RELATES TO: KRS Chapter 13B, 202A.011(12)(d), 202A.400,
209.030, Chapter 209A, 222.005, 309.080-309.089, 309.130-309.1399, Chapters
311, 319, 335.080, 335.100, 335.300-335.399, 335.500-335.599, 403.715-403.785,
421.570, Chapters 456, 506, 507, 507A, 508, 509, 510, 511.020-511.040, 511.085,
512.020, Chapters 513, 515, 517.050, Chapter 529, 530.020, 530.060, 530.064,
530.065, 530.070, 531.030, 531.040, 531.300-531.370, 620.030, and 45 C.F.R.
Part 46
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
194A.050(1) requires the
secretary to promulgate administrative regulations necessary to implement
programs mandated by federal law or to qualify for the receipt of federal funds
and necessary to cooperate with other state and federal agencies for the proper
administration of the cabinet and its programs.
KRS
403.7505 requires the Cabinet for Health and
Family Services to promulgate administrative regulations establishing
certification standards for mental health professionals providing court-ordered
treatment services for domestic violence offenders. This administrative
regulation establishes certification requirements, standards for services, and
reporting requirements for a domestic and dating violence and abuse batterer
intervention provider.
Section 1.
Definitions.
(1) "Appellant" means an
applicant or a provider who requests:
(a) An
informal resolution meeting in accordance with Section 13 of this
administrative regulation; or
(b)
An administrative hearing in accordance with Section 14 of this administrative
regulation.
(2)
"Applicant" means an individual applying for certification as a domestic and
dating violence and abuse batterer intervention provider.
(3) "Assessment" means an evaluation of a
batterer in accordance with Section 9(1) of this administrative
regulation.
(4) "Associate
provider" means an individual certified by the cabinet to provide domestic and
dating violence and abuse batterer intervention services in accordance with
Section 4(1) or 5(2) of this administrative regulation, only under the direct
supervision of an autonomous provider.
(5) "Autonomous provider" means a
professional certified by the cabinet in accordance with Section 4(2) or (4) of
this administrative regulation for unsupervised clinical practice in a domestic
and dating violence and abuse batterer intervention program.
(6) "Batterer" means an individual who:
(a) Has been charged with or convicted of a
criminal offense related to domestic or dating violence and abuse;
(b) Is a respondent in a protective order
issued by a court pursuant to
KRS
403.740,
403.750(1),
456.030,
or
508.155(4);
or
(c) Is a substantiated
perpetrator in a child abuse or neglect investigation with domestic or dating
violence and abuse allegations and has been referred by the
department.
(7)
"Cabinet" means the Cabinet for Health and Family Services or its
designee.
(8) "Client" means a
batterer who has been admitted to a program.
(9) "Court" means a district, family, or
circuit court of the Commonwealth of Kentucky.
(10) "Court-ordered" means subject to an
order entered by a district, family, or circuit court judge for a batterer to
be assessed by a provider to determine the batterer's eligibility for admission
to a program or to participate in a program.
(11) "Dating violence and abuse" is defined
by
KRS
456.010(2).
(12) "Department" means the Department for
Community Based Services or its designee.
(13) "Domestic violence and abuse" is defined
by
KRS
403.720(1).
(14) "Domestic violence shelter" means a
program meeting the standards of 922 KAR
5:040.
(15) "Intervention" means individual or group
counseling and education based upon a core curriculum that focuses on cessation
of domestic and dating violence and abuse.
(16) "Program" means the services provided in
accordance with Sections 5 through 12 of this administrative regulation to
batterers who have been referred by a court for assessment or intervention
related to domestic and dating violence and abuse.
(17) "Provider" means an associate provider
or an autonomous provider.
(18)
"Sanction" means a compulsory or restrictive action, such as:
(a) A prohibition, requirement, limitation,
or other condition affecting the freedom of a person;
(b) Withholding of relief;
(c) Imposition of a penalty or
fine;
(d) Destruction, seizure, or
withholding of property;
(e)
Assessment of damages, reimbursement, restitution, compensation, costs,
charges, or fees; or
(f) Revocation
or suspension of a license.
(19) "Screening" means the action taken by a
provider to determine a batterer's eligibility for admission to the
program.
(20) "Victim" means a
person of any age who is experiencing or has experienced domestic violence and
abuse or dating violence and abuse.
(21) "Victim advocate" is defined by
KRS
421.570.
Section 2. Certification Procedures.
(1) An individual may apply to be certified
as an associate provider or an autonomous provider by submitting a DVPR-001,
Application for Batterer Intervention Provider Certification, to the
department.
(2) If an applicant is
not subject to denial or revocation for a reason established in Section 3 of
this administrative regulation, the department shall certify the applicant as
an:
(a) Associate provider, if the applicant
meets the qualifications specified in Section 4(1) of this administrative
regulation; or
(b) Autonomous
provider, if the applicant meets the qualifications specified in Section 4(2)
of this administrative regulation.
