65C-5.001: Purpose
65C-5.002: Definitions
65C-5.003: Application for Certification
65C-5.004: Program Requirements
65C-5.005: Program Content
65C-5.006: Facilitator Eligibility
65C-5.007: Assessment Requirements
65C-5.008: Assessor Eligibility
65C-5.009: Trainer Requirements
65C-5.010: Monitoring
65C-5.011: Conflicts of Interest
PURPOSE AND EFFECT: These rules establish the minimum standards and procedures for the provision of intervention and assessment of batterers and for the approval of persons wishing to provide intervention and assessment services.
SUMMARY: Provides minimum standards for both programs and personnel who provide direct services to persons who are court ordered, referred by the department or other referral source, or volunteer to attend a batterer intervention program. Establishes procedures for the certification and monitoring of these providers.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 741.325 FS.
LAW IMPLEMENTED: 741.32, 741.325, 741.327 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
TIME AND DATE: August 17, 2006, 2:30 – 4:30 p.m.
PLACE: 1317 Winewood Boulevard, Building 2, Room 302W, Tallahassee, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Renee Starrett, (850)921-4766
THE FULL TEXT OF THE PROPOSED RULE IS:
65C-5.001 Purpose.
(1) The purpose of these rules is to establish the minimum standards and procedures for the provision of intervention and assessment of individuals who have committed a domestic violence offense and for the approval of persons wishing to provide intervention and assessment services to these individuals.
(2)(a) The purpose of a certified batterer intervention program shall be to provide the justice system with standardized programming to further the safety of victims and their children and to hold the perpetrators of domestic violence accountable for their acts.
(b) Batterer intervention programs are part of a coordinated community response and serve only as an additional tool that the community can use to hold batterers accountable. Courts should use batterer intervention programs in addition to, not instead of, appropriate legal sanctions such as jail, probation, restitution, fine or a combination of these.
(3)The purpose of a certified assessor shall be to determine if the batterer who has been referred to a batterer intervention program should also be referred for further evaluation.
Specific Authority 741.32, 741.325 FS. Law Implemented 741.32, 741.325 FS. History–New ______.
65C-5.002 Definitions.
For the purposes of this chapter, the following definitions apply:
(1) “Assessment” means a psychosocial evaluation to determine if those persons referred to a batterer intervention program would benefit from mental health or substance abuse treatment programs prior to or concurrent with batterer intervention.
(2) “Assessor” means a person who is certified hereunder to perform the psychosocial assessment for individuals who have been referred to a certified batterer intervention program.
(3) “Batterer” means a perpetrator of domestic violence, as defined in Section 741.28, F.S., or dating violence, as defined in Section 784.046, F.S.
(4) “Batterer Intervention Program” means a 29-week program that addresses the perpetration of violence by 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.
(5) “Certification” means a process of satisfying the requirements and minimum standards as set forth herein and in statute for establishing a certified batterer intervention program or certified assessor.
(6) “Certification Fee” means a fee charged by the department for state certification as a batterer intervention program or as an assessor.
(7) “Curriculum” means the approved educational content for a certified batterer intervention program.
(8) “Dating Violence” means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature as defined in Section 784,046(1)(d), F.S.
(9) “Department” means the Florida Department of Children and Families.
(10) “Direct service staff” means the on-site director responsible for the day to day operation of a certified batterer intervention program, or persons who are employed or contracted by a program to conduct orientation, facilitate groups or conduct assessments.
(11) “Domestic Violence” means the perpetration of violence between intimate partners, spouses, ex-spouses, or those who share a child in common or who are cohabitants in an intimate relationship for the purpose of exercising power and control by one over the other.
(12) “Facilitator” means a group leader for a certified batterer intervention program.
(13) “Good moral character” means a personal history of honesty, fairness, and respect for the rights of others and for laws of this state and nation.
