Mo. Code Regs. tit. 14 § 80-6.020
PURPOSE: This rule establishes a process by which the Division of Probation and Parole within the Department of Corrections will establish a credentialing process for any court appointed batterer intervention program.
Introduction
"Intervention programs alone do not create batterer accountability. they are a component of a larger community response that includes the courts, probation and parole, and the legal and law enforcement systems. Before a batterer intervention program is developed, it is imperative that a community-wide system has been established that collaboratively works on an ongoing basis to ensure services for survivors and the legal system create greater safety for women who have been battered." - MCADS V, Standards and Guidelines for Batterer Intervention Programs, June 2006
Please mark yes, if the standard is currently in place. If the standard is in development but not currently in practice, please use the comment section to explain.
Provider agrees that the length of instruction will be a minimum of twenty six (26) weeks of group sessions.
Provider agrees the service provider must establish fees for services. Fees may be a set amount or based on a sliding scale. Payment for one's own service is an indicator of responsibility and accountability and must be incorporated into the program.
Provider agrees groups should never include mixed genders. Separate groups must be established for male and female clients and curriculum needs must be adjusted accordingly.
[] Yes [] No
Comments:
At the outset of the program, providers will make available to batterers, requirements for program compliance including but not necessarily limited to rules for assignment completion, behavior in the sessions, fee payment, and attendance.
* Providers will require all clients to complete all basic necessary treatment components based on risk and need before consideration is given to less intense treatment or successful discharge from treatment.
* Providers shall discharge offenders from treatment, in consultation with the supervising officer, who demonstrate an ongoing pattern of non-compliance with treatment, and the provider shall work with the Probation and Parole Officer to develop a plan for community protection.
* Providers will provide a program report to batterers outlining compliance with and progress in the program.
* Providers will inform batterers in writing of the following limits to confidentiality:
* Batterers are required to sign a Release of Information that permits information to be released to the referral agency and Courts. Providers will be mindful that case records may be subject to subpoena or court order.
* If the provider determines there is probability of imminent physical injury to a batterer, the batterer's victim/partner, or to any other third party, the provider will take safety initiatives and notify the person(s) at risk and other appropriate authorities.
* If the provider determines that there is a child or vulnerable elderly person who is at risk of harm, the provider will inform the appropriate State agency,
* The provider will encourage the Batterer to sign a Release of Information that permits information to be released to the victim and/or current partner. Such information would be limited to attendance, discharge/termination of a batterer, and reports or threats of abuse to a victim and/or current partner, relatives and household pets.
[] Yes [] No
Comments:
During the initial program intake, the provider must obtain a history of a batterer that must include, but is not limited to:
* Basic identifying information (must be 18 years old or otherwise emancipated);
* Demographic information;
* Violence used in family of origin;
* Current or former partner(s);
* Criminal history, including arrests, convictions, and police contacts;
* Pending court actions;
* Descriptive history of the batterer's use of violence and other abusive behaviors, including those within and outside of any intimate relationship,
* During the initial program intake the provider must also;
* Screen for severe mental health problems or disruptive behavior and arrange/refer for treatment when necessary; and
* Screen for chemical dependency problems and arrange/refer for treatment when necessary.
[] Yes [] No
The provider agrees the Program curriculum must encompass information and components regarding:
* What a person gains from being abusive;
* The importance of accepting responsibility for abusive/violent actions and behaviors;
* Cooperative and non-abusive forms of communication;
* Various forms of abuse-so as to not minimize non-physically abusive behaviors;
* Tactics of power and control. Identification of tactics shall include isolation, emotional abuse, economic abuse, use of children, use of male privilege, intimidation and covert/overt threats;
* Equality and power-sharing in relationships. Identification of relationship skills shall include respect, trust, support, honesty, accountability, economic partnership, negotiation, fairness, and responsible parenting;
* Long- and short-term effects of violence on partners and children. Exercises shall build empathy to understand the perspective of survivors;
* Equal partnerships, respect, responsibility, empathy and understanding of the negative effects and cost of the abuse on survivors, families and others.
* Cultural and social influences that contribute to abusive behavior. This should include methods that stress culture is not an excuse or justification tor abuse; and
* Non-violence planning, which includes identification of danger signs of negative behavior choices and how to prevent them.
