1. Domestic Violence as defined by North Carolina State Statutes

• NC 50B-1 Definition: The commission of one or more of the following acts upon an aggrieved party or upon a minor child residing with or in the custody of the aggrieved party by a person with whom the aggrieved party has or has had a personal relationship, but does not include acts of self defense: (1) attempting to cause bodily injury, or intentionally causing bodily injury; or (2) placing the aggrieved party or a member of the aggrieved party’s family or household in fear of imminent serious bodily injury; or (3) committing any act defined in G.S. 14-27.2 through G.S. 14-27.7.For the purpose of this section, the term "personal relationship" means a relationship wherein the parties involved: (1) are current or former spouses; (2) are persons of opposite sex who live together or have lived together; (3) are related as parents and children, including others acting in loco parentis to a minor child, or as grandparents and grandchildren. For purposes of this subdivision, an aggrieved party may not obtain an order of protection against a child or grandchild under the age of 16; (4) have a child in common; (5) are current or former household members; (6) are persons of the opposite sex who are in a dating relationship or have been in a dating relationship. For purposes of this subdivision, a dating relationship is one wherein the parties are romantically involved over time and on a continuous basis during the course of the relationship. A casual acquaintance or ordinary fraternization between persons in a business or social context is not a dating relationship.

2. Hold batterers accountable

• Model accountability using the Power and Control Wheel.

3. Recognize program limitations

• As with all methods of therapeutic intervention, programs should stress that they cannot guarantee that the abuser will stop being violent;

• The purpose of intervention is not to salvage the relationship, but to keep victims safe.

4. Focus on the effects of violence in the home as it relates to the children in the home.

1. Victim safety

• The creation of a Memorandum of Agreement (MOA) between the abuser’s treatment program and the victim’s service provider, detailing the roles and responsibilities of each;

• Lethality assessment; and

• Making the victim aware of all available resources.

2. Domestic Violence Task Force (DV Task Force)/Coordinated Community Response (for the purpose of these guidelines, these terms have the same meaning).

• Conduct regular meetings. It is suggested that the team include the following, however, the community itself may dictate other members or the exclusion of some of the suggested list: (1) DV Service Providers; (2) Abuser Treatment Program Staff; (3) Criminal Justice Professionals, such as, Judges, District Attorneys, Law Enforcement, Probation and Parole, Magistrate, Clerk, Pre-Trial Release; (4) Department of Social Services (DSS); (5) Mental Health; (6) Medical Community; (7) Clergy/Faith Community; and (8) Schools.

• Heighten the awareness of the prevalence of domestic violence in the local community and the effects domestic violence has on the community.

1. Victim Confidentiality

• All abuser treatment programs shall keep all information provided by the victim confidential unless the victim gives written permission for the program to release the information. All information received from the victim shall be kept in separate files from the participant’s files. If the victim tells the abuser treatment program that the participant has committed a new offense, the treatment program shall encourage the victim to contact: (1) appropriate law enforcement; and (2) the local domestic violence program or other support services.

2. Duty to warn the victim of threat of violence

• The abuser treatment program, along with the DV service provider, will establish policy and procedure in regards to informing the victim of threats of violence.

• Provide the victim with updates on the abuser’s enrollment in the treatment program to include start date, end date and discharge date.

• Participant Confidentiality: All abuser treatment programs shall establish and comply with written policies and procedures regarding participant confidentiality and provide notice of the policies and procedures to all who provide direct services and those with access to participant records. Except as noted below, program staff shall not disclose, without the participant’s consent, any confidential communications made by a participant to the program staff during the course of the program.

• Exceptions to Participant Confidentiality: All participant information shall be kept strictly confidential except under the following conditions: (1) When a participant makes an overt or covert threat to harm self or others, there is a duty to warn the potential victim and law enforcement personnel; (2) If the participant is suspected of child abuse or neglect, program staff shall report such abuse or neglect to the director of social services in the county where the juvenile resides pursuant to G.S.7B-301; (3) If a participant has been mandated to an abuser treatment program by a judge, appropriate staff shall release information about acceptance to, attendance, compliance with program rules and guidelines, behavior in group, and current abuse or threats of abuse to an officer of the court, a probation officer, a judge or other referring agency; (4) The person identified as the victim of abuse shall be notified of the participant’s acceptance or rejection for enrollment in the abuser treatment program for the dual purposes of ensuring the safety of the victim and providing information about the program; and (5) The program shall be permitted to disclose information about a participant under court order when the participant or his or her heirs, executors or administrators file a suit or complaint against the abuser treatment program that arises out of or is connected with the services rendered or denied to such participant by the program. It is recommended that the abuser treatment program obtain professional liability insurance.

