920
KAR 2:020. Domestic violence batterer intervention provider certification
standards.
RELATES TO: KRS Chapter
13B, 202A.011(12)(d), 202A.400, 209.030, 222.005, 309.080-309.089,
309.130-309.1399, Chapters 311, 319, 335.080, 335.100, 335.300-335.399, 335.500-335.599,
403.715-403.785, 421.570, Chapters 506, 507, 507A, 508, 509, 510,
511.020-511.040, 512.020, Chapters 513, 515, 517.050, Chapter 529, 530.020,
530.060, 530.064, 530.065, 530.070, 531.030, 531.040, 531.300-531.370, 620.030,
and 45 C.F.R. Part 46
STATUTORY AUTHORITY: KRS 194A.050(1), 403.7505
NECESSITY,
FUNCTION, AND CONFORMITY: KRS 194A.050(1)
requires the secretary to promulgate administrative regulations necessary to
implement programs mandated by federal law or to qualify for the receipt of
federal funds and necessary to cooperate with other state and federal agencies
for the proper administration of the cabinet and its programs. KRS 403.7505 requires the Cabinet for Health and Family
Services to promulgate administrative regulations establishing certification
standards for mental health professionals providing court-ordered treatment
services for domestic violence batterers. This administrative regulation establishes
certification requirements, standards for services, and imposes reporting
requirements for a domestic violence batterer intervention provider.
Section 1. Definitions. (1)
"Appellant" means an applicant or a provider who requests:
(a) An informal resolution
meeting in accordance with Section 13 of this administrative regulation; or
(b) An administrative
hearing in accordance with Section 14 of this administrative regulation.
(2) "Applicant"
means an individual applying for certification as a domestic violence batterer
intervention provider.
(3) "Assessment"
means an evaluation of a batterer in accordance with Section 9(1) of this
administrative regulation.
(4)
"Associate provider" means an individual certified by the cabinet to
provide domestic violence batterer intervention services in accordance with Section
4(1) or (3) of this administrative regulation, only under the direct
supervision of an autonomous provider.
(5)
"Autonomous provider" means a professional certified by the cabinet
in accordance with Section 4(2) or (4) of this administrative regulation for
unsupervised clinical practice in a domestic violence batterer intervention
program.
(6)
"Batterer" means an individual who:
(a)
Has been charged with or convicted of a criminal offense related to domestic
violence;
(b)
Is a respondent in a protective order issued by a court pursuant to KRS
403.740, 403.750(1), 508.155(4); or
(c)
Has been named a domestic violence perpetrator in a substantiation made by the
Department for Community Based Services.
(7)
"Cabinet" means the Cabinet for Health and Family Services or its designee.
(8) "Client"
means a batterer who has been admitted to a program.
(9)
"Court" means a district, family, or circuit court of the Commonwealth
of Kentucky.
(10)
"Court-ordered" means subject to an order entered by a district,
family, or circuit court judge for a batterer to be assessed by a provider to
determine the batterer's eligibility for admission to a program or to
participate in a program.
(11)
"Department" means the Department for Community Based Services or its
designee.
(12)
"Domestic violence" is defined by KRS 403.720(1).
(13) "Domestic
violence shelter" means a program meeting the standards of 922 KAR 5:040.
(14)
"Intervention" means individual or group counseling and education
based upon a core curriculum that focuses on cessation of domestic violence.
(15) "Program"
means the services provided in accordance with Sections 5 through 12 of this
administrative regulation to batterers who have been referred by a court for
assessment or intervention related to domestic violence.
(16) "Provider"
means an associate provider or an autonomous provider.
(17) "Sanction"
means a compulsory or restrictive action, such as:
(a) A prohibition,
requirement, limitation, or other condition affecting the freedom of a person;
(b) Withholding of relief;
(c) Imposition of a penalty
or fine;
(d) Destruction, seizure,
or withholding of property;
(e) Assessment of damages,
reimbursement, restitution, compensation, costs, charges, or fees; or
(f) Revocation or
suspension of a license.
(18) "Screening"
means the action taken by a provider to determine a batterer's eligibility for
admission to the program.
(19) "Victim
advocate" is defined by KRS 421.570.
Section 2. Certification
Procedures. (1) An individual may apply to be certified as an associate
provider or an autonomous provider by submitting a DVPR-001, Application for
Batterer Intervention Provider Certification, to the department.
(2) If an applicant is not
subject to denial or revocation for a reason established in Section 3 of this
administrative regulation, the department shall certify the applicant as an:
(a) Associate provider, if
the applicant meets the qualifications specified in Section 4(1) of this
administrative regulation; or
(b) Autonomous provider, if
the applicant meets the qualifications specified in Section 4(2) of this
administrative regulation.
(3)(a) No later than sixty
(60) days after receiving an application or receiving additional documentation,
the department shall notify an applicant in writing if:
1. Certification is granted
or denied; or
2. The department is
retaining the application in accordance with Section 3(2) of this
administrative regulation.
