Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Admission procedure and new
client intake assessment required.
A written admission procedure must be established that includes
the determination of the appropriateness of the client by reviewing the
client's condition and need for treatment, the treatment services offered by
the program, and other available resources. This procedure must be coordinated
with the external, nonclinical conditions required by the legal, correctional,
and administrative systems within which the program operates. An intake
assessment procedure must also be established that determines the client's
functioning and treatment needs. All clients referred to a residential adult
sex offender treatment program must have a written intake assessment completed
within the first 30 days of admission to the program.
Subp. 2.
Assessments conducted by
qualified staff.
The clinical supervisor must direct qualified staff to gather
the requisite information during the intake assessment process and any
subsequent reassessments. The staff who conduct the intake assessment must be
trained and experienced in the administration and interpretation of sex
offender assessments.
Subp.
3.
Intake assessment appropriate to basic treatment protocol
of program.
A program may adapt the parameters specified in subparts
6 to
8 to conduct assessments that
are appropriate to the program's basic treatment protocol. The rationale for
the particular adaptation must be provided in the program policy and procedures
manual as specified under part
2965.0140, subpart
1, item E.
Subp. 4.
Reassessment.
At the discretion of the clinical supervisor or treatment team,
a full or partial reassessment may be conducted to formally document changes in
the client's progress in treatment, movement within the structure of the
program, receipt or loss of privileges, and discharge from the program.
Subp. 5.
Cultural
sensitivity.
Assessments must take into consideration the effects of
cultural context, ethnicity, race, social class, and geographic location on the
personality, identity, and behavior of the client.
Subp. 6.
Sources of assessment
data.
Sources of data may include:
A. collateral information, such as police
reports, victim statements, child protection information, presentence sex
offender assessments, presentence investigations, and delinquent and criminal
history;
B. psychological and
psychiatric test information;
C.
sex offender-specific test information, including psychophysiological
measurement of deception and sexual response;
D. relevant medical information;
E. interviews with the client;
F. previous and concurrent assessments of the
client, including chemical dependency, psychological, educational, and
vocational;
G. interviews,
telephone conversations, or other communication with the client's family
members, friends, victims, witnesses, probation officers, and police;
and
H. observation and evaluation
of the client's functioning and participation in the treatment process while in
residency.
Subp. 7.
Dimensions included in assessment.
The assessment must include, but is not limited to, baseline
information about the following dimensions, as appropriate:
A. a description of the client's conviction
or adjudication offense, noting the facts of the criminal complaint, the
clients description of the offense, any discrepancies between the client's and
the official or victim's description of the offense, and the assessor's
conclusion about the reasons for any discrepancies in the
information;
B. the client's
history of perpetration of sexually abusive and criminal sexual behavior and
delineation of patterns of sexual response that considers such variables as:
(1) the number and types of known and
reported sexually abusive and criminal sexual behaviors committed by the
client;
(2) the type of sexual
aggression used and any use of weapons;
(3) the number, age, sex, relationship to
client, and other relevant characteristics of the victims;
(4) the type of injury to the victims and the
impact of the sexually abusive or criminal sexual behavior on the
victims;
(5) the dynamics and
process of victim selection;
(6)
the role of chemical use prior to, during, and after any sexually abusive and
criminal sexual behaviors;
(7) the
degree of impulsivity and compulsivity, including any attempts by the client to
control or eliminate offensive behaviors, including previous
treatment;
(8) use of cognitive
distortions, thinking errors, and criminal thinking in justifying,
rationalizing, and supporting the sexually abusive and criminal sexual
behaviors;
(9) the reported degree
of sexual arousal or response prior to, during, and after any sexually abusive
and criminal sexual behaviors;
(10)
a profile of sexual arousal or response, including any paraphilic or sexually
abusive fantasies, desires, and behaviors;
(11) the degree of denial and minimization,
degree of remorse and guilt regarding the offense, and degree of empathy for
the victim expressed by the client; and
(12) the developmental progression of
sexually abusive behavior over time;
C. the client's developmental sexual history
that considers such variables as:
(1) family
of origin or other caretaker attitudes about sexuality and the sexual
atmosphere;
(2) childhood and
adolescent learning about sexuality, patterns of sexual interest, and sexual
play;
(3) history of reported
sexual victimization;
(4) sexual
history time line;
