Delaware Administrative Code
Title 1 - Authorities, Boards and Commissions
1100 - Delaware Sex Offender Management Board
Section 1100-3.0 - Qualifications of Credentialed Sex Offense Service Providers (CSOSP)
Universal Citation: 1 DE Admin Code 1100-3.0
Current through Register Vol. 28, No. 3, September 1, 2024
3.1 The following sections outline qualifications for Credentialed Sex Offense Service Providers.
3.2 The Credentialed Sex Offense Service Provider may treat sex offenders without supervision. To qualify to be credentialed as a Sex Offense Service Provider with the SOMB, an individual must meet all the following criteria:
3.2.1 The individual shall have a minimum of
a master's degree in a behavioral science related field.
3.2.2 The individual shall have attained the
underlying credential of licensure and be in good standing as a physician,
psychologist, clinical social worker, professional counselor, marriage and
family therapist, or clinical psychiatric nurse specialist; and
3.2.3 The individual shall have completed
within the past five (5) years a minimum of one thousand (1000) hours of
clinical experience specifically in the areas of either evaluation or
treatment, or both, of sex offenders, at least three hundred fifty (350) of
which shall have been face-to-face clinical experience with sex offenders (see
definition of clinical experience). Such clinical experience may have been
obtained while seeking licensure or after obtaining licensure.
3.2.4 The individual shall have had at least
fifty (50) hours of documented training specifically related to either
evaluation or treatment methods, or both, within the last five (5) years.
Training shall be specific to the population the individual serves.
3.2.4.1 Sex offense specific training:
3.2.4.1.1 Prevalence of sexual offending by
adults/juveniles victimization rates;
3.2.4.1.2 Typologies of adult sex
offenders;
3.2.4.1.3 Sex offender
evaluation and assessment;
3.2.4.1.4 Sex offender treatment planning and
assessing treatment outcomes;
3.2.4.1.5 Community Supervision
techniques;
3.2.4.1.6 Clinical
supervision training; and
3.2.4.1.7
Treatment modalities, specific recommended applications, justification for use,
contra-indictors.
3.2.4.1.8 Sex
Offender Treatment Techniques including:
3.2.4.1.8.1 Evaluating and reducing
denial;
3.2.4.1.8.2 Behavioral
treatment techniques;
3.2.4.1.8.3
Cognitive behavioral techniques;
3.2.4.1.8.4 Relapse prevention;
3.2.4.1.8.5 Offense cycle;
3.2.4.1.8.6 Empathy training;
3.2.4.1.8.7 Confrontation techniques;
and
3.2.4.1.8.8 Safety and
containment planning.
3.2.4.1.9 Offender/offense characteristics
crossover.
3.2.4.1.10 Sex offender
risk assessment adult or juvenile.
3.2.4.1.11 Objective measures including:
3.2.4.1.11.1 Polygraph (adult
only);
3.2.4.1.11.2 Plethysmograph
(adult only); and
3.2.4.1.11.3 Abel
Assessment (adult only).
3.2.4.1.12 Special sex offender populations
including:
3.2.4.1.12.1 Sadists (adult
only);
3.2.4.1.12.2 Psychopaths
(adult only);
3.2.4.1.12.3
Developmentally disabled;
3.2.4.1.12.4 Compulsive;
3.2.4.1.12.5 Juvenile; and
3.2.4.1.12.6 Female.
3.2.4.1.13 Family
Unification/visitation.
3.2.4.1.14
Pharmacotherapy with sex offenders.
3.2.4.1.15 Impact of sex offenses.
3.2.4.1.16 Assessing treatment
progress.
3.2.4.1.17 Support
system, family stability, parenting skills.
3.2.4.1.18 Sex offender attachment
style.
3.2.4.1.19 Knowledge of
laws, policies and ethical concerns relating to confidentiality, mandatory
reporting, risk management and offender participation in treatment.
