INTRODUCTION DOMESTIC VIOLENCE ACCOUNTABILITY PROGRAM (DVAP) 16-Week Program Guidelines Adopted February 16, 2016 Domestic Violence Accountability Programs (formerly known as CAP, Conflict Accountability Programs) are 16-weeks in length and intended to intervene in intimate partner abuse/violence in which cases may not meet the full criteria for participation in the 52-week programs. The intent of the program is to assist participants in ending disrespectful, intimidating, abusive and/or violent behaviors toward intimate partners or formerly intimate partners. Of primary concern is safety to the victims. Referrals may be made by Criminal, Family, Juvenile Dependency and Probate Courts. DVAP referrals are considered to be intimate partner abuse, and DVAP Guidelines are therefore based upon the standards set for the 52-week certified programs. Program structure and parameters are designed for effectiveness of intervention as well as safeguards for participants and victims. PHILOSOPHY DVAP programs recognize intimate partner abuse is a series or pattern of behaviors intended to exert control over one s partner or former partner, and is rooted in problematic beliefs. While the role of emotion/feelings in behavioral choices may be reviewed, DVAP is not a course in anger management. The emphasis of DVAP is upon personal accountability for one s own behavioral choices, and the development of non-controlling beliefs and behaviors that promote respectful intimate partner relationships. PROGRAM CONTENT 1. Course content will address a spectrum of behaviors considered to be forms of intimate partner abuse, including: intimidation, isolation; emotional abuse; economic abuse; role privilege; coercion and threat; minimization, denial and blame; using children; and physical and sexual violence. Programs shall not be strictly didactic. Rather they are psycho-educational in focus. 2. Programs shall utilize various interactive activities to assist participants in acknowledging their problematic behavioral patterns; in becoming responsible and accountable for the impact they have had upon their victims, children and others; in identifying the underlying problematic beliefs contributing to their abusive behavior; and to aid in the development of new behaviors and beliefs that support respectful relationships. 3. Program content shall emphasize that anger and other emotions are not at the root of battering. Abuse is not the result of a loss of emotional control and is not necessarily accompanied by anger. 4. Theories or methods which in any way bring the victim into the circle of responsibility for the batterer s behavior or diminish the batterer s responsibility for the violence are inappropriate. Page 1 of 7
STRUCTURE 1. Program shall be in compliance with professional standards, including laws and ethical standards. 2. One identified representative from each program must consistently participate in the Batterer s Intervention Program Providers Committee of the Santa Clara County Domestic Violence Council for 8 of the 9 yearly meetings. 3. Program shall conduct in-person assessment interviews to evaluate participant suitability to the program. Programs shall not interview and enroll participants over the phone or via the internet (see Record Keeping for content of assessment). 4. Proof of enrollment shall be provided to participants in the form of the Enrollment Report (obtained via participation in BIC) and a copy of the program contract. 5. Prior to beginning the program, participants shall be provided a written contract that specifies the requirements of the particular program, including payment of fees, policy on absences and tardiness, program rules and expectations, and grounds for termination. 6. In effort to ensure consistency in evaluation of participation and progress of participants, as well as standardization amongst programs, agencies must use the most recent Progress Report template and Enrollment Report forms as required by the 52-week Certified Batterer Intervention Programs with modified headings to indicate 16 Week Domestic Violence Accountability Program. 7. Programs shall immediately notify the Court of any program enrollment and completion using the standardized Enrollment Report Form and the Progress Report forms. In the event of refused enrollment, termination from the program, or problematic behavior during attendance that may result in termination or extending program sessions, the programs shall immediately notify the Court and the Office of the District Attorney. 8. Program shall not accept voluntary clients or defendants who are in the pre-trial stage of court proceedings, as program enrollment by such individuals is viewed as attempted manipulation of the judicial system. 9. Programs may not be completed on-line. 10. Program groups shall be gender specific. 11. Groups shall have a minimum of 4 participants and a maximum of 12 to optimize the psychoeducational focus upon accountability, and to assess for acceptable progress and possible concerns. Group size may be increased up to 16 only if co-facilitated by two qualified staff. At no time shall a group exceed 16 participants. 12. Groups meet for two hours of uninterrupted class time, one time per week for 16 consecutive weeks. Participants may not attend multiple classes each week. Page 2 of 7
