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Table of Contents
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Introduction
-
Mission Statement
- Purpose
- Principals of Practice
- Waiver of Confidentiality
- Ethical Standards for BIP Facilitators
-
Educational and Training Requirements
- Service Standards and Content
-
Program Monitoring
- Partner Contact
-
Duty to Warn
I. INTRODUCTION
The
intent of these Standards is to insure overall quality and consistency for
service providers. A Batterers Intervention Program (BIP) is a community
program that makes victim safety its first priority, establishes accountability
for batterers and promotes a coordinated community response to domestic
violence. These standards were developed
by a committee of the Indiana Coalition Against Domestic Violence. The
committee is made up of service providers and advocates who work with women who
are battered and providers of BIPs in the state. These standards are the result
of conversations amongst this committee and a review of the standards available
from other states.
For
the purposes of these ICADV Standards, the definition of domestic violence is a
pattern of assaultive or coercive behavior, including physical, sexual, or
psychological attacks, as well as economic coercion, that adults or adolescents
use against an intimate partner. Intimate partners include spouse, former
spouse, those living or having lived as if a spouse, those having a child in
common, those having a past or current sexual relationship, or a past or
current dating relationship.
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II. MISSION STATEMENT
It
is the mission of the committee, and actualized by these standards, to increase
safety of victims, their families and the community from continued acts of
domestic violence by setting standards that increase accountability of service
providers and men who batter.
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III. PURPOSE
Intervention standards promote the elimination of domestic violence by
providing guidelines for ethical and accountable intervention practices to
protect victims, their families and the community while seeking to eliminate
domestic violence. Intervention standards mandate that only the highest level
of ethical and informed practice is acceptable and encourage provider
responsibility in reaching these standards.
Intervention standards remind providers that intervention services are
one of numerous important community strategies to end violence against women.
Intervention standards establish the minimum level of responsibility, service,
and accountability expected from providers. Standards provide a measure against
which program performance and efficacy can be evaluated, while providing a
basis for future program development.
Intervention standards help insure that men who batter receive
services that are non-abusive, that support change, and that hold program
clients accountable for their behavior.
Intervention standards provide information about appropriate
intervention methods so that the public has a measure with which to evaluate
these services. Intervention standards foster statewide collaboration among
providers.
These standards are based on the presumption that providers and
programs are working with adult men who batter in heterosexual relationships
and as such, these standards are designed for that population. Programs or
providers who plan to work with populations other than heterosexual adult men
must demonstrate training and expertise in those areas (e.g. adolescents, women
who batter, offender intervention in same-sex relationships, etc.)
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IV. PRINCIPALS OF PRACTICE
ICADV recognizes three core principles that are the
foundation for any form of work with men who batter; each principle has a
number of activities that ICADV sees as critical practices under the principle.
The core principles of practice, in this order, are:
- Safety
- Accountability
- Collaboration
Each of these principles
is discussed in more detail below.
Safety The safety of battered women, their children, their
families, and the community as a whole are paramount and of critical importance
in any work with men who batter. This means that:
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1. The rehabilitation and confidentiality of men who batter is secondary to the
victims' safety.
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Ending violence takes precedence over saving relationships, or treating
chemical dependency or mental illness.
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Batterers Intervention Programs shall not be co-educational.
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Substance abuse, addictions, and/or mental illness counseling/treatment is not
an appropriate intervention for domestic violence and may not be substituted
for the BIP.
- Anger management counseling/treatment is not an appropriate
intervention for domestic violence and may not be substituted for a
BIP.
-
Couples counseling is not an appropriate intervention and may not be
substituted for the BIP.
Accountability There are
two levels of accountability that are critical for BIPs to engage in: ensuring
the accountability of the men who batter, and ensuring that the BIPs themselves
and their providers are accountable. Fulfilling the principle of accountability
means that:
-
The BIP must be vigilant against becoming an advocate or witness on behalf of
the participant.
-
Group sessions must be the primary approach for the BIP.
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BIP will emphasize the accountability of male participants.
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There will be no discrimination of race, class, age, religion, ethnicity,
national origin, sexual orientation or handicaps in hiring of employees or in
providing services to batterers.