(14) “Monitoring” means a process of reviewing the administrative and programmatic components of a certified batterer intervention program and certified assessor to ensure compliance with minimum standards as set forth herein and in statute.
(15) “Office of Certification and Monitoring” means the unit within the department responsible for the certification and monitoring of batterer intervention programs and assessors.
(16) “Participant” means an individual who is adjudged to have committed an act of domestic violence as defined in Section 741.28, F.S., or dating violence as defined by Section 784.046, F.S., those against whom an injunction for protection against domestic violence is entered, those referred by the department, and those who volunteer to attend a program.
(17) “Participant Fee” means the fee that shall be paid to the department by an individual who has been ordered by the court to attend a certified batterer intervention program, as provided for in Section 741.327(2), F.S.
(18) “Power and Control Model” means intervention that recognizes domestic violence where one partner in an intimate relationship systematically uses tactics of emotional and physical abuse in order to maintain power and control over the other.
(19) “Program” means the certified organization that provides a 29-week educational intervention for individuals who have committed an act of domestic violence. The program includes intake/enrollment, assessment, orientation, and 24 weekly group sessions.
(20) “Program Fee” means the fee assessed by the program as payment by the participant for services, as provided for in Section 741.325(6), F.S.
(21) “Provider” means the batterer intervention program and/or assessor certified by the department’s Office of Monitoring and Certification of Batterer Intervention Programs.
(22) “Psychoeducational Model” means a critical thinking program model that uses structured didactic interventions with batterers.
(23) “Victim” means an intimate partner, spouse, ex-spouse or those who share a child in common or who are cohabitants in intimate relationships against whom the batterer has committed an act of domestic violence.
Specific Authority 741.32, 741.325, 741.327, 784.046, 948.038 FS. Law Implemented 741.32, 741.325, 741.327 FS. History– New________.
65C-5.003 Application for Certification.
(1) Program Certification.
(a) Application for initial certification shall be made on form CF 831, Batterer Intervention Program Certification Application, which is incorporated by reference. The program’s policy and procedure manual, as set forth herein, forms, informational brochures and staff, educational, experiential, and training documentation shall be attached to the application and sent to the department’s Office of Certification and Monitoring. An application may be obtained from the department’s website. All program locations within a judicial circuit are included in the application and application fee. Branch or satellite offices existing in other judicial circuits shall submit a separate application and application fee for each circuit.
(b) The individual owner, or the designated representative of a corporation or partnership shall sign the application.
(c) A non-refundable application fee of $300 will be assessed per applicant for certification and shall be submitted with the application. Submission of an application and application fee does not ensure state certification.
(d) A batterer intervention program certification is issued in the name of the owner, corporation or partnership, is non-transferable, and is valid only for the program and location or locations named in the application, which has been approved by the department.
(e) If the provider wishes, during the certification period, to change the location of service or open additional locations within the circuit where certified, the provider shall notify the department, in writing, at least 45 days prior to the change. If the provider wishes to open additional locations in a circuit where it is not currently certified, the provider shall submit an initial application and application fee for certification.
(f) The certificate issued by the department or a copy thereof, shall be displayed within public view at the program’s location or locations.
(g) Initial certification is provisional and valid for six (6) months. Upon the department’s satisfaction that all minimum standards have been met as required herein and in statute, certification may be extended for an additional six (6) months. Thereafter, certification may be renewed for one (1) year. Certification shall be denied, suspended or revoked for failure to comply with any of the requirements detailed herein or in statute.
(h) Application for certification renewal shall be made on form CF 831, Application for Certification, Batterer Intervention Program. An application may be obtained from the department’s website.
(i) A non-refundable fee of $150 will be assessed per applicant for certification renewal and shall be received by the department’s Office of Certification and Monitoring at least 30 days prior to the expiration date of the current certification to ensure that a lapse of certification does not occur. Submission of an application and application fee does not ensure renewal of state certification.
(2) Assessor Certification.
