WSR 97-02-035

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Public Assistance)

[Filed December 24, 1996, 2:15 p.m.]

Purpose: To clarify (1) procedures for applications for certification, (2) certification, and (3) program standards.

Citation of Existing Rules Affected by this Order: Amending WAC 388-60-005, 388-60-120, 388-60-130, 388-60-140, 388-60-150, and 388-60-160.

Statutory Authority for Adoption: RCW 26.50.150.

Adopted under notice filed as WSR 96-14-101 on July 2, 1996.

Changes Other than Editing from Proposed to Adopted Version: In order to respond to testimony we are clarifying WAC 388-60-140(1) and 388-60-140 (1)(b)(i), adding new WAC 388-60-250 to clarify notification of results of an investigation, withdrawing proposed WAC 388-60-140 (6)(c)(r-u), (7)(b)(i-ii), (9)(d)(viii) and (ix).

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 8, amended 6, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 8, amended 6, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 8, amended 6, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

December 23, 1996

Merry A. Kogut, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION (Amending Order 3539, filed 4/28/93, effective 5/29/93 WAC 388-60-005 Scope. ((The scope of)) This chapter ((is to establish)) establishes domestic violence perpetrator treatment program standards. As authorized under ESHB 1884, April 1991 and RCW 26.50.150, programs providing treatment to perpetrators only of domestic violence shall meet this chapter's domestic violence perpetrator treatment program standards that:

(1) Accept perpetrators of domestic violence into treatment to satisfy court orders; or

(2) Represent the programs as ones that treat domestic violence perpetrators.

[Statutory Authority: 1992 HB 1884. 93-10-024 (Order 3539), 388-60-005, filed 4/28/93, effective 5/29/93.]

AMENDATORY SECTION (Amending Order 3539, filed 4/28/93, effective 5/29/93 WAC 388-60-120 Treatment focus. (1) The domestic violence perpetrator treatment program shall focus treatment primarily on ending the physical, sexual, and psychological violence, holding the perpetrator accountable for:

(a) Such perpetrator's violence; and

(b) Changing such perpetrator's behavior.

(2) The program shall base the perpetrator's treatment on strategies and philosophies which do not blame the victim. The program shall include education about individual, cultural, and family dynamics of domestic violence.

[Statutory Authority: 1992 HB 1884. 93-10-024 (Order 3539), 388-60-120, filed 4/28/93, effective 5/29/93.]

AMENDATORY SECTION (Amending Order 3539, filed 4/28/93, effective 5/29/93 WAC 388-60-130 Treatment modality. (1) The domestic violence perpetrator treatment program((s)) shall require participants to participate in single gender weekly group treatment sessions unless there is a documented, clinical reason for another ((modality)) intervention. Such clinical reasons include psychosis or other conditions which make the individual not amenable to treatment. Other therapies may be concomitant with the weekly group treatment sessions described under this chapter, but ((may)) the program shall ensure other therapies do not substitute for the domestic violence perpetrator program treatment sessions. The department shall define other examples of therapies as:

(a) Individual therapy;

(b) Marital therapy;

(c) Family therapy;

(d) Substance abuse evaluations or therapy;

(e) Medication reviews; or

(f) Psychiatric interviews.

(2) The program shall ensure the foremost goal of a perpetrator's treatment is to increase the victim's safety by changing the perpetrator's abusive behavior.

(a) Concomitant marital or family therapy may not be consistent with the goal of victim safety((.)); and

(b) In such cases, the program ((should)) shall not pursue these therapies concomitantly with domestic violence perpetrator treatment.

[Statutory Authority: 1992 HB 1884. 93-10-024 (Order 3539), 388-60-130, filed 4/28/93, effective 5/29/93.]

