Section R9-20-208. Misdemeanor Domestic Violence Offender Treatment Standards

A.      An administrator shall ensure that:

1.        A program description is developed that includes a method for providing treatment;

2.        Treatment:

a.        Is based on methodologies developed by behavioral health professionals and supported by published research results;

b.        Does not disproportionately or exclusively include one or more of the following:

i.         Anger or stress management,

ii.        Conflict resolution,

iii.      Family or couples counseling, or

iv.      Education or information about domestic vio- lence;

c.        Emphasizes personal responsibility;

d.        Identifies domestic violence as a means of asserting power and control over another individual;

e.        Does not require the participation of a victim of domestic violence;

f.         Is not provided at a location where a victim of domestic violence is sheltered;

g.        Includes individual counseling, group counseling, or a combination of individual counseling and group counseling that:

i.         Is  conducted   by  a  behavioral  health  profes- sional; and

ii.        Requires each counseling session to be docu- mented in the client record;

h.        Does not include more than 15 clients in group counseling; and

3.        Treatment is provided to a client according to subsection (C).

B.       An administrator shall ensure that policies and procedures are developed, documented, and implemented that:

1.        Unless the period of time for a client to complete treat- ment is extended, require a client to complete treatment in not less than three months and no more than 12 months after the date the client begins treatment; and

2.        Establish criteria for determining whether to extend the time for a client's completion of treatment, such as:

a.        Receiving a recommendation from a behavioral health professional, or

b.        An occurrence of one of the following during the 12 months after the date the client is admitted for treat- ment:

i.         The client serving jail time,

ii.        Illness of the client or a client’s family member, or

iii.      Death of a client’s family member, or

c.        The court requiring the client to complete more than 52 sessions of treatment.

C.      An administrator shall ensure that:

1.        Except as provided in a court order, treatment includes, at a minimum, the following number of sessions, to be com- pleted after the applicable offense for which the client was required to complete treatment:

a.        For a first offense, 26 sessions;

b.        For a second offense, 36 sessions; and

c.        For a third offense or any subsequent offense, 52 sessions;

2.        The duration of a session in subsection (C)(1) is:

a.        For an individual session, not less than 50 minutes; and

b.        For a group session, not less than 90 minutes and not longer than 180 minutes; and

3.        Except if extended according to subsection (B)(2), treat- ment for a client is scheduled to be completed in not less than three months and no more than 12 months after the client is admitted into treatment.

D.      An administrator shall ensure that policies and procedures are developed, documented, and implemented for providing treat- ment that:

1.        Establish:

a.        The process for a client to begin and complete treat- ment;

b.        The timeline for a client to begin treatment;

c.        The timeline for a client to complete treatment, which shall not exceed 12 months, except as pro- vided in subsection (B)(2); and

d.        Criteria for a client's successful completion treat- ment, including attendance, conduct, and participa- tion requirements;

2.        Require notification to a client at the time of admission of the consequences to the client if the client fails to suc- cessfully complete treatment;

3.        Require notification, in writing, to the entity that referred the client to the provider on behalf of the court, within a timeline established by the referring court or the entity that referred the client to the provider on behalf of the court, when any of the following occurs:

a.        A client referred by the court has not reported for admission to treatment,

b.        A client referred by the court is ineligible or inap- propriate for treatment,

c.        A client is admitted for treatment,

d.        A client is voluntarily or involuntarily discharged from treatment,

e.        A client fails to comply with treatment, or

f.         A client completes treatment;

4.        Are reviewed and revised as necessary by the provider at least once every 12 months; and

5.        Are maintained at the facility.

E.       An administrator shall ensure that:

1.        Treatment is provided by a behavioral health professional who:

a.        Has at least six months of full-time work experience with domestic violence offenders or other criminal offenders, or

b.        Is visually observed and directed by a behavioral health professional with at least six months of full- time work experience with domestic violence offenders or other criminal offenders; and

2.        Policies and procedures are developed, documented, and implement that establish education and training require- ments for a behavioral health professional providing treatment that demonstrate that the behavioral health pro- fessional is qualified to provide treatment.

F.       An administrator shall ensure that:

1.        All employees are provided orientation specific to the duties of the employee,

2.        An employee completes orientation before the employee provides treatment,

3.        Annual training requirements are established for an employee, and

4.        Orientation and training required in this subsection are documented.

G.      An administrator shall ensure that:

1.        A behavioral health professional completes an assess- ment of each client;

2.        The assessment includes a client’s:

a.        Substance abuse history,

b.        Legal history,

c.        Family history,

d.        History of trauma or abuse,

e.        Behavioral health treatment history, and

f.         Potential for self-harm or to harm another individ- ual;

3.        The following information is requested:

a.        The case number or identification number assigned to the client by the referring court;

b.        Whether the client has any past or current orders for protection or no-contact orders issued by a court;

c.        The client's history of domestic violence or family disturbances, including incidents that did not result in arrest; and

d.        The details of the misdemeanor domestic violence offense that led to the client's referral for treatment; and

4.        The assessment and information in subsection (G)(3) are documented in the client record.

H.      For a client who has completed treatment, an administrator shall:

1.        Issue a certificate of completion that includes:

a.        The case number or identification number assigned to the client by the referring court or, if the provider has made three documented attempts to obtain the case number or identification number without suc- cess, the client's date of birth;

b.        The client's name;

c.        The date of completion of treatment;

d.        The name, address, and telephone number of the provider; and

e.        The signature of an individual authorized to sign on behalf of the provider;

2.        Provide the original of the client's certificate of comple- tion to the client;

3.        Provide a copy of the client's certificate of completion to the referring court according to the timeline established in the provider's policies and procedures; and

4.        Maintain a copy of the client's certificate of completion in the client record.

Historical Note

New Section made by exempt rulemaking at 7 A.A.R. 4439, effective October 3, 2001 (Supp. 01-3). Amended by exempt rulemaking at 9 A.A.R. 3214, effective June 30, 2003 (Supp. 03-2). Section repealed; new Section made by exempt rulemaking at 19 A.A.R. 2367, effective October 1, 2013 (Supp. 13-2).