Massachusetts guidelines and standards for the certification of batterers' treatment programs

32 Pages·1995·1.6 MB·English

by  Commission for the Certification of Batterers' Treatment Programs

Massachusetts Guidelines
and
Standards for the
Certification ofBatterer
Programs
Intervention
The Commonwealth ofMassachusetts
Executive Office ofHealth and Human Services
Department ofPublic Health
MA
250 Washington Street, Boston, 02108-4619
Digitized by the Internet Archive
2014
in
https://archive.org/details/massachusettsguiOOcomm_0
The Commonwealth of Massachusetts
Executive Office of Health and Human Services
Department of Public Health
MA
250 Washington Street, Boston, 02108-4619
ARGEOPAULCELLUCCI
Governor
JANESWIFT
LieutenantGovernor
WILLIAMD.O'LEARY
Secretary
HOWARDK.KOH, MD, MPH
Commissioner
September 1999
Dear Colleagues,
I am pleased to provide you with the Massachusetts Guidelines and Standards for the
Certification ofBatterer Intervention Programs.
In 1991, the Massachusetts Legislature mandated the ChiefJustice for Administration and
Management to establish a commission to create basic standards for batterer intervention
programs which accept court referrals. The commission was composed ofrepresentatives
from thejudiciary and probation, as well as prosecutors and recognized experts in the field
ofdomestic violence. Initially disseminated in 1991, the Guidelines were revised in 1995.
By statute, batterer intervention programs are certified and monitored by the Massachusetts
Department ofPublic Health.
Any and all future revisions ofthe Guidelines will be sent to you as an add-in page and will
supersede prior versions ofthe Guidelines.
Best wishes in your continued efforts to keep victims ofdomestic violence safe.
Sincerely,
Howard K. Koh, MD, MPH
Commissioner, Massachusetts Department ofPublic Health

