Chapter 105-3 FAMILY VIOLENCE INTERVENTION PROGRAM

Rule 105-3-.01 Name and Address

The Board of Community Supervision, in partnership with the Georgia Department of Community Supervision and the Georgia Commission on Family Violence, adopted these rules governing family violence intervention programs. The Board of Community Supervision is located at 2 Martin Luther King, Jr., Drive, Suite 866 - East Tower, Atlanta, Georgia 30334.

Rule 105-3-.02 Purpose and Authority

These rules shall be known as the Rules for Family Violence Intervention Programs. The purpose of the rules is to provide for the administration and certification of Family Violence Intervention Programs and Facilitators by the Department of Community Supervision through standards developed by the Georgia Commission on Family Violence and to provide for the enforcement of certification and program requirements and for the inspection and investigation of such programs and staff, by the Department of Community Supervision through the Georgia Commission on Family Violence. These rules are adopted and published in accordance with the Official Code of Georgia Annotated O.C.G.A. ยง 19-13-10, et seq. These rules shall remain in effect until adoption of new rules and regulations under the Board of Community Supervision.

Rule 105-3-.03 Definitions

(1) "Candidate" means an individual who has been ordered or self-referred to complete a Family Violence Intervention Program and is currently attempting to enroll.
(2) "Certification fee" means the fee assessed by the Commission to process and consider an application for FVIP Provider or Facilitator certification.
(3) "Class" means a group of participants simultaneously participating in a Family Violence Intervention Program with a Commission-certified Facilitator.
(4) "CJCC" means the Criminal Justice Coordinating Council.
(5) "Commission" means the Georgia Commission on Family Violence. The Georgia Commission on Family Violence is administratively attached to the Department of Community Supervision.
(6) "Community Task Force on Family Violence" means a community-based family violence task force that is supported by and working in collaboration with the Commission.
(7) "'Dating violence" is a pattern of abusive behaviors, including emotional, physical, sexual, and financial abuse, used to exert power and control over a dating partner. It can be present in any dating relationship, whether serious or casual, short-term or long-term, monogamous or not.
(8) "Department" means the Georgia Department of Community Supervision.
(9) "Domestic violence" refers to a pattern of abusive conduct or acts committed by an intimate partner or family member to gain and maintain power and control over another. Forms of abuse include but are not limited to physical violence, emotional, psychological, economic, sexual, or verbal abuse, coercive control, stalking, and/or threats of harm against an intimate partner or family member. For purposes of these Rules, the term 'domestic violence' shall be used to encompass acts of family and dating violence as those terms are defined in Georgia Code Sections 19-13-1 et seq and 19-13A-1 et. seq.
(10) "Facilitator" means a Family Violence Intervention Program group leader who is certified pursuant to these Rules.
(11) "Facilitator Trainee" means a person who is in the process of completing the Facilitator certification requirements and who has completed FVIP Basics.
(12) "Family violence" means commission of one (1) or more of the following acts between past or present spouses, parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or persons living or formerly living in the same household: Battery, Simple Battery, Simple Assault, Assault, Stalking, Criminal Damage to Property, Unlawful Restraint, Criminal Trespass, or any felony.
(13) "Family Violence Intervention Program" or "FVIP" means any program that is certified pursuant to these Rules.
(14) "Family" or "household member" means past or present spouses, parents of the same child(ren), parents and child(ren), stepparents and stepchild(ren), foster parents and foster child(ren), or persons living or formerly living in the same household.
(15) "Intake Orientation" refers to the process that initiates a participant's enrollment into FVIP classes.
(16) "Intimate partner" refers to a current or former spouse, domestic or dating partner, significant other, boyfriend, or girlfriend, or individuals between whom a current pregnancy exists.
(17) "Late" means arriving at or joining a class after the scheduled start time, including after any allowed grace period.
(18) "Monitor" means an agent of the Commission trained and authorized to observe and audit FVIP Facilitators, programs, class content, and the administrative and/or programmatic requirements of FVIPs, and who can report deficiencies.
(19) "Participant" means a person who is enrolled in a Family Violence Intervention Program.
(20) "Person" means any individual, agent, representative, governing or operating authority, board, organization, partnership, agency, association, corporation, or other entity, whether public or private.
(21) "Program Owner" or "Provider" means the named person designated on the FVIP certification or application for certification who owns or who has a controlling interest in an FVIP, whose purpose is to offer classes to rehabilitate family violence offenders.
(22) "SOP" or "Standard Operating Procedure" means the Department's procedural guidance for performing and complying with the requirements, tasks, or operations set forth in the Rules for Family Violence Intervention Programs.
(23) "Trainer" means a person providing Commission-approved training that may be credited toward the training and continuing education requirements for FVIP Facilitators and Providers.
(24) "Victim" means the family member, household member, or intimate partner against whom a participant has committed, or is committing, acts of domestic violence.
(25) "Victim liaison" means a victim advocate who works in a CJCC-certified domestic violence program, or a Commission-approved community-based domestic violence organization that primarily serves victims of domestic violence, or an experienced victim advocate who is an employee or independent contractor of the FVIP, and who has received Commission-approved domestic violence victim safety training, and has adequate training and experience to monitor victims' safety interests during participants' enrollment in FVIP.

Rule 105-3-.04 Certification Required

(1) Any person who owns or operates an FVIP or facilitates FVIP classes in Georgia must be certified by the Commission pursuant to the requirements set forth in these rules. The failure or refusal to apply for and maintain certification shall subject the person, including a previously certified Provider or Facilitator, to sanctions or further action as provided in these rules and under the laws of the state of Georgia. All applications for certification and recertification must be submitted to the Commission as required, and must be truthful, accurate, and complete.
(2) Limitations on eligibility for FVIP Provider and Facilitator Certification:
(a) No person shall be certified who has been charged, indicted, or convicted of domestic violence in any state within the five (5) years preceding initiation of the certification process (i.e., enrollment in FVIP Basics) unless the applicant provides proof of successfully completing a certified FVIP class at least two (2) years prior to initiating the process for certification.
(b) No person shall be certified who is actively under any form of community supervision, administrative or otherwise, by any law enforcement agency or county, state, or federal authority, or who has a matter pending in any criminal court. This includes but is not limited to misdemeanor or felony probation, pre-trial diversion, or parole.
(c) No person shall own, direct, facilitate, or employ any supervisor or director of an FVIP program if their position poses an actual, potential, or apparent conflict of interest. Nor shall any person own, direct, facilitate, or employ any supervisor or director of any program where there exists any relationship that would place the owner, director, supervisor, Facilitator, or employee in a position to exert improper influence, exploit, or take undue advantage of any participant.

Rule 105-3-.05 Certification Requirements for Family Violence Intervention Program Facilitators

