Regulation of Programs of Intervention for Perpetrators; Required Provisions; Duties of Providers

Regulation of Programs of Intervention for Perpetrators; Required Provisions; Duties of Providers. (a) The Department of Public Health shall promulgate rules or regulations for programs of intervention for perpetrators of domestic or family violence. The rules or regulations must be promulgated after consultation with public and private agencies that provide programs for victims of domestic or family violence and programs of intervention for perpetrators, with advocates for victims and with persons who have demonstrated expertise and experience in providing services to victims and perpetrators of domestic and family violence and their children. If the Commonwealth licenses or provides money to a program of intervention for perpetrators, the Department of Public Health shall review compliance with the rules or regulations promulgated pursuant to this subsection. (b) The rules and regulations must include: (1) Standards of treatment for programs of intervention; (2) Criteria concerning a perpetrator’s appropriateness for the program; (3) Systems for communication and evaluation among the referring court, the public and private agencies that provide programs for victims of domestic or family violence, and the programs of intervention for perpetrators; and (4) Required education and qualification of providers of intervention. (c) The standards must include but are not limited to the following principles: (1) The focus of the program must be stopping the acts of violence and ensuring the safety of the victim and any children or other family or household members; (2) Recognition that violence is a behavior for which the perpetrator must be held accountable; and (3) Recognition that substance abuse is a problem separate from domestic or family violence which requires specialized treatment. (d) Providers of programs of intervention of perpetrators: (1) Shall require a perpetrator who is ordered into the program by a court to sign the following release: (i) Allowing the provider to inform the victim and victim’s advocates that the perpetrator is in treatment with the provider, and to provide information for safety to the victim and victim’s advocates; (ii) Allowing prior and current treating agencies to provide nonconfidential information about the perpetrator to the provider; and (iii) Allowing the provider to provide non-confidential information about the perpetrator to relevant legal entities, including courts, parole officers, probation officers, and children’s protective services. (2) Shall report to the court and the victim any assault, failure to comply with the program, failure to attend the program, and threat of harm by the perpetrator. Source: PL 12-19, § 2 (406), modified.