-
BIP providers agree to sign and abide by the ethical standards in this
document.
Collaboration In order to
engage in safe and accountable work, BIPs must work in collaboration with local
programs who serve victim/survivors of domestic violence, law enforcement,
ICADV and others. Collaboration is an essential ingredient to working with men
who batter and includes:
-
Measuring effectiveness must be in collaboration with Indiana Coalition Against
Domestic Violence (ICADV).
-
In cases where substance abuse, addictions, and/or mental illness have been
identified the treatment intervention must be separate from the
BIP.
- No funding efforts will compete with victim advocate
services.
-
Being an active participant in local coordinated community response
efforts.
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V. WAIVER OF CONFIDENTIALITY
BIPs will require men who batter to sign an
explicit, written waiver of confidentiality at the time of intake, which will
give the BIP permission to make reports, to testify, to otherwise communicate
as needed, and to reveal file and other information regarding the participant
to each of the following:
-
The referral source, if legally mandated.
- The court, prosecutor,
police, probation and child protective agency of the referring
county.
- The victim/partner/survivor or her designated advocate.
- Administrative and
professional personnel who need information for record-keeping, monitoring, or
professional development.
- Any entity or person to whom the BIP is legally bound to report
suspected abuse or neglect of a child or protected adult.
- Any person to whom the BIP must report in order to fulfill its duty to
warn or protect.
The waiver may include a
specified end date, but an exception must be included in the text of the waiver
that extends the waiver beyond the end date where necessary in oder to prevent
the participant from avoiding legal consequences for criminal or violent acts
or in order for the BIP to respond to a court subpoena for information or
testimony.
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VI. ETHICAL STANDARDS FOR BIP FACILITATORS
Ethical Standards for BIP Providers (The term "provider," for
this section, applies to all staff and volunteers who work with batterers,
including co-facilitators, facilitators, and
supervisor/trainers). All BIP
providers and administrators will abide by the following.
AS
A BIP PROVIDER OR ADMINISTRATOR, I DO AFFIRM THAT:
- I will make victim safety my first priority in working with men
who batter.
- I will make
accountability of men who batter and program accountability my second
priority.
- I will immediately report to all appropriate legal authorities
- Any additional
violence (which includes but is not limited to physical violence, stalking,
criminal trespass, and invasion of privacy) admitted to by a BIP
participant.
- Any suspected neglect or
abuse of a child or protected adult.
- Any additional violence by
a BIP participant sworn to by a third person, where such reporting will not
further endanger the victim or witness.
- I will help prevent
the unethical or unskilled practice of BIP intervention. I will report to the
appropriate authorities any practice of BIP intervention by untrained or
unqualified persons and any unethical conduct or unprofessional modes of
practice by other BIP providers.
- I will collaborate
with advocates against domestic violence in the design and overseeing of our
BIP's work. I will welcome independent advocates to oversee, observe, and
give feedback about the Program and services provided. I will participate in a
coordinated community response against domestic violence. I will respect the
limits of present knowledge in my public statements and not make any claims
that are not substantiated by valid studies and statistics developed in
collaboration with independent victim advocates.
- I will conduct
myself in my personal and professional life in a manner consistent with the
principles of nonviolence and sobriety. I will be vigilant regarding my own
power and control issues, seeking to identify and change any sexist, racist,
and homophobic attitude in my personal belief system. I will not use physical
violence or tactics of abuse. If I have been physically violent, I will
document completion of a certified BIP and/or will comply with such other
measures of accountability required by the BIP committee of ICADV. I will be
violence-free in my own life for three years prior to facilitating in a BIP. I
will not abuse drugs, including prescription drugs, or alcohol. I will be
alcohol and drug free when performing BIP services. If I have an addiction
problem (including substance, gambling and sexual addictions), I will undergo
treatment and attain sobriety as a precondition to providing BIP services. I
will immediately disclose to the manager of my BIP if I am arrested for or have
been convicted of any related charge, including, but not limited to, battery,
domestic battery, stalking, criminal trespass, invasion of privacy, abuse or
neglect of a child or protected adult, or any charge involving drugs, alcohol,
gambling, pornography or other sex-related crime.
