22 AAC 25.030. Program services

(a) In the delivery of services, an approved program

(1) must:

(A) establish and implement a gender-specific written curriculum that incorporates the requirements set out in this chapter;

(B) require a program participant to attend and participate in a minimum of 24 weeks of weekly gender-specific group counseling sessions;

(C) make a written intake assessment and a written service plan for each program participant that contains a profile of the participant's current and past domestic violence, screening for substance abuse and mental health indicators, descriptions of past and current behavior, lethality assessment, safety checks, and a strategy for case management of the participant;

(D) require the program participant to enter into a written contract and sign releases of information as described in (b) and (c) of this section;

(E) require the program participant to complete homework assignments;

(F) use confrontation as an educational tool;

(G) conduct regular, formal case reviews of the progress of program participants and maintain written records of the participants' attendance, payment of fees assessed by the program, group participation, updated lethality assessments, and regularly conducted safety check information;

(H) establish a mechanism to ensure that

(i) regular victim safety checks are made;

(ii) victim safety checks are reviewed; and

(iii) victims are referred to a local victim advocacy agency;

(I) coordinate services provided under the approved program with those provided by substance abuse and mental health service providers serving the community;

(J) require all staff to report any known or suspected child abuse or neglect to the division of family and youth services in the Department of Health and Social Services as required by AS 47.17.020 ;

(K) require all staff who have reasonable cause to believe that a vulnerable adult has suffered harm to report the harm of the Department of Administration as required by AS 47.24.010 ;

(L) develop and implement written discharge criteria as required by (e) of this section;

(M) develop and implement a standardized record-keeping system for program participants, including a procedure for the periodic review of program participants' records, the protection of information that is confidential by law, and the closure and storage of files;

(N) monitor program participants' recidivism; and

(O) evaluate the program as required by 22 AAC 25.040;

(2) may not suggest, encourage, or facilitate a program participant's participation in counseling in which both the program participant and the participant's victim are present.

(b) An approved program shall develop a contract to be signed by the program participant, that includes at least the following:

(1) a description of the confidentiality requirements and releases of information signed by the program participant, including notification of the limitations of confidentiality set out in 22 AAC 25.030(c) (1) and (2);

(2) the program participant's agreement to remain free of violence;

(3) the program participant's agreement to

(A) advise the program of all biological and adoptive children;

(B) provide the program with a copy of any court or administrative order that requires the program participant to pay child support;

(C) comply with the requirements of AS 25.27.265 (b), if applicable, and comply with requests for information or cooperation from any child support enforcement agency enforcing a court or administrative order that requires the program participant to pay child support;

(D) provide documentation of child support payments if ordered to pay directly to the custodian of the child; and

(E) sign a release of information to allow the program to obtain the program participant's payment record if ordered to pay through a child support enforcement agency;

(4) the program participant's agreement to pay all fees assessed under (d) of this section fees and court ordered costs related to domestic violence incidents, and to comply with child support and court orders;

(5) the program participant's agreement to comply with the program's standards and requirements, including substance abuse and mental health treatment, if a referral is made;

(6) the program participant's agreement to disclose to the program any violations of the contract with the program throughout the duration of participation in the program;

(7) the program participant's agreement not to participate, while in the program, in any kind of counseling directly involving both the participant and the participant's victim; and

(8) the program participant's understanding of the compliance requirements of the program, and the actions that the program will take in the event of the participant's non-compliance.

(1) immediately disclose the following information to the program participant's victim, the program participant's current domestic partner, the sentencing court, the program participant's probation or parole officer, a local law enforcement agency, the local victim advocacy agency and the prosecutor:

(A) threatened or actual destruction of property by the program participant;

(B) threats to violate, attempts to violate or actual violation of child custody or child visitation orders by the program participant; and

(C) threats of physical harm or actual physical harm to any person or pet by the program participant; information listed under this subparagraph must also be disclosed to the person who is the intended victim of the program participant's threats;

(2) release the following information to the program participant's victim, the program participant's current domestic partner, the sentencing court, the program participant's probation or parole officer, a local law enforcement agency, and the prosecutor:

(A) the program participant's attendance records in the program;

(B) the program participant's compliance with or termination from the program; and

(3) provide to the program participant's victim and current domestic partner

(A) the merits and limitations of the program;

(B) information on domestic violence and options for victims; and

(d) An approved program shall require a payment of fees for services of the program. The fees may be determined on a sliding scale based on a program participant's ability to pay, and may include community work service in lieu of monetary fees. Failure to pay these fees shall be treated as a failure to comply with program requirements.

(e) An approved program must develop written discharge criteria for

(1) termination from the program when a program participant fails to comply with program requirements; and

(2) compliance with the program, based upon at least the following:

(A) no incidents of physical or sexual violence by the program participant for at least six months;

(B) compliance by the program participant with attendance requirements, which may permit no more than two unexcused absences from program activities;

(D) compliance by the program participant with all the conditions and provisions of the contract entered into under (b) of this section; and

(E) payment by the program participant of all applicable fees under (d) of this section.

History: Eff. 11/13/98, Register 148; am 11/29/98, Register 148

Authority: AS 44.28.020

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