AMENDATORY SECTION (Amending Order 3539, filed 4/28/93, effective 5/29/93 WAC 388-60-140 Program policies and procedures. The program complying with the Washington standards for a domestic violence perpetrator program((s)) shall adopt and implement treatment program policies and procedures which address, at a minimum, the following issues:

(1) Victim safety. The program shall:

(a) Have policies and procedures which adequately assess the safety of the victim of the perpetrator.

(b) Take the following steps to protect the safety of the victim:

(i) Notify the victim of the applicant's acceptance or rejection for treatment services;

(ii) Encourage victims to make plans to protect themselves and their children; ((and))

(iii) Inform victims of the availability of outreach, advocacy, emergency services, and safety planning offered by a domestic violence victim program((s));

(iv) Give victim brief description of treatment program;

(v) Inform victim of the limitations of treatment; and

(vi) Under no circumstances invite or require victims of group participants to attend perpetrator program counseling and education groups.

(2) Nondiscrimination. The program((s)) shall not discriminate against any applicant based on:

(a) Race;

(b) Age;

(c) Gender;

(d) Disability;

(e) Religion;

(f) Marital status;

(g) Political affiliation;

(h) Educational attainment;

(i) Socio-economic class;

(j) Ethnicity;

(k) National origin; or

(l) Sexual orientation.

When feasible, ((the)) a domestic violence perpetrator treatment program((s)) shall provide culturally sensitive services. The program((s)) shall review program curricula, publications, and audio-visual materials to ensure adherence to these standards of cultural sensitivity and nondiscrimination.

(3) Screening authority and responsibilities. The domestic violence perpetrator treatment program((s)) shall operate within the following scope of authority and responsibility:

(a) Authority to accept or reject all referrals;

(b) Develop and utilize criteria for acceptance or rejection for treatment services; and

(c) Accept responsibility to and ((shall)) have authority to impose any conditions on participation in treatment services that the program deems appropriate.

(4) Rights of a participant((s)).

(a) The domestic violence perpetrator treatment program((s)) shall acknowledge the:

(i) Obligation to provide a participant the highest level of quality service ((to participants)); and

(ii) Rights of a participant((s)) to be treated with respect and dignity.

(b) Program staff, board, and volunteers shall:

(i) Not engage in, condone, or tolerate acts of sexual harassment or exploitation of an employee((s)), a student intern((s)), a program participant((s)), or a battered victim((s)) of participant((s)); and

(ii) Establish a climate in which all relationships with colleagues and participants are based on respect for one another.

(5) Confidentiality.

(a) Right to confidentiality. A domestic violence perpetrator treatment program((s)) shall adhere to the standards of confidentiality promulgated in chapter 18.19 RCW for registered counselors. The program shall ensure communications between the participant and the program ((shall be)) are confidential unless specifically exempted from confidentiality by:

(i) The participant's release of information; or ((by))

(ii) Law.

(b) Waiver of confidentiality--mandatory releases. To facilitate communication necessary for periodic safety checks and case monitoring, the program shall require the perpetrator to sign the following releases:

(i) A release for the program to:

(A) Inform the victim and the victim's community advocates and legal advocates that the perpetrator is in treatment with the program; and

(B) Provide information for safety purposes to the victim and the victim's community((/)) advocates and legal advocates.

(ii) A release to prior and current treatment agencies to provide perpetrator information ((on the perpetrator)) to the program; and

(iii) A release for the program to provide perpetrator information ((on the perpetrator)) to relevant legal entities, including:

(A) Lawyers;

(B) Courts;

(C) Parole;

(D) Probation;

(E) Child protective services; ((and))

(F) Child welfare services; and

(G) Court-appointed guardians ad litem.

(iv) A release for the program to notify any person whose safety appears to be at risk for the participant's potential for violence and lethality, including, but not limited to:

(A) The victim;

(B) Any children;

(C) Significant others;

(D) Victims' advocates; or

(E) Police.

(c) Optional releases. A domestic violence perpetrator treatment program((s)) may require a participant to sign a release permitting the program to provide the victim with periodic reports regarding the participant's participation. A program((s are not required to)) may obtain this release or ((to)) may provide this information to a victim((s)).