(1) Initial Facilitator Certification Requirements.
(a) Facilitator Training Requirements. Applicants shall provide proof of completing the following training requirements within two (2) years of applying for certification:
1. FVIP Informational Session. An applicant for an FVIP Facilitator certification must attend an Informational Session and submit a signed authorization for the Commission to conduct background checks necessary during the certification period, including an initial background check required prior to enrolling in FVIP Basics. The informational session does not count toward the training requirements set forth in this section.
(i) Background Check Requirement. Applicants for certification who have completed the Informational Session must complete an initial background check and receive approval before enrolling in FVIP Basics. All applicants shall submit to a comprehensive background check, including criminal history, the Georgia Protective Order Registry, and the Department of Motor Vehicles driving history record. The Commission may request additional background checks at any point during the certification period. Failure to comply with or submit to any request for a background check may result in a temporary suspension of certification until the request is satisfied. All background checks will be conducted by the Department. The Commission shall provide the background check findings at the request of the applicant or Facilitator.
(b) Facilitator Training Requirements.
1. Completion of Commission-delivered FVIP Basics training;
(i) Applicants must attend "FVIP Basics," a fourteen (14) hour Commission-delivered training. FVIP Basics must be completed prior to beginning all other training and class participation requirements.
2. Applicants must complete twenty (20) hours of Commission-approved training. These training hours must be pre-approved by the Commission.
3. Community Task Force and Coordinated Community Response Requirements.
(i) Applicants must attend six (6) meetings hosted by a Community Task Force on Family Violence, the Commission, Family Connections, or other Commission-approved domestic violence community meeting;
(ii) Applicants shall complete twenty (20) hours of community awareness or other coordinated community response to domestic violence for the purpose of engaging in local domestic violence awareness, response, or advocacy. The following activities may satisfy this requirement. Pre-approval from the Commission is required for activities not listed.
(I) Attend a domestic violence community meeting or event;
(II) Complete a domestic violence civil (e.g., TPO) or criminal court calendar observation;
(III) Participate in a Department of Community Supervision ride-along with a Domestic Violence Liaison Officer;
(IV) Meet with a victim liaison at a CJCC-Certified family violence agency; or
(V) Volunteer at a domestic violence advocacy program.
(c) FVIP Class Participation Requirements. Applicants shall provide proof of completing the following participation requirements within two (2) years of applying for certification.
1. Twelve (12) classes as a participant observer in a certified FVIP. A Facilitator Trainee may participate in an FVIP class as an observer after completing fourteen (14) hours of FVIP Basics training as outlined in and only with a certified Facilitator.
2. Twelve (12) classes of direct contact as a Co-Facilitator Trainee with a certified Facilitator. A Facilitator Trainee may participate as a Co-Facilitator Trainee after completing the FVIP Basics and participant observer requirements outlined in and .
(d) Recommendation Letter(s). Applicants shall submit a letter of recommendation from each certified Facilitator with whom the applicant completed their direct Facilitator Trainee requirements.
(e) Facilitator Educational Requirements. Facilitators must have a four (4) year college degree or two (2) years of experience in group facilitation, course instruction, delivering training, or counseling.
(f) Acknowledgement of Adherence to Principles of Practice. A signed acknowledgment of the Principles of Practice must be submitted to the Commission upon certification and recertification, and the Facilitator shall prominently display them in the program facility in which they are facilitating. Facilitators shall make the Principles of Practice accessible at all times during virtual FVIP classes. Each Facilitator Trainee and certified Facilitator shall adhere to the following Principles of Practice.
1. FVIP Providers and Facilitators are advocates for victims of domestic violence who work to hold participants accountable for their acts of domestic violence. The highest priorities of FVIP Providers and Facilitators are the safety, rights, and confidentiality of victims.
2. FVIP Providers and Facilitators advocate that offenders of domestic violence be held accountable. FVIP Providers and Facilitators should never collude with participants to minimize, tolerate, or justify abusive and unacceptable behavior.
3. FVIP Providers and Facilitators consult with victim advocates to ensure quality programming.
4. FVIP Providers and Facilitators consistently act and communicate in ways that do not perpetuate discriminatory behavior, attitudes, or bias. FVIP Providers and Facilitators treat all with dignity.
5. FVIP Providers and Facilitators are not legal advocates or witnesses on behalf of participants and shall use caution when responding to requests for assessments, impressions, opinions, information, or testimony. FVIP Providers or Facilitators will not state or imply that program completion will result in non-abusive behaviors or victim safety.
6. Anger management programs, couples counseling, and psychotherapy are not appropriate interventions for domestic violence and may place the victim at heightened risk. Ending violence and abuse and prioritizing victims' safety takes precedence over efforts to save relationships.
7. Educational group sessions must be the primary approach to domestic violence intervention. However, though not as substitutes for FVIP, Providers may determine that participants would benefit from additional interventions, separately, including but not limited to substance abuse treatment, addiction treatment, mental or behavioral health treatment, parenting classes, or individual therapy, provided only in addition to participation in FVIP. The FVIP Provider may notify the appropriate court or referral source of any recommendation in such instances.
8. FVIPs alone do not create accountability. FVIP Providers and Facilitators collaborate with community partners and participate in a larger coordinated community response to domestic violence.
(g) Acknowledgment of Adherence to Code of Ethics. Each Facilitator Trainee and certified Facilitator shall adhere to the following Code of Ethics and submit a signed copy upon certification and recertification.
1. I will make victim safety my first priority in working with participants who engage in acts of domestic violence. I will make participant accountability my second priority.
2. I will collaborate with domestic violence victim advocates to design and inform my FVIP work to ensure quality programming.
3. I will provide truthful, accurate, and complete statements to the criminal justice system, victim liaisons, the Department, the Commission, and other community partners.
4. I will report to the referring agency and victim liaison any recent additional acts of domestic violence admitted to by an FVIP participant, when such reporting will not further endanger any victim or witness. Through consultation with the victim liaison, I will report to all appropriate legal authorities any suspected neglect and/or abuse of a child or protected adult.
5. I will report to the Commission any apparent violations of the Rules for Family Violence Intervention Programs that I observe or become aware of while certified as an FVIP Provider or Facilitator.
6. I will conduct myself in my personal and professional life in a manner consistent with the principles of nonviolence, and I will abide by a drug-free lifestyle. I will immediately notify the Program Owner and the Commission if I am arrested or convicted of any misdemeanor or felony.
7. I will avoid personal, professional, or business relationships that conflict with the interests of the FVIP and those it serves. I will not accept gifts, services, or benefits that impair my integrity or the integrity of the agency, or that might invite special considerations.
8. I will avoid the appearance of impropriety. I will not engage in any behavior that I would be unwilling to disclose fully to my colleagues, legal authorities, and the public. I will not engage in sexual or romantic activities with participants, victims, or their family members for at least two (2) years after our last professional contact. Even at that time, I will not engage in such behaviors that could reasonably contribute to the suffering of any person(s) or the impairment of the FVIP efforts.
9. I will fully explain all program rules and policies, fee payment, enrollment, program standards, discharge, and completion requirements to participants. I will consistently apply program rules to all participants.
10. I will treat all program participants and the victims of their violence fairly. I will not discriminate on the basis of actual or perceived race, class, age, religion, educational attainment, ethnicity, national origin, handicaps, sex, gender identity, sexual orientation, or economic condition. To the best of my ability, I will work to ensure that all persons have equal access to FVIP resources and services.
(h) Notice Requirement. Facilitators shall immediately notify the Commission of any of the occurrences listed below. Additional documentation shall be provided upon the Commission's request. Failure to provide the Commission with timely notice and/or requested documentation will result in the temporary suspension of the Facilitator's certification. The Commission may temporarily suspend certification pending final resolution or disposition of the pending matter.
1. At any point during or while seeking certification, Facilitators shall provide the Commission documentation and details of any of the following:
(i) Conviction, guilty plea, or nolo contendere plea for any felony or misdemeanor.
(ii) Adjudication of guilt withheld for a felony or misdemeanor, including First Offender Act and conditional discharge sentencing.
(iii) Current charges of a violation of law, not including minor traffic offenses, are subject to a fine of less than $500.
(I) Notice of Arrest Requirement. Once certified, Facilitators shall report an arrest to the Commission within three (3) business days of their release from custody.
(iv) Reports to the Department of Family and Children's Services for child abuse or neglect.
(v) Protective orders issued against them or bond conditions resulting from an arrest.
(I) Notice of Temporary Protection Order Respondent Requirement. Once certified, Facilitators shall report to the Commission any temporary protection order, including dating violence or stalking orders, of which they are a respondent by the next business day after service of the order.
(vi) A finding of domestic violence made in divorce, custody, or visitation proceedings.
(vii) Any sanctions and revocations imposed by any professional licensing boards.
(viii) Any formal complaints or civil action filings, in which they are a named defendant, alleging conduct involving sexual harassment or misconduct, or retaliation, or involving conduct of dishonesty, fraud, or theft, or where allegations of domestic violence or abuse.
(i) Initial Facilitator Certification Schedule and Fees. The Commission will review Facilitator certification applications on an ongoing basis. Each applicant must submit a nonrefundable $150.00 certification fee with their application. The Commission will prorate certification fees to the nearest January 1.
(2) Recertification Requirements for Family Violence Intervention Program Facilitators.
(a) Once certified, a Facilitator certification shall remain active for two (2) years from the prorated January 1 certification date as long as the Facilitator remains in compliance with applicable laws and rules. The failure or refusal to maintain certification while facilitating FVIP classes shall subject the Facilitator to sanctions provided in these rules.
(b) Training and Community Engagement Requirements. Each applicant shall submit to the Commission a completed application and all required documentation showing completion of the following recertification requirements:
1. Training and community engagement requirements must be completed between January - December annually for each year of the certification period. Facilitators shall provide proof of completing the following requirements when applying for recertification:
(i) Applicants for recertification must complete twelve (12) hours of Commission-approved training annually, a total requirement of twenty-four (24) hours of training in the two (2) year certification period. Once the training hours requirement is met, up to six (6) hours in excess of the required training hours accrued in a certification period may roll over and apply toward the next recertification period only, after which they shall expire.
(ii) Attend three (3) meetings of the Community Task Force on Family Violence or other coordinated community response to domestic violence annually (a total of six (6) meetings during the certification period). If no such body exists, the applicant shall attend other domestic violence community meetings or related events, provided the applicant receives the Commission's approval before attending.
(c) Recertification Schedules and Fees.
1. Facilitators shall complete and submit the required application and documents to the Commission by January 1 biannually. Each recertification applicant will be required to submit a nonrefundable $100 recertification fee with their application.
2. Late fee. A $100 late fee will be assessed for certified Facilitators who submit the recertification application within thirty (30) calendar days after January 1, and the Facilitator's certification will be suspended.
3. Reinstatement fee. If recertification requirements are met more than thirty (30) calendar days but within sixty (60) days from January 1, there will be an additional shall be reinstated upon payment of an additional $200 reinstatement fee.
4. Certification expiration. After sixty (60) calendar days beyond the recertification date, the certification will expire. A Facilitator may apply to reinstate an expired certification within two (2) years of the previous recertification start date if such Facilitator provides proof of completing the required twenty-four (24) hours of continuing education and participation in six (6) Community Task Force on Family Violence meetings. If approved, previously assessed fees, plus a $200 expired-status processing fee, must be paid prior to reinstatement.
5. Initial certification required. Beyond two (2) years from the recertification date, a previously certified Facilitator must apply for certification by meeting the initial certification requirements as a new Facilitator.