(3)
(a) No
later than sixty (60) days after receiving an application or receiving
additional documentation, the department shall notify an applicant in writing
if:
1. Certification is granted or denied;
or
2. The department is retaining
the application in accordance with Section 3(2) of this administrative
regulation.
(b) The
notice in accordance with paragraph (a) of this subsection shall:
1. Specify the effective date of
certification, if applicable;
2.
Specify the basis of the denial of the application, if applicable;
3. Specify additional documentation that is
required if the department retains the application in accordance with Section
3(2) of this administrative regulation; and
4. Inform the applicant of the right to
appeal a denial in accordance with the:
a.
Informal resolution process established in Section 13 of this administrative
regulation; and
b. Administrative
hearing process established in Section 14 of this administrative
regulation.
(4) Certification as a provider shall be
effective for two (2) years.
(5)
(a) Unless a provider's certification has
been revoked in accordance with Section 3 of this administrative regulation,
the department shall renew the certification of a provider upon
request.
(b) Completion of sixteen
(16) hours of continuing education related to domestic and dating violence and
abuse, pursuant to Section 6(9) of this administrative regulation, shall be
required for certification renewal.
(c) The department shall perform a random
audit on five (5) percent of the certification renewals to monitor provider
compliance with paragraph (b) of this subsection.
(6) The department may solicit references
from individuals outside of the department regarding the certification of
providers.
Section 3.
Denial or Revocation of Certification.
(1)
The department shall deny certification to an applicant if:
(a) The applicant's DVPR-001 is
incomplete;
(b) The documentation
of qualifications is insufficient to demonstrate that the applicant meets the
applicable requirements established in Section 4 of this administrative
regulation;
(c) The department
cannot verify the authenticity of the documentation of qualifications submitted
in the application; or
(d) The core
curriculum submitted fails to meet the requirements established in Section 10
of this administrative regulation.
(2) If the department denies certification in
accordance with subsection (1)(a) of this section, the department may retain
the application and permit the applicant to submit additional documentation in
accordance with a notice provided pursuant to Section 2(3)(b)3. of this
administrative regulation.
(3) The
department shall deny certification to an applicant and shall revoke the
certification of a provider any time after the effective date of certification
upon the department's determination that the applicant or provider:
(a) Within the past ten (10) years, has been
convicted of, pled guilty to, or completed the service of a sentence imposed
for:
1. Criminal homicide pursuant to KRS
Chapter 507;
2. Assault or a
related offense pursuant to KRS Chapter 508;
3. Kidnapping or a related offense pursuant
to KRS Chapter 509;
4. A sexual
offense pursuant to KRS Chapter 510;
5. Burglary or a related offense pursuant to
KRS
511.020 through
511.040;
6. Domestic violence shelter trespass
pursuant to
KRS
511.085;
7. Criminal damage to property pursuant to
KRS
512.020;
8. Robbery pursuant to KRS Chapter
515;
9. Falsifying business records
as defined in
KRS
517.050 if the conviction was in relation to
the applicant's clinical practice;
10. Incest as defined in
KRS 530.020;
11. Endangering the welfare of a minor as
defined in
KRS
530.060;
12. Unlawful transaction with a minor as
defined in
KRS
530.064,
530.065,
or
530.070;
13. Sexual exploitation of a minor pursuant
to
KRS
531.300 to
531.370;
14. Criminal attempt, as defined in
KRS 506.010, to
commit an offense identified in this paragraph;
15. Distribution of obscene materials
involving a minor pursuant to
KRS
531.030 or
531.040;
16. Prostitution or related offense pursuant
to KRS Chapter 529;
17. Arson as
defined in KRS Chapter 513; or
18.
Fetal homicide as defined in KRS Chapter 507A;
(b) Has been the subject of a domestic or
dating violence and abuse protective order pursuant to
KRS
403.740 or an interpersonal protective order
pursuant to
KRS
456.060 within the five (5) years prior to
the date of the application or any time after the effective date of
certification;
(c) Has experienced
substance use disorder as defined in
KRS
222.005(12) within the two
(2) years prior to the date of the application, or engages in alcohol or drug
abuse any time after the effective date of certification; or
(d) Is subject to a current court order
restraining or enjoining the applicant from providing a service authorized by
licensure or certification.
(4) Depending on the severity or date of the
infraction, the department may deny an application or revoke the certification
of a provider who:
(a) Has had a sanction
applied against or a revocation of a professional license or certification held
by the applicant or provider at any time in the two (2) years prior to the date
of an application or any time after being certified;
(b) Currently has a sanction applied against
a professional license or certification;
(c) Has provided domestic and dating violence
and abuse batterer assessment or intervention services in violation of Section
5(2) or (3) of this administrative regulation;
(d) Has failed to implement a corrective
action plan in accordance with Section 12(6) or (7) of this administrative
regulation;
(e) Has failed to
follow the curriculum submitted in the application or submitted and approved in
accordance with Section 10(11) of this administrative regulation;
(f) Has failed to meet a requirement
established in Sections 2 through 11 of this administrative
regulation;
(g) Has provided
information that the department:
1. Is unable
to verify; or
2. Has determined to
be incorrect; or
(h) Has
failed to meet the data submission requirements established in Section 6(10) of
this administrative regulation.