3.2.4.1.20 Ethics;
3.2.4.1.21 Philosophy and principles of the
SOMB; and
3.2.4.1.22 Continuing
research in the field of adult or juvenile sexual
offending.
3.2.4.2 General
topic training areas (at least a total of 30 hours required from these areas,
to include 15 hours of victimology):
3.2.4.2.1
Victim issues including impact and treatment;
3.2.4.2.2 Knowledge of criminal justice or
court system, legal parameters and the relationship between the provider and
the courts, including expectations related to testifying in court;
3.2.4.2.3 Secondary and Vicarious
Trauma;
3.2.4.2.4 Anger
management;
3.2.4.2.5 Healthy
sexuality and sex education;
3.2.4.2.6 Learning Theory;
3.2.4.2.7 Multicultural
sensitivity;
3.2.4.2.8
Understanding transference and counter-transference;
3.2.4.2.9 Family dynamics and dysfunction
including domestic violence;
3.2.4.2.10 Co-morbid conditions, differential
diagnosis;
3.2.4.2.11
Investigations; and
3.2.4.2.12
Addictions and substance abuse.
3.2.5 To receive credit for training not
identified on this list, it is incumbent on the trainee to write a
justification demonstrating relevance to sex offender assessment, treatment,
and management.
3.2.6 In concert
with the generally accepted standards of practice of the individual's mental
health profession, the individual shall adhere to the Professional Code of
Ethics published by the Association for the Treatment of Sexual Abusers (ATSA).
It is the responsibility of each provider/evaluator to comply with this
Professional Code of Ethics. The provider/evaluator shall demonstrate
competency according to the individual's respective professional standards and
conduct all treatment in a manner that is consistent with the reasonably
accepted standard of practice in the sex offense specific treatment
community.
3.2.7 Provide
satisfactory references as requested by the SOMB. The SOMB may also solicit
such additional references as necessary to determine compliance with generally
accepted standards of practice of the individual's mental health
profession.
3.2.8 The individual
shall never have been convicted of, or plead no contest to, or received a
deferred judgment for any offense involving criminal sexual or violent
behavior, or a felony that would bring into question the competence or
integrity of the individual to provide sex offense specific treatment or
evaluations.
3.2.9 At their own
expense, the individual will complete an entire criminal history check
including Federal information pursuant to the Federal Bureau of Investigation
appropriation of Title 11 of Public Law 92-544(28 U.S.C. 534). The
individual will submit to fingerprinting as part of this process.
3.2.10 The individual must provide a copy of
Professional Liability Insurance (Certificate of Insurance).
3.2.11 The individual must provide a copy of
National Practitioner Databank Report completed within the past 90
days.
3.2.12 Report any practice
that is in significant conflict with generally accepted standards of practice
of the individual's mental health profession.
3.2.13 Renewal of credential for Sex Offense
Service Providers. Providers must apply for continued placement on the list
every two (2) years by the date provided by the Board. Requirements are as
follows:
3.2.13.1 Credentialed providers must
demonstrate continued compliance with generally accepted standards of practice
of the individual's mental health profession;
3.2.13.2 The individual shall accumulate a
minimum of three hundred (300) hours of clinical experience every two years,
one hundred fifty (150) hours of which shall be face-to-face clinical services
with adults or juveniles who have engaged in sexually inappropriate/illegal
behavior;
3.2.13.3 Credentialed Sex
Offense Service Providers shall complete a minimum of twenty (20) hours of
continuing education every two (2) years in order to maintain proficiency in
the field of sex offender treatment and to remain current on any developments
in the assessment, treatment, and monitoring of sex offenders;
3.2.13.3.1 To receive credit for training not
identified on this list, it is incumbent on the trainee to write a
justification demonstrating relevance to sex offender assessment, treatment,
and management.