SCHEDULE OF RECERTIFICATION FEES FOR FAC ILITATORS

Due Date

Amount

January 1st biannually (every two (2) years)

$100 non-refundable application fee

Total: $100

Within thirty (30) calendar days after January 1

$100 non-refundable application fee

+ $100 late fee

Total: $200

Between thirty (30) and sixty (60) calendar days of January 1.

$100 non-refundable application fee

+ $100 late fee + $200 reinstatement fee

Total: $400

Reinstating expired certification after sixty (60) days of January 1 for up to two years of the recertification date.

$100 non-refundable application fee

+ $100 late fee + $200 reinstatement fee

+ $200 expired status processing fee

Total: $600

(3) Notice of Approval or Denial of Facilitator Certification and Recertification.
(a) Period of Review. Upon receipt of all required application materials and fees, the Commission will undertake a review to determine whether the Facilitator meets the requirements for certification or recertification. The Commission will notify the applicant within thirty (30) calendar days of receipt of the application materials whether the application is approved, denied, incomplete, or requires additional time to process.
(b) Notice of Approval. If the Commission determines all certification or recertification requirements have been satisfied as set forth by law and in these rules, the Commission shall certify or recertify the Facilitator. The Commission will notify the Facilitator of their initial certification via electronic mail at the email address provided in the application, unless notice via certified mail is requested in writing upon submission of the application. The Commission will notify the Facilitator of their recertification in the Commission-designated reporting system.
(c) Notice of Denial. If the Commission determines that certification or recertification requirements have not been satisfied, the Commission will advise the applicant or Facilitator who was denied initial certification or recertification, in writing, of the reasons for denying the application via the email address provided in the application. An applicant will have ten (10) business days from the date of the Commission's notification of denial to submit additional documentation, correct deficiencies, or otherwise remedy the application as may be required by the Commission to reconsider. If the applicant again fails to satisfy all certification or recertification requirements upon reconsideration, the application shall be denied. The Commission will notify the applicant of their application status via electronic notification unless certified mail is requested in writing with the application upon submission.
(d) Denials may be appealed by following procedures required by law and these rules.
(e) It is the responsibility of applicants and Facilitators to submit and maintain their current mailing address and email address with the Commission, as any and all correspondence will be sent using the information on file.

Rule 105-3-.06 Certification Requirements for Family Violence Intervention Program Owners.

