Florida Administrative Code
65 - DEPARTMENT OF CHILDREN AND FAMILIES
65H - Domestic Violence
Chapter 65H-2 - BATTERER INTERVENTION PROGRAM CERTIFICATION MINIMUM STANDARDS
Section 65H-2.016 - Program Requirements

Universal Citation: FL Admin Code R 65H-2.016

Current through Reg. 50, No. 187; September 24, 2024

To qualify for certification, a batterers' intervention program shall meet and comply with the following minimum standards:

(1) Community Collaboration and Coordination.

(a) The program must coordinate its efforts within the community, particularly with victims and their families, the local justice system, social service agencies, including the certified domestic violence centers, and state and local governments to enhance the safety of victims and their children and establish protocols to effectively communicate to stakeholders any potential danger the batterer poses to the victim and/or children.

(b) The provider will inform courts, prosecutors, probation and parole, the victim, and other stakeholders as appropriate to the case of the batterer's positive progress and compliance with program expectations, and if the batterer is not in compliance with the program expectations or demonstrates any risk of repeat violence or homicide.

(2) Personnel.

(a) The provider shall have a policy to provide confidential employee assistance to employees who are victims of domestic and dating violence, including referral to domestic violence centers for safety planning and other services, and continued employment where appropriate and safe.

(b) All direct service staff employed or contracted by a provider shall be required to undergo security background investigations as a condition of employment and continued employment. Background investigations shall be completed by the provider and shall at minimum be level 1 screening as defined in Section 435.03, F.S., and include local criminal records checks through local law enforcement agencies, and statewide criminal records checks through the Florida Department of Law Enforcement, Division of Criminal Justice Information Services (CJIS), including a check for registered sex offenders/sexual predators, and injunctions for protection against domestic violence. The local law enforcement screening shall also be conducted for the employee's or contractor's previous address if she or he has lived in the current jurisdiction less than one year. Such background investigations shall be conducted at the expense of the employing agency.
1. An individual who has been a perpetrator of domestic, dating or sexual violence or stalking, as defined in Sections 741.28(2), 784.046(1)(d), 784.048, and 794.011 F.S., or was a respondent in a final injunction for protection against domestic, dating, or sexual violence or stalking in Florida or another state, based on the severity of the offense as established in the provider's policies, shall be ineligible for employment unless the individual has successfully completed a certified batterers' intervention program and remained violence free as defined by the aforementioned policies for a minimum period of five years preceding the hiring date.

2. An individual who is under any form of community supervision including probation, pre-trial diversion, or parole shall be ineligible for employment.

(c) All direct service staff of a certified provider shall complete annually, as a condition of employment and continued employment, Form CF 1649, Affidavit of Good Moral Character, which is incorporated by reference in Rule 65H-2.015, F.A.C.

(d) A provider may employ an otherwise disqualified individual, except as stipulated in subparagraphs (2)(b)1.-(2)(b)2. above, if the applicant can provide documentation that she or he has not been convicted of any of the disqualifying offenses for a minimum period of five years preceding the hiring date and demonstrates a commitment to non-violence as determined by criteria in the agency policies and procedures.

(e) The provider shall immediately terminate the employment or contract of any direct service staff convicted or found guilty, regardless of adjudication, or having entered a plea of nolo contendere, to any disqualifying offense while employed. The provider shall notify ODV of the termination within 24 hours.

(3) Fees. The program shall establish a policy regarding whether it will admit participants who require fee waivers or reduced fees because they are indigent or unable to pay the full program fee.

(4) Operating Policies and Procedures Manual.

(a) The provider shall maintain and follow written policies and procedures that direct the operation of the batterers' intervention program that include the following:
1. Mission Statement and Philosophy,

2. Days and Hours of Operation and Group Schedules,

3. Intake and Enrollment,

4. Orientation and Curriculum Outline,

5. Record Keeping and Reporting,

6. Fee Collection and Acceptance of Indigent Participants,

8. Non-discrimination,

9. Accessibility to Persons with Disabilities,

10. Duty to Warn and Reporting of Criminal Behavior, and

11. Reporting of Enrollment and Discharge Information to Referral Source and Probation and Parole, if applicable,

(b) The provider shall maintain and follow personnel policies and procedures for the following: equal employment opportunity; code of professional ethics and moral conduct; confidentiality; non-fraternization; conflict of interest; violence free lifestyle; drug free workplace; sexual harassment, confidential employee assistance, and domestic violence in the workplace. The aforementioned policies and procedures shall be submitted with the certification application and made available during annual monitoring.