(b) The notice in
accordance with paragraph (a) of this subsection shall:
1. Specify the effective
date of certification, if applicable;
2. Specify the basis of the
denial of the application, if applicable;
3. Specify additional
documentation that is required if the department retains the application in
accordance with Section 3(2) of this administrative regulation; and
4. Inform the applicant of
the right to appeal a denial in accordance with the:
a. Informal resolution
process established in Section 13 of this administrative regulation; and
b. Administrative hearing
process established in Section 14 of this administrative regulation.
(4) Certification as a
provider shall be effective for two (2) years.
(5)(a) Unless a provider's
certification has been revoked in accordance with Section 3 of this
administrative regulation, the department shall renew the certification of a
provider upon request.
(b) Completion of twelve
(12) clock hours of continuing education related to domestic violence, pursuant
to Section 6(9) of this administrative regulation, shall be required for certification
renewal.
(c) The department shall
perform a random audit on five (5) percent of the certification renewals to
monitor provider compliance with paragraph (a) of this subsection.
(6) The department may
solicit references from individuals outside the department regarding the certification
of providers.
Section
3. Denial or Revocation of Certification. (1) The department shall deny
certification to an applicant if:
(a) The applicant's
DVPR-001 is incomplete;
(b) The documentation of
qualifications is insufficient to demonstrate that the applicant meets the
applicable requirements in Section 4 of this administrative regulation;
(c) The department cannot
verify the authenticity of the documentation of qualifications submitted in the
application; or
(d) The core curriculum
submitted fails to meet the requirements specified in Section 10 of this
administrative regulation.
(2) If the department
denies certification in accordance with subsection (1)(a) of this section, the
department may retain the application and permit the applicant to submit
additional documentation in accordance with a notice provided pursuant to
Section 2(3)(b)(3) of this administrative regulation.
(3) The department shall
deny certification to an applicant and shall revoke the certification of a
provider upon its determination that the applicant or
provider:
(a)
Within the past ten (10) years, has been convicted of, pled guilty to, or
completed the service of a sentence imposed to:
1. Criminal homicide
pursuant to KRS Chapter 507;
2. Assault or a related
offense pursuant to KRS Chapter 508;
3. Kidnapping or a related
offense pursuant to KRS Chapter 509;
4. A sexual offense
pursuant to KRS Chapter 510;
5. Burglary or a related
offense pursuant to KRS 511.020 through 511.040;
6. Criminal damage to
property pursuant to KRS 512.020;
7. Robbery pursuant to KRS
Chapter 515;
8. Falsifying business
records as defined in KRS 517.050 if the conviction was in relation to the
applicant’s clinical practice;
9. Incest as defined in KRS
530.020;
10. Endangering the welfare
of a minor as defined in KRS 530.060;
11. Unlawful transaction
with a minor as defined in KRS 530.064, 530.065, or 530.070;
12. Sexual exploitation of
a minor pursuant to KRS 531.300 to 531.370;
13. Criminal attempt as
defined in KRS 506.010, to commit an offense identified in this paragraph;
14. Distribution of obscene
materials involving a minor pursuant to KRS 531.030 or 531.040; or
15. Promoting prostitution
pursuant to KRS 529.040;
16. Arson as defined in KRS
Chapter 513; or
17. Fetal homicide as
defined in KRS Chapter 507A;
(b)
Has been the subject of a domestic violence protective order within the five
(5) years prior to the date of the application or anytime after the effective
date of certification;
(c)
Has had an alcohol or other drug abuse problem as defined in KRS 222.005(3)
within the two (2) years prior to the date of the application, or engages in
alcohol or drug abuse as defined in KRS 222.005(3) anytime after the effective
date of certification;
(d)
Is subject to a current court order restraining or enjoining the
applicant from providing a service authorized by licensure or certification; or
(e) Has been convicted of
an offense described in KRS Chapter 529 within the five (5) years prior to the
date of the application or anytime after being certified.
(4) Depending on the
severity or date of the infraction, the department may deny an application or
revoke the certification of a provider who:
(a) Has had a sanction
applied against or a revocation of a professional license or certification held
by the applicant or provider at any time in the two (2) years prior to the date
of an application or any time after being certified;
(b) Currently has a
sanction applied against a professional license or certification;
(c) Has provided domestic
violence batterer assessment or intervention services in violation of Section
5(1) or (2) of this administrative regulation;
(d) Has failed to implement a corrective action plan in accordance with
Section 12(6) or (7) of this administrative regulation;
(e)
Has failed to follow the curriculum submitted in the application or submitted
and approved in accordance with Section 10(11) of this administrative
regulation;
(f) Has failed to meet a
requirement established in Sections 2 through 11 of this administrative
regulation;
(g) Has provided
information that the department:
1. Is unable to verify; or
2. Has determined to be
incorrect; or
(h)
Has failed to meet the data submission requirements as specified in Section
6(10) of this administrative regulation.