(1) Initial FVIP Certification.
(a) Program Owner Certification Training Requirements.
1. FVIP Informational Session. An applicant for a Program Owner certification must attend an Informational Session and submit a signed authorization for the Commission to conduct background checks as may be necessary during the certification period, including an initial background check that is required prior to enrolling in FVIP Basics. The informational session may not be applied to the training requirements set forth in this section.
(i) Background Check Requirement. Applicants for certification who have completed the Informational Session must complete an initial background check and receive approval before enrolling in FVIP Basics. All applicants shall submit to a comprehensive background check, including criminal history, the Georgia Protective Order Registry, and the Department of Motor Vehicles driving history record. The Commission may request additional background checks at any point during the certification period. Failure to comply with or submit to any request for a background check may result in a temporary suspension of certification until the request is satisfied. All background checks will be conducted by the Department. The Commission shall provide the background check findings at the request of the applicant or Program Owner.
2. Completion of Commission-delivered FVIP Basics training.
(i) Applicants must attend "FVIP Basics," a fourteen (14) hour Commission-delivered training. FVIP Basics must be completed prior to beginning all other training and class participation requirements.
(b) Judicial Circuit Requirement. Program owners seeking certification shall submit one (1) application and must indicate each judicial circuit in which the FVIP will operate. Programs must list all judicial circuits they will service in their certification applications.
(c) Mission Statement Requirement. Each applicant shall submit, as part of their application, their program's mission statement or a statement of intent that addresses the role of the FVIP in their organization.
(d) Background, History & Experience. Each applicant shall submit information on the program owner's background and experience addressing domestic violence.
(e) Disclosure of Businesses and Ownership Ventures. Applicant shall disclose any other businesses or ownership ventures, or any partners, co-owners, investors, or other affiliates with whom the applicant shares, whether legally or financially, a substantial joint business interest or with whom a material business relationship exists.
(f) Locations & Class Schedules. Each applicant shall submit the addresses for all program locations, proposed class schedules, and assigned certified Facilitators.
(g) Class Fees. Each applicant shall submit a written class fee schedule and an indigent fee reduction plan for participants declared indigent by the court. A copy of the fee schedule and the indigent fee reduction plan must be provided to all referral sources in every judicial circuit where the program will operate.
(h) General Liability Insurance. Each applicant shall submit proof of a current general liability insurance policy of at least $1,000,000. Liability insurance shall be maintained throughout the certification period. However, applicants who are governmental entities seeking certification to operate as FVIP Providers may request a waiver of this requirement.
(i) Victim Liaison Requirement. Applicants shall submit proof of a current contractual or employment agreement with a victim liaison upon certification or recertification. FVIPs must employ or contract with a victim liaison at all times during their certification. The victim liaison shall be a CJCC-certified domestic violence program, Commission-approved community-based victim services program, or Commission-approved domestic violence victim advocate. FVIPs must notify the Commission of any change in the victim liaison. Guidelines for hiring or contracting a victim liaison may be found in the Department SOP.
1. An FVIP may initiate contact with victims of domestic violence only through the victim liaison except under circumstances where the FVIP staff has a legal duty to warn the victim of reasonably imminent perceived or apparent danger. All FVIP contact with victims shall be in accordance with the Department SOP.
(j) Acknowledgment of Adherence to Principles of Practice. A signed acknowledgment of the Principles of Practice must be submitted to the Commission upon application for certification and recertification. FVIPs shall ensure the Principles of Practice are prominently displayed in the program's facility, including all locations in which the program operates, and shall ensure that the Principles of Practice are accessible or visible at all times during classes, including virtual class(es). Each Facilitator Trainee and certified Facilitator shall adhere to the following Principles of Practice.
1. FVIP Providers and Facilitators are advocates for victims of domestic violence who work to hold participants accountable for their acts of domestic violence. The highest priorities of FVIP Providers and Facilitators are the safety, rights, and confidentiality of victims.
2. FVIP Providers and Facilitators advocate that offenders of domestic violence be held accountable. FVIP Providers and Facilitators should never collude with participants to minimize, tolerate, or justify abusive and unacceptable behavior.
3. FVIP Providers and Facilitators consult with victim advocates to ensure quality programming.
4. FVIP Providers and Facilitators consistently act and communicate in ways that do not perpetuate discriminatory behavior, attitudes, or bias. FVIP Providers and Facilitators treat all with dignity.
5. FVIP Providers and Facilitators are not legal advocates or witnesses on behalf of participants and shall use caution when responding to requests for assessments, impressions, opinions, information, or testimony. FVIP Providers will not state or imply that program completion will result in non-abusive behaviors or victim safety.
6. Anger management programs, couples counseling, and psychotherapy are not appropriate interventions for domestic violence and may place the victim at heightened risk. Ending violence and abuse and prioritizing victims' safety takes precedence over efforts to save relationships.
7. Educational group sessions must be the primary approach to domestic violence intervention. However, Providers may find participants would benefit from additional interventions separately, including but not limited to substance abuse treatment, addiction treatment, mental or behavioral health treatment, parenting class, or individual therapy, but only in addition to participation in an FVIP. The FVIP Provider may notify the appropriate court or referral source of any recommendation in such instances.
8. FVIPs alone do not create accountability. FVIP Providers and Facilitators collaborate with community partners and participate in a larger coordinated community response to domestic violence.
(k) Acknowledgment of Adherence to Code of Ethics. FVIP Providers and applicants for certification shall adhere to the following Code of Ethics and submit a signed copy upon certification and recertification.
1. I will make victim safety my first priority in working with participants who engage in acts of domestic violence. I will make participant accountability my second priority.
2. I will collaborate with domestic violence victim advocates to design and inform my FVIP work to ensure quality programming.
3. I will provide truthful, accurate, and complete statements to the criminal justice system, victim liaisons, the Department, the Commission, and other community partners.
4. I will report to the referring agency and victim liaison any recent additional acts of domestic violence admitted to by an FVIP participant, when such reporting will not further endanger any victim or witness. Through consultation with the victim liaison, I will report to all appropriate legal authorities any suspected neglect and/or abuse of a child or protected adult.
5. I will report to the Commission any apparent violations of the Rules for Family Violence Intervention Programs that I observe or become aware of while certified as an FVIP Provider or Facilitator.
6. I will conduct myself in my personal and professional life in a manner consistent with the principles of nonviolence, and I will abide by a drug-free lifestyle. I will immediately notify the Program Owner and the Commission if I am arrested or convicted of any misdemeanor or felony.
7. I will avoid personal, professional, or business relationships that conflict with the interests of the FVIP and those it serves. I will not accept gifts, services, or benefits that impair my integrity or the integrity of the agency or might invite special considerations.
8. I will avoid the appearance of impropriety. I will not engage in any behavior that I would be unwilling to disclose fully to my colleagues, legal authorities, and the public. I will not engage in sexual or romantic activities with participants, victims, or their family members for at least two (2) years after our last professional contact. Even at that time, I will not engage in such behaviors that could reasonably contribute to the suffering of any person(s) or the impairment of the FVIP efforts.
9. I will fully explain all program rules and policies, fee payment, enrollment, program standards, discharge, and completion requirements to participants. I will consistently apply program rules to all participants.
10. I will treat all program participants and the victims of their violence fairly. I will not discriminate on the basis of actual or perceived race, class, age, religion, educational attainment, ethnicity, national origin, handicaps, sex, gender identity, sexual orientation, or economic condition. To the best of my ability, I will work to ensure that all persons have equal access to FVIP resources and services.
(l) Notice Requirement. Program owners shall immediately notify the Commission of any of the occurrences listed below. Documentation shall be provided upon the Commission's request. Failure to provide the Commission with timely notice and/or requested documentation will result in a temporary suspension of the FVIP's certification status. The Commission may temporarily suspend certification pending final resolution or disposition of the pending matter.
1. At any point during certification or while seeking certification, Program Owners shall provide the Commission documentation and details of any of the following:
(i) Conviction, guilty plea, or nolo contendere plea for any felony or misdemeanor.
(ii) Adjudication of guilt withheld for a felony or misdemeanor, including First Offender Act and conditional discharge sentencing.
(iii) Current charges of a violation of law, not including minor traffic offenses, are subject to a fine of less than $500.
(I) Notice of Arrest Requirement. Once certified, the Program Owner shall report an arrest to the Commission within three (3) business days of their release from custody.
(iv) Reports to the Department of Family and Children's Services for child abuse or neglect.
(v) Protective orders issued against them or bond conditions resulting from an arrest.
(I) Notice of Temporary Protection Order Respondent Requirement. Once certified, the Program Owner shall report to the Commission any temporary protection order, including dating violence or stalking orders, of which they are a respondent by the next business day after service of the order.
(vi) A finding of domestic violence made in divorce, custody, or visitation proceedings.
(vii) Any sanctions and revocations imposed by any professional licensing boards.
(viii) Any formal complaints or civil action filings, in which they are a named defendant, alleging conduct involving sexual harassment or misconduct, or retaliation, or involving conduct of dishonesty, fraud, or theft, or where allegations of domestic violence or abuse.
(m) Coordinated Community Response Participation Requirement. Program Owners shall participate in a Community Task Force on Family Violence and be a part of the coordinated community response to domestic violence. Evidence of program owners attending two (2) coordinated community response meetings annually shall be submitted to the Commission upon recertification.
1. To satisfy this requirement, upon Commission approval, applicants may:
(i) Attend a Family Connections or other family or domestic violence community meeting or event;
(ii) Complete a domestic violence civil or criminal court calendar observation; or
(iii) Meet with a victim liaison at a CJCC-Certified family violence agency.
(n) Program Certification Schedule and Fees. Each applicant will be required to submit a $250.00 nonrefundable certification fee with their application. The Commission will prorate certification fees from the application submission date to the nearest January 1.
1. Fee Schedule for Multiple Judicial Circuits and Virtual-Statewide.

Certification Application Fee

(One judicial circuit location).

$250

Additional Judicial Circuit Locations

$50 for each additional judicial circuit

Online Classes

$100

(2) Recertification Requirements for Family Violence Intervention Program Providers.
(a) Recertification Required. Once certified, an FVIP shall remain certified for two (2) years, provided the program complies with applicable laws and rules. Recertification every two (2) years is required for FVIPs to continue to hold FVIP classes. Any program that operates, by actively advertising, offering, receiving payment for, or conducting intake sessions or FVIP classes while failing to maintain a current certification or during any period of suspension, expiration, or revocation once notice has been given by the Commission pursuant to these rules, shall be subject to sanctions, injunctions, actions and/or fines available to the Department under these rules and applicable laws of this state.
(b) Required Documentation for Program Recertification. The Commission requires that certain documents and information be updated and made available upon request to verify continuing compliance with these rules at any time during the certification period. Such documents and information may include: program locations, class schedules, class fees, indigent fee reduction plans, proof of general liability insurance, valid victim liaison contract or employment agreement, evidence of participation in two (2) meetings annually of the local Community Task Force on Family Violence (a total of four (4) meetings at recertification), a Commission-approved program curriculum, and a signed acknowledgements of adherence to the Principles of Practice agreement and the Code of Ethics.
(c) Recertification Schedules and Fees.
1. Program owners shall complete and submit the required application and documents to the Commission by January 1 biannually (every two (2) years). A nonrefundable $250.00 recertification fee must be submitted with the application.
2. Late fee. A $100 late fee will be assessed for applications submitted within thirty (30) calendar days after the January 1 recertification due date. A $100 late fee will be assessed to certified Providers who submit the recertification application within thirty (30) calendar days after January 1st.
3. Reinstatement fee. After thirty (30) calendar days of the recertification due date, the FVIP Provider's certification will be suspended. If recertification requirements are met in more than thirty (30) calendar days but within sixty (60) days from January 1, the Provider's certification will be reinstated upon payment of all accrued fees plus a $200 reinstatement fee.
4. Certification expiration. After sixty (60) calendar days, the Provider's certification will expire. The FVIP must cease offering classes and wait until the next certification period, January 1. The Commission will coordinate the transfer of participants, remove the Provider from the list of available programs, and send a notice to all referral sources. To be reinstated, all previously assessed fees, plus a $200 expired-status processing fee, must be paid.
5. Initial certification required. After certification has expired for more than two (2) years, previously certified Providers may not seek recertification. They must apply for certification by meeting the requirements for certifying as a new Provider.

SCHEDULE OF RECERTIFICATION FEES FOR FVIP PROVIDERS

Due Date

Amount

January 1st (every two (2) years)

$250 non-refundable application fee

Total: $250

Within thirty (30) calendar days after January 1

$250 non-refundable application fee + $100 late fee

Total: $350

After thirty (30) calendar days and within sixty (60) calendar days of January 1.

$250 non-refundable application fee + $100 late fee + $200 reinstatement fee

Total: $550

If recertification requirements are met, reinstating from expired status after sixty (60) days of January 1 of the initial recertification period year.