(5) The department shall revoke the
certification of a provider that fails to meet the continuing education
requirement established in Section 6(9) of this administrative
regulation.
(6)
(a) If a provider's certification is revoked,
the department shall notify a provider in writing.
(b) A notice in accordance with paragraph (a)
of this section shall:
1. Specify the
effective date that certification shall be revoked;
2. Specify the basis of the determination to
revoke a certification; and
3.
Inform the provider of the right to appeal the revocation in accordance with
the:
a. Informal resolution process
established in Section 13 of this administrative regulation; and
b. Administrative hearing process established
in Section 14 of this administrative regulation.
(7) A provider whose
certification is revoked in accordance with subsection (3)(b) of this section
shall be ineligible for certification until the fifth anniversary of the
effective date of the revocation.
(8) A provider whose certification is revoked
in accordance with subsection (3)(c) of this section shall be ineligible for
certification until the second anniversary of the effective date of the
revocation.
(9) The department
shall renew the certification of a provider whose certification has been
revoked in accordance with Section 6(9) of this administrative regulation upon
the department's receipt of documentation that the provider has met the
requirement of Section 2(5) of this administrative regulation.
Section 4. Qualifications of
Certified Providers.
(1) The qualifications
of an associate provider shall be:
(a) A
bachelor's degree from an accredited university or college;
(b) Completion of twenty-four (24) hours of
specialty training in domestic and dating violence and abuse including:
1. Characteristics and dynamics of domestic
and dating violence and abuse;
2.
Clinical profiling of batterers;
3.
Risk assessment and lethality of batterers;
4. Intervention of batterers;
5. Effective services for victims and child
witnesses of domestic and dating violence and abuse;
6. Understanding intersections and barriers
to services for vulnerable populations;
7. Safety planning and harm reduction for
victims;
8. Criminal sanctions for
domestic and dating violence and abuse and legal remedies for
victims;
9. Mandatory reporting of
suspected abuse, neglect, or dependency; and
10. Reporting and educational requirements
established in KRS Chapter 209A;
(c) Two (2) years of full-time post bachelor
degree work experience totaling at least 4,000 hours that shall include general
clinical experience or direct case experience related to domestic and dating
violence and abuse;
(d) A written
agreement to receive supervision, which shall include:
1. Case discussion;
2. Review of reading assignments;
3. Skill building; or
4. Review of an audio or video recording of
assessment and intervention performed by the associate provider; and
(e) Written recommendations for
certification from two (2) victim advocates, at least one (1) of whom works in
an agency separate from the applicant.
(2) The qualifications of an autonomous
provider shall be:
(a) A Master's degree from
an accredited university or college;
(b) Possession of a certificate or license to
practice under the laws of the Commonwealth of Kentucky in one (1) of the
following disciplines:
1. Psychology in
accordance with KRS Chapter 319;
2.
Social work in accordance with
KRS
335.080 or
335.100;
3. Medicine in accordance with KRS Chapter
311 if board eligible in psychiatry and neurology;
4. Psychiatric nursing in accordance with
KRS
202A.011(12)(d);
5. Marriage and family therapy in accordance
with
KRS
335.300 to
335.399;
6. Professional counseling in accordance with
KRS
335.500 to
335.599;
7. Art therapy in accordance with
KRS
309.130 to
309.1399; or
8. Alcohol and drug counseling in accordance
with
KRS
309.080 to
309.089;
(c) 150 hours of clinical
experience providing domestic and dating violence and abuse services under the
direct supervision of an autonomous provider who is licensed or certified in
accordance with paragraph (b) of this subsection of which 120 hours of the time
shall have been with batterers and thirty (30) hours with victims;
(d) Documentation certifying completion of a
three (3) hour training program in clinical supervision that has been approved
by a professional licensing board referenced in paragraph (b) of this
subsection;
(e) Completion of the
training required by subsection (1)(b) of this section;
(f) A written recommendation for
certification from the autonomous provider who provided the supervision
required by paragraph (c) of this subsection; and
(g) Written recommendations for certification
from two (2) victim advocates, at least one (1) of whom works in an agency
separate from the applicant.
(3) The cabinet shall grant certification as
a provider to an applicant from another state:
(a) Meeting or exceeding the standards of
subsection (1) or (2) of this section;
(b) Holding a current certificate or license
from another state;
(c) Being in
good standing with the other state's certifying agency; and
(d) Complying with the training and
application requirements of subsection (1)(b) of this section.
(4) The cabinet shall waive the
requirements of subsection (2) of this section, if an associate provider
applies for certification as an autonomous provider:
(a) After two (2) years' experience and a
minimum of 4,000 hours working in a batterer intervention program;
and
(b) Upon recommendation of the
autonomous provider supervising the associate provider.