(a) Application for initial certification shall be made on form CF 840, Assessor Certification Application, which is incorporated by reference, and sent to the department’s Office of Certification and Monitoring. An application may be obtained from the department’s website.
(b) A non-refundable application fee of $100 will be assessed per applicant for certification and shall be submitted with the application to the department. Submission of an application and application fee does not ensure state certification by the department.
(c) Certification is for one (1) year and may be denied, suspended or revoked for failure to comply with any of the requirements detailed herein or in statute.
(d) Certification is non-transferable and valid only for the person named in the certificate issued by the department.
(e) The certificate issued by the department or a copy thereof, shall be displayed at the location of service within public view.
(f) Application for certification renewal shall be made on form CF 840, Assessor Certification Application. A nonrefundable fee of $75 will assessed per applicant for certification renewal and shall be received by the department’s Office of Certification and Monitoring at least 30 days prior to the expiration date of the current certification expiration date to ensure that a lapse of certification does not occur. Submission of an application and application fee does not ensure renewal of state certification.
Specific Authority 741.325, 741.327 FS. Law Implemented 741.325, 741.327 FS. History–New________.
65C-5.004 Program Requirements.
(1) To qualify for certification, a batterer intervention program shall meet and comply with minimum standards as set forth herein and in statute.
(a) Community Collaboration and Coordination. To be effective in protecting victims and their children, as outlined in Section 741.32(1), F.S., the program must coordinate it’s efforts within the community, particularly with the local justice system, social service agencies, including the domestic violence centers, and state and local governments.
(b) Intake/Enrollment.
1. A list of certified programs compiled and updated by the department’s Office of Certification and Monitoring will be provided to the batterer by the referral source, which may be accessed at the department’s website. The program selected by the batterer shall perform the intake/enrollment, which shall include:
a. Explanation of program fees and sliding fee scale,
b. Enrollment form, CF 832, which is incorporated by reference,
c. Program contract, CF 833, which is incorporated by reference,
d. Participant fee payment agreement, CF 843, which is incorporated by reference, and
e. List of certified assessors.
2. The program shall not accept a participant who has been or is currently enrolled in another certified batterer intervention program unless approval to change programs is obtained, in writing, from the referral source, probation and parole, if applicable, and the previous program director.
3. Services shall not be denied to any person because of ethnicity, national origin, religion, age or disability. A non-discrimination clause shall be included in the program’s policy and procedure manual.
(c) Fees,
1. Programs shall be self-supporting and funded with fees from the program participant as payment for intervention. The program shall establish a sliding fee scale method of payment for program fees and provisions to accept indigent clients into the program. Payment for services is important to the participant taking responsibility for the act of violence, however, programs shall not decline the admittance of a batterer based on the ability to pay. A program shall not collect from a participant that portion of the program fee that is exempted by Section 741.325(6), F.S.
2. The program shall collect a $30 participant fee from each participant for attendance at each 29-week program and submit to the department’s Office of Certification and Monitoring.
3. The batterer shall not be allowed to participate in a program or be formally assessed until payments of the appropriate fees are made in accordance with the established program policy.
(d) Orientation.
1. The program shall conduct an orientation session prior to the start of the intervention with a minimum time period of one (1) hour and 30 minutes, excluding breaks. An outline of the orientation shall be given to each participant and a signed statement acknowledging attendance shall be placed in the participant’s file. The orientation shall include:
a. Definition of domestic violence,
b. Domestic violence statistics,
c. Introduction of the power and control wheel,
d. Introduction of the equality wheel,
e. Overview of program rules, regulations, and expectations,
f. 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.
(e) Assessments. The program shall ensure that only those assessors certified by the department’s Office of Certification and Monitoring conduct the psychosocial evaluations required herein.
(f) Groups.
1. The program shall use a 29-week psychoeducational group model that incorporates power and control dynamics in the curriculum.