$100 non-refundable application fee + $100 late fee +$200 reinstatement fee + $200 expired status processing fee

Total: $600

(3) Notice of Approval or Denial of FVIP Certification and Recertification.
(a) Period of Review. Upon receipt of all required application materials and fees, the Commission will undertake a review to determine whether the Provider has met the requirements for certification or recertification. The Commission will notify the applicant within thirty (30) calendar days of receipt of the application materials whether the application is approved, denied, incomplete, or requires additional time to process.
(b) Notice of Approval. If the Commission determines all program certification or recertification requirements have been satisfied as set forth by law and in these rules, the Commission shall certify or recertify the program. The Commission will notify the program of its initial certification via electronic mail at the email address provided in the application unless notice via certified mail is requested in writing when the application is submitted. The Commission will notify the program of its recertification via the Commission-designated reporting system.
(c) Notice of Denial. If the Commission determines all program certification or recertification requirements have not been satisfied, the Commission will advise the applicant in writing of the reasons for denying the application. Applicants will be notified via the email address provided in the application. An applicant will have ten (10) business days from the date of the Commission's notification of denial to submit additional documentation, correct any deficiencies, or otherwise remedy the application as may be required by the Commission to reconsider. If the applicant again fails to demonstrate compliance with all certification or recertification requirements, the application shall be denied. The Commission will notify the applicant of their recertification status via the designated notification system unless certification or recertification notice via certified mail is requested in writing when the application is submitted.
1. Denials may be appealed by following the procedures required by law and these rules.
(d) It is the responsibility of applicants and program owners to submit and maintain their current mailing address and email address with the Commission, as any and all correspondence will be sent using the address information on file.
(4) Certification Nontransferable. A program owner's certification is nontransferable. If program ownership changes and the new program owner is not certified, the new owner must submit an authorization for the Commission to conduct a background check. Following a satisfactory background check, the Commission may issue a provisional certification to allow the program to continue operating pending the new program owner completing the certification requirements and becoming certified within six (6) months. If the requirements for certification are not met or the new program owner fails to submit a complete application for initial certification, the program must discontinue operations and transfer any existing participants to other programs. The Commission may exercise its discretion in granting written requests for an extension of a provisional certification.
(5) Prohibition on Multiple Program Ownership. Any person or entity may not simultaneously own, in whole or in part, more than one certified FVIP. Failure to comply with this will result in penalties that may include an administrative fine, revocation of certification, and program discontinuation.

Rule 105-3-.07 Procedure and Class Requirements

(1) Program Intake Orientation Requirements.
(a) Certified Facilitators or authorized program staff will conduct an intake orientation with candidates. The intake orientation shall not count toward the twenty-four (24) class requirement. The intake orientation must include reviewing previous incidents of abuse, identifying the source of referral, and obtaining the victim's contact information.
(b) Certified Facilitators or authorized program staff shall require candidates to provide copies of any police reports (if available), protection orders, sentence or probation conditions, and any other court orders related to their case prior to starting FVIP classes.
(c) Certified Facilitators or authorized program staff may not use clinical, behavioral, or mental health assessment tools to evaluate candidates for appropriateness or fitness to participate in FVIP classes. This includes intake questions that could give a diagnostic impression. This does not prohibit program staff or Facilitators from contacting the referral source when a participant may not be appropriate for FVIP. Guidance for appropriate intake assessments may be found in the Department SOP.
(d) Certified Facilitators or authorized program staff may not use evaluation tools or clinical assessments, such as those indicated in paragraph , to predict or formulate a professional statement of opinion, whether written or verbal, on a candidate's or participant's future use of or propensity for violence.
(e) Certified Facilitators or authorized program staff shall assess candidates for accessibility requirements under state law and make available any reasonable accommodations that may be necessary for the candidate to fully participate in the classes.
(f) A Victim Contact Request Form must be sent to the victim liaison within five (5) calendar days of a participant's enrollment in the FVIP. Requirements for this form can be found in the Department SOP.
(2) Participant Fee Requirements.
(a) FVIPs shall not charge participants a fee that exceeds $60.00 per class or $120.00 for the orientation and/or intake process.
(b) Each FVIP will be assessed a $20.00 fee for each newly enrolled participant that is payable to the Commission within thirty (30) calendar days of receiving an invoice. The Program shall enter the participant into the Commission-designated reporting system by the tenth (10) day of the month following the month in which the participant enrolled.
(c) A participant who re-enrolls in an FVIP after being previously terminated by that FVIP, and while subject to the same referral source or court order, will be treated as a newly enrolled participant, and the program shall be assessed a $20.00 fee for the participant payable to the Commission within thirty (30) calendar days of receiving an invoice. The FVIP shall enter the participant into the reporting system by the tenth (10) day of the following month upon the participant's re-enrollment.
(d) FVIPs may accept prepayment from participants for classes. FVIPs shall maintain a written policy for prepayment, which should be displayed and readily accessible to candidates and participants. The policy should include provisions explaining prepayment, refunds, late payments, and nonpayment. A prepayment policy must include a provision for refunding any unused portion of prepayments in the event of a participant's transfer or termination from the program. The Commission may void any provision of an FVIP's payment policy if it is deemed unreasonably excessive or unduly burdensome.
(e) Indigent fee reduction sliding scales must be included in the participant fee policies shared with participants at intake orientation.
(3) Participant Contract Requirements.
(a) FVIPs shall require each participant to sign a contract before being permitted entry into the program. The contract must require the participant to agree to the following:
1. Immediately stop all violence and abuse towards the victim and others, and disclose to the program owner any new incidents of violence or abuse while enrolled;
2. While enrolled in FVIP, refrain from being in possession of or maintaining in the place of residence any firearms while subject to a court order, community supervision, or by other operation of law that expressly prohibits possession;
3. Respect any effort by the victim to leave the relationship;
4. Fully comply with the terms of a court order or order of protection in effect during the period of the participant's enrollment;
5. Attend twenty-four (24) ninety (90) minute group classes at the rate of one (1) class per week, arrive on time, participate regularly, pay all required fees, and complete all assignments;
6. Complete the program where the participant originally enrolled unless a transfer to another FVIP is approved by the court, other referral source, or the Commission, or is otherwise required;
7. Be drug and alcohol-free during all classes;
8. Acknowledge that FVIPs are not bound by confidentiality and may release information to the victim liaison, referring courts, law enforcement, Commission staff and monitors, the Department, the Board of Pardons and Paroles, and others;
9. Acknowledge the FVIP's policies regarding the following: duty to warn, mandatory reporting requirements, victim contact obligations, and consequences of breaking the FVIP's participant contract.
(4) Required Class Structure.
(a) Each participant must attend a minimum of twenty-four (24) group classes. Participants may not attend more than one (1) class per week to accelerate program completion.
1. An FVIP may allow a participant to attend one (1) make-up or substitute class in the same week as the participant's regularly enrolled class. The participant must have an excused absence or approval to attend a make-up class due to arriving late. In such instances, the make-up or substitute class attendance will not violate the one (1) week limitation. Providers must ensure the class ratio requirement is not violated to accommodate such requests.
(b) Classes shall be at least ninety (90) minutes and no greater than one hundred twenty (120) minutes in length. Administrative duties, including taking attendance and collecting fees, are prohibited during the ninety (90) minutes of instruction time. Breaks shall not be included in the ninety (90) minutes.
(c) If only one (1) certified Facilitator is present, the class shall not exceed ten (10) participants. Two (2) certified Facilitators are required to co-facilitate a class of more than ten (10) participants. Class size shall not exceed twenty (20) participants.
(d) Participants may not have more than three (3) absences. A participant must be terminated from the FVIP after the fourth absence. FVIP Provider owners may implement an excused absence policy in accordance with these rules. For an absence to be excused, the participant must immediately notify the FVIP Provider, Facilitator, or authorized program staff at the earliest possible time. Supporting documentation must be placed in the participant's file to mark the absence as excused. Participants may not exceed three (3) excused absences. Refer to the SOP for guidance on maintaining an excused absence policy.
1. The FVIP Provider shall notify the Victim Liaison and referral source within two (2) days or as soon as practicable of the participant's status after three (3) absences, whether excused or unexcused.
(e) Participants arriving late to class may remain in class but not receive credit, and no payment shall be charged to the participant or received by the FVIP. Participants who arrive late may be allowed to attend a make-up class for up to three (3) tardies. Each tardy after three (3) shall be recorded as one (1) absence.
(f) Transfer of a participant to another program will not be permitted unless written notice of the transfer request has been given to the Commission and the transfer has been approved by the court, other referral source, or the Commission. If approved, the transferring FVIP shall notify the victim liaison of the participant's transfer within four (4) calendar days. FVIPs who accept transferring participants must follow all procedures required of new participants.
1. If a program's certification has been suspended, revoked, or expired, a written request to the Commission for transferring participants is not required. The FVIP owner must immediately inform the Commission of all participants currently enrolled in the program at the time of suspension, revocation, or expiration. The FVIP must send the files of enrolled participants to the Commission within three (3) business days following the notice of suspension, revocation, or expiration. The FVIP must provide any additional assistance or information requested for the transfer of the participants.
(g) All participants in a class must be of the same gender identity. Gender identity refers to the gender with which an individual self-identifies or the predominant gender they express.
(h) Current or former intimate partners, family, or household members are not allowed to participate in the same class.
(i) Participants may attend FVIP classes in person or online. Once enrolled in the 24-week program, participants should remain in the same class through completion. However, a Provider may authorize a participant to change their enrolled class to accommodate a different class format or schedule, provided the participant submits a written request. The request must include the current class the participant is enrolled in, the requested class, and the reason for the requested change. This information should be kept in the participant's file. The FVIP should notify the victim liaison and referral source of the change and the reason.
1. A Facilitator may initiate a request to transfer a participant from the online class format to an available in-person class within the same FVIP if the Facilitator determines that the participant is no longer suitable for online class participation or is not adhering to the guidelines for online classes. Providers should adjust the participant's fees, including prepaid fees, to reflect any cost differences resulting from the change in class format, if applicable.
(5) Requirements for online FVIP classes.
(a) Online FVIP classes must be conducted using an approved virtual platform. The approved platforms include Zoom, Microsoft Teams, Google Meet, GoTo Meeting, Skype, Cisco Webex, Jitsi Meet, Toasty, Lifesize, Jami, Talky, and Whereby. Any other platform requires prior Commission approval.
1. All platforms used must have features enabled that allow users to access video and audio capabilities. Facilitators and participants are required to keep their video feature enabled at all times during the class.
(b) Online FVIP classes must adhere to the same requirements and standards as in-person classes. The classes include at least ninety (90) minutes of instruction, excluding time for taking attendance or collecting payments.
(c) FVIP Facilitators must ensure that participants attending online FVIP classes are in a location and environment free from distractions throughout the class. Participants shall not be permitted to have anyone else in their company, and they must not be engaged in activities that would divide their attention.
(6) Prohibited Class Activities.
(a) FVIPs shall not give participants credit for anger management, DUI, or any other class for attending an FVIP class, nor shall an FVIP give participants FVIP class credit for attending an anger management, DUI, or any other class. An FVIP may recommend to the court or referral source that a participant may require treatment or programs in addition to or in lieu of FVIP. The program may also determine that the participant requires further evaluation concerning the participant's suitability for the FVIP due to mental and/or cognitive capacity.
(b) FVIPs, including owners, Facilitators, or other program staff, shall not seek, allow, or accept any personal favors or gifts from participants in lieu of class fees or attendance, or for any reason during the participant's active enrollment status in the program, except that items of nominal value are permitted, provided no promises, favors, assurances, or benefits are given to the participant in exchange.
(c) FVIPs shall not require or permit victims to attend or participate in the intake orientation process, class, or FVIP activities in any way. Participants in online classes shall not be permitted to have victims, children, or any other individuals present while in a class session at any time or for any reason. Refer to the Department SOP for guidance on online FVIP class management.
(d) FVIPs shall not permit participants to violate any FVIP rules, procedures, or participant contract requirements without escalating consequences up to and including termination from the program.
(7) Criteria and Procedures for Program Completion.
(a) Participants must complete a minimum of twenty-four (24) weekly classes that are ninety (90) minutes in length to complete an FVIP program.
(b) FVIPs shall not issue certificates to participants who have completed the program. However, FVIP Providers must comply with requests for a verification letter containing information such as the number of classes attended, termination, or completion to any requesting court or referral source, or the participant.
(c) Within four (4) calendar days of a participant's completion, FVIPs must notify all referral sources, including the courts, the Department (if applicable), the State Board of Pardons and Paroles (if applicable), and the victim (via the victim liaison).
(8) Criteria and Procedures for Terminating a Participant or Denying Enrollment of a Candidate.
(a) Participants and candidates shall be terminated and/or denied for enrollment by the program for the following reasons:
1. Participant or candidate is unwilling to sign the participant contract;
2. Participant or candidate is unwilling to sign the participant contract;
(i) Continued use of violence or abuse, including harassment and/or stalking, towards the victim, any family member, or current or former partner, FVIP staff, or FVIP participants;
(ii) Demonstrated unwillingness to change, by refusal to hear and act on feedback, blaming victims or external circumstances, or justifying abuse;
(iii) Attending class under the influence of alcohol or drugs. Participants who are reasonably suspected of being under the influence of alcohol and/or drugs will be asked to leave the class and will not receive credit for attendance, resulting in an absence. The Facilitator must document the circumstances that led to the participant's removal from class in the participant's file. If the participant is removed a second time for the same reason, the FVIP may terminate the participant's participation in the program. The Provider must notify the victim liaison and referral source within two (2) calendar days of the termination.
(iv) Refusal to refrain from being in possession of or maintaining in the place of residence any firearms while subject to a court order, community supervision, while enrolled in FVIP, or if expressly prohibited;
3. Upon the participant accumulating a fourth (4) absence from the class.
(b) If an FVIP has determined that a participant will be terminated, the FVIP will notify the victim liaison with a notice of intent to terminate two (2) calendar days prior to terminating the participant, when possible.
(c) If a participant is terminated due to violence or threats of violence, the FVIP shall immediately contact all referral sources, including the courts, the Department (if applicable), the State Board of Pardons and Paroles (if applicable), and the victim (via the victim liaison).
(d) If a participant is terminated for reasons other than violence or threats of violence, the FVIP shall notify all referral sources within two (2) calendar days following the participant's termination, including the courts, the Department (if applicable), the State Board of Pardons and Paroles (if applicable), and the victim (via the victim liaison).
(e) If a participant is terminated, they are not eligible to receive credit for classes completed at the program they attended. Participants may not start a new program after being terminated without written permission from the referral source to re-enroll in FVIP.