- I will avoid
personal, professional, or business relationships that conflict with the
interest of the BIP and those it serves. I will never engage in a
relationship with a present or past program participant, a partner or
ex-partner of a participant, or a family member of a participant that would in
any way compromise their health and well-being or the complete integrity of the
BIP, or that could impair professional judgment, or increase the risk of
exploitation. I will avoid even the appearance of impropriety. I will not
engage in any behavior with any of these persons that I would be unwilling to
disclose fully to my colleagues, legal authorities, and the public.
Specifically, I will not engage in sexual or romantic activities with
participants, victims, partners, or their family members for at least two years
after last professional contact, and even then, not where such behaviors could
reasonably contribute to the suffering of any person or the impairment of the
BIP intervention effort. I will avoid working with participants who have close
relationships with members of my family or significant business associates. I
will not accept gifts or benefits from participants that might impair the
integrity of the relationship or might invite special treatment.
- I will treat all
program participants, their partners, and victims fairly. I will not
discriminate because of race, class, age, religion, educational attainment,
ethnicity, national origin, sexual orientation, or economic condition. I will
act to guarantee that all persons, especially the needy, the disadvantaged, and
those outside the cultural and language mainstream, have equal access to BIP
resources and services. I will charge fees that are fair, reasonable, and
consistent with a participant's ability to pay. I will fully explain from the
beginning all program rules and policies affecting fee payment, enrollment,
program standard, discharge, and completion. I will apply consistent program
rules to all participants.
- I will protect the
confidentiality of participants, their partners, families, and victims, subject
to the primary duty of victim safety. In doing so, I will follow the rules
established by state and federal law, by the ICADV standards, and by my
BIP.
- I will protect and
enhance the professionalism, dignity, and integrity of the BIP. I will
never participate in lessening program quality or duration for pecuniary or
personal reasons. I will not offer services, testimony, or public
pronouncements outside the recognized boundaries of my competency. I will not
misrepresent my qualifications, education, experience, affiliations, or
memberships.
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VII. EDUCATIONAL AND TRAINING REQUIREMENTS FOR BIP
PROVIDERS
A. Initial Qualifications
Individuals must meet one of the following criteria in order to be
deemed a qualified service provider by ICADV:
- Co-Facilitator:
To qualify to co-facilitate a BIP class or group session with a qualified BIP
Supervisor/Trainer or Facilitator, an individual must show:
- Evidence of 60 hours of formal training approved by ICADV. A Minimum
of 40 hours of this training must be specific to Domestic violence. The
remaining 20 hours shall include evidence of training in each of the following
areas of group facilitation skills, cultural diversity, substance abuse, and
mental health.
- Evidence of observing a minimum of 26 different ICADV-approved BIP
sessions.
- The observation of
sessions must be conducted so as to include an entire 26 session
curriculum.
- Facilitator: To qualify to facilitate a BIP an individual must
show:
- Evidence of meeting all the requirements of a
Co-facilitator.
- 100 hours of formal training approved by ICADV. A minimum of 60 hours
of this training must be specific to domestic violence. The remaining 40 hours
shall include evidence of training in each of the following areas of group
facilitation skills, cultural diversity, substance abuse, and mental
health.
- Evidence of co-facilitating a minimum of 26 additional BIP sessions
with a BIP Supervisor/Trainer.
- Supervisor:To qualify to supervise a BIP, an individual must
show:
- Evidence of meeting all the requirements of a
Facilitator.
- 120 hours of formal training approved by ICADV. A minimum of 80 hours
of this training must be specific to domestic violence. The remaining 40 hours
shall include evidence of training in each of the following areas of group
facilitation skills, cultural diversity, substance abuse, and mental health.
- Evidence of facilitating a minimum of 26 additional BIP sessions as a
Facilitator under a Supervisor/Trainer.
-
Trainer: To qualify to train staff or others related to BIP work, an
individual must show:
- Evidence of fulfilling the requirements of a Supervisor.
- Have a minimum of 3 years experience as a supervisor (or the
equivalent thereof).
- Successfully complete the "train the trainer" offered by
ICADV.