Section 5. Scope of Practice and
Supervision Requirements.
(1) All providers
shall perform and document conflict of interest checks prior to providing any
service to a victim and ensure compliance with
KRS
209A.070.
(2) Under the supervision of an autonomous
provider, an associate provider may:
(a)
Screen, assess, plan, and provide batterer intervention;
(b) Consult with a court, prosecutor, law
enforcement official, mental health provider, and others regarding the
assessment of and intervention with a client; or
(c) Contact a victim of a client in
accordance with Section 7 of this administrative regulation.
(3) An associate provider who
provides a service in accordance with subsection (2) of this section shall
participate in at least one (1) hour per week of clinical supervision pursuant
to the written agreement established in Section 4(1)(d) of this administrative
regulation.
(4) An autonomous
provider may provide screening, assessment, intervention, and consultation
independently and supervise an associate provider if an autonomous provider
has:
(a) Participated in a three (3) hour
training program in clinical supervision that has been approved by a
professional licensing board specified in Section 4(2)(b) of this
administrative regulation, or by the cabinet; and
(b) Practiced batterer intervention for a
period of at least one (1) year.
(5) A certified autonomous provider who
supervises an associate provider:
(a) Shall:
1. Provide the supervision required by
subsection (2) of this section; and
2. Assure that an associate provider performs
a service in accordance with Sections 4, 5(2), 6, 7, 8, 9, 10, 11, and 12(7) of
this administrative regulation; and
(b) Shall not supervise more than six (6)
associate providers concurrently.
Section 6. General Service Standards.
(1) A court-ordered service shall be based on
the following premises:
(a) Domestic and
dating violence and abuse constitutes a health hazard to a victim who may
experience short and long-term effects from the abuse;
(b) Immediate and long-term cessation of the
domestic and dating violence and abuse is the priority purpose for batterer
intervention;
(c) Domestic and
dating violence and abuse in any form are criminal behaviors;
(d) Batterer intervention shall be designed
to enhance and promote the safety of a victim including a spouse, live-in
partner, child, or other family member;
(e) A victim is not responsible for the
violent behavior of a batterer and a provider shall not promote the concept of
mutual responsibility in explaining domestic and dating violence and
abuse;
(f) The batterer is
accountable for domestic and dating violence and abuse, which is the product of
individual choice and learned traits. The batterer's psychopathology, substance
abuse, other disorder, or cultural background is not an explanatory cause of
domestic and dating violence and abuse, but can influence the batterer's
behavior; and
(g) Cooperation and
service coordination between the criminal justice system, the department, a
victim's advocate, a domestic violence shelter, and a chemical dependency or
mental health professional may be required to assure effective treatment and
the safety of a victim or a potential victim.
(2) A provider shall give each client a
written document that explains the complaint process of the program.
(3) A provider shall:
(a) Treat all clients with respect and
dignity at all times; and
(b) Not
discriminate against any client based on race, ethnicity, gender, age,
religion, or disability.
(4)
(a) A
batterer, a client, or a victim shall have the right to complain verbally or in
writing to the:
1. Provider;
2. Referring court; or
3. Cabinet.
(b) A provider shall not take adverse action
against a batterer, a client, or a victim who makes a complaint.
(5) A provider shall:
(a) Comply with 45 C.F.R. Part
46 , and any
applicable state institutional review board pertaining to research with a human
subject; and
(b) Protect the
privacy of a batterer or a client who gives consent to participate in provider
sponsored research.
(6)
A provider shall:
(a) Provide a clean and
comfortable facility that shall be handicap accessible; and
(b) Meet the requirements of
815 KAR
10:060, relating to standards of fire
safety.
(7) The provider
shall comply with federal and state law applicable to the confidentiality of a
client record.
(8) The provider
shall establish an individual record for each client who receives a
court-ordered service. The record shall:
(a)
Document each service provided to the client; and
(b) Demonstrate that the services meet the
requirements of Sections 6 through 11 of this administrative
regulation.
(9) A
provider shall accrue a minimum of sixteen (16) hours of continuing education
related to domestic and dating violence and abuse during the two (2) year
period for renewal.
(10) Providers
certified pursuant to Section 2 of this administrative regulation shall collect
and submit information to the department in accordance with
KRS
403.7505.
Section 7. Contact with a Victim.
(1) In the provider's professional opinion,
if contacting a domestic or dating violence and abuse victim would not increase
the risk of harm to the victim or others, a provider may attempt to contact the
victim and shall:
(a) Offer the victim an
opportunity to participate in the assessment of the batterer by disclosing
information about the batterer and the circumstances of the domestic or dating
violence and abuse;
(b) Assure the
victim the source of the information will not be revealed to the
batterer;
(c) Inform the victim
that disclosure of child abuse, neglect, or dependency or vulnerable adult
abuse, neglect, or exploitation is required to be reported;
(d) Provide the victim information about the
program, its possible benefits, the limitations of the program's intervention
services, and the degree to which the batterer's participation may result in
increased safety for the victim; and
(e) Make reasonable efforts to refer a victim
to a domestic violence shelter, victim advocate, or another program designated
to provide specialized victim services.