Rule 105-3-.08 Reporting and Recordkeeping Requirements

(1) Monthly Reporting and Payment Requirements to the Commission.
(a) FVIPs shall report to the Commission the following information by the tenth (10) day of the month through the Commission-designated reporting system:
1. New and updated locations where classes are being held.
2. Changes to the videoconferencing platform used for online classes.
3. New and updated class schedules, including the day, time, type of class, class format, and certified Facilitator(s) assigned to the class.
4. Participants must be entered into the reporting system by the tenth (10) day of the month following the participant's enrollment or re-enrollment in the program.
5. Participants who have completed, transferred, or been terminated from the program must be reported in the reporting system by the tenth (10) day of the following month. FVIPs must record the date of completion, transfer, or termination for each participant in the designated reporting system.
6. FVIPs must report if no new participants were enrolled in the previous month.
(b) The Commission will issue an invoice to FVIPs once a month. FVIPs shall submit payment to the Commission within thirty (30) calendar days of the issuance date on the invoice. If payment is not submitted within thirty (30) calendar days, late fees will be assessed as follows:
1. After forty-five (45) calendar days, a $30 late fee will be applied to the outstanding invoice.
2. After sixty (60) calendar days, the assessed late fee will increase to $60.
3. After ninety (90) calendar days and then at ninety (90) day intervals, the assessed late fee will increase to $90.
(2) Recordkeeping Requirements.
(a) The Program shall keep a record of the following for all participants for three (3) years. The Commission has the authority to review these documents upon request.
1. Participant Intake and Application Forms
2. Participant Assessment Forms
3. Victim Liaison Contacts & Notifications
4. Referral Contacts & Notifications
5. Participant Attendance Records
6. Participant Payment to the FVIP
7. Participant Reporting and Payment to the Commission