Commentary 1:
This protocol details how and with whom the supervisory relationship is formed,
and establishes basic expectations of the supervision. Our intent is to create
a process that is feasible for all Indiana practitioners to comply with, while
holding high standards for ethics and competence. Protocol ICADV has on file a list of persons
already recognized as supervisors and programs that have already been certified
under these standards. These individuals and programs would automatically be
appropriate for establishing a training/observation relationship. It is
expected that a person seeking recognition as co-facilitator, facilitator, or
supervisor (hereinafter called a "candidate") will directly contact one of
these recognized individuals and enter into an agreement that will comply with
the standards. This agreement will incorporate by reference this protocol, the
ethical standards, and a release so the supervisor can make reports to ICADV
regarding the candidate. A
candidate should expect to pay a reasonable fee to the supervisor for services
rendered.
During the course
of the observation, the supervisor will expect to see to it that the candidate
is observing groups that are competently operated, whether conducted by the
supervisor/trainer or a recognized facilitator. Each candidate will be expected
to observe an entire curriculum cycle in order to fulfill the observation
requirement. Each candidate will also "client" during the observation stage, so
that s/he will interact as a group participant and will complete curriculum
assignments reflecting work on her/his own power/control issues in the same
manner as participants.
During the course of supervised co-facilitation or facilitation, the supervisor
will create meaningful and extended opportunities for the candidate to lead
groups under supervision, and will give immediate written and oral feedback
after each session. The supervisor is expected to coordinate training
experiences to augment the candidate's direct group experiences and to teach
principles of group facilitation, understanding of domestic violence,
accountability, and all of the topics necessary to the candidate's complete
understanding and training. These sessions may be delivered in longer formal
training or in brief training sessions connected with each session. The
supervisor will keep records of these sessions.
At each stage, the candidate will be given critical
feedback and will be evaluated by the supervisor. A supervisor has the
authority to determine that a candidate is not able or willing to advance
further, based upon professional observation, and may terminate the training
relationship for this reason. If this happens, the supervisor will make a
report to ICADV, giving a copy to the candidate. The candidate may respond in
writing. A candidate may renew his/her request for observation or supervision
six months after rejection.
Once the agreed stage of observation or supervision has been completed, the
supervisor will so certify in writing to the candidate, giving a copy to ICADV.
ICADV will accept this certificate as evidence of compliance with this section
of the BIP standards.
*Proviso: During these early years when there are relatively few
certified programs and supervisors in Indiana, in cases where, due to lack of
availability in a candidate's region, observation or supervision would require
unreasonable hardship of travel, ICADV may elect to approve supervision with a
program or a person that meets fundamental principles of these standards and
that subscribes in writing, with approval of the BIP Standards Committee.
Commentary 2: The
domestic violence specific training must include approved content addressing
the following:
- Overview and
definitions of DV (Indiana state law definitions, federal definition, local
jurisdictional definition, victim-centered or feminist definition, dynamics of
domestic violence, cycle of violence, power and control wheel, impact of
domestic violence, affects on children of being exposed to domestic violence,
etc);
- Victim-Empathy
(effects of domestic violence on women, why battered women stay/return, victim
safety, partner notification, crisis intervention, referrals and referral
processes, etc.);
- Dynamics of
Battering (why men batter, batterer tactics, assessing predominant aggressor,
etc.) and Working with Men who Batter (assessment, engaging men, group
facilitation, lethality assessment, cultural competence, etc);
- Administrative (duty
to warn, confidentiality [of partner and men who batter], custody issues,
safety protocols, operating a safe and accountable program, being part of a
collaborative community response, etc).
The topics in
parentheses are meant as a guide to the kinds of educational training topics
that ICADV feels should be covered. These are not required, but provide a
general guide as to the kinds of topics ICADV is expecting qualified service
providers to be trained in.
ICADV reserves the right not to give credit for Domestic Violence
Trainings that are deemed as being counter to the philosophy or mission of
ICADV.
B. Continuing Education
Individuals must show evidence of participating in a minimum of 10
hours of formal continuing education specific to domestic violence annually to
maintain their status as a qualified service provider.
Commentary:
The "formal training" required for certification of service providers and
the "formal continuing education" required annually of all service providers
must be documented in a form that allows the ICADV to understand (1) the date
of the training (2) the exact topic covered (3) the hours allocated to the
topic (4) the identity and credentials of the trainer.