(5)
The department shall revoke the certification of a provider that fails to meet
the continuing education requirement specified in Section 6(9) of this
administrative regulation.
(6)(a) If a provider's
certifications is revoked, the department shall notify a provider in writing.
(b) A notice in accordance
with paragraph (a) of this section shall:
1. Specify the effective
date that certification shall be revoked;
2. Specify the basis of the
determination to revoke a certification; and
3. Inform the provider of
the right to appeal the revocation in accordance with the:
a. Informal resolution
process established in Section 13 of this administrative regulation; and
b. Administrative hearing
process established in Section 14 of this administrative regulation.
(7) A provider whose
certification is revoked in accordance with subsection (3)(b) or (e) of this
section shall be ineligible for certification until the fifth anniversary of
the effective date of the revocation.
(8) A provider whose certification
is revoked in accordance with subsection (3)(c) of this section shall be
ineligible for certification until the second anniversary of the effective date
of the revocation.
(9) The department shall
renew the certification of a provider whose certification has been revoked in
accordance with Section 6(9) of this administrative regulation upon the department’s
receipt of documentation that the provider has met the requirement of Section
2(5) of this administrative regulation.
Section 4. Qualifications
of Certified Providers. (1) The qualifications of an associate provider shall
be:
(a) A bachelor's degree
from an accredited university or college;
(b)
Completion of twenty-four (24) clock hours of specialty training in domestic
violence including:
1.
Characteristics and dynamics of domestic violence;
2.
Clinical profiling of domestic violence batterers;
3.
Risk assessment and lethality of domestic violence batterers;
4.
Intervention of batterers;
5.
Effective services for victims and child witnesses of domestic violence;
6.
Safety planning for victims; and
7. Criminal sanctions for
domestic violence and legal remedies for victims;
(c)
Two (2) years of full-time post bachelor degree work experience totaling at
least 4,000 hours that shall include general clinical experience or direct case
experience related to domestic violence;
(d)
A written agreement to receive supervision, which shall include:
1.
Case discussion;
2.
Review of reading assignments;
3.
Skill building; or
4.
Review of an audio or video recording of assessment and intervention performed
by the associate provider; and
(e)
Written recommendations for certification from two (2) victim advocates, at
least one (1) of whom works in an agency separate from the applicant.
(2)
The qualifications of an autonomous provider shall be:
(a)
A master's degree from an accredited university or college;
(b)
Possession of a certificate or license to practice under the laws of the
Commonwealth of Kentucky in one (1) of the following disciplines:
1.
Psychology in accordance with KRS Chapter 319;
2.
Social work in accordance with KRS 335.080 or 335.100;
3.
Medicine in accordance with KRS Chapter 311 if board eligible in psychiatry and
neurology;
4.
Psychiatric nursing in accordance with KRS 202A.011(12)(d);
5.
Marriage and family therapy in accordance with KRS 335.300 to 335.399;
6.
Professional counseling in accordance with KRS 335.500 to 335.599;
7. Art therapy in
accordance with KRS 309.130 to 309.1399; or
8. Alcohol and drug
counseling in accordance with KRS 309.080 to 309.089;
(c)
150 hours of clinical experience providing domestic violence services under the
direct supervision of an autonomous provider who is licensed or certified in
accordance with paragraph (b) of this subsection of which 120 hours of the time
shall have been with batterers and thirty (30) hours with victims;
(d)
Completion of the training specified in subsection (1)(b) of this section;
(e)
A written recommendation for certification from the autonomous provider who
provided the supervision required by paragraph (c) of this subsection; and
(f)
Written recommendations for certification from two (2) victim advocates, at
least one (1) of whom works in an agency separate from the applicant.
(3)
The cabinet shall grant certification as an associate provider to an applicant:
(a)
Meeting or exceeding the standards of subsection (1) of this section;
(b)
Holding a current certificate from another state; and
(c)
Being in good standing with the other state's certifying agency.
(4)
The cabinet shall grant certification as an autonomous provider to an
applicant:
(a)
Meeting or exceeding the standards of subsection (2) of this section;
(b)
Holding a current certificate from another state; and
(c)
Being in good standing with the other state's certifying agency.
(5)
The cabinet shall waive the requirements of subsection (2) of this section, if
an associate provider applies for certification as an autonomous provider:
(a)
After two (2) years experience and a minimum of 4,000 hours working in a
batterer intervention program; and
(b)
Upon recommendation of the autonomous provider supervising the associate
provider.
Section
5. Scope of Practice and Supervision Requirements. (1) Under the supervision of
an autonomous provider, an associate provider may:
(a)
Screen, assess, plan, and provide batterer intervention;
(b)
Consult with a court, prosecutor, law enforcement official, mental health
provider, and others regarding the assessment of and intervention with a
client; or
(c)
Contact a victim of a client in accordance with Section 7 of this
administrative regulation.
