244 R.I. Code R. 244-RICR-00-00-2.6

Current through December 3, 2024

Section 244-RICR-00-00-2.6 - Client Enrollment Requirements

2.6.1Identified Problem and Referrals for Other Services

A. Batterers intervention programs shall only serve clients whose needs or problems relate to being the perpetrator of domestic abuse or domestic, interpersonal, or intimate partner violence.

B. Batterers intervention shall not provide services for: marital or couples problems; relationship or personal problems; anger management or impulse control; or substance abuse, mental health or medical needs. (See § 2.6.3 of this Part)

1. A client who is considered inappropriate for group participation based upon any pattern of behavior or any apparent medical, psychiatric, psychological, cognitive, language, communication, or physical condition or limitation deemed likely to interfere with the ability to participate meaningfully in group or interfere with the group process shall be referred to court through the referral source for a determination as to how to address the mandate for batterers intervention. The basis for considering the client inappropriate for group shall be provided to the court, along with potential alternatives, if any. The court shall be requested to determine whether alternative(s) might be acceptable in fulfillment of mandated batterers intervention, or whether batterers intervention by necessity should be waived for individuals functionally unable to participate. The program shall follow the ruling of the court.

2.6.2Referral/Transfer Procedures

A. Program shall provide written notification to referral source if program staff members become aware of co-occurring client problems and/or may believe that treatment is required for substance abuse, mental health problems, medical needs, or other problems beyond the scope of batterers intervention that could impact the individual's participation in batterers intervention. Program staff will work with referral source to determine how to address the co-occurring problems.

B. Program shall provide written notification, with explanation, to referral source should a client be deemed inappropriate by program for group participation based upon any pattern of behavior deemed likely to interfere with client's ability to participate meaningfully in group or interfere with the group process.

C. Program shall provide written notification to referral source should a client be adjudicated on a new domestic violence offense while enrolled in a batterers intervention program, or after having completed a program, consistent with the legal mandate (R.I. Gen. Laws § 12-29-5)

2.6.3 Intake Procedures

A. Batterers intervention programs shall make every effort to admit a batterer into a group within three (3) weeks of the batterer's initial enrollment. If the program projects that no group will be available within this time frame, the referral source shall be notified in writing.

B. At the time of enrollment, batterers intervention programs shall inquire whether the participant has been referred to the program as a result of court involvement. If so, the program shall promptly notify the referral source of enrollment (by telephone, fax, mail, or e-mail).

1. No batterers intervention program shall knowingly enroll a court-mandated individual who is currently enrolled in or has been referred to another program, or who has been discharged unsatisfactorily from another program, except with the express agreement of the referral agency and exchange of information with the sending program.

C. The intake process shall include:

1. Interviewing and gathering identifying information, a full history of abuse and other violence, social history, police report, arrest history, and other information as available;

2. Informing each client of the program rules and expectations;

3. Notifying the client of the limits of confidentiality; and

4. Review of all agreements and contracts as noted in § 2.6.5 of this Part.

2.6.4Fees/Compensation Policy

A. Batterers intervention programs shall require that all mandated batterers pay fees for the programs, in accordance with R.I. Gen. Laws § 12-29-5.2.

B. Each program is to accommodate varying levels of ability to pay by means of sliding fee scales, in accordance with R.I. Gen. Laws § 12-29-5.2.

C. Programs may elect to offer alternatives to payment in the form of community restitution required and/or deferred payment for a portion of the fees, in accordance with R.I. Gen. Laws § 12-29-5.2.

D. No program or program staff member may accept or allow personal services from a client to substitute for any portion of fees or legitimate alternatives to compensation.

E. Program shall develop explicit written policies detailing client fees, potential fee adjustments and alternatives, information required from the client, and consequences for non-compliance with the contract.

F. The program shall maintain a file record of compensation by the client: that is, all monetary payments made by or on behalf of the client, and/or a file record of each activity completed by the client as an agreed-upon alternative to a portion of fees (community service or other).

G. The program shall provide a receipt to the client for each fee payment and/or contracted alternative activity completed and documented by the client.

