PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Children's Administration)
Original Notice.
Preproposal statement of inquiry was filed as WSR 99-17-057.
Title of Rule: Chapter 388-60 WAC, Domestic violence perpetrator treatment program standards.
Purpose: Clarify the language of the requirements for all programs providing domestic violence perpetrator treatment services, as well as add several new requirements. The rules also meet the intent of the Governor's Executive Order 97-02.
Statutory Authority for Adoption: RCW 26.50.150.
Statute Being Implemented: RCW 26.50.150.
Summary: The clear language and format change will lead to overall clarification of the chapter. The addition of requirements regarding treatment group size and length of group treatment sessions will incorporate professional standards in WAC. The addition of requirements for mandatory releases of information and documentation of contact with victims will help to enhance safety for victims. Requirements for membership in local domestic violence task forces or intervention committees and documentation of cooperative relationships with other entities involved in domestic violence intervention will increase collaboration within communities.
Reasons Supporting Proposal: Overall clarity, efficiency, and effectiveness of the regulations for domestic violence perpetrator treatment programs will be achieved.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Maureen Kelly, P.O. Box 45710, Olympia, WA 98504, (360) 902-7901.
Name of Proponent: Department of Social and Health Services, Children's Administration (CA), governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: WAC 388-60-0085, sets new minimum and maximum numbers for participants involved in group sessions to two and twelve, respectively. (No numbers were specified before). Sets the minimum length of group treatment sessions (previously unspecified) to ninety minutes.
WAC 388-60-145, requires a treatment program to include additional mandatory signed releases of information in client files to allow current treatment programs to exchange information with:
| • | Concurrent and past treatment programs; |
| • | DSHS certifying authorities; and |
| • | Prosecutors. |
WAC 388-60-175 and 388-60-0345, limits duties that trainees may perform without supervision.
WAC 388-60-315, clarifies that direct treatment staff must complete all mandatory training before providing services to clients.
WAC 388-60-415, 388-60-455 and 388-60-525, clarifies the requirement for cooperative relationships between agencies that provide domestic violence intervention and those that provide services to domestic violence victims.
WAC 388-60-455 and 388-60-5250151, require that treatment programs are involved in local domestic violence task forces or committees.
The anticipated effect will be the overall clarification of the requirements for programs providing domestic violence perpetrator treatment services. The more clearly written question and answer format will be consistent with the changes being made in other DSHS WACs. Addition of standards for group size and treatment session length reflect best practice standards for professional counseling programs. Requirements regarding communication with other programs involved in domestic violence intervention and membership in local task forces will result in greater collaboration within a community, and will help to enhance victims' safety through sharing of information.
Proposal Changes the Following Existing Rules: See above.
No small business economic impact statement has been prepared under chapter 19.85 RCW. CA worked with an advisory committee made up of representative small businesses throughout the rule-making process. To ascertain costs associated with proposed changes, CA surveyed 23% of the small businesses impacted. As a result of the survey and discussions with the advisory committee, CA concludes that no "more than minor" costs will be imposed on the small businesses affected by proposed amendments to the rules. Therefore, the preparation of a comprehensive SBEIS is not required.
RCW 34.05.328 applies to this rule adoption. The proposed rule changes for chapter 388-60 WAC, Domestic violence perpetrator treatment program standards are "significant legislative rules" as defined in RCW 34.05.328 and therefore require a cost benefit analysis (CBA). A copy of the CBA may be requested by contacting Maureen Kelly by mail at Children's Administration, P.O. Box 45710, Olympia, WA 98504-5710, by phone at (360) 902-7901, or by e-mail at kelm300@dshs.wa.gov.
Hearing Location: DCFS Region 1 Office, 1313 North Atlantic, Suite 2000, Spokane, WA 99221, on November 7, 2000, at 10:00 a.m.; and at the Lacey Government Center, 1009 College Street S.E., Room 104B, Lacey, WA 98503, on November 21, 2000, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Kelly Cooper, DSHS Rules Coordinator, by November 1, 2000, for Spokane; November 14, 2000, for Lacey, phone (360) 664-6094, TTY (360) 664-6178, e-mail coopekd@dshs.wa.gov.
Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by November 21, 2000.
Date of Intended Adoption: Not sooner than November 22, 2000.
Edith M. Rice, Chief
Office of Legal Affairs
2775.3DOMESTIC VIOLENCE PERPETRATOR PROGRAM STANDARDS
The following definitions are important to understand these rules:
"Corrective action" means the denial or suspension or revocation of certification, or the issuance of a written warning.
"Department" or "DSHS" means the department of social and health services.
"Participant" or "perpetrator" means the client enrolled in the domestic violence perpetrator treatment program. This client may be court-ordered to attend treatment or someone who chooses to voluntarily attend treatment.
"Program" or "treatment program" means a domestic violence perpetrator treatment program.