3.2.13.4
Provide satisfactory references as requested by the SOMB. The SOMB may also
solicit such additional references as necessary to determine compliance with
generally accepted standards of practice of the individual's mental health
profession. The references may include other members of the community
supervision team;
3.2.13.5 The
individual shall never have been convicted of, plead no contest to, or received
a deferred judgment for any offense involving criminal sexual or violent
behavior, or a felony that would bring into question the competence or
integrity of the individual to provide sex offense specific treatment or
evaluation;
3.2.13.6 At their own
expense, the individual will complete an entire criminal history check
including Federal information pursuant to the Federal Bureau of Investigation
appropriation of Title 11 of Public Law 92-544(28 U.S.C. 534). The
individual will submit to fingerprinting as part of this process. The criminal
history check will occur within 90 days of submitting the application to the
SOMB;
3.2.13.7 The individual must
provide a copy of current and valid Professional Liability Insurance
(Certificate of Insurance);
3.2.13.8 The individual must provide a copy
of National Practitioner Databank Report completed within the past 90 days;
and
3.2.13.9 Report any practice
that is in significant conflict with generally accepted standards of practice
of the individual's mental health profession.
3.2.14 Supervision of an Associate Sex
Offense Service Provider (ASOSP)
3.2.14.1 Use
only SOMB approved supervision forms. Approved forms are located on the SOMB
website.
3.2.14.2 The CSOSP shall
provide a description of the ASOSP's sex-offense service provider related
clinical work. Both the CSOSP Supervisor and the ASOSP applicant must sign this
description. Refer to the Application for Initial or New Supervisor for
Associate Sex Offense Service Provider (ASOSP) for detailed requirements.
Submit the signed description with the applicants SOMB application.
3.2.14.3 The CSOSP must complete an
out-of-state supervision form before any non-Delaware supervision hours can be
considered. Submit the signed form with the applicants SOMB
application.
3.2.14.4 The
Credentialed Sex Offense Service Provider (CSOSP) shall not supervise more than
five (5) ASOSPs.
3.2.14.5 The CSOSP
is required to disclose to all ASOSP clients that they are being treated by an
ASOSP. Documentation of this disclosure must be maintained and available for
SOMB review.
3.2.14.6 In addition
to the regulations that govern the individual supervisor's mental health
profession, the CSOSP shall supervise in accordance with SOMB
regulations.
3.2.14.7 The CSOSP
supervisor must have access to the ASOSP supervisee's workplace.
3.2.14.8 The CSOSP supervisor must be
approved by SOMB and remain in good standing with the requirements of Section
3.0 of this regulation, Qualifications
of a Credentialed Sex Offense Service Provider.
3.2.14.9 It is the CSOSP's responsibility to
ensure that all advertisements and documentation that includes the ASOSP's name
identifies them as a non-credentialed 'Associate' Sex Offense Service
Provider.
3.2.15
Reporting requirements
3.2.15.1 The CSOSP
shall submit quarterly reports to their parent agency, if applicable. The
parent agency shall forward the quarterly reports to SOMB within 30 days of the
end of each quarter. If no parent agency exists, the CSOSP shall submit
quarterly reports directly to the SOMB. Reports can be submitted via email or
mail to the SOMB.
3.2.15.2 Failing
to submit quarterly reports may result in disciplinary action. The SOMB
reserves the right to request additional details if necessary.
3.2.15.3 Quarterly Report Submission
Schedule:
January 1 - March 31 - Due Date: April 30;
April 1 - June 30 - Due Date: July 31;
July 1 - September 30 - Due Date: October 31; and
October 1 - December 31 - Due Date: January 30.
3.2.16
Termination of Supervision
3.2.16.1 Use only
SOMB approved forms. Approved forms are located on the SOMB website.
3.2.16.2 The CSOSP must complete a
termination of supervision form upon completion of required training hours or
upon transfer to another CSOSP.
3.2.16.3 The termination of supervision form
must be submitted to the SOMB and the Parent Agency, if applicable.
