THE ATTORNEY GENERAL'S AND LT. GOVERNOR'S
FAMILY VIOLENCE COUNCIL

Operational Guidelines for
Domestic Violence Abuser Intervention Programs
in Maryland

 

 

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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