(2) A provider shall document each contact
with a victim.
(3) A provider shall
not contact a victim in the presence of a batterer.
(4) If a victim does not consent to
participate, withdraws consent to participate, or refuses to participate or
provide information about a batterer or a client, a provider shall not attempt
to coerce or persuade the victim to participate.
(5) If a provider does not contact a victim,
the provider shall document the reasons for this decision in the client
record.
Section 8.
Screening Procedures.
(1) A provider shall
establish:
(a) Eligibility criteria for
participation in a program that:
1. Requires
that the batterer sign an authorization to disclose to a victim the batterer's
failure to participate in or discharge from the program;
2. May include a batterer's admission of
responsibility for a domestic or dating violence and abuse related offense;
and
3. Shall not be based solely on
the ability to pay for services;
(b) A procedure to accept a referral from a
court following a charge of a domestic or dating violence and abuse related
offense as a condition of a protective order issued pursuant to
KRS
403.740,
403.750(1),
or
508.155(4);
(c) A procedure to accept a referral from the
department; and
(d) A procedure for
notifying the referring court or department if a batterer is ineligible for the
program. The notice shall:
1. Specify the
reason a batterer is determined to be ineligible in accordance with the
eligibility criteria established by the provider pursuant to paragraph (a) of
this subsection;
2. Specify each
referral made in accordance with Section 9(3) and (4) of this administrative
regulation, if any;
3. Be made no
later than five (5) days after the determination is made;
4. Recommend a service more likely to benefit
the batterer, in the provider's professional opinion; and
5. Recommend that the court notify a victim
pursuant to
KRS
403.7505(3)(e) that the
batter-er is ineligible for the program.
(2) A provider shall inform a batterer of the
following information prior to the batterer receiving an assessment or
intervention:
(a) The requirement for
confidentiality of information and the limit on confidentiality including:
1. The duty of a provider to warn and protect
an intended victim of a threat to harm, as required by
KRS
202A.400;
2. The requirement to report abuse in
accordance with
KRS
209.030 and
620.030;
and
3. The fact that information
disclosed to the provider or to another client may be used against the batterer
in a civil or criminal proceeding;
(b) The requirement of a court order, a
statute, or an administrative regulation that imposes a duty upon the provider
to disclose information or make a report pertaining to the batterer or the
client to:
1. A court;
2. A prosecutor;
3. A probation or parole officer;
4. A law enforcement agent;
5. The victim; or
6. Another person or organization that may be
involved in the assessment of the batterer or the intervention of the
client;
(c) The
information provided in accordance with paragraph (b) of this subsection, which
shall include:
1. The name of the person, if
known, and the title of the agency or organization to whom information shall be
disclosed, or to whom a report shall be made;
2. The basis of the duty to disclose
information or to make a report; and
3. The condition under which information
shall be disclosed or a report made;
(d) The batterer's responsibility to pay for
an assessment or intervention in accordance with
KRS
403.7505(3)(g), the cost to
the batterer, and the provider's policy regarding failure to pay;
(e) The expected length of intervention and
the procedure for voluntary and involuntary discharge from the
program;
(f) An explanation of the
provisions in Section 6 of this administrative regulation;
(g) A description of the assessment and
intervention that shall be provided to the batterer including the requirements
for participation;
(h) Notification
that, at the discretion of the court, failure to comply with the program may
result in a citation for contempt of court; and
(i) An explanation of the procedures for a
victim to participate in the program in accordance with Sections 7 and 10(13)
of this administrative regulation.
Section 9. Assessment and Admission
Procedures.
(1)
(a) If a batterer is determined to be
eligible for a batterer intervention program based on eligibility criteria
established in Section 8(1)(a) of this administrative regulation, the provider
shall perform an assessment of the bat-terer.
(b) The assessment conducted in accordance
with paragraph (a) of this subsection shall include consideration of the
batterer's:
1. History of abusive behavior,
including degree of harm and type of violent conduct, that may include
information provided by a victim, referral source, or other involved
professional;
2. Criminal
history;
3. Risk of harm to self
and others;
4. Medical
history;
5. History of a mental
disorder;
6. Current mental
status;
7. History or presence of a
substance abuse disorder;
8.
Characteristics and ability to benefit from the approved program curriculum;
and
9. Relevant public records,
including a police report and other information about the batter-er.
(2) If requirements of
Section 7 of this administrative regulation are met, a provider may interview a
victim and consider information provided by a victim in the
assessment.
(3) If, based on the
assessment required by subsection (1) of this section, the provider determines
that a batterer is unlikely to benefit from the program, the provider shall
document the reasons for the determinations and refer the batterer to a service
that is more likely to benefit the batterer in the provider's professional
opinion.
(4) A provider may require
a batterer to participate in mental health or substance use disorder treatment
as a prerequisite for admission to or completion of the domestic and dating
violence and abuse program.