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PURPOSE(1) This chapter establishes minimum standards for programs that treat perpetrators of domestic violence.
(2) These standards apply to any program that:
(a) Advertises that it provides domestic violence perpetrator treatment; or
(b) Defines its services as meeting court orders that require enrollment in and/or completion of domestic violence perpetrator treatment.
(3) These programs provide treatment only to perpetrators of domestic violence, including clients who are self-referred or those who are court-ordered to attend treatment.
(4) An agency may administer other service programs in addition to domestic violence perpetrator treatment services; however, the domestic violence perpetrator treatment program must be considered a separate and distinct program from all other services the agency provides.
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All programs providing domestic violence perpetrator treatment services must:
(1) Be certified by the department; and
(2) Comply with the standards outlined in this chapter.
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(1) A domestic violence perpetrator treatment program must focus treatment primarily on ending the participant's physical, sexual, and psychological abuse.
(2) The program must hold the participant accountable for:
(a) The abuse that occurred; and
(b) Changing the participant's violent and abusive behaviors.
(3) The program must base all treatment on strategies and philosophies that do not blame the victim or imply that the victim shares any responsibility for the abuse which occurred.
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The primary goal of a domestic violence perpetrator treatment program must be to increase the victim's safety by:
(1) Facilitating change in the participant's abusive behavior; and
(2) Holding the participant accountable for changing the participant's patterns of behaviors, thinking, and beliefs.
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REQUIRED PROGRAM POLICIES AND PROCEDURES(1) Each treatment program must have written policies and procedures that adequately assess the safety of the victims of the perpetrators enrolled in the treatment program.
(2) The treatment program must take the following steps to protect victims:
(a) Notify the victim of each program participant within fourteen days of the participant being accepted or denied entrance to the program that the participant has enrolled in or has been rejected for treatment services.
(b) Inform victims of specific outreach, advocacy, emergency and safety planning services offered by a domestic violence victim program in the victim's community;
(c) Encourage victims to make plans to protect themselves and their children;
(d) Give victims a brief description of the domestic violence perpetrator treatment program, including the fact that the victim is not expected to do anything to help the perpetrator complete any treatment program requirements; and
(e) Inform victims of the limitations of perpetrator treatment.
(3) The program must document in writing the program's efforts to notify the victim of the above requirements.
(4) The program cannot invite or require the victims of participants to attend perpetrator treatment program counseling sessions or education groups which the program requires participants to attend as a condition of their contracts.
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(1) All participants must attend consecutive, weekly group treatment sessions.
Exception: Another type of intervention may be approved for certain documented clinical reasons, such as psychosis or other conditions that make the individual not amenable to treatment in a group setting.
(2) The program must assign each participant to a home group and the participant must be required to attend the same scheduled group each week. The program's director must authorize any exceptions to this requirement and document the reason for the exception.
(3) Each participant must sign all releases of information required by the treatment program, including those specified in WAC 388-60-0145.
(4) Each participant must sign a contract for services with the treatment program.
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(1) The group sessions must be single gender.
(2) The group size is limited to a maximum of twelve participants, and a minimum of two participants.
(3) Group sessions must be at least ninety minutes in length.
(4) Group sessions must be closed to all persons other than participants, group facilitators, and others specifically invited by the group leaders. Others specifically invited by group leaders may include:
(a) Professionals in related fields;
(b) Persons offering interpretation services for the deaf and/or hearing impaired or language translation/interpretation; and
(c) Others bringing specific information critical to the group.
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(1) A program may allow a client to participate in other types of therapy during the same period the client is participating in the required weekly group treatment sessions.
(2) Any other type of therapy must support the goal of victim safety by facilitating change in the participant's abusive behavior without blaming the victim for the perpetrator's abuse.
(3) The program must determine that the participant is stable in the participants other treatments before allowing the participant to participate in treatment for domestic violence.
(4) Other therapies including the following list may not be substituted for the required domestic violence perpetrator treatment sessions:
(a) Individual therapy;
(b) Marital or couples' therapy;
(c) Family therapy;
(d) Substance abuse evaluations or treatment; or
(e) Anger management.
(5) A program may recommend marital or couples' therapy only after:
(a) The participant has completed at least six months of domestic violence perpetrator treatment services; and
(b) The victim has reported that the participant has ceased engaging in violent and/or controlling behaviors. However, this therapy may not take the place of domestic violence perpetrator treatment session.
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(1) A domestic violence perpetrator treatment program may not discriminate against any participant based on:
(a) Race;
(b) Age;
(c) Gender;
(d) Disability;
(e) Religion;
(f) Marital status or living arrangements;
(g) Political affiliation;
(h) Educational attainment;
(i) Socio-economic status;
(j) Ethnicity;
(k) National origin; or
(l) Sexual orientation.
(2) Program materials, publications, and audio-visual materials must be culturally sensitive and nondiscriminatory.