H. The program shall provide a record of client fees and/or alternatives to the referring agency if requested or appropriate.

I. Programs shall make their fee schedules and compensation policies available as requested to the referring agency and/or the court having jurisdiction.

2.6.5 Client Agreements and Contracts

A. Upon enrollment, each client shall be provided with the program's rules of conduct and any other program documents as well as written agreement (s) and/or contract(s).

1. Program representative shall explain/review all documents and agreement (s) and/or contract(s) in detail with client.

2. All agreements/contracts shall be signed by both client and a program representative. The program representative's signature shall attest to having read and explained the agreement to the client, and having provided a copy to the client.

3. The written agreement(s) and/or contract(s) shall include (but are not limited to):

4. A section explaining program expectations including:

a. In order to successfully complete the mandated batterers intervention program, the client is required to attend a minimum of forty (40) hours over the course of twenty (20) weeks or longer, and to participate meaningfully to the individual's capacity; except under unusual circumstances, which would require approval by the referral source, all forty (40) hours must be completed at the same program. Discharge from the program prior to completion will result in immediate notification to the referral agent.

(1) Any client who is adjudicated on a new domestic violence offense while enrolled in a batterers intervention program, or after having completed a program, shall be required to re-enroll and complete an entire program.

(2) Completion of a batterers intervention program is not a guarantee that the abuse will stop, and that being non-abusive requires a long-term commitment and continuing effort on the part of the batterer.

(3) The agreed-upon fee and/or compensation alternatives;

b. The required means and time frame for fee payment and/or completion of other alternatives;

c. The means and responsibility for the client to notify the program immediately if unable to meet the agreed obligations.

d. Release of information signature sheet;

e. Attendance requirements;

f. Rules of conduct.

2.6.6Release of Information

A. Each client shall be required to complete authorized release forms for confidential information sharing, including: reports of client attendance, missed sessions, cooperation, participation and contract compliance between the batterers intervention program and the referring agent and/or court having jurisdiction.

B. Batterers intervention programs shall request an authorized release from the referral source allowing the referral agent to provide to batterers intervention programs reports of criminal history and dispositions, police reports, compliance with court-ordered sanctions, and other appropriate information.

2.6.7Fees Contract

A. Fees contract shall include:

1. The fee or range of fees for intake/registration, group sessions, and any other services related to the batterers intervention program.

2. The specific fee(s) and/or alternative(s) agreed upon by the program and the individual client.

3. A clear explanation of how the actual fee is determined for each individual client, specifying the evidence, documentation or other information needed from clients for determination of any reduction of fees.

4. Any alternative(s) available at the option of the program for qualifying individuals, either to substitute for full fees or to supplement reduced fees.

5. Deferred compensation or late payment agreement, subject to ongoing documentation of short-term lay-off, reduction in work hours, pending benefits or insurance settlement, or other time-limited circumstances.

6. The required means of fee payment (e.g., personal check, money order, cash) and time frame for fee payment (e.g., a maximum time period or dollar amount of arrearage tolerated); and/or required verification and time frame for completion of alternatives as delineated.

7. A statement of the client's responsibility (and notice of the means) to contact the program immediately if unable to meet the agreed obligations, whether temporarily or long-term, and to request reconsideration of the terms of compensation.

8. A statement of the client's responsibility to provide the program appropriate documentation or other evidence to demonstrate financial hardship, if an adjustment to fees and/or alternative(s) is being sought.

9. Notice to the client that the terms of the initial agreement and/or contract (and any revisions) may be made available as appropriate to the referring agent and/or court having jurisdiction, along with progress reports that include the client's compliance or non-compliance with the terms of the agreement.

10. Signature of the client, after having had the terms of the contract verbally reviewed and having indicated understanding and agreement.

11. Signature of a program representative, indicating that all of the terms of the agreement and/or contract have been discussed with and apparently understood by the client, that the signature of the client has been witnessed, and that the client is being provided a copy.

12. Any revisions to the compensation agreement shall result in a revised agreement.

2.6.8Compliance with the Fee Agreement and/or Contract.

