Chapter 105-3 FAMILY VIOLENCE INTERVENTION PROGRAM
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.
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. § 19-13-10, et seq. These rules shall remain in effect until adoption of new rules and regulations under the Board of Community Supervision.
|(a)||"Candidate" means a person who is ordered or self-referred to complete a Family Violence Intervention Program.|
|(b)||"Certification fee" means the fee that is assessed by the Commission for consideration of an application for program certification or facilitator certification.|
|(c)||"Class" means a group of participants who are simultaneously participating in a Family Violence Intervention Program.|
|(d)||"CJCC" means Criminal Justice Coordinating Council.|
|(e)||"Commission" means the Georgia Commission on Family Violence.|
|(f)||"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.|
|(g)||"Department" means the Georgia Department of Community Supervision.|
|(h)||"Domestic violence" refers to physical, emotional, economic, sexual and verbal abuse, coercive control, stalking, and violence or threats of violence against an intimate partner, property or others.|
|(i)||"Facilitator" means a Family Violence Intervention Program group leader who is certified pursuant to these rules.|
|(j)||"Facilitator Trainee" means a person who is in the process of completing the facilitator certification requirements.|
|(k)||"Family violence" means the occurrence of one (1) or more of the following acts between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household: Commission of the offense of battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, criminal trespass or any felony.|
|(l)||"Family Violence Intervention Program" or "FVIP" means any program which is certified pursuant to these rules.|
|(m)||"Family" or "household member" means past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household.|
|(n)||"Intimate partner" refers to a current or former spouse, domestic or dating partner, significant other, boyfriend, or girlfriend.|
|(o)||"Lateness" means arriving to a class after the class has started at its scheduled time.|
|(p)||"Monitor" means an agent of the Commission trained and authorized to conduct monitoring of facilitators, class content, and the administrative and/or programmatic requirements of FVIPs.|
|(q)||"Participant" means a person who is enrolled in a Family Violence Intervention Program.|
|(r)||"Person" means any individual, agent, representative, governing or operating authority, board, organization, partnership, agency, association, corporation, or other entity, whether public or private.|
|(s)||"Program Owner" means owner designated on the FVIP certification and recertification application.|
|(t)||"Provider" means a certified FVIP provider (certified facilitator and program) whose purpose is to rehabilitate family violence offenders.|
|(u)||"SOP" means a standard operating procedure of the Department.|
|(v)||"Trainer" means a person providing Commission-approved training that may be credited toward the training and continuing education requirements for facilitators.|
|(w)||"Victim" means the family member, household member or intimate partner against whom a participant has committed, or is committing, acts of family violence or domestic violence.|
|(x)||"Victim liaison" means a victim advocate who works in a CJCC-certified program or Commission-approved domestic violence organization that primarily serves victims of family violence or domestic violence and has received domestic violence victim safety training, and who shall be paid and subcontracted by the FVIP.|
No person shall own or operate an FVIP or facilitate an FVIP class without being certified by the Commission as set forth herein in these rules. The failure or refusal to apply for and maintain certification shall subject the FVIP owners, operators and facilitators to sanctions provided in these rules. All applications for certification and recertification must be submitted as required to the Commission, and must be truthful, accurate, and complete.
|(a)|| Limitations on
eligibility for FVIP Certification and Facilitator Certification:
|(1)|| Initial Facilitator Certification
Recertification Requirements for Family Violence Intervention Program
Facilitators. Once certified, a facilitator shall remain certified 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.
|(3)|| Notice of Approval or Denial
of Facilitator Certification and Recertification.
|(1)|| Initial FVIP
Recertification Required. Once certified, an FVIP shall remain certified for
two (2) years as long as the program remains in compliance with applicable laws
and rules. Recertification every two (2) years is required for FVIP programs in
order to continue to hold FVIP classes. The failure or refusal to maintain
certification with the Commission while holding FVIP classes shall subject the
program or individuals to sanctions provided in these rules.
|(3)|| Notice of Approval or Denial of FVIP
Certification and Recertification.
|(4)||Certification Nontransferable. Certification of a program is nontransferable. If there is a change in program ownership, an application for initial certification shall be submitted to the Commission by the proposed program provider at least sixty (60) calendar days prior to the effective date of any change in program ownership. New FVIP providers must meet all certification requirements.|
|(1)|| Program Orientation Requirements.
|(2)|| Participant Fee Requirements.
|(3)|| Participant Contract Requirements.
|(4)|| Required Class Structure.
|(5)|| Prohibited Class Activities.
and Procedures for Program Completion.