(5) A
provider shall notify the referring court or department whether the batterer is
admitted to the program or is referred to another program or service:
(a) No later than five (5) days after making
the assessment required by subsection (1) of this section; and
(b) Within seventy-two (72) hours, if the
provider chooses not to admit a batterer to a program based on the batterer's
lethality or another factor related to the safety of the victim.
(6) A batterer shall be admitted
to a program if the batterer:
(a) Meets the
eligibility criteria pursuant to Section 8(1)(a) of this administrative
regulation;
(b) Signs a written
consent for intervention;
(c) Signs
a written agreement to comply with the program requirements; and
(d) Signs a written authorization for a
provider to disclose information to a party identified in Section 8(2)(b) of
this administrative regulation.
Section 10. Intervention Procedures.
(1) A provider shall make individual or group
intervention services available to a client at least once weekly.
(2) If a provider offers a group intervention
program, the program shall segregate based on gender identity and client safety
into separate groups.
(3) A group
intervention shall include:
(a) Between two
(2) and twelve (12) clients, unless two (2) providers are present;
and
(b) No more than twenty (20)
clients if two (2) providers are present.
(4) A group intervention session shall
require a client to attend for ninety (90) minutes or longer.
(5) A client shall participate in the program
for at least thirty (30) weeks.
(6)
A person not referred by a court may participate in a group intervention
provided for court-referred clients.
(7) A provider shall establish and follow a
core curriculum for group participation that includes:
(a) The definition and dynamics of domestic
and dating violence, including physical, sexual, psychological, and
environmental abuse;
(b) The
immediate and long-term effects of domestic and dating violence and abuse on
victims and those who witness it, including children, and Adverse Childhood
Experiences;
(c) Discussion of
civil and criminal law related to domestic and dating violence and
abuse;
(d) Instruction about
personal responsibility for domestic and dating violence and abuse;
(e) Confrontation of the client's use of
power, control, and coercion in an intimate relationship;
(f) Confrontation of rigid sex role
stereotyping;
(g) Challenge of the
client's pattern of aggression in a conflict with a victim;
(h) Exploration of the actual and perceived
role of alcohol and drug abuse in the domestic and dating violence and
abuse;
(i) Exploration of a
constructive and nonviolent method for resolving conflict in a
relationship;
(j) Exploration of
life experiences and belief systems that have fostered choices for violent
behavior;
(k) Safety planning and
knowledge of domestic and dating violence and abuse resources;
(l) Parenting after violence, including
education on pediatric abusive head trauma;
(m) Development of a relapse prevention
technique; and
(n) Promotion of
aftercare services and the development of an aftercare plan.
(8) At the discretion of the
provider's professional opinion, a provider may offer individual intervention
to a client if the client would:
(a) Not
benefit from a group intervention; or
(b) Be disruptive to a group
setting.
(9) If a client
participates in individual intervention, the:
(a) Curriculum content of the individual
intervention shall contain the core curriculum in accordance with subsection
(7) of this section;
(b) Provider
shall document a minimum of thirty-two (32), one (1) hour intervention
sessions; and
(c) Provider shall
document why individual intervention was preferred.
(10) A provider shall document factors, other
than the referral source, that make a client eligible for a program based on
gender identity.
(11)
(a) The department may approve an amendment
to a provider's core curriculum if the provider submits to the department:
1. A written request for approval of an
amended core curriculum;
2. An
explanation of the purpose for the amendment; and
3. The proposed amended core
curriculum.
(b) The
department shall notify the provider in writing if an amended curriculum is
approved or disapproved no later than thirty (30) days after the date that the
department receives the request.
(c) The notice provided in accordance with
paragraph (b) of this subsection shall:
1.
Specify the effective date of the approval, if granted;
2. Specify which of the requirements of
subsection (7) of this section that the amended curriculum does not meet, if it
is disapproved; and
3. Acknowledge
the right to dispute a disapproval in accordance with Sections 13 and 14 of
this administrative regulation.
(12) If a client of a program makes a threat
of physical violence against a clearly identified or reasonably identifiable
person, including a victim, or an actual threat of a specific violent act, a
provider shall comply with the warning requirements of
KRS
202A.400.
(13) If a client is discharged from a
program, a provider shall notify a victim in accordance with Section 7 of this
administrative regulation.
(14) A
provider shall not offer or provide marital counseling or family therapy to an
existing or former client or a victim:
(a)
Unless the client:
1. Has successfully
completed the program; and
2. Has
not demonstrated violence in the relationship with a victim for at least six
(6) months; and
(b) If:
1. There is a foreseeable risk of harm to the
victim which may result from the marital services; or
2. The provider believes that the victim may
agree to participate because of coercion or threat from the client.
Section 11.
Involuntary Discharge from a Program.
(1) A
provider shall involuntarily discharge a client who:
(a) Fails to attend more than three (3)
scheduled appointments;
(b) Fails
to actively participate in services or to complete assignments;
(c) Violates a provision of a court order;
or
(d) After admission to the
program, perpetrates domestic or dating violence and abuse or other behavior
that, in the provider's professional judgment, is associated with increased
risk of harm to the victim.