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(1) A treatment program has the authority to accept or reject any referral for its program.
(2) The program must base acceptance and rejection of a client on written criteria the program has developed to screen potential participants.
(3) A treatment program may impose any conditions on participants that the program deems appropriate for the success of treatment.
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(1) A treatment program must provide each participant with the highest quality of service.
(2) Treatment program staff must establish a climate where all relationships with colleagues and participants are respectful.
(3) Each participant enrolled in a program must have the assurance that the program staff will conduct themselves professionally, as specified in RCW 18.130.180.
(4) Staff, board members, and volunteers working for a treatment program must not engage in or tolerate sexual harassment or exploitation of an employee, a program participant, or a victim of any program participant.
(5) Each participant must have a written contract signed by the participant and the treatment program staff which specifies the participants rights and responsibilities while enrolled in the program.
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CONFIDENTIALITY(1) Treatment programs must follow the confidentiality requirements contained in chapter 18.19 RCW for registered counselors and certified professionals.
(2) All program participants and guests must agree in writing not to disclose the identity of group participants or personal information about the participants.
(3) A treatment program must keep all communications between the participant and direct treatment staff confidential unless:
(a) The participant has signed a release of information; or
(b) The program is legally required to release the information.
(4) The treatment program may audio or video tape group sessions only when all participants grant written consent that gives details about the specific uses for the tape. The program must obtain an additional consent statement from each participant to permit use of the tape for any purpose other than the purposes specified in the original consent.
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For a treatment program to conduct case monitoring and periodic safety checks, the program must require all participants to sign the following releases which must remain in effect for the duration of the client's treatment:
(1) A release allowing the treatment program to notify the victim and/or the victim's community and/or legal advocates that the perpetrator has been accepted or rejected for treatment;
(2) A release allowing the program to provide the victim with periodic reports about the perpetrator's participation in the program.
(3) A release allowing the current domestic violence perpetrator treatment program access to information held by all prior and concurrent treatment agencies, including domestic violence perpetrator treatment programs, mental health agencies, and drug and alcohol treatment programs;
(4) A release allowing the treatment program to provide relevant information regarding the participant to each of the following entities:
(a) Lawyers, including prosecutors;
(b) Courts;
(c) Parole officers;
(d) Probation officers;
(e) Child protective services, child welfare services, and other DSHS programs;
(f) Court-appointed guardians ad litem;
(g) DSHS certifying authorities; and
(h) Former treatment programs that the participant has attended.
(5) A release for the program to notify any person whose safety appears to be at risk due to the participant's potential for violence and lethality. This includes, but is not limited to:
(a) The victim;
(b) Any children;
(c) Significant others;
(d) The victims' community and legal advocates; or
(e) Police.
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(1) A treatment program must treat all information the victim provides to the program as confidential unless the victim gives written permission for the program to release the information.
(2) Information must be kept separate from any files for perpetrators.
(3) If a victim tells the treatment program that the participant has committed a new offense, the treatment program must encourage the victim to contact:
(a) Appropriate law enforcement agency; and
(b) The local domestic violence victim's program.
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(1) Treatment programs must conduct an individual, complete clinical intake and assessment interview with each perpetrator who has been accepted into the treatment program. The program staff must meet face-to-face with the program participant to conduct this intake and interview.
(2) During the intake interview, program staff must obtain the following information, at a minimum:
(a) Current and past violence history;
(b) A complete diagnostic evaluation;
(c) A substance abuse assessment;
(d) History of treatment from past domestic violence perpetrator treatment programs;
(e) History of threats of homicide or suicide;
(f) History of ideation of homicide or suicide;
(g) History of stalking;
(h) Data to develop a lethality risk assessment;
(i) Possession of, access to, plans to obtain, or a history of use of weapons;
(j) Degree of obsessiveness and dependency on the perpetrator's victim;
(k) History of episodes of rage;
(l) History of depression and other mental health problems;
(m) History of having sexually abused the battered victim or others;
(n) History of the perpetrator's domestic violence victimization and/or sexual abuse victimization;
(o) Access to the battered victim;
(p) Criminal history and law enforcement incident reports
(q) Reports of abuse of children, elderly persons, or animals;
(r) Assessment of cultural issues;
(s) Assessment of learning disabilities, literacy, and special language needs; and
(t) Review of other diagnostic evaluations of the participant.
(3) The program client file must include documentation of reasonable efforts to obtain the above information.
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(1) Only treatment staff who meet the minimum qualifications for direct treatment staff stated in chapter 388-60 WAC may complete the intake process or conduct the assessment interview.
(2) A trainee may not have sole responsibility for conducting an intake or assessment. If the staff conducting the intake/assessment is a trainee, the trainee must work in conjunction with additional staff in their program, and the trainee's program supervisor must review and sign off on the trainee's work.
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The program must compile a written document, which includes the information required to be gathered in the intake/assessment process.