Massachusetts Guidelines
and Standardsfor the
Certification ofBatterer
Programs
Intervention
The Commonwealth ofMassachusetts
Executive Office ofHealth and Human Services
Department ofPublic Health
March, 1995
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Table of Contents
Introduction 1
Background
1
Purpose
1
Section 1.0: Program Certification 2
Requirements for Certification 2
Program Distribution 3
Application for Certification 3
Application for Renewal ofCertification 4
Non-Transferability ofCertification 4
Change ofName, Ownership or Location 4
Section 2.0: Definition ofDomestic Violence 4
Abuse Is a Pattern ofCoercive Control Directed Toward the Victim 4
Section 3.0: Intake and Evaluation 5
Intake 5
Evaluation Process 7
Section 4.0: Intervention Methodology 9
Specialized Groups 9
Educational Component 9
Participation 10
Individualized Intervention 10
Couples Counseling 10
Inappropriate Methods 10
Section 5.0: Discharge Criteria 11
Criteria for Program Completion 11
Program Responsibilities Upon Completion 12
Unsuccessful Program Completion 12
Program Responsibilities Upon Termination ofPerpetrator Prior to Completion 13
Section 6.0: Program Staffing 13
StaffEducational Standards 14
Section 7.0: Administration and Fee Structure 15
Intervention Program 15
Fee Structure 16
Section 8.0: Program Monitoring and Assessment 17
Section 9.0: Site Visits and Inspections 18
Notice ofDeficiency 18
Plan ofCorrection 18
Section 10.0: Denial, Refusal to Renew, Revocation and
Limitation of Certification 19
Definitions 19
Grounds for Denial, Refusal to Renew or Revocation ofCertification 19
Limitations ofAdmissions 20
Procedure for Denial, Revocation or Refusal to Renew Certification 21
Notification and Referral ofClients 21
Notification ofthe Courts 22
Section 11.0: Voluntary Closure 22
Section 12.0: Amendments 22
Massachusetts GuidelinesandStandardsforthe Certification ofBattererIntervention Programs
INTRODUCTION
Background
The enactment ofSt. 1990, c.403, provided significant amendments to G.L. C.209A,
the "Abuse Prevention Act." Effective January 31, 1991, the amendments extended
the provisions ofthe law by expanding the definition offamily and household
members to include all blood relatives, in-laws, or step-children, as well as to those
engaged in substantive dating relationships. In order to end the cycles ofrecurring
domestic violence, new statutory provisions (Section 3 ofG.L. C.209A) permit a
judge issuing a C.209A order to "recommend to the defendant that the defendant
attend a recognized batterers' treatment program." For the purposes ofthis document
a recognized program is a program certified by the Department ofPublic Health and
assigned to a particular court. Under Section 3,justices ofthe District Court, Boston
Municipal Court, Probate & Family Court, and the Superior Court Departments may
make a recommendation for intervention. Furthermore, Section 7 permits a
sentencingjudge in those courts noted above under Section 3 with criminal
&
jurisdiction (all except Probate Family Court), "in addition to any other penalty" to
require a defendant with no prior record ofviolent crime to attend a batterer
intervention program certified by the Department ofPublic Health, after an
evaluation by such a program.
Pursuant to the requirement that such programs to which court referrals are made be
certified, Section 16 ofthe statute set up a commission, established by Chief
Administrative Justice Arthur M. Mason, to develop "guidelines and standards for
the certification ofbatterers' treatment programs by the Department ofPublic
Health." Chaired by District Court Department Justice Austin T. Philbin, the
commission developed the initial set ofguidelines and standards in the spring of
1991. The language ofthe statute required that the commission's work be completed
by July 31, 1991, and the Department ofPublic Health thereafter utilize the standards
to certify and monitor batterer intervention programs.
In 1995, based on three years ofexperience with implementation ofthe guidelines,
the Department revised the guidelines after extensive input from providers and
interested members ofthe public and private sectors working on domestic violence
issues.
Purpose
The purpose ofthe Massachusetts Guidelines and Standards for Certification of
Batterer Intervention Programs (hereinafter "the Guidelines") is to set minimum
standards by which intervention programs for court referred batterers will operate
and be evaluated by the Department ofPublic Health (hereinafter "the Department"
or "DPH").
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Massachusetts GuidelinesandStandardsforthe Certification ofBattererIntervention Programs
PROGRAM CERTIFICATION
1.0
Pursuant to St. 1990, c.403 §16, "the department ofpublic health shall certify and
monitor batterers' treatment programs according to the standards established and
promulgated by the Commission."
A. Once a defendant is ordered to attend a batterer intervention program by the court,
only intervention programs that hold a valid certification granted by the Department
shall be appropriate for court referrals.
B. The Department shall certify batterer intervention programs that meet the
requirements ofthe Guidelines for a period not to exceed two (2) years.
1.1 Requirements for Certification
An applicant is qualified to operate a batterer intervention program ifthe program:
A. Is incorporated as a corporation in the Commonwealth ofMassachusetts;
B. Has demonstrated that the program meets all requirements ofthe Guidelines;
C. Has demonstrated to the satisfaction ofthe Department that the program is
responsible and suitable to operate a batterer's intervention program in compliance
with the Guidelines. In determining whether an applicant is responsible and suitable,
the Department shall consider all relevant information including, but not limited to,
the following:
(1) The program's history ofcompliance in Massachusetts. Assessment ofthis
factor shall include the ability and willingness ofthe program to take
corrective action when notified by the Department ofany violations.
(2) The program's history ofcompliance in otherjurisdictions, including
proceedings in which the program was involved, which proposed or led to a
limitation upon, or a suspension, revocation, or refusal to grant or renew
certification.
(3) The history ofcriminal conduct ofthe applicant, the administrators, officers
or directors as evidenced by criminal proceedings against those individuals
which resulted in convictions, or guilty pleas, or pleas of nolo contendere, or
admission ofsufficient facts.
D. Has demonstrated that the program meets the geographic distribution requirements
set forth in Section 1.2;
E. Has demonstrated that the program is in compliance with all applicable state and
federal laws, including but not limited to Title III ofthe Americans with Disabilities
Act.
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