2. The program shall conduct 24 weekly group sessions. Each session shall be for a time period of one (1) hour and 30 minutes, excluding breaks.
3. The program shall maintain a maximum group size of 24 participants with two (2) facilitators or 15 participants with one (1) facilitator. The minimum group size shall be three (3) members.
4. The program shall accept new members into the group on an ongoing basis.
5. The program shall ensure that all participants in the group are the same gender.
6. The program conducting a non-English speaking group shall have a facilitator who is fluent in that language.
7. The program shall use interpreters only when there are no approved facilitators within the local area who are fluent in the language of one or more of the participants.
8. The program must insure that a person who serves in the role of interpreter be duly qualified to interpret. Interpreters must not have a familial or personal relationship with the participant. A list of qualified interpreters may be found through the local court or from the
9. The program shall ensure group meetings are not suspended or cancelled for a period of more than one week.
(g) Victim Notification.
1. The program shall notify the victim, in writing, within three (3) business days of the batterer’s enrollment in the program. The letter shall include contact information for the local certified domestic violence center, law enforcement, probation or parole, if applicable, and the state attorney’s office. The letter shall include information on the goals and objectives of the certified batterer 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. The letter shall include a copy of A Partner’s Guide to Batterer Intervention Program Classes for Men, which shall be furnished to the program by the department.
2. The program shall notify the victim, in writing, within three (3) business days of the batterer’s discharge from the program. The letter shall include the reason for discharge: completion, termination, or transfer. The letter shall include contact information for the local certified domestic violence center, law enforcement, probation or parole, if applicable, and the state attorney’s office.
3. The program shall keep copies of all notification letters to the victim in the batterer’s file. Letters shall not disclose the physical address or any other contact information for the victim.
(h) Personnel.
1. The provider must have zero tolerance for domestic violence on the part of their employees. The provider must be as vigorous in their response to suspected crimes on the part of their own employees as they are to all other domestic violence crimes. However, the provider shall also uphold their duty to the employee in terms of providing employee assistance; preventing harm to self or family; and continuing employment where appropriate, safe, and within the provider agency guidelines and statute.
2. All direct service personnel 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 a level 1 screening as defined in Section 435,03, F.S., and shall include local criminal records checks through local law enforcement agencies, and statewide criminal records checks through the Florida Crime Information Center (FCIC), 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 (1) year. Such background investigations shall be conducted at the expense of the employing agency.
3. All direct service staff employed or contracted by a certified provider shall complete annually, as a condition of employment and continued employment, form CF 1649D, Affidavit of Good Moral Conduct, which is incorporated by reference.
4. A provider shall not employ an individual who has been a perpetrator of domestic violence or subject of an injunction for protection against domestic violence unless the applicant has successfully completed a certified batterer intervention program.
5. A provider shall not hire an individual under any form of community supervision including probation, pre-trial diversion, or parole.
6. A provider may grant an exemption from disqualification for employment, except as stipulated in paragraphs (h)4.-5. 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 (5) years.
7. The provider shall 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 and notify the department’s Office of Certification and Monitoring of the termination within 72 hours.
8. The provider shall ensure that direct service staff employed or contracted by the program meet all moral conduct, educational, experiential, and training requirements as required by rule.
9. The provider shall notify the department’s Office of Certification and Monitoring, in writing, of any replacements in direct service staff and forward copies of their credentials prior to hiring for approval by the department.
(i) Policy and Procedure Manual.