(d) Victim confidentiality. The program shall treat information ((provided by)) the victim provides to the program as confidential unless the victim provides explicit written permission for the disclosure of the information. If a new offense has occurred, the program shall request the victim ((will be asked)) to contact the:

(i) Appropriate law enforcement agency; and ((the))

(ii) Local domestic violence victim's program.

(e) Confidentiality in group activities. The program counseling and educational groups shall be:

(i) Confidential, except as provided under subsection (5)(b) of this section; and

(ii) Closed to those other than participants, program staff, and((/or)) volunteer group leaders, and others specifically invited by the group leaders. Others specifically invited by group leaders ((may)) include:

(A) Professionals and those offering interpretation services for the deaf and/or hearing impaired or language translation/interpretation; and

(B) Others bringing specific information critical to the group.

(f) The domestic violence perpetrator treatment program shall obtain a written agreement for confidentiality with all participants and invited guests. The program shall ensure the confidentiality agreement ((shall)) prohibits disclosure of identities of participants or participant-specific information, except ((as)) when a specific participant((s)) provides a written permission for disclosure.

(g) The program shall only audio or video tape group sessions when all participants grant a written consent. The program shall ensure the consent form ((shall)) details the specific uses for the tape to which the participant consents. The program shall obtain an additional consent statement((s)) from each participant to permit use of the tape for other than the purposes specified in the original consent.

(6) Intake((/)) and assessment. The domestic violence perpetrator treatment program shall conduct an individual, complete, clinical intake((/)) and assessment interview of a perpetrator and compile a written document, including, at a minimum:

(a) Current and past violence history;

(b) A complete diagnostic evaluation;

(c) A substance abuse assessment;

(d) History of threats of homicide or suicide;

(e) History of ideation of homicide or suicide;

(f) A lethality risk assessment;

(g) Possession of, access to, or a history of use of weapons;

(h) Degree of obsessiveness and dependency on the perpetrator's victim;

(i) History of episodes of rage;

(j) History of depression and other mental health problems;

(k) History of having sexually abused the battered victim and others;

(l) History of the perpetrator's domestic violence victimization and/or sexual abuse victimization;

(m) Access to the battered victim;

(n) Criminal history;

(o) Assessment of cultural issues;

(p) Assessment of learning disabilities, literacy, and special language needs; and

(q) Review of other diagnostic evaluations of the perpetrator.

(7) Treatment plan.

(a) The program shall base a participant's treatment on the clinical intake/assessment. The program shall develop a treatment plan that adequately and appropriately addresses the needs of the individual participant.

(b) The program shall:

(i) Evaluate whether a participant should be required to engage in drug and alcohol, mental health, or other treatment services while the person is a participant in the program;

(ii) Develop a treatment plan accordingly; ((and))

(iii) Make appropriate referrals outside the agency. If treatment by other providers is contra-indicated, ((then)) the program shall determine prioritization of treatment; and

(iv) Determine the sequence of adjunct services if concurrent treatment is not clinically appropriate.

(c) The domestic violence perpetrator treatment program((s)) shall consider issues relating to ((the)) a participant's prior victimization ((in)) when designing the participant's treatment plan.

(i) The program((s)) shall consider the appropriateness of domestic violence victim services for a participant((s)) who presents an extensive ((histories)) history of prior victimization.

(ii) In light of consistent research findings that a victim((s)) of domestic violence ((are)) is female in ninety-five percent of domestic violence incidents, the program shall give special consideration to a female participant((s)) with regard to prior domestic violence victimization.

(8) Contract with a program participant((s)). The program shall require a participant to enter into a formal contract for services. The program(('s)) shall ensure the contract ((shall)) includes, at a minimum, the following elements:

(a) Statement of program treatment philosophy consistent with these program standards, including:

(i) No victim blaming;

(ii) Stop all forms of battering;

(iii) Holding the abuser accountable; and

(iv) Primary concern for the safety of victims.

