New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS
Part 7 - COURT ORDERED DOMESTIC VIOLENCE OFFENDER TREATMENT OR INTERVENTION PROGRAMS
Section 8.8.7.10 - CRITERIA FOR APPROVED DVOTI PROGRAMS
Current through Register Vol. 35, No. 18, September 24, 2024
The department shall approve DVOTI programs that include the following criteria and features:
A. an initial assessment to determine if the domestic violence offender will benefit from participation in the program and a policy in place for notification to the court if a determination is made that an offender will not benefit from the program; the program will provide recommendations for alternative offender treatment to the court pursuant to section 15;
B. a written contract, which must be signed by the domestic violence offender, that sets forth:
C. strategies to hold domestic violence offenders accountable for their violent behavior;
D. a requirement for group discussions that the participants be limited to members of the same gender;
E. a requirement that offenders under the age of 18 may be enrolled in intervention groups so long as they are separate from adult groups;
F. goals that focus on the cessation of abuse or violence, whether physical or non-physical, and that is mindful of the safety of the victim, current partner and children;
G. ongoing process of assessing for danger during the time the offender is enrolled in the program;
H. a written policy requiring a duty to warn potential victims of threats of imminent harm and other mandatory reporting requirements designed to protect victim, potential victims and children;
I. an education component for treatment that:
J. a requirement that the program provide monthly written reports to the presiding judge or the domestic violence offender's probation or parole officer regarding:
K. a requirement that all approved domestic violence offender treatment or intervention programs must consist of at least 52 weeks of group sessions lasting no less than ninety minutes each; individual sessions to address crisis management or case management issues will not replace group sessions; and
L. a requirement that all approved domestic violence offender treatment or intervention programs must maintain a staff to client ratio of 1:12 with the group size limited to no more than 20; and
M. Marriage counseling, family therapy and counseling for couples shall not be a component of an approved domestic violence offender treatment or intervention program.
N. a requirement that DVOTI staff working with offenders receive the following training:
O. the DVOTI shall make a good faith effort to establish a cooperative working relationship with a local domestic violence victim services provider and that the DVOTI participate to the extent possible in the local coordinated community response team working to reduce domestic violence.
P. a requirement that the group be strictly limited to domestic violence offenders and cannot include other classes of offenders.