Section 0490-01-.03 - ETHICAL STANDARDS(1) The following ethical standards are recommended for all batterers intervention programs; they shall be mandatory standards for Certified Programs.(a) Before a batterers intervention program is established, local services should be available to victims of domestic violence.(b) Before a batterers intervention program can be certified, it must consult with battered women's programs serving the county or judicial district in which the program is located for the purpose of establishing procedures for ensuring victim safety and batterer accountability, as well as establishing a cooperative working relationship to invite monitoring, networking, information sharing, and mutual support between programs.(c) Batterers intervention programs shall have in place the following procedures:1. A procedure that ensures that any contact of victims by the batterers intervention program is done in a safe manner.2. A procedure to take reasonable steps to inform a victim about imminent danger to the victim or to anyone associated with the victim.3. A procedure for consulting with a local battered women's program or a Victim Advocate if there is a question as to whether to inform a victim about imminent danger to that victim or to anyone associated with that victim.4. A procedure for reporting threats or repeat acts of violence to appropriate authorities in the criminal justice system and, when necessary for victim safety, appropriate Victim Advocates.5. A procedure for reporting suspected child abuse and suspected elder abuse.6. A procedure for reporting any attempted self harm by the batterer.7. A procedure for handling batterers who are alcohol or drug impaired when they come to an intervention session.8. Written personnel policies that address sexual harassment within the organizational structure of which the batterers intervention program is a part.9. A procedure for sharing relevant information with law enforcement and judicial personnel responsible for monitoring batterers or responsible for victim safety, including probation and parole departments, the Department of Children's Services, and other governmental service providers involved with victims or batterers.(d) Victim confidentiality. Unless otherwise required by law or court order, the following procedures shall apply to protect victim confidentiality:1. Batterers intervention program staff shall not reveal information received from a victim or the current partner of a batterer without consent of that victim or current partner.2. Even with the consent of the victim or current partner of the batterer, the staff shall not use information that may jeopardize the victim's safety.3. Any files or other materials kept by the batterers intervention program that relate to a batterer, but that also relate to, or contain information on, a victim of a batterer shall be kept separate from batterer records, in locked files, in order to ensure the safety and confidentiality of the victim.(e) Research by batterers intervention programs should be carried out in a manner that insures victim safety.(2) Reporting obligations.(a) A batterers intervention program should have access to legal counsel for advice on its obligations and responsibilities concerning disclosure of information obtained during interventions. A batterers intervention program should undertake staff education concerning the following:1. The identification of domestic abuse, child abuse, elder abuse, or other abuse mandated by law to be reported to the proper authorities;2. Its obligation to report domestic abuse, child abuse, elder abuse, or other abuse mandated by law to be reported to the proper authorities;3. The nature of its legal obligations to ensure victim safety; and4. The nature of any confidentiality requirements that may apply to victims or batterers under federal or state law.5. The limitations on a batterer's expectation of confidentiality in information made available to the batterers intervention program, including those limitations in Rule 0490-1-.05(1)(b).(b) Nothing in these rules shall be construed to limit any statutory obligation to report abuse of any nature.(c) Nothing in these rules shall be construed to limit or to expand any confidentiality rights of victims or batterers under applicable federal or state statute or regulation.(3) Recommendations regarding sentences. Batterers intervention programs shall not present themselves as being qualified to make sentencing recommendations.Tenn. Comp. R. & Regs. 0490-01-.03
Original rule filed September 30, 1999; effective December 9, 1999.Authority: T.C.A. § 38-12-110.