(b) An Agreement to cooperate with program rules;

(c) An agreement to:

(A) Stop violent and threatening behaviors;

(B) Be nonabusive and noncontrolling in relationships;

(C) Develop and adhere to a responsibility plan;

(D) Comply with all court orders;

(E) Cooperate with the rules for group participation; and

(F) Execute all necessary documents for release of information to battered victims, law enforcement, the courts, probation, and others as appropriate and as described under subsection (5)(b) and (c) of this section.

(d) Attendance policies and consequences of inadequate attendance;

(e) The expectation of active participation, including sharing personal experiences, values, and attitudes, and completing group activities and assignments;

(f) Other program expectations, such as written exams, concurrent treatment requirements, ((rules regarding)) possession of weapons as described under chapters 275-55 and 275-59 WAC, and any other conditions on participation in the program;

(g) Criteria for administrative and contractual discharge and completion of treatment;

(h) The right to confidentiality within the specified limits, and the requirement that a participant((s)) safeguards the confidentiality of other group members;

(i) Duty of the program to warn and protect victims, law enforcement, and third parties related to any risk of serious harm posed by the participant;

(j) Requirement that the participant:

(i) Provide documents related to prior violence((,)) and prior or concurrent treatment services; or

(ii) Execute appropriate releases to authorize document provision by others with whom the participant has had privileged communication.

(k) Fees((/)) and methods of treatment provider payment; and

(l) Drug and alcohol policy, including the requirement that the client attend sessions free of drugs ((or)) and alcohol.

(9) Program educational curriculum requirements. The domestic violence perpetrator treatment program shall identify and utilize an educational curriculum for each program participant((s)). The program shall address at ((least the following topics and issues)) a minimum:

(a) Belief systems which legitimize and sustain violence against women, and/or use of violence or threat of violence to establish power and control over a partner;

(b) Definitions of abuse, battering, and domestic violence as described in the program standards within this chapter;

(c) Accountability of a batterer((s)) for ((their)) the batterer's actions and the need to avoid victim-blaming;

(d) Forms of abuse including:

(i) Physical;

(ii) Emotional and sexual abuse;

(iii) Economic manipulation or domination;

(iv) Property destruction;

(v) Stalking;

(vi) Terroristic threat; and

(vii) Acts jeopardizing the well-being and safety of battered partners, children, pets, other family members, and friends.

(e) Washington state law and practice regarding domestic violence, as described under chapters 10.31, 10.99, and 26.50 RCW;

(f) Opportunities for each participant to identify all of ((their)) the participant's abusive conduct, the pattern of that conduct, and cultural supports which legitimize or excuse that conduct;

(g) Techniques for achieving nonabusive or noncontrolling conduct;

(h) Opportunities to examine values or beliefs which facilitate abuse;

(i) Adverse legal and social consequences for a batterer((s));

(j) Impact of abuse and battering ((of)) on children and incompatibility of domestic violence and abuse with responsible parenting;

(k) Necessity of meeting financial and legal obligations to family members; and

(l) Opportunity and assistance for a participant to develop a responsibility plan to ensure accountability for the participant's commitment to divest all abusive power and control over the victim.

(10) Minimum treatment period. The domestic violence perpetrator treatment program shall:

(a) Define the minimum treatment period as the period of time required for the participant to complete the criteria for completion of treatment defined by the program. The program may not define satisfactory completion of treatment solely as a certain period of time or a certain number of sessions; and

(b) At a minimum, equate the treatment period to twelve or more months of accountability to the program. The program's twelve-month minimum treatment period shall include attendance at a minimum of:

(i) Twenty-six weekly single gender group sessions to the completion of treatment criteria as described under subsection (11) of this section; and

(ii) Continue with monthly face-to-face contact with the treatment provider until the twelve-month period is complete.