Typically, a clear copy of the standard certificate
of training issued by the trainer will be good documentation. If ICADV feels
that the certificate is ambiguous or lacks any of ther required information, we
will request supplemental documentation. Supplemental documentation may include
(but is not limited to) handouts, agendas, training outlines, syllabi, or
affidavits from the trainer.
Occasionally, applicants for certification will seek to use college
courses to fulfill training requirements. This is acceptable; however the
applicant will only be credited for one hour of training for each sementer-hour
of the course. It will be necessary to submit enough documentation to
demonstrate that the actual content of the college course matches the topic
required by ICADV. Often, a copy of a transcript alone is too
vague.
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VIII. SERVICE STANDARDS AND CONTENT
The BIP will develop and maintain a policy and procedures manual
that shall include the following:
A. Service Standards
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BIP will not rely on victim/survivor/partner participation.
Victim/survivor/partner may contact BIP regarding domestic violence concerns,
to obtain information about BIP, and to receive victim/survivor/partner
referral service.
-
BIP sessions will be for same-gendered participants only, rather than
coeducational. The BIP and the agency operating the BIP will not provide
couples counseling involving the batterer until after the batterer/participant
has successfully completed the BIP, and not thereafter if facilitators and
advocates have reason to be concerned about the victim/partner's
safety.
-
As a condition of program completion, each participant must attend a minimum of
26 weekly sessions, consisting of at least 1.5 hours each.
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A minimum of 24 of the 26 sessions will be group sessions.
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BIP class size should not exceed 18.
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The BIP will establish objective criteria for program completion that will be
enforced uniformly.
- All on-going BIP groups shall be conducted by qualified personnel
under supervision of a supervisor.
- The BIP will have an established procedure for notification of
victim/survivor/partner about expulsion and/or completions.
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Any communication regarding program completion must include the following
statement: Program completion is not predictive of future nonviolence or
nonabusive behaviors.
- BIP shall require that participants sign a contract that shall include
but is not limited to the following:
- I will not abuse anyone else or myself as long as I am in this BIP.
This includes verbal, emotional and psychological abuse, threats of suicide,
and threats of violence. I will inform the BIP facilitator what happened and
will openly talk about the situation and accept the consequences for my
behavior.
- I agree that the reason I am in the BIP is to learn not to be violent
or abusive. I will not be violent or abusive in this group or in my personal
life.
- I will participate openly, honestly and actively in group discussions
and I will abide by all BIP rules. If personal problems arise (e.g. drug abuse,
mental health issues), I will seek appropriate treatment as a condition of my
participation in the BIP. I will voluntarily cooperate if my BIP facilitator
requests that I obtain an assessment for any of these problems.
- I will provide the correct address and phone numbers of my
victim/survivor/partner and will notify my BIP facilitator of any changes. I
hereby give my BIP facilitator and other individuals working with BIP
facilitator permission to give out the following information to the
victim/survivor/partner: when I start and stop the program, referral
information to counseling and support services, safety options, and any other
information pertinent to safety.
- I understand that I may not be informed of any communication that
takes place between the victim/survivor/partner and BIP facilitator and I waive
any right to have access to or be informed of the nature, content, or existence
of any such communication;
- I understand that safety to others and myself is priority and will be
enforced by the BIP facilitator.
- I understand that all suspected child abuse and neglect will be
reported as defined by Indiana law.
- I understand that all suspected battery, neglect, or exploitation of
an endangered adult will be reported as required by Indiana law.
Commentary:
Although the data is ambiguous at this point, experience suggests that longer
term programs are more beneficial than shorter term programs. Although ICADV
maintains the current standards of 26 weeks, we encourage programs and
communities to explore developing groups of longer duration.
B. Curriculum
Content 1.
The central focus of any BIP curriculum will remain on participant
responsibility and accountability for their beliefs and actions. It will
actively challenge all abusive behaviors or victim blaming. 2. Any BIP curriculum used or developed by BIP programs
will include, but is not limited to, the following:
- Definition of domestic violence.
- Dynamics of power and control.
- Socialization, including gender roles and equality.
- Batterer's responsibility for past and future abusive
behaviors.