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(1) The treatment program must develop a written treatment plan for each participant who is accepted into the domestic perpetrator treatment program.
(2) The treatment program must base the participant's treatment on the clinical intake/assessment which the program completed for the client.
(3) The treatment plan must adequately and appropriately address the needs of the individual participant.
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(1) A treatment program must:
(a) Evaluate whether a participant should be required to engage in drug and alcohol, mental health, or other treatment services while they are participating in the treatment program;
(b) Decide which treatment gets priority for the participant if more than one treatment service is recommended;
(c) Determine the sequence of other services if concurrent treatment is not clinically appropriate; and
(d) Make appropriate referrals to outside agencies.
(2) A treatment program must consider issues relating to a participant's prior victimization when designing each treatment plan.
The program must consider the appropriateness of domestic violence victim services in lieu of perpetrator treatment for a participant who presents an extensive history of prior victimization.
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A treatment program must require each participant to sign a formal contract for services.
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The contract between each participant and the treatment program must include the following elements:
(1) A statement regarding the treatment program's philosophy that:
(a) The victim may not be blamed for the participant's abuse;
(b) The perpetrator must stop all forms of abuse;
(c) An abuser is to be held accountable for the abusers actions; and
(d) The program's primary concern is for the safety of victims.
(2) A statement requiring the participant to:
(a) Cooperate with all program rules;
(b) Stop violent and threatening behaviors;
(c) Be nonabusive and noncontrolling in relationships;
(d) Develop and adhere to a responsibility plan;
(e) Comply with all court orders;
(f) Cooperate with the rules for group participation; and
(g) Sign all required releases of information.
(3) A policy on attendance and consequences for inadequate attendance.
(4) A requirement that the perpetrator must actively participate in treatment, including sharing personal experiences, values, and attitudes, as well as completing all group activities and assignments.
(5) A policy regarding other program expectations, such as completion of written exams, concurrent treatment requirements, and possession of weapons as described under chapters 275-55 and 275-59 WAC
(6) Written criteria for completion of treatment.
(7) A statement that group members must honor the confidentiality of all participants.
(8) A statement that the treatment program has the duty to warn and protect victims, law enforcement, and third parties of any risk of serious harm the program determines the participant poses to them.
(9) Requirements that the participant must either:
(a) Provide the program with the participant's arrest records, criminal history, and any information regarding treatment services previously received; or
(b) Identify the existence of and location of all service records, and authorize release of all such records to the domestic violence treatment program.
(10) The program's policy regarding the use of drugs and alcohol, including a provision that the participant must attend treatment sessions free of drugs and alcohol; and
(11) Fees and methods of payment for treatment.
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A treatment program must follow a specific educational curriculum for all participants in the program.
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The curriculum of the treatment program must include the following topics:
(1) Belief systems that allow and support violence against women;
(2) Belief systems that allow and/or support the use or threat of violence to establish power and control over an intimate partner;
(3) Definitions of abuse, battering, and domestic violence;
(4) Forms of abuse, including:
(a) Physical abuse;
(b) Emotional and sexual abuse;
(c) Economic manipulation or domination;
(d) Property destruction;
(e) Stalking;
(f) Terrorizing someone or threatening him or her; and
(g) Acts that put the safety of battered partners, children, pets, other family members, or friends at risk.
(5) The impact of abuse and battering on children and the incompatibility of domestic violence and abuse with responsible parenting;
(6) The fact that a participant is solely responsible for the participant's violent behavior, and must acknowledge this fact;
(7) The need to avoid blaming a victim for the participant's abusive behavior;
(8) Techniques to be nonabusive and noncontrolling;
(9) Negative legal and social consequences for someone who commits domestic violence;
(10) Why it is necessary to meet financial and legal obligations to family members;
(11) Opportunities for a participant to develop a responsibility plan;
(a) The treatment program may assist the participant in developing the plan.
(b) In the plan, the participant must make a commitment to giving up power and control over the victim.
(12) Education regarding individual cultural and family dynamics of domestic violence; and
(13) Washington State laws and practices regarding domestic violence, as described in chapters 10.31, 10.99, and 26.50 RCW.
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(1) The minimum treatment period is the time required for the participant to fulfill all conditions of treatment set by the treatment program. Satisfactory completion of treatment is not based solely on a perpetrator participating in the treatment program for a certain period of time or attending a certain number of sessions.
(2) The program must require participants to attend treatment and satisfy all treatment program requirements for at least twelve months.
(3) The program must require the participant to attend:
(a) A minimum of twenty-six consecutive weekly same gender group sessions, followed by:
(b) Monthly sessions with the treatment provider until the twelve-month period is complete. These sessions must be conducted face-to-face with the participant by program staff who meet the minimum qualifications set forth in this chapter.
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(1) A treatment program must have written criteria for satisfactory completion of treatment.