(11) Satisfactory completion of treatment. The program shall establish written criteria for satisfactory completion of treatment. At a minimum, the program shall include the following criteria for completion of a participant's treatment:

(a) Completion of the minimum treatment period requirements;

(b) Attendance at weekly group sessions and all other required treatment periods;

(c) Cooperation with group rules throughout treatment services;

(d) Cessation of violence and threats of violence while a participant in the program;

(e) Cessation of other abusive and controlling conduct while a participant in the program;

(f) Adherence to the participant's responsibility plan;

(g) Compliance with court orders; and

(h) Compliance with other conditions and provisions of the contract for treatment services, such as compliance with ((substance abuse)) chemical dependency treatment requirement.

(12) Notification of completion of treatment. The program shall:

(a) Notify the court of completion of treatment by any court-mandated participant;

(b) When feasible, notify the victim of completion of treatment by the participant; and

(c) Specify only that the participant has been given a contractual discharge which is based on adequate compliance with the contract and any court order.

(13) Re-offense and noncompliance. The program shall establish and implement written policies regarding consequences for re-offense and noncompliance with program policies.

(14) Termination without completion of treatment.

(a) The program shall develop guidelines for discharge so that:

(i) Discharge decisions are uniform and predictable; and

(ii) Discrimination does not occur against any participant, except as the program is not able to provide adequate treatment services based on the stage of its current development, personnel, or resources, based on:

(A) Race((,));

(B) Age;

(C) Gender;

(D) Disability;

(E) Religion;

(F) Martial status;

(G) Political affiliation;

(H) Educational attainment;

(I) Socio-economic class;

(J) Ethnicity;

(K) National origin; or

(L) Sexual orientation.

(b) The program shall document, in writing, noncompliance with:

(i) The program participant contract((, with));

(ii) A court order((,));

(iii) A probation agreement((,)); or

(iv) Group rules.

(c) The program shall determine if termination of a participant's treatment without completion shall be made when the following circumstances occur:

(i) Continued abuse, particularly physical violence;

(ii) Failure to maintain regular attendance;

(iii) Failure to make appropriate use of the treatment program;

(iv) Failure to comply with other treatment conditions or provisions which are part of the participant's contract, such as involvement in a recovery program for ((drugs and alcohol)) chemical dependency, failure to continue involvement with mental health treatment; and

(v) Failure to pay fees;

(vi) Violation of any of the group rules; and

(vii) Violation of any provisions of a court order.

(d) The program shall use consistent procedures to notify the court of termination without completion of court-mandated clients.

(e) The program shall establish and maintain procedures for notification of victims of termination without completion of treatment.

[Statutory Authority: 1992 HB 1884. 93-10-024 (Order 3539), 388-60-140, filed 4/28/93, effective 5/29/93.]

AMENDATORY SECTION (Amending Order 3539, filed 4/28/93, effective 5/29/93 WAC 388-60-150 Treatment staff qualifications. (1) Paid and volunteer treatment staff.

(a) All paid and volunteer staff with direct treatment contact with participants shall be:

(i) Registered as counselors or certified as mental health professionals as required under chapter 18.19 RCW; and

(ii) Free of criminal convictions involving moral turpitude.

(b) Each paid or volunteer staff person, including a person((s)) providing supervision, shall have participated in:

(i) A minimum of thirty hours of training in domestic violence from an established domestic violence victim program; and

(ii) A minimum of thirty hours of training from an:

(A) ((An)) Established domestic violence perpetrator treatment services program complying with these program standards; or

(B) Out-of-state domestic violence perpetrator treatment program which ((would meet these)) meets department standards of this chapter and chapter 26.50 RCW.

(c) ((During the two-year period beginning on the date of adoption of these standards, a program which has not yet completed administrative procedures for certification but which meets those requirements shall be deemed an "established domestic violence perpetrator treatment program complying with these program standards."