- Relationship between substance abuse, mental illness and acts of
violence with a distinction that there is not a cause and effect
relationship.
- Relapse prevention plan that provides alternatives to all forms of
abuse.
- Challenging the beliefs that promote abusive behavior.
- Nonviolent alternatives.
3. Sessions will be
based on ICADV-approved curriculum rather than on client's individual
assessment or treatment plan. 4. BIP
curriculum should reflect an awareness of cultural diversity.
C. Expulsion from BIP
- The BIP will develop guidelines for expulsion so that decisions are
uniform and predictable and so that discrimination does not occur against any
participant based on race, class, age, physical handicap, religion, educational
level, ethnicity, national origin, sexual orientation, or gender.
- The following are considered grounds for expulsion and are expected to
be a part of any BIP program policy and protocol:
- Continued abuse, or physical violence.
- Failure to comply with the attendance policy.
- Failure to comply with condition of the participant's contract, such
as involvement in a substance abuse program for drugs and alcohol, involvement
with mental health treatment, etc.
- Violation of group and program rules.
- Violation of a court order pertaining to violence and/or abuse or
intervention process.
- Bringing Weapons or illegal substances to program
property.
- Threats or violence to program staff.
-
Non-compliance with the contract, with a court order or with group rules will
be documented in writing.
- The BIP will establish a written procedure that immediately notifies
the referral source of the expulsion of all mandated participants.
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IX. PROGRAM MONITORING
In order to be certified by ICADV, a BIP will establish a written
working agreement with a local independent domestic violence program or
advocate that is recognized by ICADV. The local domestic violence program
or advocate will be referred to as the "monitor". This written agreement will
include:
- Identification of the persons responsible for implementation from both
organizations.
- A system for conflict resolution in the event it is
needed.
- The following criteria to guide monitors in the evaluation of programs
and direct services:
- Does the BIP promote the cessation of domestic violence and the
overall safety and empowerment of victims of domestic violence?
- Is the BIP accountable and responsive to the partner/survivor/victim?
In particular, does the BIP protect her safety, her confidentiality, and her
right to information?
- Is the BIP accountable and responsive to ICADV and local domestic
violence advocates?
-
A statement that monitors may not in amy way provide direct service to the BIP
participants.
- A commitment that the BIP will involve the monitors in the process of
establishing program principles, policies, and procedures at an early stage
where the monitors' input will affect the results.
- A commitment that the
BIP will involve the monitors whenever policies and procedures are being
reviewed and changed.
- A commitment that the
BIP will consult with monitors in the recruitment, selection, and training of
staff, and value monitors' concerns about ongoing staff behavior and
performance.
- A protocol that details how the BIP will record program sessions, or
provide other meaningful ways that monitors can observe or listen to direct
services being provided. The protocol for monitoring of groups will
include:
- The frequency of monitoring with a minimum of one time per quarter per
facilitator.
- A statement that the monitor is recording/evaluating the effect of
staff facilitation on victim safety and batterer accountability, not evaluating
participants, and is obligated to honor participant
confidentiality.
- The criteria for group monitoring, which is based upon use of the
ICADV-approved monitoring forms and procedures.
- A directive that
monitors return all recordings and forms to program administrator for
confidential filing, that group tapes may be erased, but monitoring forms are
kept for three years during which time ICADV may audit.
- A statement that the BIP will collaborate with the monitors in
community-wide strategies to end domestic violence.
-
A format and timetable for regular feedback to the BIP, for follow-up on
feedback, and for a formal, annual evaluation of the BIP by monitors, all of
which will be retained for three years and may be audited by ICADV. This
feedback and evaluation will cover all aspects of monitoring, including program
development, staffing, direct services and collaboration in the community-wide
DV response.
- A commitment that the
BIP will compensate monitors for services rendered in a manner that is mutually
acceptable.
Commentary: On-going monitoring by independent victim
advocates is mandatory for any ICADV-approved program. Monitoring is the most
important method by which a program remains open and responsive to the
perspective of victims of domestic violence. It is expected that a program will
follow a protocol that will involve monitoring by victim advocates at every
level of the program's existence, including the formulation of philosophy and
policy, the revision of policy and procedure, the hiring and training of staff,
the oversight of groups and other direct client services, and the program's
commitment to community-wide collaboration as an ally with domestic violence
advocates.
