/or provide data to researchers shall ensure that the research protocols disguise or eliminate identifying information related to batterers and victims.

6. Programs requesting certification shall provide reasonable access to individuals authorized by the Batterers Intervention Program Standards Oversight Committee for the purpose of program review and certification. Such individuals shall be permitted to review client and program records, observe group sessions, conduct staff and/or client interviews, and perform other activities as part of the certification process and in accordance with duly established procedures.

7. With the indicated exceptions, client information and records shall be kept strictly confidential.

2.4.8Complaints

A. Batterers intervention programs shall develop a mechanism for considering and responding to written complaints from batterers, victims or other individuals regarding staff conduct, program practices, or other substantive matters. Program participants shall be informed that there is a process for filing such a complaint with the program, the details of which shall be made available to any interested person.

B. Records shall be maintained for a minimum of three (3) years for each written complaint, how it was handled, and whether there was a disposition, decision, or other outcome within the program.

C. If a complaint is not resolved by the program to the satisfaction of the complainant, and if the complaint is related to the Comprehensive Standards, the complainant shall be informed that he or she can refer the matter to the Batterers Intervention Program Standards Oversight Committee. The program will be asked by the Committee to report what efforts were made to resolve the matter internally.

2.4.9 Non-Discrimination/ Legal Requirements

A. Batterers intervention programs shall maintain written policies and shall implement practices that prohibit discrimination against victims, batterers, staff, or other individuals on the basis of race, class, age, gender, marital status, sexual orientation, physical or mental ability, religion, ethnicity, or political affiliation. This listing is not limiting in scope and all written policies on non-discrimination must abide by federal and state law.

B. Agencies and individuals providing batterers intervention programs shall be responsible to meet their obligations under existing laws, regulations, or requirements related to facilities, personnel, clients, conduct of business, and any and all applicable rules, independent of the authority and responsibility of the Batterers Intervention Program Standards Oversight Committee.

244 R.I. Code R. 244-RICR-00-00-2.4

Adopted effective 1/20/2019