(2) A provider may involuntarily discharge a
client who fails to pay for assessment or intervention:
(a) As agreed; or
(b) As ordered by a court.
(3)
(a) A provider shall notify the referring
court or department in writing upon the provider's determination that a client
shall be discharged in accordance with subsection (1) or (2) of this
section.
(b) The notice provided in
accordance with paragraph (a) of this subsection shall:
1. Specify the reason for the discharge;
and
2.
a. Be made no later than five (5) days after
the determination; or
b. Be made no
later than seventy-two (72) hours if the determination is made in accordance
with subsection (1)(d) of this section.
(4) If the discharge is pursuant
to subsection (1)(d) of this section, a provider shall:
(a) Immediately attempt to notify the victim
in accordance with Section 10(13) of this administrative regulation;
and
(b) Document each effort to
notify the victim.
(5) A
provider may transfer a client to another certified provider, if:
(a) The batterer requests;
(b) The reason for the client's request is
verifiable;
(c) The batterer is in
good standing in the sending program;
(d) The receiving provider accepts the client
into the receiving program; and
(e)
Communication between the sending and receiving providers is documented and
includes a mutually agreed upon intervention plan for the batterer.
(6) If a client is transferred in
accordance with subsection (5) of this section, victim notification shall be
made pursuant to Section 7 of this administrative regulation.
Section 12. Monitoring.
(1) The cabinet shall investigate a signed
written or verbal complaint that alleges that a:
(a) Provider has failed to adhere to the
requirements in Section 2 through 11 of this administrative regulation;
or
(b) Provider's practice may
endanger a client or victim.
(2) The cabinet may conduct periodic provider
reviews to:
(a) Determine if a provider is in
compliance with the requirements established in the requirements in Sections 2
through 11 of this administrative regulation; and
(b) Evaluate overall quality of services
provided.
(3) A
cabinet's review or an investigation of a provider shall consist of one (1) or
more of the following:
(a) An interview with a
certified provider or other employee of the agency;
(b) A review of administrative
records;
(c) A review of client
records;
(d) Off-site monitoring by
cabinet staff using data submitted in accordance with Section 6(10) of this
administrative regulation;
(e)
Observation of an assessment or intervention, unless a batterer or client
objects to being observed;
(f)
Interviews with one (1) or more of the following:
1. A batterer or client who consents to an
interview;
2. A victim who consents
to an interview;
3. A judge or
other personnel of the referring court or agency;
4. A probation or parole officer;
5. A case worker for the cabinet;
or
6. Personnel from any other
agency who:
a. May make a referral for
court-ordered domestic and dating violence and abuse batterer intervention
services;
b. Interacts with a
provider; or
c. Has knowledge about
the provider's practice;
(g) Physical inspection of a provider's
facility; or
(h) The review of
other materials necessary to determine compliance with Sections 2 through 11 of
this administrative regulation and
KRS
403.7505.
(4) The cabinet shall refer an allegation
with any indication that a provider may have violated a requirement of a
professional licensure or certification board to a board or entity that has
jurisdiction over the provider.
(5)
Based on the information obtained in accordance with subsection (1), (2), or
(3) of this section, the cabinet may determine that a program:
(a) Does or does not meet the requirements of
Sections 2 through 11 of this administrative regulation; and
(b) Is endangering a client or a
victim.
(6)
(a) If the cabinet determines that a
certified provider has failed to meet the requirements of Sections 2 through 11
of this administrative regulation or is endangering a client or a victim, the
cabinet shall notify the provider in writing of its determination.
(b) Based upon findings of an investigation
or provider review, the cabinet may:
1.
Require the provider to submit a corrective action plan;
2. Impose a corrective action plan upon the
provider; or
3. Revoke a provider's
certification in accordance with Section 3(3) or (4) of this administrative
regulation.
(7) If the cabinet determines that the
associate provider has failed to meet a requirement specified in Section 5(3)
of this administrative regulation, the:
(a)
Cabinet shall notify an autonomous provider who supervises an associate
provider; and
(b) Autonomous
provider shall be responsible to assure that corrective action is
taken.
(8) A review or
investigation conducted by the cabinet shall include precautions to avoid risk
or harm to a client or a domestic and dating violence and abuse
victim.
Section 13.
Informal Resolution of Disputes Prior to Hearing.
(1) An applicant or provider may request an
informal resolution meeting if the applicant or provider wishes to appeal:
(a) The denial of an application;
(b) The revocation of
certification;
(c) A determination
made in accordance with Section 12(5) of this administrative regulation;
or
(d) A determination, which is
specified in a notice, provided in accordance with Section 10(11)(b) of this
administrative regulation.
(2) A request for an informal resolution
meeting shall:
(a) Identify the disputed
determination or action;
(b) State
the basis on which the department's action is believed to be unwarranted or
erroneous;
(c) Summarize the
appellant's position;
(d) Provide
the name, address, and telephone number of each individual who is expected to
attend an informal resolution meeting on the appellant's behalf, if a meeting
is held; and
(e) Include
documentary evidence that the appellant wishes the department to consider in
relation to the dispute.