(2) A program must require a participant to meet all of the following conditions in order for the program to state that the participant has completed treatment:
(a) Attend treatment sessions for the minimum treatment period;
(b) Attend all other sessions required by the program;
(c) Cooperate with all group rules and program requirements throughout the duration of treatment services;
(d) Stop the use of all violent acts or threats of violence;
(e) Stop using abusive and controlling behavior;
(f) Adhere to the participant's responsibility plan;
(g) Comply with court orders; and
(h) Comply with other conditions of the contract for treatment services, such as chemical dependency treatment.
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(1) A treatment program must notify the following people when a participant satisfactorily completes treatment:
(a) The court having jurisdiction, if the participant has been court-mandated to attend treatment; and
(b) The victim, if feasible.
(2) The program must document in writing its efforts to contact the victim.
(3) The program may specify only that the perpetrator has completed treatment based on adequate compliance with the participant's contract with the treatment program and any court order.
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A treatment program must establish and implement written policies that include consequences if a perpetrator re-offends during treatment or does not comply with program requirements.
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(1) A treatment program must have guidelines for discharging participants who do not satisfactorily complete the program.
(a) Discharge decisions must be uniform and predictable.
(b) Discrimination may not occur against any participant.
(2) A program may terminate a participant from treatment prior to completion of the program if the participant has not complied with the requirements set forth in the participant's contract with the program.
(3) If a program discharges a participant who does not complete treatment, the treatment program must document in writing that the participant has not complied with:
(a) The participant's contract with the treatment program;
(b) A court order;
(c) A probation agreement; or
(d) Group rules.
(4) If a program chooses not to discharge a participant who has reoffended, committed other acts of violence or abuse, or has not complied with any of subsection (3)(a) through (d) of this section, the program must note the reoffense and/or noncompliance in the client's progress notes, reports to the court, and reports to the victim (if feasible).
(5) The program must state in the client's record the program's rationale for not terminating the participant, and state what corrective action was taken.
(6) The program must notify the above parties within three days of terminating the client.
(7) A program may discharge a participant if the treatment program cannot provide adequate treatment services to the participant because of the treatment program's current development.
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A treatment program must notify the following parties in writing when the program discharges a participant from the program because of failure to complete treatment:
(1) The court having jurisdiction, if the participant has been court-mandated to attend treatment;
(2) The participant's probation officer, if any; and
(3) The victim of the participant, if feasible.
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TREATMENT STAFF QUALIFICATIONS(1) All staff with direct treatment contact with participants must be:
(a) Registered as counselors or certified as mental health professionals as required under chapter 18.19 RCW; and
(b) Free of criminal convictions involving moral turpitude.
(2) Each staff person providing direct treatment services to a participant must have a bachelor's degree.
(a) The department will review requests for an exception to this requirement on a case-by-case basis.
(b) In order to qualify for an exception, the employee must possess year-for-year professional level experience equivalent to a bachelor's degree. The department determines this equivalency at the discretion of the DSHS program manager responsible for monitoring domestic violence perpetrator treatment programs.
(3) Prior to providing any direct treatment services to program participants, each direct treatment staff person must have completed:
(a) A minimum of thirty hours of training about domestic violence from an established domestic violence victim program; and
(b) A minimum of thirty hours of training from an established domestic violence perpetrator treatment services program.
(i) If located within Washington state, the domestic violence perpetrator treatment program must be certified and meet the standards as outlined in this chapter.
(ii) If located out-of-state, the domestic violence perpetrator treatment program must meet the standards outlined in this chapter as well as chapter 26.50 RCW.
(4) All employees must complete all sixty hours of required training before the employee may begin to provide any direct services to group participants. Any work experience accrued prior to completion of the sixty hours of training will not count toward any requirement for work experience.
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Reviser's note: The section above appears as filed by the agency pursuant to RCW 34.08.040; however, the reference to WAC 388-600-0315 is probably intended to be WAC
388-60-0315.
NEW SECTION
WAC 388-60-0325
Must a program notify the department when
new direct treatment staff are added?
(1) At the time that the program adds new direct treatment staff, the program must submit documentation to DSHS which proves that the staff meets the minimum qualifications for all treatment staff.
(2) Direct treatment staff may not provide services to perpetrators until the treatment staff's qualifications have been reviewed and approved by the DSHS program manager responsible for certification of domestic violence perpetrator treatment programs.
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A trainee is a direct treatment staff person who has not accrued at least two hundred fifty hours of experience providing services to domestic violence perpetrators and domestic violence victims.
(1) At least one hundred twenty-five hours of this requirement must have been provision of supervised, direct treatment services to domestic violence perpetrators.
(2) The remainder of this requirement must have been provision of domestic violence victim advocacy services.
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(1) A trainee may serve as a co-facilitator of groups, but may not have sole responsibility for the group at any time.
(2) A trainee may not have sole responsibility for conducting an intake or assessment, or for terminating a participant from treatment.
