Section 0490-01-.05 - PROGRAM STRUCTURE(1) Intake. Intake includes the referral into the Certified Program, a contractual agreement between the Certified Program and the batterer, screening of the batterer by the Certified Program, victim and partner contact by the Certified Program, and any referral of the batterer out of the Certified Program.(a) Referrals into the Certified Program.1. Certified Programs shall complete intake and expeditiously introduce the batterer into intervention classes.2. A batterer's failure to complete intake requirements within a reasonable period of time, as determined by the Certified Program, shall be reported within one week to the referral source in the criminal justice system.(b) Limited confidentiality. As a condition to participation in the Certified Program and to protect the safety of the batterer's victim and others, batterers shall be required to agree in the contract with the Certified Program that the batterer's expectation of confidentiality in certain information collected by, or that becomes known to the Certified Program, including information that may be subject to public records statutes, will be limited.1. The batterer shall acknowledge and agree to such limitations and shall give a written waiver of any right to, or expectation of, confidentiality with respect to the following:(i) Threats or acts of violence committed against any person while the batterer is in the Certified Program;(ii) Suspected "domestic abuse" or abuse of any person who is a "victim," as those terms are defined in Tennessee Code Annotated § 36-3-601 (1998 Supp.), while the batterer is in the Certified Program;(iii) The batterer's participation in the Certified Program;(iv) Reports of the batterer's compliance with the Certified Program's rules and with the contract with the Certified Program;(v) The reasons the batterer may have been discharged from the Certified Program;(vi) The batterer's fee balance with the Certified Program;(vii) To the extent allowed by federal or state statute or regulation governing substance abuse programs, information concerning any substance abuse screening or concerning the batterer's participation in any substance abuse components of the Certified Program; and(viii) Audio, video, or written recordings of the intervention sessions in which the batterer is a participant.2. The Certified Program shall not release any information that it collects, or that becomes known to the Certified Program, that concerns facts that are required to remain confidential, and when such confidentiality may not be waived under applicable federal or state statute or regulation.(c) Contracts. The Certified Program shall advise batterers regarding the following:1. Attendance requirements.2. Compliance with the Certified Program's rules.4. Confidentiality limitations.5. Active participation in the Certified Program.6. Fees to be paid for participating in the Certified Program.7. Referrals to additional service providers, when appropriate and authorized by the court.8. Agreement of the batterer not to interfere with the batterer's victim's or batterer's current partner's communication with Certified Program staff.9. Agreement of the batterer to supply the Certified Program with copies of pertinent criminal justice system documents.(d) Screening. Batterers shall be screened at the beginning of their participation in a Certified Program to determine their suitability for intervention and in order to obtain a baseline for intervention. Screening shall include any necessary consultations with mental health professionals and shall also include, but not be limited to, the following items:1. Inspection of pertinent records.4. Homicide or suicide potential.5. Substance abuse history.6. Mental health treatment history.(e) Referrals-out. If the Certified Program determines that the referral of a batterer to the Certified Program was inappropriate, the Certified Program shall request that the court make a new referral to an appropriate program or take such other measures as the court determines to be appropriate.1. Referrals-out may be made for those batterers for whom the Certified Program does not have appropriate services because of the batterer's gender, sexual orientation, or other characteristics.2. Referrals-out may also be made for batterers assessed as having any of the following:(i) High homicide or suicide risk.(ii) Severe mental health problems.(iv) Child abuse offenders.(v) History of extremely violent criminal offenses (in addition to domestic abuse).(vi) Disruptive or non-cooperative behaviors.(vii) Substance abuse problems requiring treatment prior to domestic violence intervention.(f) Victim and partner contact.1. Certified Programs shall not attempt to act as a service provider to the victims or the current partners of the batterers that they serve.(i) Certified Program personnel should make reasonable efforts to ensure that victims of domestic violence with whom they are in contact are referred to appropriate battered women's programs, Victim Advocates, or programs that are designed to provide victim services.(ii) Organizations that operate Certified Programs may, however, provide victim services as a separate component of their organization.2. Contacts with batterer's victim and batterer's current partner shall accomplish the following:(i) Inform them of the limitations of batterers intervention programs in assuring their safety (i.e. the possibility of continued danger).(ii) Inform them of domestic violence resources and services.(iii) Assist with safety planning.3. Contact with batterer's victims and batterer's current partners by a Certified Program shall be done in the following manner:(i) Be coordinated with a battered women's program or Victim Advocate in the local community or the judicial district; and(ii) To the extent permitted by law, be confidential.