(d))) Each paid or volunteer staff person providing direct treatment to a participant((s)) shall have completed a minimum of two hundred fifty hours of a combination of supervised direct treatment contact with perpetrators and domestic violence victim advocacy services. Of the required two hundred fifty hours, a paid or volunteer staff person shall complete a minimum of one hundred twenty-five hours in supervised direct treatment contact with perpetrators.

(((e))) (d) Each paid or volunteer staff person providing direct treatment to a participant((s)) shall hold at least a bachelor's degree, or year-for-year experience equivalent to a bachelor's degree.

(2) Trainees. The program shall consider as a trainee a paid or volunteer staff person who has not completed a minimum of two hundred fifty hours of a combination of supervised direct treatment contact with perpetrators and domestic violence victim advocacy services. A trainee may serve as a co-facilitator of groups, but a trainee may not have sole responsibility for facilitation of groups, except in programs in which a qualified supervisor is present on-site, as defined under subsection (3) of this section.

(3) Staff providing supervision of treatment staff.

(a) Each program shall have at least one person providing supervision to paid and volunteer treatment staff who meets all of the following requirements:

(i) Has a minimum of three years of experience working with both perpetrators and victims of domestic violence;

(ii) Has had a minimum of one year of experience in group facilitation;

(iii) Has completed a minimum of five hundred hours of supervised direct treatment contact with perpetrators and domestic violence victim advocacy services. Of the five hundred hours, the person providing supervision shall complete a minimum of two hundred fifty hours in supervised direct treatment contact with perpetrators; and

(iv) Holds at least a master's degree or year-for-year experience equivalent to a master's degree.

(b) Either on-site or off-site supervision may be provided by a person meeting the qualifications required under subsection (3)(a) of this section. The programs shall establish and implement policies, procedures, and supervision schedules ensuring adequate supervision for all treatment staff.

[Statutory Authority: 1992 HB 1884. 93-10-024 (Order 3539), 388-60-150, filed 4/28/93, effective 5/29/93.]

AMENDATORY SECTION (Amending Order 3539, filed 4/28/93, effective 5/29/93 WAC 388-60-160 Orientation and continuing professional education requirements. (1) The program shall provide orientation for new paid and volunteer staff to acquaint the staff with the program's philosophy, organization, curriculum, policies, procedures, and goals.

(2) The program shall provide paid and volunteer staff with ongoing training and supervision by a trainer with expertise in domestic violence victim services and/or from a state-certified perpetrator treatment program.

(3) A paid or volunteer staff:

(a) ((Member)) Having direct treatment contact with participants shall complete a minimum of twenty hours of continuing professional education ((within)) for each ((calendar)) year following certification with no more than one half (ten) of those hours being satisfied "in-house";

(b) ((Member's)) Education shall include four or more hours of training per year on issues of sexism, racism, and homophobia, and their relationship to domestic violence;

(c) ((Member's)) Training in domestic violence, alcohol/drug abuse, mental health, or other issues relating to the treatment of domestic violence perpetrators shall qualify that member's training as continuing professional education; ((and))

(d) ((Member)) May obtain continuing professional education through classes, seminars, workshops, video or audio tapes, or other self-study programs when approved, in writing, by the staff supervisor. The staff shall devote not more than five hours to video, audio tapes, or self-study program as part of an overall twenty hours continuing education requirement; and

(e) The staff shall document all continuing education hours on approved forms accompanied with completion certificates, course/workshop outline, and supervisor signature and submit upon application for re-certification.

[Statutory Authority: 1992 HB 1884. 93-10-024 (Order 3539), 388-60-160, filed 4/28/93, effective 5/29/93.]

NEW SECTION

WAC 388-60-190 Program certification process. (1) The domestic violence perpetrator program providing treatment to a perpetrator of domestic violence shall request certification by completing an application available by mail from the Domestic Violence Perpetrator Treatment Program Certification, Department of Social and Health Services (DSHS), Children's Administration, P.O. Box 45710, Olympia, Washington 98504-5710.