(2)
An associate provider who provides a service in accordance with subsection (1)
of this section shall participate in at least one (1) hour per week of clinical
supervision pursuant to the written agreement established in Section 4(1)(d) of
this administrative regulation.
(3)
An autonomous provider may provide screening, assessment, intervention, and
consultation independently and supervise an associate provider if an autonomous
provider has:
(a)
Participated in a three (3) hour training program in clinical supervision that
has been approved by a professional licensing board specified in Section
4(2)(b) of this administrative regulation, or by the cabinet; and
(b)
Practiced batterer intervention for a period of at least one (1) year.
(4)
A certified autonomous provider who supervises an associate provider:
(a)
Shall:
1.
Provide the supervision required by subsection (2) of this section; and
2.
Assure that an associate provider performs a service in accordance with
Sections 4, 5(1), 6, 7, 8, 9, 10, 11, and 12(7) of this administrative
regulation; and
(b)
Shall not supervise more than six (6) associate providers concurrently.
Section
6. General Service Standards. (1) A court-ordered service shall be based on the
following premises:
(a)
Domestic violence constitutes a health hazard to a victim who may experience
short and long-term effects from the abuse.
(b)
Immediate and long-term cessation of the domestic violence is the priority
purpose for batterer intervention.
(c) Domestic violence in
any form is criminal behavior.
(d)
Batterer intervention shall be designed to enhance and promote the safety of a
victim including a spouse, a live-in partner, a child, or other family member.
(e)
A victim is not responsible for the violent behavior of a batterer and a
provider shall not promote the concept of mutual responsibility in explaining
domestic violence.
(f)
The batterer is accountable for domestic violence, which is the product of
individual choice and learned traits. The batterer's psychopathology, substance
abuse, other disorder, or cultural background is not an explanatory cause of
domestic violence but can influence the batterer's behavior.
(g)
Cooperation and service coordination between the criminal justice system, the department,
a victim's advocate, a domestic violence shelter, and a chemical dependency or
mental health professional may be required to assure effective treatment and
the safety of a victim or a potential victim.
(2) A provider shall give
each batterer and client a written document that explains the complaint process
of the program.
(3) A provider shall:
(a) Treat a batterer, a
client, or victim with respect and dignity at all times; and
(b) Not discriminate
against a batterer, a client, or a victim based on race, ethnicity, gender,
age, religion, or disability.
(4)(a)
A batterer, a client, or a victim shall have the right to complain verbally or
in writing to the:
1.
Provider;
2.
Referring court; or
3.
Cabinet.
(b)
A provider shall not take adverse action against a batterer, a client, or a
victim who makes a complaint.
(5)
A provider shall:
(a)
Comply with 45 C.F.R. Part 46, and any applicable state institutional review
board pertaining to research with a human subject; and
(b)
Protect the privacy of a batterer or a client who gives consent to participate
in provider sponsored research.
(6)
A provider shall:
(a)
Provide a clean and comfortable facility which shall be accessible to the
handicapped; and
(b)
Meet the requirements of 815 KAR 10:060, relating to standards of fire safety.
(7)
The provider shall comply with federal and state law applicable to the
confidentiality of a client record.
(8)
The provider shall establish an individual record for each batterer who
receives a court-ordered service. The record shall:
(a) Document each service
provided to the batterer; and
(b) Demonstrate that the
services meet the requirements of Sections 6 through 11 of this administrative
regulation.
(9) A provider shall accrue
a minimum of twelve (12) clock hours of continuing education related to
domestic violence during the two (2) year period for renewal.
(10) Providers certified
pursuant to Section 2 of this administrative regulation shall collect and
submit information to the department or its designee in accordance with KRS
403.7505.
Section 7. Contact with a
Victim. (1) In the provider's professional opinion, if contacting a domestic
violence victim would not increase the risk of harm to the victim or others, a
provider may attempt to contact the victim and shall:
(a) Offer the victim an
opportunity to participate in the assessment of the batterer by disclosing information
about the batterer and the circumstances of the domestic violence;
(b) Assure the victim the
source of the information will not be revealed to the batterer;
(c) Provide the victim
information about the program, its possible benefits, the limitations of the
program's intervention services, and the degree to which the batterer's
participation may result in increased safety for the victim; and
(d) Make reasonable efforts
to refer a victim to a domestic violence shelter, victim advocate, or another
program designated to provide specialized victim services.
(2) A provider shall
document each contact with a victim.
(3) A provider shall not
contact a victim in the presence of a batterer.
(4) If a victim does not
consent to participate, withdraws consent to participate, or refuses to
participate or provide information about a batterer or a client, a provider
shall not attempt to coerce or persuade the victim to participate.
