PURPOSE
The purpose of these Guidelines is to promote victim safety by establishing minimum operating standards for Abuser Intervention Programs (AIP). In order to receive court-ordered referrals AIPs must certify to local courts their compliance with these Guidelines.
Minimum
operating standards contained in these Guidelines are intended to
accomplish the following:
· establish program responsibility to
victims and accountability to courts; ensure referral of abusers to
intervention programs that focuson stopping abuse and preventing abusers
from evading or minimizing their responsibility for abusive
behavior;
· ensure AIPs participate in a coordinated approach
to ending domestic violence that involves a partnership with the legal
community and victim advocacy programs at the local and state level;
and
· ensure outreach to victims.
1.0 PROGRAM CERTIFICATION
An AIP seeking court-ordered referrals shall certify to the local court,on an annual basis, compliance with these Guidelines.
The Family Violence Council recommends that administrative offices of local courts develop a process to receive certification from AIPs and, on an annual basis, compile and distribute to judges within the jurisdiction a list of AIPs that have so certified.
2.0 DEFINITION OF ABUSIVE BEHAVIOR AS IT OCCURS IN DOMESTIC VIOLENCE
For the purpose of these Guidelines and as a
reference for AIPS, abusive behavior occurring in
intimate
relationships is defined as follows:
· Abuse is a pattern
of coercive control directed toward the victim.
· Abusive
behavior involves the use of physical harm, emotional harm,or
intimidation to control the victim's thoughts, feelings or
actions.
· Abusive behavior results in a living environment of
fear which impinges upon the victim's basic rights and freedoms.
2.1 Abusive behavior may consist of the following:
A. Deliberate use of
physical force or threat to use physical force to harm
another.
Specific behaviors include, but are not limited to: hitting,
pushing, choking,scratching, pinching, restraining, slapping, pulling,
hitting with weapons or objects, shooting, stabbing, damaging property or
pets, or threatening to do one of these acts.
B. Verbal and
emotional forms of assault and control, such as stalking,intimidation,
coercion, threats, or degradation.
Specific behaviors include, but are
not limited to: nwne calling, insults,labeling, threats, blaming, and
humiliating actions to diminish the victim's sense of self-worth.
C.
Economic forms of control.
Specific behaviors include but are not
limited to: withholding or denying access to money or other basic
resources, and sabotaging employment, housing or educational
opportunities.
D. Sexual abuse, assault or coercion.
Specific
behaviors are those intended to have the effect of intimidation or harm in
a sexual manner, including but not limited to: unwanted
touching,voyeurism, sexual degradation, and rape.
E. Social
isolation.
Specific behaviors include, but are not limited to: denying
communication with friends or family members, prohibiting access to
transportation and telephone, and other possessive or jealous
behaviors.
F. Failure to comply with immigration requirements,
making an immigrant spouse unable to work and vulnerable to deportation
and/or loss of child custody.
2.2 Responsibility for abusive behavior
The abuser bears sole responsibility for his or her actions. Substance abuse or emotional problems do not diminish responsibility for abusive behavior.
3.0 OPERATING STANDARDS
AIPs must certify compliance with the following standards in order to receive court-ordered
referrals of domestic violence abusers for program intervention.
3.1 Victim Confidentiality
A. The AIP shall maintain the
confidentiality of victims unless specifically waived by the victim or it
is determined by the AIP that there is reason to believe the victim may be
in imminent danger.
B. The AIP shall inform victims upon initial
contact that they are required by law to report incidents of child abuse
to local authorities and to inform the police if they have reason to
believe there is imminent danger to others as a result of the abuser's
violent behavior.
C. Files on victims shall be maintained separately
from files on abusers. AIPs should not maintain files on victims unless
the files are protected by the confidentiality privilege of a licensed
supervisor.
3.2 Intake Process
A. The AIP shall indicate to
the court or court monitor if the abuser is assessed as not being amenable
to the program's services and, to the extent feasible, make appropriate
recommendations.