A. Once a client and a program representative have agreed to and signed the terms of the client contract, the client may not be discharged for a documented financial inability to pay full fees if the client is otherwise compliant.

B. If an enrolled client provides reasonable evidence of a change in financial or other circumstances that interfere with the ability to fulfill the terms of the compensation agreement, the program shall work with the client to find mutually acceptable compensation terms.

C. If a client fails to make good faith payment or to complete other agreed-upon compensation alternatives as delineated in the agreement and fails to provide reasonable evidence of an inability to meet the terms of the agreement despite active efforts by the program to engage the client, then the program may discharge the client unsatisfactorily and inform referral source.

D. If an enrolled client is turned away from a group session and not allowed to participate specifically because of an arrearage, the program must demonstrate, in writing, to the referral source that program staff have made reasonable efforts to secure cooperation from the client in meeting contract obligations.

E. A program that discharges a client unsatisfactorily based in part or in whole upon non-compliance with the compensation agreement shall give timely notice to the referral source, and shall provide documentation of having made reasonable efforts to assist the client to become compliant.

2.6.9Attendance Requirements

A. Batterers programs shall be a minimum of forty (40) program hours over a minimum of twenty (20) weeks in duration.

B. Programs shall require that batterers arrive on time for all scheduled sessions.

C. All late arrivals shall be considered absences.

D. Each program shall maintain written policies defining excused and unexcused absences, and practices regarding making up late or missed sessions.

E. In most cases, absences for documented medical need, incapacitation, death in the family, required attendance at work, or other bona fide inability to attend may be considered excused, with verification provided to the program by the client.

F. All absences, excused or unexcused, must be made up, such that the participant attends forty (40) program hours. Programs shall determine how to manage make-up time by participants while maintaining group continuity.

G. At the discretion of the program, clients may be permitted to attend more than one (1) group session in a given week. The forty (40) program hours must encompass a minimum of twenty (20) weeks duration, except that the forty (40) hours may be completed in fewer weeks if the court-ordered term of probation is shorter than that.

H. Any client who has three (3) consecutive unexcused absences or who has four (4) unexcused absences in total shall be considered non-compliant and shall be dismissed unsatisfactorily. A program seeking to make an exception for specific reasons shall consult with the referring agency. The program shall maintain a composite file listing all such exceptions.

2.6.10Rules of Conduct for Group Participants

A. Batterers intervention programs shall develop written rules of conduct for all group participants. Upon enrollment, each batterer shall be informed of such rules and of the potential consequences for non-compliance. Non-compliance with program rules are grounds for termination from the program. Failure to comply could result in legal action, unsuccessful discharge, notification to the referral source and/or the court having jurisdiction, and/or being required to start the program over. At a minimum, program requirements for participants shall address the following:

1. Participants shall refrain from any and all violence, abusiveness and disruptive behavior during group sessions and while at the program site.

2. Participants shall attend all sessions free of alcohol, non-prescription drugs, prescription drugs used abusively, or any substance that could impair the ability to function or could jeopardize the safety of self or others.

3. Participants shall have no weapons in their possession while attending group.

4. Participants shall turn all cell phones and pagers off except in critical circumstances. Participants shall address these circumstances with the Facilitator at the beginning of the group session.

5. Participants shall take full responsibility for their abusive behavior and make every effort to learn non-abusive alternatives.

6. Group members shall engage in full and active participation to the best of their ability including responding to Facilitator questions, contributing to discussions, completing in-group and homework assignments, and taking part in interaction with the Facilitator(s) and/or other group members as expected by the program.

7. Group members shall inform the Facilitator if there is another group member with whom they share a pre-existing and ongoing professional or business relationship, substantial social interaction, or family relationship. The Facilitator shall determine whether the nature of the relationship is such that transfer of one of the members to another group would be advisable.

8. Group members shall be instructed to maintain confidentiality regarding personal information and identity learned from or about any group member.

244 R.I. Code R. 244-RICR-00-00-2.6

Adopted effective 1/20/2019