Section 8. Screening
Procedures. (1) A provider shall establish:
(a) Eligibility criteria
for participation in a program which:
1. Requires that a batterer
sign an authorization to disclose to a victim the batterer's failure to
participate in or discharge from the program;
2. May include a batterer's
admission of responsibility for a domestic violence related offense; and
3. Shall not be based solely on the batterer's ability to pay for
services;
(b) A procedure to accept a
referral from a court following a charge of a domestic violence related offense
or as a condition of a protective order issued pursuant to KRS 403.740,
403.750(1), or 508.155(4); and
(c) A procedure for
notifying the referring court, if a batterer is ineligible for the program. The
notice shall:
1. Specify the reason a batterer
is determined to be ineligible in accordance with the eligibility criteria
established by the provider pursuant to paragraph (a) of this subsection;
2. Specify each referral
made in accordance with Section 9(3) and (4) of this administrative regulation,
if any;
3. Be made no later than
five (5) days after the determination is made;
4. Recommend a service more
likely to benefit the batterer, in the provider’s professional opinion; and
5. Recommend that the court
notify a victim pursuant to KRS 403.7505(3)(e) that the batterer is ineligible
for the program.
(2) A provider shall inform
a batterer of the following information prior to the batterer receiving an
assessment or intervention:
(a) The requirement for
confidentiality of information and the limit on confidentiality including:
1. The duty of a provider
to warn and protect an intended victim of a threat to harm, as required by KRS
202A.400;
2. The requirement to
report abuse in accordance with KRS 209.030 and 620.030; and
3. The fact that
information disclosed to the provider or to another client may be used against the
batterer in a civil or criminal proceeding;
(b)
The requirement of a court order, a statute, or an administrative
regulation which imposes a duty upon the provider to disclose information or
make a report pertaining to the batterer or the client to:
1. A court;
2. A prosecutor;
3. A probation or parole
officer;
4. A law enforcement agent,
5. The victim; or
6. Another person or
organization that may be involved in the assessment of the batterer or the
intervention of the client;
(c)
The information provided in accordance with paragraph (b) of this
subsection, which shall include:
1. The name of the person,
if known, the title of the agency or organization to whom information shall be
disclosed, or to whom a report shall be made;
2. The basis of the duty to
disclose information or to make a report; and
3. The condition under
which information shall be disclosed or a report made;
(d)
The batterer's responsibility to pay for an assessment or intervention in
accordance with KRS 403.7505(3)(g), the cost to the batterer, and the
provider's policy regarding failure to pay;
(e)
The expected length of intervention and the procedure for voluntary and
involuntary discharge from the program;
(f)
An explanation of the provisions in Section 6 of this administrative
regulation;
(g)
A description of the assessment and intervention that will be provided to the batterer
including the requirements for participation;
(h)
Notification that, at the discretion of the court, failure to comply with the
program may result in a citation for contempt of court; and
(i)
An explanation of the procedures for a victim to participate in the program in
accordance with Sections 7 and 10(13) of this administrative regulation.
Section
9. Assessment and Admission Procedures. (1)(a) if a batterer is determined to
be eligible for a batterer intervention program based on eligibility criteria
established in Section 8(1)(a) of this administrative regulation, the provider
shall perform an assessment of the batterer.
(b)
The assessment conducted in accordance with paragraph (a) of this subsection shall
include consideration of the batterer's:
1.
History of abusive behavior including degree of harm and type of violent
conduct;
2.
Criminal history;
3.
Risk of harm to self and others;
4.
Medical history;
5.
History of a mental disorder;
6.
Current mental status;
7. History or presence of a
substance abuse disorder;
8.
Characteristics and ability to benefit from the approved program curriculum;
and
9. Relevant public records,
including a police report and other information about the batterer.
(2) If requirements of
Section 7 of this administrative regulation are met, a provider may interview a
victim and consider information provided by a victim in the assessment.
(3) If based on the
assessment required by subsection (1) of this section, the provider determines
that a batterer is unlikely to benefit from the program, the provider shall
refer the batterer to a service which is more likely to benefit the batterer in
the provider's professional opinion.
(4) A provider may require a
batterer to participate in mental health or substance abuse treatment as a
prerequisite for admission to or completion of the domestic violence program.
(5) A provider shall notify
the referring court whether the batterer is admitted to the program or is
referred to another program or service:
(a) No later than five (5)
days after making the assessment required by subsection (1) of this section;
and
(b) Within seventy-two (72)
hours, if the provider chooses not to admit a batterer to a program based on
the batterer's lethality or another factor related to the safety of the victim.
(6)
A batterer shall be admitted to a program if the batterer:
(a)
Meets Section 8(1)(a) of this administrative regulation;
(b)
Signs a written consent for intervention;
(c)
Signs a written agreement to comply with the program requirements; and
(d)
Signs a written authorization for a provider to disclose information to a party
identified in Section 8(2)(b) of this administrative regulation.
Section
10. Intervention Procedures. (1) A provider shall make individual or group intervention
services available to a client at least once weekly.
(2) If a provider offers a
group intervention program, the program shall segregate male and female
batterers into separate groups.
(3) A group intervention
shall include:
(a) Between two (2) and
twelve (12) clients, unless two (2) providers are present; and
(b) No more than fifteen
(15) clients if two (2) providers are present.