Rule 105-3-.09 Curriculum Requirements

(1) All FVIPs shall maintain and comply with a Commission-approved written curriculum. Written curricula must follow an educational model and include content for weekly sessions. FVIPs shall make all written curriculum used for classes available to the Commission and victim liaisons upon request. Commission-approved curricula are included in the Department SOP. For approval, curricula must adhere to the following principles regarding domestic violence:
(a) Power and Control. Program topics must follow a model that identifies and challenges domestic violence as an overall system of any form of abuse where the participant chooses to use tactics of power and control over the victim.
(b) Beliefs and Social Context. Program topics shall consistently identify and challenge participants' personal beliefs and social contexts that support those beliefs and encourage the use of power and control tactics over the victim.
(c) Effects. Program topics shall consistently identify and hold the participant accountable for the harmful impacts of the participant's violence and abuse on their victims, including children.
(2) Curriculums shall address the following:
(a) Identification of all forms of abuse, including but not limited to physical, emotional, economic, verbal, technology, and sexual abuse, and/or stalking, against a current or former intimate partner or family member;
(b) Impact of domestic violence on the victim and the abuser, including short and long-term effects;
(c) Impact of domestic violence on children, including children who are abused and children who witness domestic violence, including short and long-term effects;
(d) Identification of domestic violence as primarily a learned behavior;
(e) Emphasis on the responsibility of the batterer for his or her violence and abuse;
(f) Identification of personal beliefs and societal and cultural values that legitimize and sustain violence and oppression, including sporadic and systematic acts of retribution and punishment;
(g) Alternatives to violence and controlling behaviors;
(h) Identification and promotion of relationship dynamics based on equality;
(i) Attempts to improve participants' ability to identify, articulate, and express emotions in a non-threatening manner;
(j) Promotion of accountability, self-examination, negotiation, and fairness;
(k) Strategies to help participants develop and improve their support systems, and aid and encourage a violence-free life;
(l) The relationship between substance abuse, mental illness, and domestic violence; and
(m) Identification of the behavioral, emotional, and physical cues that may precede escalating violence.
(3) The Commission acknowledges and recognizes the views of prevailing, accepted research and literature, which suggests that men and women often use violence differently and that effective interventions for men and women need to be structured differently. Most curricula are specifically designed for males who use violence against their female intimate partners. A different Commission-approved curriculum shall be used or developed by an FVIP providing classes to women who use violence against their male intimate partners. FVIPs shall make reasonable efforts to be inclusive while following the established curriculum guidelines and principles. This means providing class content that respects participants' diverse backgrounds, including differences in culture, sexual orientation, and/or gender identity. The Commission will consider approving any curriculum that includes content addressing common issues associated with domestic violence as long as the content is intended for educational purposes and is not delivered, intended, or promoted as treatment.

Rule 105-3-.10 Prohibited Intervention Practices & Activities

(1) The following intervention practices are specifically prohibited in FVIPs:
(a) Any intervention approach that blames the victim or suggests that the victim's actions or behavior are responsible for the participant's conduct;
(b) Any intervention approach that treats the violence as a mutually circular process, minimizes the responsibility of the participant, or does not state clearly that participants bear sole responsibility for their choices;
(c) Any couples, marriage, or family therapy, counseling, or treatment;
(d) Any intervention approach that excuses a participant's violence and behavior;
(e) Any approach that coerces, mandates, encourages, or otherwise brings about the victim's participation;
(f) Any anger management techniques or interventions that identify anger as the cause of domestic violence;
(g) Any theories or techniques that identify psychopathology or substance abuse on the part of either party as the primary cause of domestic violence;
(h) Any intervention or approach whose goal is to preserve the relationship and/or the family at the expense of safety for partners or family, or whose doctrines promote an unequal distribution of power in the relationship, which threatens the civil and human rights of the victim;
(i) Any intervention that provides any form of advocacy for the participant that places the victim, current or former intimate partner, or family member at risk. Any action or inaction by the FVIP that reduces the likelihood of a participant facing appropriate consequences for their abusive behavior, or that increases the participant's chances of gaining privileges that could harm their partner or family;
(j) Use of theories or techniques that identify poor impulse control as the primary cause of violence;
(k) Any approach that attempts to use containment methods in an attempt to de-escalate the violence; and
(l) Online, web-based programming operated by any person not duly certified by the Commission, including pre-recorded, self-paced, or non-instructor-led FVIP classes, is prohibited. Any online FVIP classes must be conducted in live sessions with at least one (1) Commission-certified Facilitator and in accordance with these rules.

Rule 105-3-.11 Requirements of Commission-Approved Training

(1) Approval of Training. The Commission shall approve all training used to fulfill FVIP facilitators' training requirements for initial certification and recertification.
(2) Training Application Process. To be considered for approval to offer FVIP training, the following items shall be submitted to the Commission using the process designated in the Commission-created application. Applications must be received more than forty-five (45) calendar days before the first scheduled training.
(a) A completed and signed training proposal application form with all requested attachments;
(b) A detailed training agenda including a description of the training, learning objectives, the training's duration and number of parts/sessions, and training structure format (i.e., lecture, case study, interactive learning elements);
(c) A statement of the qualifications, biography, or curriculum vitae of the potential trainers and two (2) references or recorded samples that attest to the trainer's ability and experience;
(d) A training evaluation to be distributed to the training participants that meets the requirements outlined in the training application. Results must be made available to the Commission upon request;
(3) Application Fees. An application fee outlined in the application must be submitted with the application for approval. If no fee is being charged to training attendees, the applicant may request a fee waiver.
(4) Observation Agreement. All approved trainers must agree to allow Commission staff, its agents, and/or victim liaisons to observe and monitor the training at no cost.
(5) Approval. The Commission will approve training at its discretion, based on the training content and approval criteria detailed in the training application. Approval shall last for one (1) year from the date of written confirmation of approval from Commission, or the date of the purchase order for the training, whichever is later. Dates for approved training must be provided to the Commission no less than ninety (90) calendar days of the training.
(6) Advertisement Disclaimer. Training s approved by the Commission shall prominently display the following statement on their promotional material: "This training was approved by the Georgia Commission on Family Violence for __ training hours for FVIP Facilitators and/or Providers. The views, findings, conclusions, and recommendations expressed in this training are those of the trainer(s) and do not necessarily reflect the views of the Georgia Commission on Family Violence or the Department of Community Supervision."
(7) Documentation. A record of verified attendance must be sent to the Commission within thirty (30) calendar days following completion of the training event.
(8) Withdrawal of Approval. The Commission may withdraw training approval at any time at its discretion.
(9) Trainer Continuing Education Hours. No more than six (6) hours of the trainer's development and/or delivery of new Commission-approved training will count towards annual Facilitator continuing education.

Rule 105-3-.12 Family Violence Intervention Program Monitoring

(1) Monitoring Site Visits. FVIPs shall allow scheduled and unscheduled monitoring visits by Commission staff and/or designated monitors. Monitoring may consist of both administrative review and class observation. Monitoring visits may include audio recordings of FVIP classes to ensure program and Facilitator compliance with certification standards. Recordings may be conducted without prior notice.
(2) Records of Personnel and Contract Workers. FVIPs must maintain adequate documentation to ensure compliance with the minimum standards set forth in these rules. Programs and Facilitators shall allow Commission staff and/or designated monitors access to this documentation, even during an unscheduled monitoring visit. Programs must maintain personnel records for each FVIP employee and/or contract worker, except for the victim liaison.
(a) Each personnel file shall contain:
1. a copy of the facilitator's certification by the Commission,
2. the employee's and/or contract worker's name, address, email address(es), and phone number(s),
3. a signed job description,
4. a signed drug-free workplace policy statement,
5. a signed sexual harassment policy statement,
6. a signed violence-free lifestyle statement,
7. a signed employment contract (if applicable),
8. a verification of notice to the Commission of civil proceedings involving family violence and/or any criminal arrest (if applicable).