(2) The person or entity responsible for the program operation shall submit to this department a completed application and the application fee prior to certification.

(3) The department shall publish a current application fee for a domestic violence perpetrator treatment program and shall update the fee annually in July. The application fee will be stated in the application packet.

(4) The department shall ensure the application includes a written certification by the domestic violence perpetrator program director that the program complies with the program standards contained in this chapter.

(5) The program shall complete criminal history background checks on all perpetrator treatment program staff and include the background check results with the certification application. The program shall also include with the application, a statement indicating for each paid and volunteer staff person, whether they have been a party to any civil proceedings involving domestic violence.

(6) The department shall review certification applications within thirty days after receipt of the application to determine whether the domestic violence perpetrator program complies with the program standards contained in this chapter and shall:

(a) Notify the applicant whether the program complies with the program standards. If a program meets compliance standards the department shall issue the program a certificate of compliance;

(b) Provide programs that have not met compliance standards with a copy of the program standards and a written notice containing:

(i) The reasons for the determination of noncompliance; and

(ii) The program standards relied upon for making the determination.

(7) An applicant denied certification by the department shall have a right to a fair hearing as provided under chapter 388-08 WAC.

(8) The department shall maintain an updated record of all certified domestic violence perpetrator programs and programs that:

(a) Are certified;

(b) Are in the process of applying for certification;

(c) Have been denied certification;

(d) Have been notified that the department is revoking or suspending certification;

(e) Have had certification revoked; and

(f) Are being investigated.

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NEW SECTION

WAC 388-60-200 Certification maintenance. (1) Each program certified under this chapter shall apply for continued certification every two years. A treatment provider's continued certification and renewal shall be contingent upon:

(a) A completed application form submitted to DSHS/DCFS at least forty-five days before the expiration date of the previous certification period which shall include:

(i) An update of all program and staff changes including criminal history background check results, and a statement regarding civil proceedings as described in WAC 388-60-190(5);

(ii) An update of continuing staff professional education hours;

(iii) Payment of the application fee; and

(iv) Completed information request forms from the local multidisciplinary domestic violence intervention committee (DVIC) or task force and an established local domestic violence victim service provider as defined in chapter 70.123 RCW.

(b) A determination by the department, based on the completed application, that the program continues to meet the standards and qualifications as outlined in this chapter;

(c) A determination by the department that any complaint investigations if any, from the previous certification period have been satisfactorily resolved.

(2) The department shall provide applicants for certification renewal that do not comply with the program standards with a written notice containing:

(a) The reasons for the determination of noncompliance; and

(b) The program standards relied upon for making the determination.

(3) A program applicant denied recertification by the department shall have a right to an administrative hearing as provided under chapter 388-08 WAC.

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NEW SECTION

WAC 388-60-210 Advisory committee. The department shall establish and appoint a volunteer group to serve as the Washington domestic violence perpetrator treatment program standards advisory committee.

(1) The advisory committee shall include the following members:

(a) Four persons representing the perspective of victims of domestic violence to be chosen with input from the Washington state coalition against domestic violence;

(b) Four persons representing the perspective of state-certified domestic violence perpetrator treatment program providers to be chosen with input from a statewide coalition of domestic violence perpetrator treatment programs;

(c) Four persons representing the perspective of adult misdemeanant probation and Washington state courts of limited jurisdiction to be chosen with input from the misdemeanant corrections association and municipal court judges association;

(d) One person representing the department of corrections; and

(e) One person representing the office of the administrator for the courts.

(2) Advisory committee members shall be appointed for two-year terms. Committee members may be replaced if they have missed two consecutive meetings.

(3) If funds are available, the department shall reimburse advisory committee members for travel and meal expenses related to service on the committee. Advisory committee members shall not receive any other compensation for services on the committee.