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Each treatment program must have at least one person providing supervision to paid and volunteer direct treatment staff.
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(1) In addition to possessing the basic qualifications required for all direct treatment staff, a program's supervisor must meet all of the following requirements:
(a) Have a minimum of three years of experience providing direct treatment services to perpetrators of domestic violence;
(b) Have a minimum of one year of experience providing victim advocacy services to domestic violence victims (this may be concurrent with (a) of this subsection);
(c) Have a minimum of one year of experience in facilitating domestic violence perpetrator treatment groups;
(d) Has completed at least five hundred hours of supervised direct treatment contact with both perpetrators and domestic violence victims;
(i) At least three hundred hours of this requirement must have been the provision of supervised, direct treatment services to domestic violence perpetrators.
(ii) The remainder of this requirement must have been the provision of domestic violence victim advocacy services.
(2) Each staff person providing supervision to direct treatment staff within a program must have a master's degree.
(a) The department's program manger will review requests for an exception to this requirement on a case-by-case basis.
(b) In order to qualify for an exception, the employee must possess year-for-year professional level experience equivalent to a master's degree. The department determines this equivalency at the discretion of the DSHS program manager responsible for monitoring domestic violence perpetrator treatment programs.
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A supervisor may be located either on or off-site unless direct treatment services are being provided only by employees who are considered trainees, as defined in these rules. If no other direct treatment staff besides the supervisor possesses at least two hundred fifty hours of experience providing direct treatment services to perpetrators, the supervisor must be present at all times that direct treatment services are being provided.
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A treatment program must develop and follow policies, procedures, and supervision schedules that provide adequate supervision for all treatment staff.
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(1) A treatment program must have an orientation for any new staff, whether the staff are paid or volunteer.
(2) The purpose of the orientation must be to provide the staff with the program's philosophy, organization, curriculum, policies, procedures, and goals.
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(1) All staff having direct treatment contact with participants must complete a minimum of twenty hours of continuing professional education each year after the program is certified, or each year after the staff person is added to the staff list. No more than five of those hours may be obtained by attending "in-house" training.
(2) Each staff person's continuing professional education must include four or more hours of training per year on issues of sexism, racism, and homophobia and their relationship to domestic violence.
(3) Continuing education training may be in the fields of alcohol/drug abuse, mental health, or other issues but all training must be related to the treatment of domestic violence perpetrators.
(4) The treatment staff may obtain continuing professional education through classes, seminars, workshops, video or audiotapes, or other self-study programs when approved in writing by the program supervisor. No more than five hours of video, audiotapes, or self-study program may be used toward the requirement of twenty hours of continuing education requirement. This includes correspondence courses.
(5) The staff must document all continuing education hours on DSHS approved forms.
(a) The form must be accompanied by completion certificates, course/workshop outline, and supervisor signature.
(b) The program must submit the form and documentation to the department at the time the program applies for re-certification.
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A treatment program must establish and maintain cooperative relationships with domestic violence victim services programs located in their community.
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A treatment program must show evidence of an understanding of the laws pertaining to domestic violence and the operation of the justice system. At a minimum, a program must be familiar with:
(1) State laws regulating the response to domestic violence by the criminal justice system;
(2) Relief available to victims of domestic violence offered by:
(a) Washington domestic violence law and civil protection orders;
(b) Criminal no-contact orders; and
(c) Civil restraining orders.
(3) Local law enforcement, prosecution, and court and probation policies regarding domestic violence cases.
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CERTIFICATION PROCESS(1) Any program wishing to provide treatment to perpetrators of domestic violence must request certification by completing an application available from the department. To request an application by mail, write to:
Domestic Violence Perpetrator Treatment Program
Department of Social and Health Services (DSHS)
Children's Administration
P.O. Box 45710
Olympia, Washington 98504-5710.
(2) The program must submit the application, application fee, and all documentation needed to prove that the program meets the requirements set forth in these standards.
(3) A program may not provide direct treatment services to domestic violence perpetrators without being certified by the department.
(4) If approved, the department grants certification for a two year period.
(5) The department considers each geographical location of a program an individual program, and must certify each program separately.
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(1) Application fee for either initial certification or re-certification of a domestic violence perpetrator treatment program is one hundred dollars.
(2) The department publishes the application fee for certification of domestic violence perpetrator treatment programs in the application packet.
(3) If there is any change in the fee, the update will be done in July of each year.
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The program's director must submit the following documentation with the program's application:
(1) A written statement signed by the director that the program complies with the standards contained in this chapter;
(2) Results of current criminal history background checks for all current direct treatment program staff;
(3) A statement for each current paid or volunteer staff person whether or not the staff person has ever been a party to any civil proceedings involving domestic violence;
(4) Proof that each direct treatment staff is registered as a counselor or certified as a mental health professional with the department of health;
(5) Evidence that the program maintains cooperative relationships with agencies providing services related to domestic violence.