13. Participants may have up to two absences in the program. Absences must be made up so that the total number of sessions completed is 16. More than two absences results in termination. Make up sessions cannot be completed within the same week as a regularly scheduled session. 14. Program shall not conduct couples counseling, family counseling or both while the defendant is attending the program. Victims shall not be compelled to participate in a program or counseling and no program may condition a defendant's enrollment on participation by the victim. The program shall not require or encourage psychological tests for domestic violence victims and/or their children nor have partners to participate in any way in any intervention program. 15. The program shall not discriminate against any batterer based on race, gender, class, age, physical disability, religion, educational attainment, ethnicity, national origin, or sexual orientation. CAUSE OF ABUSE 1. Program shall emphasize that abuse is a willful decision to harm and based upon problematic beliefs. 2. Program will educate that substance abuse is not the cause of violence rather an indication of potentially increased risk of injury to victim. 3. Childhood abuse can be explored as a factor in the development of problematic beliefs, but not promoted as the primary cause of abuse, and cannot be used to excuse or condone the use of violence. 4. Program shall not promote the erroneous concept of inter-generational inevitability of violence, but will not deny the significance and pain of childhood experiences of violence. INAPPROPRIATE METHODS OF INTERVENTION: The following methods are determined to be inadequate and/or inappropriate, and shall not be the focus of intervention: 1. Psycho-dynamic, individual or group therapy. 2. Communication enhancement, anger or stress management techniques which lay primary focus on anger. 3. Systems theory approaches which treat the violence as a mutually circular process, blaming the victim. 4. Addiction counseling models which identify the violence as an addiction and the victims as enabling or codependent to the violent dynamic. 5. Family therapy or counseling which places the responsibility for adult behavior on the children. 6. Gradual containment and de-escalation of violence. Page 3 of 7
7. Theories or techniques which identify poor impulse control as the primary cause of the violence. 8. Methods which identify psychopathology on either parties part as a primary cause of violence. 9. Fair fighting techniques or getting in touch with emotions. 10. Punching pillows, batakas, and other "ventilation devices" shall not be used as suggested methods for reducing stress or anger since these devices actually condone the violent expression of emotions. RECORD KEEPING Participant files shall contain the following legibly written, signed and dated information: 1. Photo Identification: valid driver s license, valid identification card, or valid passport. 2. Participant s residence, phone numbers and place of employment. 3. Address and phone number of the batterer's nearest relative / emergency contact. 4. Verification of court referral, complete police report/s, court orders, civil and criminal protective orders and restraining orders. 5. Financial assessment and monthly payment schedule. 6. Intake assessment documents, including violence risk assessments. 7. All documents received by and signed by the batterer including: A. Contract for participation which addresses attendance requirements, absence policy, and reporting requirements of the program, verification of receipt of program rules. B. Waiver of confidentiality allowing contact with the victim and referring agency. C. Group confidentiality agreement. 8. Violence risk assessment which includes: A. History of ideation and/or threats of homicide and/or suicide. B. History of episodes of rage. C. History of depression. D. Possession of, access to, or a history of use of weapons. E. Degree of obsession with and dependency on his/her partner/victim. F. Access to the victim. G. History of drug and/or alcohol use. H. Criminal history. I. History of abuse as a child and/or exposure to domestic violence. J. Substance abuse history and current use. K. Medical health history and status. L. Mental health status and history M. Previous batterer s program or anger management attendance. N. Social, economic and family background. O. Educational and vocational achievements. P. Literacy and learning disabilities. Page 4 of 7