(2) Orientation. Orientation shall be used to introduce the batterer to the philosophy and expectations of Certified Programs and as an opportunity to further assess the batterer's suitability for intervention.(a) Orientation shall take place within a structured time frame to be determined by individual Certified Programs.(b) Orientation shall introduce the principles upon which the Certified Program is based and shall include, but not be limited to, the following points:1. The goal is to end abuse.2. The batterer is solely responsible for the batterer's violence.3. Taking responsibility for violence and its negative consequences is a first step toward ending abusive behavior.4. The responsibility plan is an initial means to prevent violence.(c) Orientation shall review specific group rules regarding the following:5. Food, drink, and smoking policy.8. Continued violence or threats of violence.9. Confidentiality limitations.11. Re-admissions to the Certified Program.12. Reporting obligations of the Certified Program.(3) Discharge criteria. Certified Programs shall establish criteria for discharge based upon the Certified Program's contract with the batterer and the Certified Program's rules.(a) Successful completion. A batterer successfully completes a Certified Program if the batterer has been in compliance with the Certified Program's contract, group rules, and other requirements. Upon a batterer's successful completion of a Certified Program:1. The Certified Program shall communicate to the courts, the batterer, batterer's victim, and batterer's current partner that the batterer has complied with the Certified Program's requirements.2. Communications shall not imply that the batterer has been rehabilitated or is a "graduate."3. Communications shall clearly convey the message that the batterer's successful completion of the Certified Program is only the beginning of the batterer's process of change.4. Concerns regarding the behavior of a batterer who has completed a Certified Program shall be documented and forwarded to appropriate law enforcement or court personnel.5. Certified Programs should forward to the referring court any recommendations for continuing treatment, counseling or services for the batterer.6. Certified Programs may forward to the victim any recommendations concerning treatment or counseling for the batterer.(b) Termination due to failure to successfully complete the Certified Program.1. Termination from the Certified Program shall result when a batterer has not met the requirements of the Certified Program as specified in the contract or group rules.2. The Certified Program shall document the specific reasons for termination without jeopardizing victim safety.3. The court, batterer's victim, and batterer's current partner, if known, shall be notified of termination along with any law enforcement or government agencies working with the batterer or victim.(4) Structure of batterers intervention classes.(a) Intervention shall take place in classes with two instructors, one of whom may be a student intern or a volunteer.(b) Average class attendance shall not exceed sixteen (16) batterers.(c) Twenty-four (24) class sessions shall be the minimum number of classes to meet discharge criteria.(d) Classes shall meet weekly for one and one-half (1-1/2) to two and one-half (2-1/2) hours, except that jail based Certified Programs may schedule batterers for such number of classes per week as they deem appropriate for their programs.(e) Classes may be either open or closed.(f) Closed formats shall not delay class start up for more than three weeks.(g) Classes shall be structured but flexible enough to incorporate spontaneous and dynamic elements.(h) Certified Programs shall not allow victims, or batterers' current partners, to attend the batterers' group.(5) Role of instructors. The role of the instructors should include, but not be limited to, the following:(a) Keep the group focused on the issues of the batterer's violence, abuse, control, and the batterer's responsibility for change.(b) Challenge any denial or minimization by the batterer of the batterer's abusive behavior and any blaming of the victim or others for the abuse.(c) Facilitate reflective and critical thinking.(d) Maintain an atmosphere that is compassionate and challenging, not colluding.(e) Provide new information and teach non-controlling relationship skills.(f) Facilitate an open and respectful group process.(g) Challenge thinking and behavior that perpetuates sexism and other forms of discrimination.(h) Recognize the relative progress of individual batterers within the process of change and adapt intervention accordingly.(i) Refrain from engaging in unproductive power struggles with batterers.(j) Provide education and support.(k) Help the batterer accept accountability for the batterer's behavior.(6) Documentation.(a) Record keeping shall be concise and easy to use.(b) Record keeping shall aid intervention planning.(c) Certified Programs shall keep written group notes.(d) Victim and partner contact notes shall be kept separate from batterer files.(e) Batterer files shall contain the following:3. Documentation of exchanges between Certified Program staff and the criminal justice system.4. Documentation of relevant exchanges between Certified Program staff and other service providers.5. Documentation of relevant exchanges between Certified Program staff and batterers.6. Documentation of batterer's compliance or noncompliance.Tenn. Comp. R. & Regs. 0490-01-.05
Original rule filed September 30, 1999; effective December 9, 1999.Authority: T.C.A. § 38-12-110.