|(7)|| Criteria and
Procedures for Terminating a Participant or Denying Enrollment of a Candidate.
|(1)|| Monthly Reporting and Payment
Requirements to the Commission.
|(1)|| All FVIPs shall establish and comply with
a written curriculum. Written curriculums must follow an educational model and
include content for weekly sessions. FVIPs shall make all written curriculum
available to the Commission and victim liaisons upon request. Best practice
curriculums are included in the Department SOP. Curriculums must adhere to the
following principles regarding family and domestic violence:
Curriculums shall address the following:
|(3)||The Commission recognizes that men and women often use violence differently and that interventions for men and women need to be structured differently. Most curriculums are specifically designed for men who batter their intimate women partners. A different curriculum shall be used or developed by an FVIP providing classes to women who use violence against their intimate partners.|
|(1)|| The following intervention practices are
specifically prohibited in FVIPs:
|(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, the following items shall be sent to the Commission
using the process designated in the application created by the Commission.
Applications must be received prior to forty-five (45) calendar days of the
first scheduled training.
|(3)||Application Fees. An application fee outlined in the application must be submitted with the application for approval. If no fee is being charged for training attendees, the applicant may request this fee be waived.|
|(4)||Agreement. All trainer applications must agree to allow Commission staff or monitors and/or victim liaisons to observe and monitor the training at no cost.|
|(5)||Approval. The Commission will approve training at its discretion based upon training content and approval criteria detailed in the training application. Approval shall last for one (1) year.|
|(6)||Advertisement. Trainings approved by the Commission shall display the following information on their promotional material: "This training was approved by the Georgia Commission on Family Violence for __ training hours for FVIP facilitators. 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."|
|(7)||Documentation. Sign in sheets must be sent to the Commission within thirty (30) calendar days of completion of the training event.|
|(8)||Withdrawal of Approval. The Commission may withdraw training approval at any time at its discretion.|
|(9)||Continuing Education Hours. No more than six (6) hours of the development and/or delivery of new Commission-approved training will count towards annual facilitator continuing education.|
|(1)||Monitoring Site Visits. FVIPs shall allow scheduled and unscheduled monitoring visits by Commission staff and/or designated monitors or a victim liaison. Monitoring may consist of both administrative review and class observation. Monitoring visits may include audio recordings of FVIP classes for the purpose of ensuring program and facilitator compliance with certification standards; such recordings may be conducted without prior notice.|
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 access to this
documentation, even in the event of an unscheduled monitoring visit. Programs
are required to maintain personnel records for each FVIP employee and/or
contract worker, excluding the subcontracted victim liaison.
|(1)||The Department has the authority to deny, suspend, and revoke certification of an FVIP and/or facilitator for noncompliance with these rules. Additionally, the Department shall have the authority to issue a notice of deficiency, suspend classes, intakes, or all services, and impose administrative fines on FVIPs 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 and/or facilitator in the Commission designated reporting system. The notice of deficiency will detail the Department's findings and the FVIP's and/or facilitator's rule violations. Within ten (10) business days of receipt of the notice of deficiency, the FVIP and/or facilitator shall return proof to the Department that they are in compliance with the rules or provide a corrective action plan detailing the process and date in which they will reach compliance. The Department will determine if the proof of compliance or corrective action plan provided by the FVIP and/or facilitator is sufficient. If the FVIP and/or facilitator fail to provide proof of compliance or a sufficient corrective action plan, the Department may assess an administrative fine against the FVIP and/or facilitator, suspend the FVIP and/or facilitator's certification, or revoke the FVIP and/or facilitator's certification.|
|(3)||The Department, in its discretion, may choose to impose suspension or revocation of certification, or the assessment of an administrative fine against an FVIP and/or facilitator. In considering which to impose, the Department may consider, at a minimum, the FVIP's and/or facilitator's history of compliance, the seriousness of the violations, whether the FVIP and/or facilitator voluntarily reported problems giving rise to any violation, and whether the FVIP and/or facilitator exhibited 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 105-3-.07, 105-3-.08, 105-3-.09 and 105-3-.10, or upon any
of the following applicable grounds:
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 the 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
|(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 Programs will be as follows:
enforcement for FVIP Facilitators will be as follows:
enforcement for FVIP Programs will be as follows:
enforcement for FVIP Facilitators will be as follows:
|(11)||Reapplying for certification after revocation. A program that has had its certification revoked may not reapply for certification for eighteen (18) months from the date of the revocation. The date of a revocation 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 program were applying for certification for the first time. However, the Department may consider a program's past violations of these rules in deciding whether to approve or deny recertification.|
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.
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.