(4)
A group intervention session shall require a client to attend for ninety (90)
minutes or longer.
(5)
A client shall participate in the program for at least twenty-eight (28) weeks.
(6)
A person not referred by a court may participate in a group intervention
provided for court-referred clients.
(7)
A provider shall establish and follow a core curriculum for group participation
that includes:
(a)
The definition of domestic violence, including physical, sexual, psychological,
and environmental abuse;
(b)
Exploration of the effect of domestic violence on a victim and a witness to
domestic violence;
(c)
Discussion of civil and criminal law related to domestic violence;
(d)
Description of the cycle of violence and other dynamics of domestic violence;
(e)
Instruction about personal responsibility for domestic violence;
(f)
Confrontation of the client’s use of power, control, and coercion in an
intimate relationship;
(g)
Confrontation of rigid sex role stereotyping;
(h)
Challenge of the client’s pattern of aggression in a conflict with a victim;
(i)
Exploration of the actual and perceived role of alcohol and drug abuse in the
domestic violence;
(j)
Exploration of a constructive and nonviolent method for resolving conflict in a
relationship;
(k)
Parenting after violence, including education on shaken baby syndrome;
(l)
Development of a relapse prevention technique; and
(m)
Promotion of aftercare, if indicated.
(8)
At the discretion of the provider's professional opinion, a provider may offer
individual intervention to a client if the client would:
(a)
Not benefit from a group intervention; or
(b)
Be disruptive to a group setting.
(9)
If a client participates in individual intervention, the:
(a)
Curriculum content of the individual intervention shall contain the core
curriculum in accordance with subsection (7) of this section; and
(b)
Provider shall document a minimum of fourteen (14), one (1) hour intervention
sessions.
(10)(a)
If group intervention is provided to a female client, the core curriculum
required by subsection (7) of this section shall:
1.
Be Amended as specified in subsection (11) of this section; and
2.
Include:
a.
The definition and forms of domestic violence, including physical, sexual,
psychological, and environmental abuse;
b.
Exploration of the effect of violence on victims and witnesses to domestic violence;
c.
Discussion of civil and criminal law related to domestic violence;
d.
Instruction about personal responsibility for violence;
e.
Confrontation of the client’s use of power, control, and coercion in an
intimate relationship;
f.
Challenge of the client’s pattern of aggression in a conflict with a victim;
g.
Exploration of the actual and perceived role of alcohol and drug abuse in
domestic violence;
h.
Exploration of a constructive and nonviolent method for resolving conflict in a
relationship;
i.
Exploration of life experiences and belief systems that have fostered choices
for violence behavior;
j.
Parenting after violence, including education on shaken baby syndrome;
k.
Safety planning and knowledge of domestic violence resources; and
l.
Development of an aftercare plan.
(b)
A provider shall document factors, other than the referral source, which make a
female client eligible for a program.
(11)(a)
The department may approve an amendment to a provider's core curriculum, if the
provider submits to the department:
1.
A written request for approval of an amended core curriculum;
2. An explanation of the
purpose for the amendment; and
3. The proposed amended
core curriculum.
(b) The department shall
notify the provider in writing if an amended curriculum is approved or
disapproved no later than thirty (30) days after the date that the department
receives the request.
(c) The notice provided in
accordance with paragraph (b) of this subsection shall:
1. Specify the effective
date of the approval, if granted;
2. Specify which of the
requirements of subsection (7) or (10) of this section that the amended
curriculum does not meet, if it is disapproved; and
3. Acknowledge the right to
dispute a disapproval in accordance with Sections 13 and 14 of this
administrative regulation.
(12) If a client of a
program makes a threat towards a victim, a provider shall comply with the
warning requirements of KRS 202A.400.
(13) If a client is
discharged from a program, a provider shall notify a victim in accordance with
Section 7 of this administrative regulation.
(14) A provider shall not
offer or provide marital counseling or family therapy to a client or a victim:
(a) Unless the client:
1. Has successfully
completed the program; and
2. Has not demonstrated
violence in his relationship with a victim for at least six (6) months; and
(b) If:
1. There is a foreseeable
risk of harm to the victim which may result from the marital services; or
2. The provider believes
that the victim may agree to participate because of coercion or threat from the
client.
Section 11. Involuntary
Discharge from a Program. (1) A provider shall
involuntarily discharge a client who:
(a)
Fails to attend more than three (3) scheduled appointments;
(b)
Fails to actively participate in services or to complete assignments;
(c)
Violates a provision of a court order; or
(d)
After admission to the program, perpetrates domestic violence or other behavior
which, in the provider's professional judgment, is associated with increased
risk of harm to the victim.
(2) A provider may
involuntarily discharge a client who fails to pay for assessment or intervention:
(a) As agreed; or
(b) As ordered by a court.
(3)(a) A provider shall notify
the referring court in writing upon the provider's determination that a client
shall be discharged in accordance with subsection (1) or (2) of this section.