Rule 105-3-.13 Enforcement of Family Violence Intervention Program and Facilitator Requirements

(1) The Department has the authority to deny, suspend, and revoke certification of an FVIP Provider and/or Facilitator for noncompliance with these rules. Additionally, the Department shall have the authority to issue a notice of deficiency, suspend classes and other FVIP-related services, and impose administrative fines on FVIP Providers and/or Facilitators for noncompliance with requirements.
(2) If an FVIP and/or Facilitator is found to be in violation of these rules, the Department may issue a notice of deficiency via certified mail and the email address provided by the FVIP Provider and/or Facilitator in the Commission-designated reporting system. The notice of deficiency will detail the Department's findings regarding the FVIP Provider's and/or Facilitator's rule violations. Within ten (10) business days of receiving the notice of deficiency, the FVIP Provider and/or Facilitator shall submit proof to the Department of compliance with the rules or provide a corrective action plan ("CAP") detailing the process and date on which they will achieve compliance. The Department will determine whether the provided proof of compliance or corrective action plan is sufficient. If the FVIP Provider and/or Facilitator fail to provide timely proof of compliance or a sufficient CAP, the Department may assess an administrative fine, and/or suspend or revoke the FVIP Provider's or Facilitator's certification.
(3) In its discretion, the Department may impose suspension or revocation of certification or assess an administrative fine against an FVIP Provider and/or Facilitator. In considering which to impose, the Department may consider, at a minimum, the FVIP Provider's and/or Facilitator's history of compliance, the seriousness of the violations, whether the FVIP Provider and/or Facilitator voluntarily reported problems giving rise to any violation, and whether the FVIP Provider and/or Facilitator undertook good faith efforts to correct areas of noncompliance prior or subsequent to their discovery by the Department. Additional considerations are listed in the Department SOP.
(4) Grounds for denial, suspension, revocation of certification, or assessment of an administrative fine. The Department may also base the denial, suspension, revocation of certification or assessment of an administrative fine upon notice of deficiency or noncompliance with a failure to follow program rules or requirements as listed in sections , , and , or upon any of the following applicable grounds:
(a) Knowingly making any verbal or written false or misleading statement of material fact or omitting to state a material fact in connection with an application for certification or recertification or in connection with an inspection or investigation;
(b) Failing or refusing to provide Commission representatives with meaningful access to the FVIP premises, Facilitators, staff, participants, and/or records (including refusing to allow Commission representatives to obtain copies of documents reasonably necessary to reach a compliance determination;
(c) The applicant for certification or recertification having an overall poor record of compliance, including but not limited to denial of certification within the previous twelve (12) months, certification or licensure revocation at any time in the past in this or any other state, failure to complete certification requirements in a timely manner, or suspension within the previous two (2) years;
(d) Changing ownership of an FVIP to avoid or circumvent the denial, revocation, or suspension of certification;
(e) Altering or falsifying any personnel, participant, or program records;
(f) Failure or refusal by an FVIP Provider and/or Facilitator to remit to the Commission the required certification or participant fees as outlined in these rules; and
(g) Failing or refusing to comply with any of these rules, requirements, or violating any law relating to the operation of an FVIP.
(5) Administrative fines. The Department has the authority to assess an administrative fine, not to exceed $1,000.00 per violation, against any person, firm, or corporation that the Department determines to have violated any provision of Title 19, Chapter 13, Article 1A of the Official Code Georgia Code or any order, rule, or regulation promulgated thereunder. In determining the amount of the fine, the Department may consider the seriousness of the violation, whether the same or any other program requirement has been violated previously by the same program owner, director, or facilitator, and whether procedures designated to prevent the violation were in place and were followed.
(a) The Department shall have the authority to assess administrative fines for FVIP Providers and Facilitators as follows:

SCHEDULE OF ADVERSE ADMINISTRATIVE ACTIONS

Level of Offense

Description of Severity

Possible Adverse Action

Possible Administrative Fines

Level 1

Violations of administrative policies or classroom procedures.

1st and 2nd Offense:

- Notice of deficiency;

- Suspension;

- Fine

3rd Offense:

- Revocation

Up to $250.00 per violation

Level 2

Violations that compromise victim safety or the integrity of the FVIP program.

1st and 2nd Offense:

- Notice of deficiency;

- Suspension;

- Fine

3rd Offense:

- Revocation

Up to $500.00 per violation

Level 3

Violations that severely compromise victim safety or the integrity of the FVIP program.

1st Offense:

- Suspension;

- Revocation;

- Fine

Up to $1000.00 per violation

(6) Effectuation of Suspension or Revocation. If suspension or revocation of certification is imposed in accordance with the provision of Sec. 50-13-18 of the Georgia Administrative Procedures Act, the suspension or revocation becomes effective on the date indicated by the Department's order. Upon termination of any period of suspension, and upon a showing that the program has achieved full compliance with program requirements in addition to meeting any reinstatement requirements, the Department shall reissue the certification. However, nothing in these rules shall be construed to prevent the Department from denying program certification prior to any hearing on such action.
(7) Suspension enforcement for FVIP Providers will be as follows:
(a) Provider shall be removed from the Commission's website, certified FVIP list, and printed materials throughout the suspension term until it is completed and the Provider is duly reinstated.
(b) Suspend classes and/or intakes for a minimum of thirty (30) calendar days and a maximum of six (6) months.
(c) Notification by the Department to the local court administrator, Chief Superior Court Judge, Chief State Court Judge, Chief Magistrate Court Judge, Prosecutors' Offices, the Department, Victim Liaison, the Community Task Force on Family Violence, and other referral sources of the FVIP Provider's suspension period.
(d) The reinstatement fee will be $150.
(8) Suspension enforcement for FVIP Facilitators will be as follows:
(a) Facilitator shall be removed from the Commission's website, certified FVIP list, and printed materials throughout the suspension term until it is completed and the Facilitator is duly reinstated.
(b) Suspend facilitating classes and/or conducting intakes for a minimum of thirty (30) calendar days and a maximum of six (6) months.
(c) Notification by the Department to the local court administrator, Chief Superior Court Judge, Chief State Court Judge, Chief Magistrate Court Judge, Prosecutors' Offices, the Department, Victim Liaison, the Community Task Force on Family Violence, and other referral sources of the FVIP Facilitator's suspension period.
(d) The reinstatement fee will be $100.
(9) Revocation enforcement for FVIP Providers will be as follows:
(a) FVIP shall be removed from the Commission's website, certified FVIP list, and printed materials throughout the revocation term until the Provider's Certification status is restored in good standing.
(b) Suspend classes and/or intakes for a minimum of six (6) months and a maximum of 18 months. FVIP Provider must immediately cease offering or advertising FVIP classes and shall not conduct new intakes until certification is restored. Existing participants must be transferred to a different FVIP.
(c) Notification by the Department to the local court administrator, Chief Superior Court Judge, Chief State Court Judge, Chief Magistrate Court Judge, Prosecutors' Offices, the Department, Victim Liaison, the Community Task Force on Family Violence, and other referral sources of the FVIP Provider's revocation and reason.
(d) The good-standing restoration fee for FVIP Providers will be $200.00. This fee will be assessed in addition to any previously assessed recertification fees.
(10) Revocation enforcement for FVIP Facilitators will be as follows:
(a) Facilitator shall be removed from the Commission's website, certified FVIP Facilitator list, and printed materials throughout the revocation term until the Facilitator's Certification is restored and in good standing.
(b) Suspend facilitating classes and/or conducting intakes for a minimum of six (6) months and a maximum of 18 months. The Facilitator may not facilitate class or conduct any new intakes until certification is restored.
(c) Notification by the Department to the local court administrator, Chief Superior Court Judge, Chief State Court Judge, Chief Magistrate Court Judge, Prosecutors' Offices, the Department, Victim Liaison, the Community Task Force on Family Violence, and other referral sources of the FVIP Facilitator's revocation and reason.
(d) The good-standing restoration fee for Facilitators will be $150.00. This fee will be assessed in addition to any previously assessed recertification fees.
(11) Reapplying for certification after revocation. Once a certification has been revoked, a Provider may not reapply for certification until eighteen (18) months from the date of the revocation. The revocation date is the date of receipt of the revocation letter or the date a revocation appeal is denied, whichever is later. Reapplying for certification shall be subject to the same procedures as if the Provider were applying for certification for the first time. However, the Department may consider past violations of these rules in deciding whether to approve or deny certification reinstatement.

Rule 105-3-.14 Applicability of Administrative Procedures Act

All Enforcement actions resulting from the enforcement Chapter shall be administered in accordance with Chapter 13 of Title 50 of the Official Code of Georgia, the "Georgia Administrative Procedures Act." The Department shall notify the FVIP program and/or facilitator or program applicant of any intended enforcement action. Any such notice shall set forth the proposed action or actions and the factual and legal basis or bases therefor. An FVIP program and/or facilitator desiring a hearing in response to an enforcement action against it must make a request in writing and must submit the request to the Department no later than ten (10) calendar days from the date of receipt of any notice of intent by the Department to take an enforcement action.

Rule 105-3-.15 Severability

In the event that any rule, sentence, clause or phrase of any of these rules and regulations may be construed by any court of competent jurisdiction to be invalid, illegal, unconstitutional, or otherwise unenforceable, such determination or adjudication shall in no manner affect the remaining rules or portions thereof. The remaining rules or portions thereof shall remain in full force and effect, as if such rule or portions thereof so determined, declared, or adjudicated invalid or unconstitutional were not originally a part of these rules.