1. The provider shall develop and maintain written policies and procedures that direct the operation of the batterer intervention program, at a minimum, on the following:
a. Mission Statement and Philosophy,
b. Days and Hours of Operation and Group Schedules,
c. Intake/Enrollment Procedure,
d. Orientation Outline,
e. Curriculum Outline and Deion,
f. Recording Keeping and Reporting Policy and Procedures,
g. Fee Collection and Remittance Policy and Procedure,
h. Sliding Fee Scale Policy and Procedure,
i. Acceptance of Indigent Participants Policy and Procedure,
j. Non-discrimination Policy,
k. Accessibility to Persons with Disabilities Policy and Procedure,
l. Duty to Warn and Reporting of Criminal Behavior Policy and Procedure,
m. Reporting of Enrollment, Progress, and Discharge Information to Referral Source and Probation and Parole, if applicable, Policy and Procedure,
n. Personnel Policy,
o. Equal Opportunity Employer Policy,
p. Position Deions with educational, experiential and training requirements,
q. Continuing Education Requirements,
r. Code of Professional Ethics and Moral Conduct Policy,
s. Confidentiality Policy,
t. Non-fraternization Policy,
u. Conflict of Interest Policy,
v. Violence Free Life Style Policy,
w. Drug Free Workplace Policy,
x. Sexual Harassment Policy, and
y. Domestic Violence in the Workplace Policy.
2. The program procedures and policy manual shall be submitted with the certification application to the Office of Certification and Monitoring for approval.
(j) Record Keeping and Reporting Requirements.
1. General Requirements.
a. A provider shall maintain complete and accurate records regarding the program, personnel and program participants at the program’s office. Records shall be available for review during the hours of operation by authorized department staff or its authorized department agents.
b. Copies of required records are acceptable for documentation.
2. Personnel Records.
a. The provider shall maintain complete and accurate records on each direct service staff employed or contracted by the program, which shall contain the following signed and dated information:
b. Name, address, home phone number, and date of birth,
c. Proof of identity, in the form of a copy of a government issued photo identification,
d. Proof of employment history check and security background investigations,
e. Job deion,
f. A resume or employment application,
g. Documentation of required education and work experience,
h. Documentation of required training,
i. For individuals licensed under Chapters 490 and 491, F. S., a signed privacy act statement acknowledging confidentiality of information received,
j. Receipt of the program’s policy and procedure manual, and
k. Affidavit of Good Moral Conduct, form CF 1649D, renewed annually.
3. Program Participant Records.
a. The provider shall maintain individual files on each program participant and retain the records for a minimum of five (5) years from the date of discharge. Files shall include the following signed and dated information:
b. Proof of identity, in the form of a government issued photo identification,
c. Copy of the court order and police report, if applicable,
d. Financial assessment,
e. Completed form CF 832, Participant Enrollment, which is incorporated by reference,
f. Completed form CF 833, Contract for Participation in a Certified Batterer Intervention Program, which is incorporated by reference,
g. Completed assessment,
h. Completed form CF 843, Participant Fee Payment Agreement, which is incorporated by reference,
i. Record of attendance at orientation and groups with the number of sessions attended, missed and made up, include excused and unexcused absences,
j. Record of payment of fees, including dates and amounts,
k. Copies of all notification letters to the victim. Letters shall not disclose the physical address or any other contact information for the victim,
l. Weekly progress notes,
m. Copies of progress reports to the referral source and probation and parole, if applicable,
n. Copy of non-compliance reports, if any, to the referral source and probation and parole, if applicable, and
o. Copy of the discharge report to the referral source and probation and parole, if applicable.
4. Reporting and Payment Requirements.
a. The provider shall submit completed form CF 832, Participant Enrollment Form, for each program participant discharged during the preceding month to the department’s Office of Certification and Monitoring,
b. The provider shall submit a provider check no later than the 10th day of each month for the total amount of the participant fees collected during the preceding month to the department’s Office of Certification and Monitoring. Provider checks are to be made payable to the Florida Department of Children and Families, and
c. The provider shall provide the referral source and probation and parole, if applicable, with periodic, written progress reports for each program participant.
(k)Discharge Criteria.