(b) The notice provided in
accordance with paragraph (a) of this subsection shall:
1. Specify the reason for
the discharge; and
2.a. Be made no later than
five (5) days after the determination; or
b. Be made No later than seventy-two
hours if the determination is made in accordance with subsection (1)(d) of this
section.
(4) If the discharge is
pursuant to subsection (1)(d) of this section, a provider shall:
(a) Immediately attempt to
notify the victim in accordance with Section 10(13) of this administrative
regulation; and
(b) Document each effort to
notify the victim.
(5) A provider may transfer
a batterer to another certified provider, if:
(a) The batterer requests;
(b) The reason for the
batterer's request is verifiable;
(c) The batterer is in good
standing in the sending program;
(d) The receiving provider
accepts the batterer into the receiving program; and
(e) Communication between
the sending and receiving providers is documented and includes a mutually
agreed upon intervention plan for the batterer.
(6) If a batterer is
transferred in accordance with subsection (5) of this section, victim
notification shall be made pursuant to Section 7 of this administrative regulation.
Section 12. Monitoring. (1)
The cabinet shall investigate a signed written or verbal complaint which
alleges that a:
(a) Provider has failed to
adhere to the requirements in Section 2 through 11 of this administrative
regulation; or
(b) Provider's practice may
endanger a client or victim.
(2) The cabinet may conduct
periodic provider reviews to:
(a) Determine if a provider
is in compliance with the requirements established in the requirements in
Sections 2 through 11 of this administrative regulation; and
(b) Evaluate overall
quality of services provided.
(3) A cabinet's review or
an investigation of a provider shall consist of one (1) or more of the following:
(a) An interview with a
certified provider or other employee of the agency;
(b) A review of
administrative records;
(c) A review of client
records;
(d) Off-site monitoring by
cabinet staff using data submitted in accordance with Section 6(10) of this
administrative regulation;
(e) Observation of an
assessment or intervention, unless a batterer objects to being observed;
(f) Interviews with one (1)
or more of the following:
1. A batterer who consents
to an interview;
2. A victim who consents to
an interview;
3. A judge or other
personnel of the referring court or agency;
4. A probation or parole
officer;
5. A case worker for the cabinet;
or
6. Personnel from any other
agency who:
a. May make a referral for
court-order domestic violence batterer intervention services;
b. Interacts with a
provider; or
c. Has knowledge about the
provider’s practice;
(g) Physical inspection of
a provider’s facility; or
(h) The review of other
materials necessary to determine compliance with Sections 2 through 11 of this
administrative regulation and KRS 403.7505.
(4) The cabinet shall refer
an allegation with any indication that a provider may have violated a
requirement of a professional licensure or certification board to a board which
has jurisdiction to regulate the provider.
(5) Based on the
information obtained in accordance with subsection (1), (2), or (3) of this
section, the cabinet may determine that a program:
(a) Does or does not meet
the requirements of Sections 2 through 11 of this administrative regulation;
and
(b) Is endangering a client
or a victim.
(6)(a)
If the cabinet determines that a certified provider has failed to meet the
requirements of Sections 2 through 11 of this administrative regulation or is
endangering a client or a victim, the cabinet shall notify the provider in
writing of its determination.
(b)
Based upon findings of an investigation or provider review, the cabinet may:
1. Require the provider to
submit a corrective action plan;
2.
Impose a corrective action plan upon the provider; or
3.
Revoke a provider’s certification in accordance with Section 3(3) or (4) of
this administrative regulation.
(7)
If the cabinet determines that the associate provider has failed to meet a
requirement specified in Section 5(4)(b) of this administrative regulation,
the:
(a) Cabinet shall notify an
autonomous provider who supervises an associate provider; and
(b) Autonomous provider
shall be responsible to assure that corrective action is taken.
(8) A review or
investigation conducted by cabinet shall include precautions to avoid risk or
harm to a client or a domestic violence victim.
Section 13. Informal
Resolution of Disputes Prior to Hearing. (1) An applicant or provider may
request an informal resolution meeting if the applicant or provider wishes to
appeal:
(a) The denial of an
application;
(b) The revocation of
certification;
(c) A determination made in
accordance with Section 12(5) of this administrative regulation; or
(d) A determination, which
is specified in a notice, provided in accordance with Section 10(11)(b) of this
administrative regulation.
(2) A request for an
informal resolution meeting shall:
(a) Identify the disputed
determination or action;
(b) State the basis on
which the department’s action is believed to be unwarranted or erroneous;
(c) Summarize the
appellant’s position;
(d) Provide the name,
address, and telephone number of each individual who is expected to attend an
informal resolution meeting on the appellant's behalf, if a meeting is held;
and
(e) Include documentary
evidence that the appellant wishes the department to consider in relation to
the dispute.
(3) A request for an
informal resolution meeting shall not be considered a request for an
administrative hearing.