(3) A request for an informal resolution
meeting shall not be considered a request for an administrative
hearing.
(4) The department shall,
within thirty (30) days of receipt of a request made in accordance with
subsection (1) of this section, notify the appellant in writing of the
following:
(a) The time and place at which
the informal resolution meeting shall be held;
(b) The name and title of the department's
representative who is expected to attend the meeting;
(c) The provisions of subsections (3) and (9)
of this section; and
(d) The
provisions of Section 14(1) of this administrative regulation.
(5) The informal resolution
meeting shall be scheduled for a date no later than sixty (60) days after
receipt of a request submitted in accordance with subsection (1) of this
section.
(6) Prior to an informal
resolution meeting, the department may rescind the disputed action or
determination based on the contents of the request.
(7) The department shall cancel an informal
resolution meeting if:
(a) It rescinds the
disputed action or determination in accordance with subsection (6) of this
section;
(b) It informs the
appellant of the decision to rescind the disputed determination or action at
least three (3) business days prior to the scheduled date of the meeting;
and
(c) The appellant agrees to
cancellation of the meeting.
(8) The department shall document the actions
taken in accordance with subsection (7) of this section.
(9) If an informal resolution meeting is
held, the department shall notify the appellant in writing no later than thirty
(30) days after the meeting if it shall rescind, modify, or enforce the
disputed action, and the facts upon which its decision is based.
(10) An appellant may request an
administrative hearing in accordance with Section 14(1) of this administrative
regulation at any time during the informal resolution process established in
this section.
Section
14. Administrative Hearing Process.
(1) A completed DPP-154, Protection and
Permanency Service Appeal Request, incorporated in 922 KAR
1:320, requesting an
administrative hearing shall be received by the department no later than thirty
(30) calendar days after the date of notice of a determination or a resolution
decision, whichever is later. The request shall be sent to the Batterer
Intervention Program Administrator, Department for Community Based Services,
Division of Protection and Permanency, 275 East Main Street, Frankfort,
Kentucky 40621.
(2) An
administrative hearing shall be conducted by a hearing officer who is
knowledgeable of cabinet policy. The secretary of the cabinet shall appoint the
hearing officer pursuant to
KRS
13B.030.
(3) The department shall forward to the
hearing officer an administrative record, which shall include:
(a) A copy of the notice of action
taken;
(b) A copy of the request
for an informal resolution meeting, if applicable;
(c) The documentation required by Section
13(8) of this administrative regulation if applicable;
(d) A copy of the notice provided by the
department in accordance with Section 13(9) of this administrative regulation;
and
(e) Documentary evidence
provided by the appellant to the department.
(4) The hearing officer shall provide notice
of a hearing in accordance with
KRS
13B.050.
(5) A prehearing conference may be held at
least seven (7) calendar days in advance of the hearing date. Conduct of the
prehearing conference shall comply with
KRS
13B.070. Each party shall disclose the
evidence that the party intends to introduce at the hearing, including
documentary evidence and identification of witnesses.
(6) A request for a hearing shall be
considered to be abandoned, if the appellant does not appear at the hearing on
the scheduled date and the hearing has not been previously rescheduled. A
hearing request shall be withdrawn only under the following circumstances:
(a) The hearing officer receives a written
statement from the appellant stating that the request is withdrawn;
or
(b) The appellant states on the
record at the hearing that the request is withdrawn.
(7) Documentary evidence to be used at the
hearing shall be made available in accordance with
KRS
13B.090.
(8) The hearing officer shall conduct the
hearing in accordance with
KRS
13B.080.
(9) The hearing officer shall consider the
facts as presented at the hearing, including supplementary material, if
requested, and prepare a recommendation in accordance with
KRS
13B.110.
(10) The hearing officer's recommendation
shall be submitted to the secretary of the cabinet and to the department. The
department and the appellant shall have fifteen (15) calendar days within which
to file with the secretary exceptions to the hearing officer's recommendation
in accordance with
KRS
13B.110(4). The secretary
shall make the final decision of the cabinet pursuant to
KRS 13B.120,
supported by findings of fact and conclusions of law.
(11) In the correspondence transmitting the
decision, clear reference shall be made to the availability of judicial review
pursuant to
KRS
13B.140 and
13B.150.
(12) The department shall maintain an
official record of the hearing in compliance with
KRS
13B.130.
Section 15. Incorporation by Reference.
(1) "DVPR-001, Application for Batterer
Intervention Provider Certification", 07/2021, is incorporated by
reference.
(2) This material may be
inspected, copied, or obtained, subject to applicable copyright law, at the
Department for Community Based Services, 275 E. Main Street,, Frankfort,
Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m. This material may
also be viewed on the department's Web site at
https://chfs.ky.gov/agencies/dcbs/Pages/default.aspx.