B. The AIP shall submit a report to the court or the
court monitor if a court ordered abuser fails to contact the program,
within either one month or the response time ordered by the court,
whichever is shorter.
C. The AIP shall, under ordinary
circumstances, offer a screening and intake appointment within ten (10)
business days of the abuser's contact with the program.
D. The AIP
shall develop a history and profile of the abuser's violent behavior based
on descriptions from criminal justice agencies, the victim(s),
treatment programs, and other relevant persons or agencies. The AIP shall
require the abuser to provide the following information:
·
abuser's name, Social Security number, address, and employer;
·
partner and/or victim's name;
· abuser's history of substance
abuse;
· abuser's history of psychiatric illness, including but
not limited to threats or ideation of homicide or suicide, history of
depression or paranoia;
· history of abusive behavior as defined
in Section 2.0;
· whether the abuser possesses or has access to
weapons, and any history of threat or actual use of weapons against the
victim;
· degree of possessiveness by the abuser toward the
victim, including forced periods of isolation; and
· abuser's
compliance with court-ordered child support and/or
family maintenance payments.
E. The AIP is encouraged to obtain
the following information from the victim(s),court(s), and/or
abuser:
· copy of the criminal or civil domestic violence
record; and
· copy of the police report, statement of charges,
petition for exparte protection and/or protective order.
F. The AIP
shall secure a waiver of confidentiality from the abuser to
allow communication with the victim and/or current partner about incidents
of abuse and the abuser's participation in the program. The AIP will
attempt to provide information to victims about services available to
maintain safety,as well as educational and counseling resources.
G.
The AIP shall either provide or refer abusers for treatment services to
address factors contributing to the abusive behavior. The AIP will
secure from the abuser a reciprocal release of information to allow for an
exchange of information with relevant service providers.
H. A
contract, specifying the responsibilities of both the AIP and the
abuser shall be signed once the client is determined to be suitable for
the program. The contract shall, at a minimum, reflect the
following:
· duration of the program;
· agreement on
fee rate and payment requirements;
· agreement to stop all
forms of violence;
· agreement to refrain from drug and alcohol
use while in attendance at group meetings; and
· conditions
resulting in program non-compliance and the
consequences thereof.
3.3 Victim Safety
A. The AIP shall
inform the victim about the abuser's attendance at the program unless the
victim requests not to be informed.
B. The AIP shall evaluate
the abuser's lethality and warm victims determined to be at high risk.
The AIP shall establish a "duty to warm"procedure directing
staff to warm the victim and/or notify the police if a direct threat is
made against the victim or other person.
4.0 DISCHARGE CRITERIA
The contract signed by the abuser and the AIP shall specify criteria for discharge from the program.
4.1 Program Completion
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The abuser shall be deemed to have completed the program upon fulfilling the requirements set forth in the program contract.
4.2 Program responsibilities
A.
The AIP shall notify the referring court, corrections, probation or other
court monitor of the abuser's attendance and participation and, to the
extent feasible, make appropriate recommendations.
B. The AIP
shall notify the victim of the abuser's completion of or termination from
the program, unless the victim requests not to be informed.
Notification shall include, at a minimum, whether the abuser has complied
with the court order. The AIP shall advise the victim that program
completion cannot guarantee her safety.
5.0 PROGRAM STA"ING
A. Staff employed by the AIP shall be violence free
in their own lives. No AIP shall hire an individual who has been a
domestic violence abuser unless the program director is satisfied that the
prospective staff member has successfully completed a certified AIP and
has since remained violence free for a reasonable period of time, as
determined by the program.
B. Staff employed by the AIP shall
not use alcohol or drugs to an extent or in a manner that is determined to
impair the individual's ability to function in a responsible, professional
manner.
C. The AIP shall strive to employ staff who represent the
cultural diversity reflected in the community being served, provide
services to culturally diverse groups, and comply with the requirements of
the Americans with
Disabilities Act.
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