1. There are three categories of discharge from a certified program: completion, termination, and transfer.
a. Completion indicates that the participant has completed the assessment performed by a certified assessor, has been in compliance with the program’s rules and contract, participated in the group at an acceptable level as determined by the provider, and paid required fees, both to the provider and the department,
b. Termination indicates the participant is inappropriate for the program according to the screening criteria outlined in 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, and
c. Transfer indicates the participant has relocated to another program with the approval of the referral source, outgoing and incoming program directors. Each participant requesting transfer of credit must obtain a letter of referral from the previous program and present it to the new program prior to receiving any credit(s) for weeks completed. The referral letter shall include attendance dates at intake/enrollment, orientation, and group sessions, as well as dates of any excused absences and unexcused absences.
2. When a participant is discharged from the program, the provider shall complete the following:
a. Document the reason(s) for discharge for placement in the participant’s file,
b. Inform the victim, referral source, and probation and parole, if applicable, in writing, of the discharge within three (3) business days, and
c. Submit the participant’s original enrollment form, CF 832, to the department no later than the 10th day of the subsequent month.
(l) Health Insurance Portability and Accountability ACT (HIPPA).
1. Where applicable, the providers shall comply with the Health Insurance Portability and Accountability Act (HIPPA) pursuant to 42 U.S.C. 132d, as well as all regulations promulgated under 45CFR Parts 160, 162 and 164.
(m) Electronic Communication.
1. The department's primary communication with providers will be electronic. Providers shall have the capability to access the Internet and to electronically submit certification documentation as may be required by the department. Providers shall maintain a functional email address with the capability of receiving attachments and provide that address to the department.
Specific Authority 741.32, 741.325 FS. Law Implemented 741.32, 741.325 FS. History–New_________.
65C-5.005 Program Content.
(1) Program content shall be based on an intervention model that recognizes domestic violence as the result of one person in an intimate relationship systematically using tactics of emotional and physical abuse in order to maintain power and control over the other.
(2) The curriculum for a certified batterer intervention program shall incorporate the following elements:
(a) An educational approach that assigns responsibility for the violence solely to the batterer and provides a strategy for assisting the batterer in taking responsibility for the violence,
(b) Content that encourages the participant to develop critical thinking skills that will allow the participant to rethink their behavior and identify behavior choices other than violence,
(c) Content that supports the belief that domestic violence is primarily a learned behavior,
(d) Content that supports the belief that domestic violence is not provoked or the result of substance abuse,
(e) Content designed to improve the batterer’s ability to identify and articulate feelings,
(f) Content designed to improve communication skills and listening with empathy,
(g) Content designed to improve negotiation and conflict resolution skills,
(h) Content that challenges stereotypical gender role expectations,
(i) Content that includes strategies for helping the batterer to develop and improve support systems,
(j) Content that identifies the effects of distorted thinking on emotions and behavior,
(k) Content that identifies the effects of domestic violence on children, and
(l) Content that includes information on the relationship of substance abuse to domestic violence.
(3) Curriculum shall not include the following elements:
(a) Content that includes couples, marriage or family therapy, or any manner of victim participation,
(b) Content that includes anger management techniques that identify anger as the cause of domestic violence,
(c) Content that includes theories or techniques that identify poor impulse control as the primary cause of the domestic violence or identify psychopathology on the part of either party as a primary cause of domestic violence,
(d) Content that includes fair fighting techniques, and
(e) Content that includes faith-based ideology associated with a particular religion or denominationn.
(4) Program curriculum shall be submitted with the certification application to the Office of Certification and Monitoring, which will review the curriculum for rule compliance.
Specific Authority 741.325 FS. Law Implemented 741.325 FS. History–New_______.
65C-5.006 Facilitator Eligibility.
(1) Facilitator Screening.
(a) A facilitator employed or contracted by a provider is required to undergo background screening as a condition of employment and continued employment as specified in Chapter 65C-5.004 (3) F.A.C.
(2) Facilitator Employment Credentials.