[] Yes [] No
The provider agrees the curriculum established for a batterer intervention program may include information and components regarding:
* Behavior modification/anger management techniques;
* Religious and spiritual issues concerning abuse;
* Conflict resolution models;
* Communication skills;
* Definitions of alcoholism, other forms of substance abuse, and their impact on the abuser and the family;
* Parenting issues and skills;
* Skills for developing intimacy in relationships;
* Guilt and shame issues related to violent and abusive actions; and
* Origin of family issues.
[] Yes [] No
The provider agrees that curriculum established for a batterer intervention program shall not include information regarding:
* Techniques or diagnoses that suggest survivors have some responsibility for the abuse. An example would be identifying abuse as resulting from "victim psychopathology," "victim behavior," "victim provocation" or "learned helplessness;"
* Ventilation techniques that encourage the expression of rage, such as punching pillows and primal screams;
* Anger management techniques that place primary causality on anger and/or are the sole intervention rather than one part of a comprehensive approach;
* Approaches that identify and treat the violence as an addiction and the victim as enabling or co-dependent in the violence;
* Theories or techniques that identify poor impulse control or substance abuse as the primary cause of the violence; and
* Techniques that deny a batterer's personal responsibility for violence. For example, if a batterer was abused as a child, it is recommended that programs encourage him to work on these issues with appropriate resources. Such work must not replace or interfere with addressing his abusive behavior and his responsibility for those behaviors.
[] Yes [] No
Comments:
The provider agrees a determination of whether an individual may benefit from the services must be made at the initial assessment. Individuals who may not benefit from the services or who may be disruptive to current program attendees must be referred to other appropriate resources. This would not preclude these individuals from re-entering the program when they meet program admission criteria. Examples of individuals who may not benefit from services include individuals whose psychiatric symptoms prevent them from participating and individuals for whom a medical condition is the primary cause of violence, such as those with a brain injury.
Provider agrees that if Probation and Parole mandated applicant for intervention services Is rejected, the program must advise the referring agency, in writing, of the basis for rejection and, where appropriate, should make recommendations for other intervention services.
[] Yes [] No
Comments:
The provider agrees no batterer shall be assumed or documented to be non-abusive because he or she completes a Batterer Intervention Program. Evidence of attitude/belief change indicated in the group may not always translate to behavior change in the relationship with a survivor/current partner.
At a minimum, the batterer will:
* Complete the number of required sessions;
* Pay all fees in full;
* Fulfill all program guidelines;
* Take responsibility for personal abusive behaviors without blaming others;
* Demonstrate to staff an understanding of alternatives to abusive behavior;
* Demonstrate to staff the use of respectful language regarding survivor/current partner and an understanding of benefits of equal relationships;
* Have no known recent abusive or violent behavior.
[] Yes [] No
Comments:
The Provider agrees criteria for dismissal will be established, which will apply to the following circumstances:
* Continued abuse;
* Failure to maintain regular class/group attendance;
* Failure to make appropriate use of the intervention program;
* Failure to comply with other intervention conditions or provisions which are part of the participant contract (e.g., chemical dependency assessment/treatment, mental health assessment/treatment);
* Failure to pay fees;
* Violation of any of the group rules;
* Violation of any provisions of an order of Probation and Parole, or revocation of probation/parole.
[] Yes [] No
Comments:
The Provider agrees to facilitate groups for batterers, an individual must have:
A minimum of 50 hours of educational training, including but not necessarily limited to all of the following:
* Survivor safety and sensitivity;
* The history of the domestic violence movement;
* Cultural diversity;
* The nature and dynamics of domestic violence;
* The difference between batterer intervention and anger management;
* Domestic violence laws and legal issues;
* Responsibility versus denial;
* Sexism and oppression;
* Power and control;
* Facilitation and co-facilitation skills specific to groups;
* Characteristics of men who batter;
* Assessment and intake skills;
* Effects of a batterer's abuse and violence on children and family; and
* Alternate behaviors
A minimum of 24 hours of direct co-facilitation with a qualified facilitator in batterer intervention groups; and ongoing education to increase knowledge on topics related to domestic violence. All staff who provide services or are responsible for the supervision of persons served shall participate in at least thirty-six (36) clock hours of relevant educational training in the above listed areas during a two (2)-year period. The organization shall maintain a record of participation in training and staff development activities.