(4) The role of the advisory committee shall be to:

(a) Advise the department about any recommended changes to the program standards;

(b) Provide technical assistance to DSHS on program standards, implementation, certification and recertification criteria.

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NEW SECTION

WAC 388-60-220 Complaint. (1) Pursuant to RCW 26.50.150, complaints about domestic violence perpetrator treatment programs certified under this chapter shall be made to the department;

(2) Any person may submit a written complaint to the department regarding the following concerns about a certified program:

(a) Conduct which places victims at risk; or

(b) Failure to comply with program and/or treatment standards as specified in chapter 388-60 WAC.

(3) The department shall notify the program in writing within fourteen days after receipt, that a valid complaint has been received and investigation has been initiated.

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NEW SECTION

WAC 388-60-230 Investigation. (1) The department will initiate an investigation within fourteen days if:

(a) A complaint subject to the criteria in WAC 388-60-220(2) has been received by the department; or

(b) The department has reason to believe, without a written complaint, that a program has engaged in conduct specified in WAC 388-60-220(2).

(2) The investigation may include contact with the complainant, other persons involved in the complaint and the program.

(3) The department will begin an investigation within fourteen days of the receipt of an eligible complaint.

(4) The department shall complete its investigation within forty-five days of initiating an investigation unless circumstances warrant a longer period of time.

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NEW SECTION

WAC 388-60-240 Results of investigation. (1) The department shall prepare written results of the complaint investigation.

(2) If the department determines that the program engaged in conduct specified in WAC 388-60-220(2), the written results shall include a determination as to the status of the program's certification:

(a) Revocation of certification. Specific grounds for revocation shall be set forth in the written results, including the provisions of this chapter upon which revocation is based. Where program certification is revoked, the results shall state the effective date of revocation.

(b) Suspension of certification. Specific grounds for suspension of certification shall be set forth within the written results, including the provisions of this chapter upon which suspension is based. Where program certification is suspended, the results shall state the effective date of suspension and shall include specific remedial steps which must be satisfied prior to the department lifting the suspension and reinstating certification.

(c) Written warning. Specific grounds for a program warning shall be set forth within the written results, including the provision of this chapter upon which the warning is based. Where a program is given a written warning, the results shall include specific remedial steps which must be taken to the satisfaction of the department and the date by which the specific steps must be remedied. Where a program refuses or fails to remedy the problems specified in the written warning, the department may revoke or suspend program certification as specified above.

(3) Where the department revokes or suspends program certification, or issues a written warning to a program pursuant to WAC 388-60-240, the program shall be notified in writing of its right to request an administrative hearing as provided under chapter 388-08 WAC.

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NEW SECTION

WAC 388-60-250 Notification of results. (1) Written results shall be prepared by the department and sent to the program by certified mail, return receipt requested, within twenty (20) days after completion of the investigation. A copy of the written results shall also be mailed to the complainant.

(2) Where a program's certification is revoked or suspended, the program shall be directed to take immediate steps to notify and refer current clients to other certified domestic violence perpetrator treatment programs, prior to the effective date of revocation or suspension.

(3) Where a program's certification is revoked or suspended, the program shall be directed to:

(a) Cease accepting perpetrators of domestic violence into its treatment program;

(b) Notify victims, partners, and any relevant agencies of the client referral; and

(c) Notify in writing the presiding judge and chief probation officer of each judicial district from which the program receives court referrals, of the certification revocation or suspension.

(4) Where a program holds a license or certification from the state of Washington for the provision of other treatment modalities, the department may notify the appropriate licensing or certifying authority that the domestic violence perpetrator treatment program certification is revoked or suspended.

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NEW SECTION

WAC 388-60-260 Appeal. A domestic violence perpetrator treatment program aggrieved by a decision of the department regarding certification has a right to an adjudicative proceeding. The proceeding shall be governed by the Administrative Procedure Act (chapter 34.05 RCW) and chapter 388-08 WAC.

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