3.2.16.4 The CSOSP will maintain supervision
responsibilities until the termination of supervision form is received by
SOMB.
3.3 Exceptions to qualifications of Sex Offense Service Providers
3.3.1 A Delaware state agency that is
court-ordered to evaluate youth who have engaged in sexually problematic
behavior may apply to the SOMB and be credentialed as an entity as Sex Offender
Service Providers.
3.3.1.1 A Delaware state
agency that is court-ordered to evaluate youth who have engaged in sexually
problematic behavior can qualify for their agency to be credentialed as Sex
Offender Service Providers provided that each individual in their agency who
works with the sex offender population meets all of the requirements listed in
Section 3.0 of this
regulation with the exception of the following:
3.3.1.1.1 Instead of each individual employee
being required to have the requisite total number of hours of clinical
experience both for the initial application and each renewal application as
noted in subsections 3.2.3 and 3.2.13.2 respectively, the Delaware state agency
that is court-ordered to evaluate youth who have engaged in sexually
problematic behavior applying for the credential must meet the total number of
required clinical hours as an entity for the same time period as individual
applicants;
3.3.1.1.2 A Delaware
state agency that is court-ordered to evaluate youth who have engaged in
sexually problematic behavior is applying to be a credentialed Sex Offender
Service Provider does not have to demonstrate to the SOMB that their individual
staff do not have a criminal history as specified in subsections 3.2.8 and
3.2.13.5 of the initial and renewal applications. The Delaware state agency
that is court-ordered to evaluate youth who have engaged in sexually
problematic behavior instead assumes the responsibility for monitoring their
own staff for any potential criminal involvement per their own agency's and
state's standards;
3.3.1.1.3
Similar to subsection 3.3.1.1.2, the Delaware state agency that is
court-ordered to evaluate youth who have engaged in sexually problematic
behavior that is or is applying to be a credentialed Sex Offender Service
Provider does not have to require their staff to participate in a criminal
history check as stated in subsections 3.2.9 and 3.2.13.6 of the initial and
renewal applications. The Delaware state agency that is court-ordered to
evaluate youth who have engaged in sexually problematic behavior instead
assumes the responsibility for criminal background checks in accordance with
their agency's and the state's policy; and
3.3.1.1.4 The Delaware state agency that is
court-ordered to evaluate youth who have engaged in sexually problematic
behavior that is or is applying to be a credentialed Sex Offender Service
Provider does not have to require their staff to have personal professional
liability insurance.
3.3.1.2 The Delaware state agency that is
court-ordered to evaluate youth who have engaged in sexually problematic
behavior that is or is applying to be a credentialed Sex Offender Service
Provider assumes the responsibility for maintaining a database indicating that
their staff who work with sexual offenders meet the remainder of the criteria
not listed in the exceptions above. Information in this database is subject to
audit and review by the SOMB.
3.3.1.3 The Delaware state agency that is
court-ordered to evaluate youth who have engaged in sexually problematic
behavior application's to be a credentialed Sex Offender Service Provider is
their attestation that their staff has met and will maintain all of the
necessary requirements.
3.3.1.4
Upon review of an application by a Delaware state agency that is court-ordered
to evaluate youth who have engaged in sexually problematic behavior or a review
of their database of information such as licensure or continuing education for
their staff who work with sexual offenders, if a deviation from a standard is
found, the agency is subject to the disciplinary process and sanctions in the
same manner as is conducted for individual credentialed Sex Offender Service
Providers.
3.3.1.5 No individual
who is employed by or contracts with an agency who is a credentialed Sex
Offender Service Provider may call themselves a credentialed Sex Offender
Service Provider unless they independently meet criteria and have applied as a
sole Sex Offender Service Provider. Furthermore, no individual who is employed
by an agency who is a credentialed Sex Offender Service Provider may indicate
in any fashion that they are a credentialed Sex Offender Service Provider
outside of their work with the state agency for which they are employed unless
they are independently credentialed.
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