244 R.I. Code R. 244-RICR-00-00-2.9

Current through December 3, 2024

Section 244-RICR-00-00-2.9 - Variances

A. Variances are accepted deviations from established standards for program content and/or format granted by the Oversight Committee in response to a specific request by a batterers intervention program to modify standards within a specific context. A batterers intervention program must request a variance in writing and receive approval prior to implementing any program feature that would not otherwise be consistent with the established Comprehensive Standards. Requests for variances shall be submitted to the Chair of the Oversight Committee. [See the Rules of Practice and Procedure, Part 1 of this Subchapter, for procedures guiding the granting of variances.]

B. Description

1. A 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 explained below. Variances are intended to be limited in scope and must be compatible with the overall intent of the Comprehensive Standards.

2. The Oversight Committee does not have the authority to waive the standards required by statute (R.I. Gen. Laws § 12-29-5).

3. Variances are not intended to be a means of circumventing or securing a waiver from standards, as for a program that is (temporarily or long- term) unable or unwilling to meet the existing Comprehensive Standards; rather, they establish alternative or modified standards within a specific context.

4. 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.

5. 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.

C. Purpose of Variance

1. The batterers intervention program must identify the particular purpose of the proposed variance to the satisfaction of the Oversight Committee, citing one or more purposes such as those described below.

2. To serve certain populations who would benefit from different content and/or format.

3. Treatment or education concerning such needs cannot substitute for batterers intervention. However, the approach to batterers intervention might be modified to accommodate the special needs of members with identified issues.

4. To test/implement new or different curriculum topic, content, approach, or format that would not otherwise conform to existing standards.

5. To enable structured research requiring modification of group content and/or format.

6. To respond to new, unforeseen or exceptional circumstances within the program or community.

7. To supplement - but not supplant - the statutory requirements.

D. Requirements for Proposed Variance

1. In requesting consideration of a variance, a program must be prepared to demonstrate to the satisfaction of the Oversight Committee, that the proposed modification(s) would continue to meet all statutory minimum standards.

2. A variance proposal is required to address each of the following to the satisfaction of the Oversight Committee:

a. The specific standard(s) the proposal would modify, citing each of the Comprehensive Standards involved by section and brief description.

b. The nature of the modification(s) proposed, being as specific as possible. Provide a suggested alternative standard the program would meet; variations in curriculum, format or approach; exemption(s) being sought; or other, as appropriate.

c. The reason for proposing the modification(s), citing purpose, intent or need.

d. The desired outcome or anticipated benefit(s).

e. Potential obstacles, adverse effects, or diminishing of benefit(s), with plans to mitigate such problems.

f. Plan for tracking and reporting all program modifications and their impact.

3. A program that has been granted a variance shall be required to report back to the Oversight Committee any significant effects of program modifications, anticipated or unanticipated, positive or negative. Such reports shall be due within six (6) to twelve (12) months, as established at the time the variance is granted. However, exceptional positive or negative impact shall be reported as soon as possible after becoming apparent.

244 R.I. Code R. 244-RICR-00-00-2.9

Adopted effective 1/20/2019