920 KAR 2:020. Domestic violence batterer intervention provider certification standards

Link to law: http://www.lrc.ky.gov/kar/920/002/020.htm
Published: 2015

      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.)
Read Entire Law on www.lrc.ky.gov