(a) A facilitator employed or contracted by a provider shall meet the following educational, experiential, and training requirements:
1. Bachelor’s degree, or, in lieu of a bachelor’s degree, two (2) years of equivalent experience working with domestic violence victims and batterers,
2. Completion of 21 hours of facilitator training by department-approved trainers on the power and control model of intervention, and
3. Completion of 84 hours facilitating or co-facilitating batterer intervention groups in a state certified program:
a. The 84 hours shall not be completed in less than six (6) months,
b. A minimum of six (6) of the 84 hours shall be spent in observation, and
4. Completion of 40 hours of department-approved domestic violence victim-centered training,
5. Completion of twelve (12) hours of additional department-approved training on domestic violence issues which shall include:
a. Eight (8) hours of training on the relationship of substance abuse to domestic violence by department-approved trainers, and
b. Four (4) hours of court attendance during domestic violence cases. Court personnel, as designated by the court, must verify attendance in writing, and
6. Documentation for all facilitator training shall be submitted to the Office of Certification and Monitoring for approval prior to facilitating groups on their own.
(3) Facilitator Continuing Education Training.
(a) Completion of a minimum of 12 hours of department-approved continuing education training on domestic violence issues annually, and
(b) Documentation for all continuing education training shall be kept in the facilitator’s personnel file.
Specific Authority 741.325 FS. Law Implemented 741.325 FS. History–New_________.
65C-5.007 Assessment Requirements.
(1)The court makes the determination as to whether or not domestic violence has occurred prior to referring the individual to a certified batterer intervention program. The role of the certified assessor is to perform a psychosocial assessment on each individual referred to a program for the following purposes:
(a) To identify persons who will benefit from concurrent mental health or substance abuse treatment programs,
(b) To screen-out those persons who have substance abuse problems that make them unable to participate in the group program even with concurrent or preliminary treatment,
(c) To screen out those persons who have severe mental illness or mental deficiency who would not benefit from the program,
(d) To screen out those persons who have criminal records of violence and who would not benefit from the program, and
(e) To screen out those individuals whose offense or history does not involve domestic violence as defined in Section 741.325(8), F.S.
(2) The assessment shall elicit information on the domestic violence incident that may be used by the provider during the intervention program.
(3) The assessor shall conduct written assessments and provide a copy to the program within five (5) business days of the assessment.
(4) If the individual is determined ineligible for a certified batterer intervention program, the assessor shall include in the written assessment the reasons for the determination and specific recommendations for alternative intervention or treatment.
(5) Upon the program’s receipt of the written assessment with the ineligible determination, the program shall advise the referral source and probation and parole, if applicable, of the assessor’s determination and recommendations.
Specific Authority 741.325 FS. Law Implemented 741.325 FS History–New_________.
65C-5.008 Assessor Eligibility.
(1) Assessor Credentials.
(a) To qualify for certification, an assessor shall meet the following educational, experiential and training requirements:
1. Licensed under Chapters 490 or 491,
a. Assessors certified by the department prior to the date of promulgation of this rule are exempt from this requirement.
2. Completion of 21 hours of facilitator training by department-approved trainers on the power and control model of intervention.
3. Completion of eight (8) hours of training on the relationship of substance abuse to domestic violence by department-approved trainers.
(2) Assessor Continuing Education Training.
1. Completion of 12 hours of department-approved continuing education on domestic violence issues annually.
(3) Good Moral Conduct.
1. All applicants seeking certification shall complete annually, as a condition of certification and certification renewal, an Affidavit of Good Moral Conduct, form CF 1649D, which is incorporated by reference.
2. An applicant is not eligible for certification who has been a perpetrator of domestic violence or subject of an injunction for protection against domestic violence unless the applicant has successfully completed a batterer intervention program certified by the department.
3. An applicant is not eligible for certification if the applicant is under any form of community supervision including probation, pre-trial diversion, or parole.
4. The department may grant an exemption from disqualification for certification, except as stipulated in section (3) 2.-3. 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 (5) years.