(5) Provision of Services.

(a) Services shall not be denied to any person because of race, ethnicity, national origin, religion, age, gender, sex, sexual orientation, or disability.

(b) A list of certified programs compiled and updated by the ODV, which is available on the Department's website, will be provided to the Office of the State Courts Administrator for distribution to the justice system for use when referring the batterer to a batterers' intervention program. The program selected by the batterer shall perform the intake and enrollment, which shall include:
1. An explanation of program fees, rules, regulations, and expectations that includes at minimum, exceptions to confidentiality, refraining from perpetrating violence and violating pre-trial conditions or civil injunctions, refraining from use of substance prior to and during group, any special considerations surrounding recording of sessions or visitors to group (such as monitors), and when consent is required to release participant information.

2. A Participant Enrollment Form that includes at minimum personal demographics, economic status and income qualifications, history of perpetrated violence, source of referral, criminal and civil injunction history, and prior attendance at a batterers' intervention program.

(c) The program shall not accept for enrollment a participant who has been or is currently enrolled in another certified batterers' intervention program unless the program receives written approval via electronic mail for the participant to change programs from:
1. The referral source,

2. Probation and parole, if applicable, and

3. The program director of the batterers' intervention program where the participant is currently or was enrolled.

Upon approved transfer, the program that the participant is currently or was enrolled in will provide within 48 hours an electronic copy of the participant's file to the new program.

(d) The program shall conduct an initial eligibility screening of a participant to verify that the participant has perpetrated violence against an intimate partner, spouse, ex-spouse, or a person who shares a child in common or who is a cohabitant in an intimate relationship, for the purpose of exercising power and control by one over the other. Pursuant to Section 741.325(2), F.S., individuals who are not perpetrators of this type of violence are not appropriate for Batterers' Intervention Programs and should not be accepted into the program.

(e) The program shall conduct an orientation session with each participant. An outline of the orientation shall be given to each participant and a signed statement from the participant acknowledging attendance shall be placed in the participant's file. The orientation shall include:
1. Comprehensive definition of domestic violence, including coercive control, tactics of violence, and gender-based violence models.

2. Domestic violence and dating violence statistics.

3. Introduction of the Power and Control Wheel and Equality Wheel.

4. Overview of program rules, regulations, and expectations.

5. Outline of program content showing the dynamics of power and control, the effects of abuse on the victim, children and others, gender roles, socialization, and nature of the violence.

(f) Explanation of Assessments. The provider shall ensure that all participants are assessed to determine if they will benefit from mental health or substance abuse treatment programs prior to or concurrent with batterers' intervention.

(6) Group Sessions.

(a) The provider shall use a psychoeducational and/or cognitive behavioral therapy group model that incorporates power and control dynamics in the program curriculum.

(b) The program shall be a minimum of 29 weeks in length and include a minimum of 24 weekly group sessions. Each session shall be for a time period of one hour and 30 minutes, excluding breaks.

(c) The provider must establish policies on excused and unexcused absences and the requirements for participants to make up and receive credit for missed group sessions. The policy must include the maximum number of unexcused absences allowed before the participant is terminated from the program.

(d) The provider shall maintain policies regarding participant conduct and expectations during group sessions. Groups shall be in-person or virtual to ensure safety and confidentiality. Virtual groups must require attendees to participate on camera with audio and must be accessible to all participants when offered regardless of personal access to technology.

(e) The provider shall maintain group sizes appropriate to the intervention model being utilized and not exceed a maximum number of over 23 people for a co-facilitated group and 15 people in single facilitated groups.

(f) The program shall accept new members into the group on an ongoing basis.

(g) The program must provide separate services for offenders based on sex or gender to ensure safety and the use of appropriate interventions.

(h) If a participant has limited English proficiency and the program does not employ or contract with staff who are fluent in the participant's preferred language, the program will assess whether the participant has the ability to pay for an interpreter or utilize a translation language line. If the participant is unable to pay for an interpreter and there is no community resource to provide interpreter services free of charge, the program will assist the participant in finding a program that has bilingual staff or has the ability to provide interpreters. The program may permit the participant to use a family member or friend of the same sex to interpret in circumstances where the alternative options are not successful and there is documentation of the attempts to find an alternative. The program shall record in the participant's file how it addressed the participant's limited English proficiency.

(i) The program conducting a non-English speaking group shall have a facilitator who is fluent in that language.

(j) The program shall ensure continuity of weekly group sessions and not suspend or cancel weekly groups for a period of more than one week consecutively.