(5) courtship
behaviors and relationships, including marriages;
(6) experience of puberty;
(7) exposure to and use of sexually explicit
materials;
(8) nature and use of
sexual fantasies;
(9) masturbation
pattern and history;
(10) sense of
gender identity and sex role behavior and attitude;
(11) sexual orientation; and
(12) sexual attitudes and
knowledge;
D. the
client's history of any other aggressive or criminal behavior;
E. the client's personal history which
includes such areas as:
(1) current living
circumstances and relationships;
(2) prior out-of-home placements and living
arrangements;
(3) medical
history;
(4) educational
history;
(5) chemical dependency
history;
(6) employment and
vocational history; and
(7)
military history;
F. a
family history which considers such variables as:
(1) reported family composition and
structure;
(2) parental separation
and loss;
(3) family strengths and
dysfunctions;
(4) criminal
history;
(5) chemical abuse
history;
(6) mental health
history;
(7) sexual, physical, and
emotional maltreatment; and
(8)
family response to the sexual criminality;
G. the views and perceptions of significant
others, including their ability or willingness to support any treatment
efforts;
H. personal mental health
functioning which includes such variables as:
(1) mental status;
(2) intellectual functioning;
(3) coping abilities, adaptational styles,
and vulnerabilities;
(4) impulse
control and ritualistic or obsessive behaviors;
(5) personality attributes and disorders or
affective disorders;
(6) learning
disability or attention deficit disorder;
(7) posttraumatic stress behaviors, including
any dissociative process that may be operative;
(8) organicity and neuropsychological
factors; and
(9) assessment of
vulnerability;
I. the
findings from any previous and concurrent sex offender, psychological,
psychiatric, physiological, medical, educational, vocational, or other
assessments; and
J. identification
of factors that may inhibit as well as contribute to the commission of
offensive behavior that may constitute significant aspects of the client's
offense cycle and their current level of influence on the client.
Subp. 8.
Administration of
psychological testing and assessments of adaptive behavior.
Where possible, psychological tests and assessments of adaptive
behavior, adaptive skills, and developmental functioning used in sex offender
intake assessments must be standardized and normed for the given population
tested. The results of the tests must be interpreted by a qualified person who
is trained and experienced in the interpretation of the tests. The results may
not be used as the only or the major source of risk assessment.
Subp. 9.
Assessment
conclusions and recommendations.
A. The
conclusions and recommendations of the intake assessment must be based on the
information obtained during the assessment. The clinical supervisor must
convene a treatment team meeting to review the findings and develop the
assessment conclusions and recommendations.
B. The interpretations, conclusions, and
recommendations described in the report must show consideration of the:
(1) strengths and limitations of the
procedures used in the assessment;
(2) strengths and limitations of
self-reported information and demonstration of reasonable efforts to verify
information provided by the client; and
(3) client's legal status and the relevant
criminal and legal considerations.
C. The interpretations, conclusions, and
recommendations described in the assessment report must:
(1) be impartial and provide an objective and
accurate base of data;
(2) note any
issues or questions that exceed the level of knowledge in the field or the
expertise of the assessor; and
(3)
address the issues necessary for appropriate decision making regarding
treatment and reoffense risk factors.
Subp. 10.
Assessment report.
The assessment report must be based on the conclusions and
recommendations of the treatment team review. One qualified sex offender
treatment staff person who is also a team member must be responsible for the
integration and completion of the written report, which is signed and dated and
placed in the client's file. The report must include at least the following
areas:
A. a summary of diagnostic and
typological impressions of the client;
B. an initial assessment of the factors that
both protect and place the client at risk for unsuccessful completion of the
program and sexual reoffense;
C. a
conclusion about the client's amenability to treatment; and
D. a conclusion regarding the appropriateness
of the client for placement in the program:
(1) if residential sex offender treatment is
determined to be inappropriate, a recommendation for alternative placement or
treatment is provided; or
(2) if
residential sex offender treatment is determined to be appropriate, the report
must present:
(a) an outline of the client's
treatment needs and the treatment goals and strategies to address those
needs;
(b) recommendations, as
appropriate, for the client's needs for services in adjunctive areas such as
health, chemical dependency, education, vocational skills, recreation, and
leisure activities;
(c) a note of
any concurrent psychological or psychiatric disorders, their potential impact
on the treatment process, and suggested remedial strategies; and
(d) recommendations, as appropriate, for
additional assessments or necessary collateral information, referral, or
consultation.