(a) This evidence must include, at a minimum:
(i) Three items of evidence that they have established and continue to maintain cooperative relationships with local domestic violence victim programs and other local agencies involved with domestic violence intervention.
(ii) Documentation that they have established a referral process between their program and the local domestic violence victim services programs.
(iii) Proof that they participate in a local domestic violence task force, intervention committee or workgroup if one exists in their community.
(b) The program may also submit evidence of the following:
(i) Participation in public awareness activities sponsored by the local domestic violence victim services agency.
(ii) Service agreements between the local domestic violence victim services agency(ies) and the treatment program.
(iii) Letters of support for the program from other agencies or parties involved in domestic violence intervention.
(6) Evidence that the program maintains cooperative relationships with agencies involved in domestic violence intervention.
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(1) The department will review a certification application within thirty days after the application is received to decide if the domestic violence perpetrator program meets the program standards in this chapter.
(2) The department must notify the applicant whether or not the program meets these standards.
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If a program meets the standards in this chapter, the department will issue the program a certificate of compliance.
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(1) If a program does not meet the standards for certification or re-certification, the department will provide the program with:
(a) A copy of the standards;
(b) A written notice containing the reasons for the determination of noncompliance; and
(c) The program standards relied upon for making the decision.
(2) Treatment programs have the right to a hearing if the program is denied certification under this chapter (chapter 388-08 WAC).
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The department must maintain the following information:
(1) A current record of all certified domestic violence perpetrator programs.
(2) A current record of programs that:
(a) Are in the process of applying for certification;
(b) Have been denied certification;
(c) Have been notified that the department is revoking or suspending certification;
(d) Have had their certification revoked; and
(e) Are being investigated.
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RE-CERTIFICATIONEach program certified under this chapter must re-apply for certification every two years.
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In order to be re-certified, a program must submit a completed application packet to the department at least forty-five days prior to the expiration date of the previous certification period.
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The packet must include the following:
(1) A completed application form signed by the program director;
(2) Payment of the application fee;
(3) A listing of all direct treatment staff;
(4) A statement of qualifications for any staff added since last the certification period;
(5) Current criminal history background check results, and a statement regarding any involvement in civil proceedings involving domestic violence for each employee providing direct treatment services;
(6) An update of continuing professional education hours for each direct treatment staff;
(7) Evidence that the program maintains cooperative relationships with agencies providing services to domestic violence victims.
(a) This evidence must include, at a minimum:
(i) Three items of evidence that they have established and continue to maintain cooperative relationships with local domestic violence victim programs and other local agencies involved with domestic violence intervention.
(ii) Documentation that they have established a referral process between their program and the local domestic violence victim services programs.
(iii) Proof that they participate in a local domestic violence task force, intervention committee or workgroup if one exists in their community.
(b) The program may also submit evidence of the following:
(i) Participation in public awareness activities sponsored by the local domestic violence victim services agency.
(ii) Service agreements between the local domestic violence victim services agency(ies) and the treatment program.
(iii) Letters of support for the program from other agencies or parties involved in domestic violence intervention.
(8) Evidence that the program maintains cooperative relationships with agencies involved in domestic violence intervention; and
(9) All documentation needed to prove that the program continues to meet the standards for certification.
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The department will continue to certify a program, or will review its certification, if:
(1) The department determines, based on the completed application, that the program continues to meet the standards and qualifications as outlined in this chapter; and
(2) The department determines that any complaint investigations from the previous certification period have been satisfactorily resolved.
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If the department denies certification or re-certification, the domestic violence perpetrator treatment program has a right to an administrative hearing under chapter 388-08 WAC.
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ADVISORY COMMITTEEThe department will establish and appoint a volunteer group to serve as the Washington domestic violence perpetrator treatment program standards advisory committee.
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The role of the advisory committee is to:
(1) Advise the department regarding recommended changes to the program standards, and
(2) Provide technical assistance on program standards, implementation and certification and re-certification criteria.
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The advisory committee must include the following members:
(1) Four persons representing the perspective of victims of domestic violence. They will be chosen with input from the Washington State Coalition Against Domestic Violence (WSCADV);
(2) Four persons representing the perspective of state-certified domestic violence perpetrator treatment programs. They will be chosen with input from the Washington Association of Domestic Violence Intervention Professionals (WADVIP);
(3) Four persons representing the perspective of adult misdemeanant probation and Washington state courts of limited jurisdiction. They will be chosen with input from the Misdemeanant Corrections Association and the Washington State District and Municipal Court Judges Association;
(4) One person representing the department of corrections; and
(5) One person representing the office of the administrator for the courts.
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Advisory committee members are appointed for two-year terms.
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The department may replace committee members if the member misses two consecutive committee meetings.
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(1) If funds are available, the department will reimburse advisory committee members for travel and meal expenses related to service on the committee.