9. Enrollment, progress, and completion/termination reports. 10. Weekly progress notes. 11. Information received of violations of restraining orders. 12. Threats, acts of intimidation, assaults or other possible criminal offenses while in program. 13. Compliance with or violations of terms of the program contract. 14. Exit interview documentation. 15. Participant records shall be retained for a minimum of 5 years from the date of completion, termination or transfer. PROGRAM FEES: DVAP programs shall: 1. Develop and utilize a sliding fee scale that recognizes both the participant s ability to pay and the necessity of programs to meet overhead expenses. 2. Require the participants to provide proof of income as documented by pay stubs, tax returns and/or other income records to determine the fees after completing a financial assessment and using a sliding fee scale. Fees shall not be determined or set over the phone. 3. Fees shall be paid as specified in the program contract. 4. No program shall accept or negotiate work/services in lieu of payment of program fees. 5. Programs must provide weekly receipts for all payments; receipts should reflect amount of payment, date and purpose. STAFF QUALIFICATIONS The following education and qualification requirements shall be met in order to conduct a DVAP program. 1. All program facilitators and administrators must complete a Live Scan background check. 2. Program facilitators shall be violence free for a minimum of five years prior to facilitation of group sessions and remain violence free as a facilitator. Programs shall not employ as facilitators any person who is on probation or parole. 3. Program facilitators shall have specific knowledge regarding, but not limited to, partner abuse, child abuse, sexual abuse, substance abuse, and the dynamics of violence and abuse. 4. Program facilitators shall understand applicable criminal statutes and policies and procedures of local law enforcement, prosecution, courts, probation, and parole. 5. Program facilitators shall be familiar with the relief available to victims of domestic violence afforded by the Domestic Violence Protection Act and criminal protective orders. Page 5 of 7
6. Program facilitators must be able to articulate an analysis of domestic violence as relates to gender roles, socialization, the nature of violence, the dynamics of power and control, and the effects of abuse on children and others. 7. Program facilitators must demonstrate an understanding of physical violence as just one of the many tools used by abusers to subordinate and control their intimate partners. 8. Program facilitators must demonstrate empathy with domestic violence victims. 9. Program facilitators shall demonstrate knowledge and sensitivity to issues of socioeconomic class. An unstated expectation that a more educated, higher income, more articulate participant is a better candidate for change creates a hierarchy of participants based upon class and undermines the goal of ending domestic violence. 10. Program facilitators must demonstrate knowledge and sensitivity to issues of racism and ethnocentrism, heterosexism and homophobia, and be skilled in confronting the issues in the group setting. TRAINING AND EXPERIENCE 1. Programs shall be overseen by a licensed mental health professional with the training and experience as noted below. Supervisors shall be available to staff for consultation and direction as needed. 2. All DVAP facilitators must complete of a minimum of 40 hours of initial training that includes facilitation of batterer intervention groups, gender analysis of domestic violence, gender role socialization as related to domestic violence, current domestic violence law, diversity issues and unlearning oppressions, and experiences of victims of domestic violence and victim advocacy. Thereafter, 16 hours of continuing education specific to intimate partner abuse and intervention is required annually. Facilitators must also be knowledgeable victim dynamics, child abuse, sexual abuse; the dynamics of conflict, violence and abuse; substance abuse; cultural issues, racism and sexism; and the justice system. 3. Upon request, programs shall forward to the Batterer s Intervention Committee the documentation verifying the training and qualifications of program facilitators and supervisors as noted above. REPORTING REQUIREMENTS 1. Participation in DVAP s requires attendees sign consent allowing for the exchange of information with the court, the identified victim, and the current partner. 2. Upon completion or termination from the program the provider must forward to the court a written narrative using the most current county approved progress report that specifies the number of sessions completed, absences accumulated, and make up sessions attended; along with the participant s level of accountability for the referring offenses and history of abuse, respect for boundaries, level of participation, demonstrated commitment to constructive personal change, empathy for the victim experience, understanding of impact upon the victim, children and others, demonstrated constructive change in beliefs, and ability to generate and implement non-controlling and respectful alternatives to abuse. Page 6 of 7
3. The completion or termination report will provide recommendations for any additional interventions deemed appropriate. 4. Reports shall also provide an assessment of the level of risk and safety to the victim and others. 5. Facilitators are obligated to comply with the Tarasoff ruling and all other requirements of mandated reporters. 6. Every effort should be made to provide the identified victims with information regarding the DVAP and community resources. 7. Victims have the right to be informed of participant progress, completion, or termination. 8. Any information obtained from the victim by a program must be held in confidence. Release of that information can only be made with the written consent of the victim or as required by law. Page 7 of 7