• Waiver of Confidentiality: Information may be shared according to the terms of Waivers of Confidentiality that may be signed by the participant in the course of the program.

• Group Confidentiality: All abuser treatment program counseling and educational groups are confidential and closed to those other than participants, program staff, and monitors. Sometimes the participation of other professionals is necessary for the functioning of program services. Those providing services to the deaf, offering language translation and interpretation, or bringing information critical to the curriculum to the group may attend at the staff’s discretion. Other people who wish to visit, including newspaper reporters, grant-makers, and the participant’s family and friends may attend only when the participants unanimously agree to a visit, and upon a written warning by staff that the program shall not be responsible for any breach of confidentiality. Program staff shall advise visitors and participants of the confidentiality policy and require visitors to execute an agreement not to disclose identity of participants or participant-specific information except as they receive written permission to do so.

• Separate Records: The abuser treatment program shall maintain separate locked files for participants and victims. There shall be no commingling of confidential information in victim and participant records.

1. Ethics

• Program staff should be violence free in their personal lives as follows: Violence free a minimum of three (3) years and has successfully completed a certified abuser treatment program.

• Establish a drug free workplace and inform all staff of the written policy and procedures.

• Establish a non-discrimination policy and inform all staff of the written policy and procedures.

2. Qualifications

• The minimum qualifications as follows: (1) A minimum of 24 hours of training in domestic violence dynamics and victim safety; (2) A minimum of 24 hours of training in abuser treatment training; and (3) Observe at least six (6) approved abuser treatment group sessions led by group facilitators.

All programs shall establish and comply with a written program curriculum based on psychoeducational models, such as the Duluth Model, DAP (Domestic Abuse Project) model, or a combination of models. The abuser treatment program must be based on the philosophies of the Power and Control Wheel and the core beliefs as a contributing factor to the perpetuation of domestic violence as opposed to an anger management approach. The programs shall include but are not limited to the following and should also comply with North Carolina Council for Women established guidelines and obtain certification.

1. Intake

• History of Violence;

• Mental Health assessment and referral;

• Substance Abuse assessment and referral;

• Lethality assessment;

• Family and social history;

• Most recent violent episode;

• Family origin of violence;

• Violence in previous relationships;

• Past criminal behavior;

• Assessment of participant’s cognitive or social skill; and

• Any other factors that might interfere with the participation in a group program.

2. Intervention

• Group intervention of 12 to 15 abusers is the preferred course of treatment, in addition, individual case management may be provided;

• If a group exceeds 6 abusers, it must be facilitated by two staff members, preferably a team consisting of a male facilitator and a female facilitator;

• No couples counseling;

• No individual counseling;

• No mediation or dispute settlement;

• Groups must be gender specific;

• All abuser treatment programs shall establish written policies and procedures to serve culturally diverse programs for underserved populations;

• Duration: (1) Twenty-six weeks minimum; and (2) Each session must be at least 90 minutes in length;

• Adopt the following core beliefs in the curriculum:(1) The dynamics of domestic violence including pertinent issues of power and control; (2) Domestic violence impacts all family members and that children who grow up in violent homes have higher risks for behavioral problems, including suicide, substance abuse, violence and other criminal activities; (3) Respect for equal rights of partners in a relationship; (4) Non-violent, non-controlling relationship skills; (5) Change in an abuser’s belief system which supports the use of violence in intimate relationships.

• Follow-up care: (1) Four to six months minimum; and (2) Criminal records check.

3. Fees

• All participants are to be charged for participation in the abuser treatment program;

• Policies establishing fee calculation should be established and complied with by staff.

4.  Termination

• Programs shall establish written policy and procedures for terminating the participant including the following: (1) non-payment; (2) excessive absences, that is, a violation of court order and established attendance policy based on length of program; (3) fails to participate according to the written program criteria; (4) repeated physical violence; and (5) failure to comply with treatment recommendations.

• If a participant is terminated from the program, the program shall: (1) document the violations; and (2) notify all parties involved with the understanding that all reasonable attempts should be made to notify the victim first.

5. Completion

• When the participant completes all the program requirements, the program staff is to notify all parties involved.

6. Evaluation

• Program Level: (1) Recidivism; (2) Completion/Termination; and (3) Penetration Rates, that is, ethnicity, age, socio-economic status.

• Client Level: (1) 26-week evaluation; and (2) pre and post test.

 Prohibited Activities