(2) Advisory committee members may not receive any other compensation for service on the committee.
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COMPLAINTS AND THE INVESTIGATION OF COMPLAINTSDSHS investigates complaints regarding domestic violence perpetrator treatment programs.
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Any person may submit a written complaint to DSHS if the person has the following concerns about a certified program:
(1) The program has acted in a way that places victims at risk; or
(2) The program has failed to follow standards in this chapter.
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Once it receives a complaint about a certified program, the department will:
(1) Determine that the complaint includes sufficient information to be deemed valid;
(2) Notify the program within fourteen days of the complaint being determined valid that the department has received a complaint about the program; and
(3) Notify the program that an investigation has been initiated.
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DSHS may begin an investigation of a domestic violence perpetrator treatment program without a written complaint if the department believes that the program:
(1) Has placed victims at risk; or
(2) Failed to follow the standards outlined in this chapter.
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The investigation of a complaint against a domestic violence perpetrator treatment program may include:
(1) Contact with:
(a) The person making the complaint;
(b) Other persons involved in the complaint; or
(c) The treatment program.
(2) A request for written documentation of evidence; and/or
(3) An on-site visit to the program to interview program staff.
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The department must complete its investigation within forty-five days of beginning the investigation, unless circumstances warrant a longer period of time.
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RESULTS OF INVESTIGATIONS(1) The department will prepare written results of the complaint investigation.
(2) If the department decides that the treatment program behaved in a way that placed victims at risk or failed to meet the standards outlined in this chapter, the written results must include a decision regarding the status of the program's certification.
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If the department determines that a complaint against a domestic violence perpetrator treatment program is founded, the department may:
(1) Revoke the treatment program's certification;
(2) Suspend the treatment program's certification; or
(3) Send a written warning to the treatment program.
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DSHS must send the written results of its investigation to the program by certified mail, return receipt requested, within twenty days after completing the investigation.
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(1) If DSHS revokes a program's certification, the department must provide the program with:
(a) The specific reasons for the revocation;
(b) The WAC standards the revocation is based on; and
(c) The effective date of the revocation.
(2) If DSHS suspends a treatment program's certification, DSHS must provide the treatment program with:
(a) The specific reasons for the corrective action;
(b) The WAC standards that the suspension is based on;
(c) The effective date of the suspension;
(d) Any remedial steps which the program must complete to the satisfaction of the department before the department will reinstate the program's certification and lift the suspension; and
(e) The deadline for completion of any remedial steps.
(3) If DSHS issues a written warning to a program, DSHS must provide the treatment program with:
(a) The specific reasons for the written warning;
(b) The WAC standards that the written warning is based on; and
(c) Any remedial steps which the program must complete to the satisfaction of the department.
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If the treatment program refuses or fails to remedy the problems outlined in the written warning, DSHS may revoke or suspend the certification of the program.
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(1) When DSHS revokes or suspends a program's certification, issues a written warning, or imposes corrective action, the department will notify the program director in writing of the program's right to request a hearing.
(2) The program director may request an administrative hearing from the office of administrative hearings pursuant to chapter 388-08 WAC.
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NOTIFICATION OF RESULTS OF AN INVESTIGATIONDSHS will mail a copy of the written results of the investigation to the person who made the complaint against the domestic violence perpetrator treatment program.
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If DSHS revokes or suspends a program's certification, the program must:
(1) Take immediate steps to notify and refer current clients to other certified domestic violence perpetrator treatment programs;
Note: This must be done prior to the effective date of revocation or suspension.
(2) Cease accepting perpetrators of domestic violence into its treatment program;
(3) Notify victims, current partners of the participants, and any relevant agencies about the client referral; and
(4) Notify, in writing, the presiding judge and chief probation officer of each judicial district from which the treatment program receives court referrals.
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If a program also holds a license or certification from the state of Washington for other treatment modalities, DSHS may notify the appropriate licensing or certifying authority that the program's certification has been suspended or revoked.
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The following sections of the Washington Administrative Code are repealed:
| WAC 388-60-005 | Scope. |
| WAC 388-60-120 | Treatment focus. |
| WAC 388-60-130 | Treatment modality. |
| WAC 388-60-140 | Program policies and procedures. |
| WAC 388-60-150 | Treatment staff qualifications. |
| WAC 388-60-160 | Orientation and continuing professional education requirements. |
| WAC 388-60-170 | Cooperation with domestic violence victim programs. |
| WAC 388-60-180 | Knowledge of law and justice system practices. |
| WAC 388-60-190 | Program certification process. |
| WAC 388-60-200 | Certification maintenance. |
| WAC 388-60-210 | Advisory committee. |
| WAC 388-60-220 | Complaint. |
| WAC 388-60-230 | Investigation. |
| WAC 388-60-240 | Results of investigation. |
| WAC 388-60-250 | Notification of results. |
| WAC 388-60-260 | Appeal. |