(4) The department shall,
within thirty (30) days of receipt of a request made in accordance with
subsection (1) of this section, notify the appellant in writing of the
following:
(a) The time and place at
which the informal resolution meeting shall be held;
(b) The name and title of the
department’s representative who is expected to attend the meeting;
(c) The provisions of
subsections (3) and (9) of this section; and
(d) The provisions of
Section 14(1) of this administrative regulation.
(5) The informal resolution
meeting shall be scheduled for a date no later than sixty (60) days after
receipt of a request submitted in accordance with subsection (1) of this
section.
(6) Prior to an informal
resolution meeting, the department may rescind the disputed action or
determination based on the contents of the request.
(7) The department shall
cancel an informal resolution meeting if:
(a) It rescinds the
disputed action or determination in accordance with subsection (6) of this
section;
(b) It informs the
appellant of the decision to rescind the disputed determination or action at
least three (3) business days prior to the scheduled date of the meeting; and
(c) The appellant agrees to
cancellation of the meeting.
(8) The department shall
document the actions taken in accordance with subsection (7) of this section.
(9) If an informal
resolution meeting is held, the department shall notify the appellant in
writing no later than thirty (30) days after the meeting if it shall rescind,
modify, or enforce the disputed action, and the facts upon which its decision
is based.
(10) An appellant may
request an administrative hearing in accordance with Section 14(1) of this
administrative regulation at any time during the informal resolution process
established in this section.
Section 14. Administrative
Hearing Process. (1) A completed DVPR-002, Service Appeal Form requesting an
administrative hearing shall be received by the department no later than thirty
(30) calendar days after the date of notice of a determination or a resolution
decision, whichever is later. The request shall be sent to the Batter
Intervention Program Administrator, Department for Community Based Services,
Division of Violence Prevention Resources, 275 East Main Street, Frankfort,
Kentucky 40621.
(2) An administrative hearing
shall be conducted by a hearing officer who is knowledgeable of cabinet policy.
The secretary of the cabinet, in accordance with KRS 13B.030, shall appoint the
hearing officer.
(3) The department shall
forward to the hearing officer an administrative record, which shall include:
(a) A copy of the notice of
action taken;
(b) A copy of the request
for an informal resolution meeting, if applicable;
(c) The documentation
required by Section 13(8) of this administrative regulation if applicable;
(d) A copy of the notice
provided by the department in accordance with Section 13(9) of this
administrative regulation; and
(e) Documentary evidence
provided by the appellant to the department.
(4) The hearing officer
shall provide notice of a hearing in accordance with KRS 13B.050.
(5) A prehearing conference
may be held at least seven (7) calendar days in advance of the hearing date.
Conduct of the prehearing conference shall comply with KRS 13B.070. Each party
shall disclose the evidence that the party intends to introduce at the hearing,
including documentary evidence and identification of witnesses.
(6) A request for a hearing
shall be considered to be abandoned, if the appellant does not appear at the
hearing on the scheduled date and the hearing has not been previously rescheduled.
A hearing request shall be withdrawn only under the following circumstances:
(a) The hearing officer
receives a written statement from the appellant stating that the request is
withdrawn; or
(b) The appellant states on
the record at the hearing that the request is withdrawn.
(7) Documentary evidence to
be used at the hearing shall be made available in accordance with KRS 13B.090.
(8) The hearing officer
shall conduct the hearing in accordance with KRS 13B.080.
(9) The hearing officer
shall consider the facts as presented at the hearing, including supplementary
material, if requested, and prepare a recommendation in accordance with KRS
13B.110.
(10) The hearing officer's
recommendation shall be submitted to the secretary of the cabinet and to the
department. The department and the appellant shall have fifteen (15) calendar
days within which to file with the secretary exceptions to the hearing
officer's recommendation in accordance with KRS 13B.110(4). The secretary shall
make the final decision of the cabinet pursuant to KRS 13B.120, supported by
findings of fact and conclusions of law.
(11) In the correspondence
transmitting the decision, clear reference shall be made to the availability of
judicial review pursuant to KRS 13B.140 and 13B.150.
(12) The department shall
maintain an official record of the hearing in compliance with KRS 13B.130.
Section 15. Incorporation
by Reference. (1) The following material is incorporated by reference:
(a) "DVPR-001,
Application for Batterer Intervention Provider Certification", edition
September 2008; and
(b) "DVPR-002, Service
Appeal Form", edition September 2008.
(2) This material may be
inspected, copied, or obtained, subject to applicable copyright law, at the
Department for Community Based Services, 100 Fair Oaks Lane, Frankfort,
Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m. (25 Ky.R. 734; Am.
1082; 1393; eff. 11-18-98; 26 Ky.R. 233; 620; eff. 9-15-99; 27 Ky.R. 867; 1265;
eff. 11-17-2000; 29 Ky.R. 1899, 2291; eff. 3-19-03; Recodified from 908 KAR
2:210, 4-4-2007; 35 Ky.R. 1657; 1774; eff. 2-18-2009.)