(7) Discharge Criteria.

(a) There are three categories of discharge from a certified program:
1. Completion indicates that the participant has completed the assessment performed by an assessor, has been in compliance with the program's rules and contract, has participated in the group at an acceptable level as determined by the facilitator, and has paid required provider program fees.

2. Termination indicates the participant is inappropriate for the program according to the screening criteria outlined in paragraph (5)(d) of this rule as determined by a certified assessor or the program or has not successfully met the requirements of the program as specified in the contract or program rules.

3. Transfer indicates the participant has been approved to transfer to another program as required in subparagraph 65H-2.016(5)(b) 2., F.A.C.

(b) When a participant is discharged from the program, the provider shall complete the following:
1. Document the reason(s) for discharge in the participant's file, and

2. Inform the victim as required in paragraph (8)(c) of this rule, and inform the referral source, probation and parole, if applicable, in writing, within three business days.

(8) Victim Participation and Notification.

(a) The provider must maintain policies and procedures on how it will communicate safely with victims, including obtaining victim contact information, providing initial notification that the perpetrator is attending a batterers' intervention program, determining whether the victim wants to receive information about the perpetrator's progress or provide information so that the provider can better understand the context of the perpetrator's violence, and when and how to share information regarding threats of violence made by the perpetrator during group sessions. The provider must rely on the referral source, and/or other sources such as court documents or police reports to ensure the victim contact information is valid. Providers shall not utilize perpetrators to provide victim contact information.

(b) The provider shall document that it notified or attempted to notify the victim within three business days of the batterer's enrollment in the program, and to confirm whether and how the victim wants to receive information about the batterer's progress, non-compliance, and discharge. The letter/email or documentation of telephonic communication shall be dated and include contact information for the local certified domestic violence center, law enforcement, probation or parole, if applicable, and the state attorney's office. Communication shall include information on the goals and objectives of the certified batterers' intervention program and advise the victim that information disclosed by the victim to program staff is not privileged communication as defined in Section 90.5036, F.S.

(c) The provider shall document that it notified or attempted to notify the victim by electronic or telephonic communication within 24 hours of the batterer's discharge from the program, and the reason for discharge: completion, termination, or transfer. Communication shall include contact information for the local certified domestic violence center, law enforcement, probation or parole, if applicable, and the state attorney's office.

(d) The program shall keep copies of all notification letters, documentation of telephonic communications or attempts to contact the victim in the batterer's file. Letters kept in the batterer's file shall not disclose the physical address or any other contact information for the victim.

(9) Record Keeping and Reporting Requirements.

(a) General Requirements. A provider shall maintain complete and accurate records regarding the program, personnel, and program participants at the program's office. Records shall be made available for review during the annual monitoring by the Department. Copies of required records with redacted personal information are acceptable for documentation.

(b) Personnel Records. The provider shall maintain complete and accurate records on each direct service staff employed or contracted by the program, which includes:
1. Name, address, home phone number, and date of birth;

2. Proof of identity, in the form of a copy of a valid government issued photo identification;

3. Proof of employment history check and security background investigations;

4. Current job description;

5. A resume or employment application;

6. Documentation of required education and work experience;

7. Documentation of required training and annual continuing education;

8. For individuals licensed under Chapters 490 and 491, F.S., a signed statement acknowledging confidentiality of information received;

9. Receipt of the program's policy and procedure manual; and

10. Form CF 1649, Affidavit of Good Moral Character, renewed annually. This form is incorporated by reference in subparagraph 65H-2.015(2)(a) 5., F.A.C.

(c) Program Participant Records. The provider shall maintain individual files on each program participant and retain the records for a minimum of five years from the date of discharge. Client files shall include the following information:
1. Proof of identity, in the form of a valid government issued photo identification;

2. Copy of the court order and police report, if applicable;

3. Financial assessment;

4. Completed assessment;

5. Record of attendance at orientation and groups with the dates of each session attended, missed, and made up;

6. Record of payment of all fees, including dates and amounts;

7. Copies of notification letters to the victim. Letters shall be dated and shall not disclose the physical address or any other contact information for the victim;

8. Copy of non-compliance reports, if any, to the referral source and probation and parole, if applicable; and

9. Copy of the discharge report to the referral source and probation and parole, if applicable.

(d) Health Insurance Portability and Accountability Act (HIPAA). The provider is responsible for determining if they must follow federal HIPAA requirements.

Rulemaking Authority 741.327 FS. Law Implemented 741.32, 741.325, 741.327 FS.

New 9-4-22

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