Section 0490-01-.08 - CERTIFICATION AND MONITORING OF BATTERERS INTERVENTION PROGRAMS(1) The Domestic Violence State Coordinating Council may appoint one or more monitoring committees to assist the Council in the monitoring and certification of batterers intervention programs.(a) Each such monitoring committee shall serve at the pleasure of the Domestic Violence State Coordinating Council and shall operate and perform its functions in accordance with the instructions of the Council.(b) The Domestic Violence State Coordinating Council may refer all, or any part of, its certification and monitoring functions to a monitoring committee, except as follows:1. All decisions concerning certification of batterers intervention programs shall be made by the Domestic Violence State Coordinating Council; and2. Any and all policy related decisions, including any decision to share information obtained in the certification or monitoring of batterers intervention programs with the courts or to release such information to any other person or entity, or to the public generally, shall be made by the Council, or its staff.(2) Procedures for certification of batterers intervention programs.(a) Any individual or organization wishing to apply for certification under these rules shall submit a written request for certification and include with its request letter the following information:1. Its program philosophy;2. Its organizational structure;3. Policies and procedures that it has in place;4. The curriculum it will use, including any handouts;5. Copies of all relevant forms it will use, including,(vi) Form of contact notes,(vii) Form of group notes,(viii) Termination notice,(ix) Compliance notice, and(x) Other forms needed for program functions;6. A schedule of group meeting times and locations; and7. Documentation on all program staff and instructors, including the following,(ii) Documentation of training,(iii) Documentation of relevant expertise, and(iv) Signed statements certifying that they have not committed acts of domestic abuse for two (2) years.(c) Certification review.1. The Domestic Violence State Coordinating Council shall review the request for certification, along with attachments and may make such investigations or inquiries as it deems appropriate.2. The Domestic Violence State Coordinating Council may conduct an on-site review of the applicant.(d) Approval or denial of certification.1. The Domestic Violence State Coordinating Council shall make the decision to certify or to deny certification to a batterers intervention program, and shall provide the batterers intervention program with a letter stating its decision.2. If the program has been denied certification, the letter shall state the specific reasons for denial, the steps necessary to gain certification, and appeal procedures available to the program.3. The program may reapply as soon as the reasons for denial stated in the letter have been corrected or otherwise addressed to the satisfaction of the Domestic Violence State Coordinating Council.(e) Term of certification and re-certification.1. Certification of a batterers intervention program shall be for a period of two (2) years.2. Within sixty (60) days of the expiration of the two year period a Certified Program desiring to be re-certified under these rules, shall submit a written request, labeled "request for re-certification," to the Domestic Violence State Coordinating Council in substantially the same form as required of an original certification under Rule 0490-1-.08(2). The request for re-certification shall be reviewed by the Domestic Violence State Coordinating Council in accordance with the procedures for original requests for certification.(3) Reconsideration and appeals.(a) Request for reconsideration.1. A batterers intervention program that is denied certification, or re-certification, may file a written request for reconsideration with the Domestic Violence State Coordinating Council. The request for reconsideration shall state the specific reasons why the Domestic Violence State Coordinating Council should reconsider its decision, including any materials that may help the Council in its reconsideration.2. The Domestic Violence State Coordinating Council, or a subcommittee of the Council, will review the request for reconsideration and may also review any materials submitted with the request and make such additional inquiries or investigations as it deems appropriate.3. The Domestic Violence State Coordinating Council shall mail its decision to the applicant within forty-five (45) calendar days of the Council's receipt of the request for reconsideration. If the Domestic Violence State Coordinating Council's decision is negative, the Council shall provide the applicant with information on its appeal rights.(b) Administrative Appeal. A batterers intervention program denied certification, and then denied reconsideration, if requested, may appeal the decision by following the Rules of Procedure for Hearing Contested Cases Before State Administrative Agencies, Tennessee Department of State, Rule Chapter 1360-4-1.(4) Monitoring.(a) The Domestic Violence State Coordinating Council shall monitor Certified Programs during the period that they are certified.(b) In carrying out its monitoring duties, the Domestic Violence State Coordinating Council may conduct scheduled, or unannounced on-site visits to Certified Programs and may make such investigations or inquiries as it deems appropriate.(c) In monitoring Certified Programs the Domestic Violence State Coordinating Council shall consider, among other matters, the following:1. The effectiveness of the Certified Program with respect to victim safety and batterer recidivism;2. The Certified Program's compliance with these rules;3. The Certified Program's training of instructors and supervisors; and4. The participation of the Certified Program in community wide efforts to eliminate domestic abuse.(d) The information obtained by the Domestic Violence State Coordinating Council in the monitoring of a Certified Program may be shared with the local courts and the Administrative Office of the Courts. Such information may also be included as a factor in the Council's consideration of a Certified Program's request for re-certification.Tenn. Comp. R. & Regs. 0490-01-.08
Original rule filed September 30, 1999; effective December 9, 1999.Authority: T.C.A. §§ 38-12-110 and 4-5-219.