5. The department shall terminate certification if the assessor is convicted or found guilty, regardless of adjudication, or entered a plea of nolo contendere, to any disqualifying offense. The assessor shall notify the department’s Office of Certification and Monitoring of the disqualifying offense within 72 hours.
Specific Authority 741.32 FS. Law Implemented 741.325 FS. History–New________.
65C-5.009 Trainer Requirements.
(1) Trainer Credentials.
(a) To conduct the 21-hour department- approved facilitator training as required by , all proposed trainers shall meet the following qualifications:
1. Completion of department-approved advanced facilitator training on the power and control model of intervention, and
2. Minimum of three (3) years experience facilitating or co-facilitating a certified batterer intervention group using the power and control model of intervention. This experience shall be within five (5) years of application.
(b) To conduct the eight (8) hour substance abuse training, all proposed trainers shall meet the following qualifications:
1. Bachelor’s degree,
2. Certified Addictions Professional or Certified Criminal Justice Addictions Professional or individual licensed under Chapters 490 or 491, F.S.,
3. Minimum of three (3) years of professional experience providing substance abuse treatment, and
4. Minimum of three (3) years of professional experience in the field of domestic violence.
(2) Trainer Approval.
(a) Requests for trainer approval shall be mailed to the department’s Office of Certification and Monitoring and shall include the following:
1. A course outline with goals, objectives, associated time frames, and number of credit hours that will be offered, and
2. A current resume with proof of educational, experiential, and training as required by rule.
Specific Authority 741.325 FS. Law Implemented 741.325 FS. History–New________.
65C-5.010 Monitoring.
(1) Authorized department staff or department authorized agents will conduct monitoring of certified programs and of certified assessors annually to ensure compliance of the minimum standards as set forth herein and in statute.
(2) The first monitoring of a certified batterer intervention program and assessor may be conducted on-site within six (6) months after initial certification. Thereafter, a certified batterer intervention program and assessor will be monitored annually, on-site or desktop, as determined by the department. Monitoring may occur at any time there is a complaint to the department from an interested party.
(3) On-site monitoring will include a review of all records and documentation that support the provider’s compliance with minimum standards as set forth herein and in statute. On-site monitoring of a program will include observation of group activity.
(4) Desktop review monitoring will require the provider to submit documentation to the department pertinent to the provider’s compliance with minimum standards as set forth herein and in statute.
(6) If department monitoring indicates that a provider has violated or otherwise does not meet the standards set forth in statute or rule, a corrective action plan will be required. The severity of the noncompliance may affect the period of time allowed for correction, but in no event shall the corrective action period exceed 90 days.(5) Within 60 days after the monitoring, the provider will receive a written report from the department indicating whether or not standards have been met.
(7) Failure to successfully complete the corrective action plan may result in revocation of certification. The department may immediately revoke a certification in a case of egregious or recurring violations of applicable statues or rules.
(8) A provider whose certification is revoked may not apply for new certification for a period of one (1) year from the date of revocation.
Specific Authority 741.325 FS. Law Implemented 741.325 FS. History–New________.
65C-5.011 Conflicts of Interest.
(1) It is essential to the proper operation of batterer intervention programs that direct-service staff, program employees, assessors, concurrent treatment providers, and program participants not engage in any activity that presents a conflict of interest or the appearance of a conflict of interest. When conflicts occur, the nature of the conflict shall be disclosed to the program director and all parties in accordance with the established program policy.
(2) If a certified assessor determines that the batterer who has been referred to a batterer intervention program should also be referred for further evaluation, the assessor shall provide a list of licensed or certified providers to the batterer. The assessor may not self-refer.
(3) Staff providing direct services to program participants must not engage in direct counseling or therapy with the victim and/or current partner of the program participant.
Specific Authority 741.325 FS. Law Implemented 741.325 FS. History–New________.