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X. PARTNER CONTACT
Definition: "Partner contact" refers to any mail, phone, e-mail, or
face-to-face contact, direct or indirect, with any partner, victim, survivor,
or ex-partner/victim/survivor of a BIP participant, before, during, or after
his enrollment in the BIP.
In
order to be certified by ICADV, a BIP will:
- Establish and follow written rules requiring that only trained victim
advocates, who are not providing direct services to the BIP participant, may
perform partner contacts.
- Establish a policy
requiring that the BIP, and all of the BIP staff, have a duty to warn and
protect victims, partners, children and others against whom the BIP participant
has made a threat of violence.
- Establish policies
ensuring that those performing partner contacts will:
- Take steps to be sure that telephones, mail, and other communication
media are as secure as possible against intrusion by the participant or
others.
- Evidence of observing a minimum of 26 ICADV-approved BIP
sessions.
- The observation of
sessions must be conducted so as to include an entire 26 session
curriculum.
- Inform
partner/victim/survivor of her right to confidentiality and that she may
consent to disclosure of her report but cautioning her only to do so if she has
a safety plan and believes disclosure will not reduce her safety.
- Inform the
partner/victim/survivor that neither the outreach person, nor the BIP staff nor
the legal system can guarantee her safety nor guarantee that disclosure of her
information will not result in a violent reaction by the BIP
participant.
- Inform the
partner/victim/survivor that her option to provide a witness statement or a
complaint to the legal system cannot be exercised confidentially or
anonymously, although she may receive some help in determining the timing and
method by which a participant is confronted.
- Inform the
partner/victim/survivor, prior to inviting her to share information, that any
information she shares involving suspected child abuse, or abuse of elder
adults cannot be confidential and must be reported to the legal
system.
- Carefully document,
in writing, the wishes of the partner/victim/ survivor regarding the use of any
information she has given, including her consent or lack thereof.
- Assume that she has
denied consent to disclose her information to anyone, including the BIP
facilitator, the legal system, the BIP participant, or others, unless she has
explicitly stated otherwise and outreach staff have documented her wishes in
writing.
- Not pressure or
convince the partner/victim/survivor that she should agree to disclosure of her
information, agree to confrontation of the BIP participant, or agree to make a
report or take any action that she may feel is not in her best interest for
safety and empowerment.
- Remember that a BIP
participant's current partner may have different or conflicting needs or
interests from a past partner, or from the participant's
victim/survivor.
- Assume that the
partner/victim/survivor may, accurately or inaccurately, relay to the
participant what was said by BIP staff during the outreach.
- Not assume that the
partner/victim/survivor will be able to "follow through" with administrative or
legal steps that seem logical to program staff.
- Not offer therapy,
counseling, communication, mediation, or reunification with the BIP
participant.
- Treat the
partner/victim/survivor with respect at all times.
- Establish and follow a
written procedure directing whether and how systematic partner contacts
will be performed or attempted. Certified programs are encouraged but not
required to perform systematic partner contacts. If performed, program policy
will direct that the limited purpose of systematic contacts is to:
- Inform her of the participant's entry in or removal from the
program.
- Outline BIP content and procedures.
- Answer questions about BIP and clarify any misinformation she may
have been given.
- Invite her to make
future contact with any questions, concerns, or reports of violence or contract
violations that may arise.
- Invite her to
attend support groups or orientations for
partners/victims/survivors.
- Inform her of BIP
participant's program status regarding dates and times attended, payments made,
completion or removal from BIP.
- Share BIP staff
concerns/evaluation/observations of his in-group participation, while
cautioning her that she should not assume that the BIP participant's good
conduct in the program or completion of the program is a predictor of future
nonviolent choices or positive change.
- Invite her to
evaluate participant's progress, identify areas of concern, or report
re-offenses.
- Discuss safety
planning.
- Establish and follow rules guiding all staff in the safe and proper
conduct of special inquiry contacts. Special inquiries to
partners/victims/survivors shall be made in order to follow up on suspected
participant re-offense or to warn victims or others of threats made by the BIP
participant. These rules will specify that the limited purpose of a special
inquiry is to:
- Warn her of any threats made toward her or others by the BIP
participant.