It is recommended to the provider that the individual have a masters or bachelors degree, in a related field, with two or more years of direct service in domestic violence advocacy or group work with batterers. It is preferable to have some combination of education and direct experience.
[] Yes [] No
Comments:
Providers agree they shall adhere to ethical standards of behavior in their relationships with individuals being served:
* Staff shall maintain an objective, professional relationship with individuals being served at all times.
* Staff shall not enter dual or conflicting relationships with individuals being served which might affect professional judgment or increase the risk of exploitation.
* Providers shall establish policies and procedures regarding staff relationships with both individuals currently being served and individuals previously served.
* Providers will have a policy by which all staff will be open to self-examination and receptive to feedback on issues of power and control, shall maintain the consistent approach that the batterer is solely accountable for the abuse and that abuse is intolerable in a relationship
* All providers are expected to be violence free in their own lives. No staff person, paid or un-paid, should be providing these services who has battered within the last 3 years.
[] Yes [] No
Comments:
Provider agrees if contact can be made safely, they will make a positive effort to inform partners of the program structure, expectations and limitations. Each provider is expected to make available to intimate partners information about the program as well as information about victim advocacy services.
Information that may be provided to partners includes the following:
* Information on services and program structure
* Duty to warn - the victim or current partner will be notified if the provider has reason to believe he/she may be at risk to be harmed by the participant.
* Limitations of program and potential for increased risk - program participation is not necessarily predictive of reduction of future abuse.
* DV referrals/contacts for victims' services.
Provider agrees no effort will be made to obtain information from the partner, but it will allow for safe and appropriate means for the partner to offer information should he/she choose to provide it.
Provider agrees no BIP facilitator shall provide direct advocacy services to the victim of a batterer enrolled in its group.
The following are critical limitations regarding partner contact;
* No attempt should be made to encourage, persuade, or coerce victims into disclosing information or having contact with the provider.
* No attempt will be made to suggest that information or contact by the partner will positively impact the batterer's work with the provider,
* No information will be provided that suggests that couples counseling will be appropriate.
* Under no circumstances should information shared by the partner to the provider be disclosed to her batterer.
* Providers will maintain the confidentiality of victims/partners. Providers will not disclose to the batterer information gained from a partner, including the fact that communication has occurred
[] Yes [] No
Comments:
Each Provider will require batterers who are referred by Probation and Parole to supply a copy of the Probation and Parole Court/Board order that requires program participation and a copy of the police report relating to the offense at the initial program intake (Intake). Within two business days, following the completion of intake, the provider will notify the referral agency of the scheduled start date in a method established by Probation and Parole.
The Provider agrees attendance report will be provided in a method established by Probation and Parole no less than monthly and include the topic discussed at each session, progress, and if payment was received.
The provider agrees the referral agency will be notified of a missed session, including Intake, within two business days in a method established by Probation and Parole.
The provider agrees a discharge summary must be received within seven working days in a method established by Probation and Parole.
The provider agrees any disclosure of new offending behaviors or violations of supervision must be reported within two business days in a method established by Probation and Parole.
[] Yes [] No
Comments:
* The provider understands Probation and Parole will conduct annual audits to ensure compliance with Program expectation.
* The provider understands Probation and Parole may conduct site visits that may include group observation and file review.
* The provider understands Probation and Parole may suspend or revoke program certification due to non-compliance with program expectations.
* The provider understands Probation and Parole may request submission of any changes to the lesson plan since credentialing and changes must be approved prior to implementation.
* The provider understands Probation and Parole may request verification of educational and training requirements for facilitators.
* The provider understands Probation and Parole may request submittal of examples of forms being utilized for reporting.
* The provider understands certification can be reviewed as needed based on any deficiencies or concerns.
[] Yes [] No
Comments:
Signature of _______________________________
Applicant:_______________________________
Title:___________________
Date___________________
14 CSR 80-6.020