- Ascertain victim safety.
- Invite her to make a witness statement if she believes it is in her
best interests to do so.
- Inform her of her
right to confidentiality.
- Inform her of her
options regarding the use of information given by her.
- Establish and follow rules guiding all staff in the safe and proper
conduct of "responsive" partner contacts (those initiated by the
partner/victim/survivor). These rules will specify that the purpose of such
contacts will be to:
- Receive and record information given by her.
- Inform partner/victim/survivor of her right to confidentiality and how
to lodge a complaint if desired.
- Help her with safety planning.
- Establish and follow
rules prohibiting any BIP staff from serving as an agent in furthering the
interests of the batterer's program participant in legal matters or in
negotiating or mediating with partner/victim/survivor in any way.
- Establish and follow
rules to guide BIP staff in handling of communications and confrontations with
BIP participant regarding partner contacts, including:
- Prohibiting any informing or confronting of the participant unless the
partner/victim/survivor has given explicit, informed consent, documented and
dated by outreach staff.
- Preparatory safety plan development by victim/survivor/partner,
anticipating a violent or abusive reaction to the confrontation.
- Not informing/confronting the participant if the BIP staff, in
consultation with victim advocates, have reason to believe that to do so will
create an unacceptable risk of retaliation abuse.
- A reminder to BIP
staff that their reporting the product of partner contacts to the legal system
is tantamount to confronting the participant, and should not be done without
express informed consent from the partner/victim/survivor. In cases when, by
law, the BIP must report an incident without partner/victim/survivor consent
(e.g., suspected child abuse/neglect) staff will allow the victim/survivor/
partner time for safety planning and will work with her and the legal system to
determine the timing and method of reporting that will maximize safety.
Commentary: Because some form of contact with the
partner/victim/survivor is inevitable in the course of operating a BIP, it is
vital that the BIP have policies that direct by whom and how it will be
performed. Partner contact may take place in several forms: (1) Systematic
contact is the BIP's standard practice of initiating contact with each
participant's partner/victim/survivor at certain intervals during and after his
program enrollment, in order to give her information and receive any input she
may choose to offer. Systematic contact usually involves sending a regular
orientation mailing at the beginning followed by periodic phone outreach
contacts. Orientation sessions may also be offered to partners. (2) Special
inquiry contacts might be made when a BIP participant discloses or implies that
he might have re-offended, expresses an intention to be violent or re-offend or
when the BIP receives a police report raising allegations of re-offense. This
contact is to inquire about the victim's safety, inform her of her options, and
offer her assistance and advocacy. (3) Responsive contacts may happen when the
partner/victim/survivor initiates contact with BIP staff for any reason. BIP
staff must be trained to handle such contacts appropriately.
Partner contact can be dangerous and should only be conducted by
staff who are properly trained in victim rights/victim safety. BIPs must not
allow partner contact to be made by staff who may have a conflict in
responsibilities, including those who may have a personal or professional
relationship with the BIP participant.
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XI. DUTY TO WARN
To
be certified by ICADV, a BIP will establish a written policy requiring that the
BIP, and all of the BIP staff, have a duty to warn and protect victims,
partners, children and others against whom the BIP participant has made a
threat of violence. This policy will detail the criteria for determining when a
duty to warn arises, and the procedures staff are expected to follow.
Commentary: The exact terms of the duty to warn can be
drafted by each BIP, provided that the interests of safety and empowerment to
survivors, victims and children are protected. We recognize that there are many
professions represented in BIP staff, and that many agencies providing batterer
intervention programs have duty to warn requirements in other fields. This
standard gives each provider a chance to maintain some internal
consistency.
It must be remembered that the offender who is the participant in the BIP does
not have an absolute right to confidentiality, and that the BIP should, through
the written release, require that confidentiality be waived as to the
victim/survivor, especially where violence appears to be
intended.
It should also be understood that the field of domestic violence is unique in
that a person can be devastated by non-physical violence as well as physical
violence. This standard invites the BIP to consider extending the duty to warn
to intended or anticipated acts of non-physical violence as well as physical
violence.
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