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Oklahoma Administrative Code (Last Updated: March 11, 2021) |
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TITLE 75. Attorney General |
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Chapter 25. Standards and Criteria for Batterers Intervention Programs |
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Subchapter 1. General Provisions |
SECTION 75:25-1-3. Definitions
Latest version.
- The following words or terms, when used in this chapter, shall have the defined meaning, unless the context clearly indicates otherwise:"Admission" means to accept a client for services."Americans with Disabilities Act of 1990" including, but not limited to the deaf and hard of hearing, blind, physically disabled, developmentally disabled, persons with disabling illness, and persons with mental illness. See "Americans with Disabilities Handbook", published by U.S. Equal Employment Opportunity Commission and U.S. Department of Justice."Assessment" means the process of evaluating an individual to determine needs for services and appropriateness of admission to the program."Batterer" means a person, male or female, who perpetrates domestic violence, stalking or other harassment against present or past intimate partners, another adult, emancipated minor or minor child, who are family or household members or who are or were in a dating relationship."Batterers Intervention Program" (BIP) means a status which is granted to an entity by the Oklahoma Office of the Attorney General. These services hold a batterer accountable for abusive behavior, provide consequences for engaging in ongoing violent or abusive behavior, provide monitoring of a batterer's behavior, and require the batterer to change battering behavior and attitudes. BIP's shall keep victim's safety in the forefront. Anger control or management, substance abuse treatment or mental health treatment alone or in combination with each other shall not constitute batterers intervention; neither of these interventions, alone nor in combination with each other, be utilized as the primary means of facilitating the required changes in behavior and attitudes."Battering" means a pattern of behavior used to establish power and control over another person through fear and intimidation, often including the threat or use of violence."Business day" shall mean a calendar day other than a Saturday, Sunday, or state holiday. In computing any period of time where the last day would fall on a Saturday, Sunday, or state holiday, the period shall run until 5:00 o'clock p.m. of the next business day."Certified batterers intervention program" Indicates approval to provide batterers intervention programs pursuant to 74 O.S. § 18p-6. In accordance with the Administrative Procedures Act, 75 O.S. § 250.3(8), certification is defined as a "license.""Child" or "Children" means any individual from birth to eighteen years of age."Client" means an individual who has applied for, is receiving or has received assistance or services of a batterer's intervention program."Client record" includes, but is not limited to, all communication, records and information on an individual client."Community" means the people, groups, agencies or other facilities within the locality served by the program."Coordinated Community Response Team" means a multi-disciplinary group of individuals from agencies and programs in the community whose purpose is to keep victims safe and hold batterers accountable."Counseling" means a method of using various commonly acceptable treatment approaches provided face-to-face by a behavioral health professional either licensed or under supervision for licensure as a Licensed Professional Counselor, Licensed Marriage and Family Therapist, Licensed Behavioral Practitioner, Licensed Clinical Social Worker, psychiatrist or psychologist with clients in individual, group or family settings to promote positive emotional or behavioral change. Counseling is goal directed and utilizes techniques such as cognitive behavioral treatment, narrative therapy, solution-focused brief therapy, psycho-educational interventions or another widely accepted theoretical framework for treatment."Critical incident" means an occurrence or set of events inconsistent with the routine operation of the facility, or the routine care of a client. Critical incidents specifically include but are not necessarily limited to the following: adverse drug events; self-destructive behavior; deaths and injuries to clients, personnel, volunteers and visitors; incidents involving medication; neglect or abuse of a client; fire; unauthorized disclosure of information; damage to or theft of property belonging to a client or the facility; other unexpected occurrences; or events potentially subject to litigation. A critical incident may involve multiple individuals or results."DVSA" means domestic violence and sexual assault."Documentation" means the provision of written, dated and authenticated evidence to substantiate compliance with standards, e.g., minutes of meetings, memoranda, schedules, notices, logs, records, policies, procedures, announcements, correspondence, and photographs."Domestic violence" means a pattern of abusive behavior in any relationship that is used by a batterer to gain or maintain power and control over a current or former partner or family member. Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone."Education" means the dissemination of relevant information specifically focused on increasing the awareness of the community and the receptivity and sensitivity of the community concerning domestic violence, sexual assault or batterer's intervention and other related problems and services and may include a systematic presentation of selected information to impart knowledge or instructions, to increase understanding of specific issues or programs, to examine attitude or behaviors and stimulate social action or community support of the program and its clients."Executive Director" means the person hired by the governing authority to direct all the activities of the organization. May be referred to as "Chief Executive Officer"."Facility" means the physical location(s) of a certified program governed by this chapter of Title 75."Family" means the children, spouse, parents, brothers, sisters, other relatives, foster parents, guardians and others who perform the roles and functions of family members in the lives of clients."Intake" means the process of obtaining written information about a client for entry into services, obtained by the program at time of admission."Lethality risk indicators" means evidence-based risk factors commonly associated with lethal intimate partner violence such as those listed in 21 O.S.§ 142A-3:(A) Has the person ever used a weapon against the victim or threatened the victim with a weapon?(B) Has the person threatened to kill the victim or children of the victim?(C) Does the victim think the person will try to kill the victim?(D) Has the person ever tried to choke the victim?(E) Is the person violently or constantly jealous or does the person control most of the daily activities of the victim?(F) Has the victim left or separated from the person after living together or being married?(G) Is the person unemployed?(H) Has the person ever tried to kill himself or herself?(I) Does the victim have a child that the person knows is not his or her own child?(J) Does the person follow or spy on the victim or leave the victim threatening messages?(K) Is there anything else that worries the victim about his or her safety and if so, what worries the victim?"Licensure" means the official or legal permission to persons or health facilities meeting qualifications to engage in a given occupation or use a particular title."Mental health services" means a range of diagnostic, therapeutic, and rehabilitative services used in treating mental illness or emotional disorders, including substance abuse."Neglect" means failing to provide adequate personal care or maintenance, or access to medical care which results or may result in physical or mental injury or harm to a client."Non-abusive behavior"means behavior that is absent of violence, coercion, control or abuse."OAG" means the Oklahoma Office of the Attorney General."Objectives" means a specific statement of planned accomplishments or results which are quantitative, qualitative, time-limited and realistic."Oklahoma Administrative Code" or "OAC" means the publication authorized by 75 O.S. § 256 known as The Oklahoma Administrative Code, or, prior to its publication, the compilation of codified rules authorized by 75 O.S. § 256(A) (1) (a) and maintained in the Office of Administrative Rules."Operation" means that clients are receiving services provided by the program."Personnel record" means a file containing the employment history and actions relevant to individual personnel and volunteer activities within an organization such as application, evaluation, salary data, job description, citations, credentials, etc."Persons with special needs" means persons with a condition which is considered a disability or impairment under the"Policies" means statements of program intent, strategy, principle, or rules for providing effective and ethical services."Procedures" means the standard methods by which policies are implemented."Program" means a set of activities designed and structured to achieve specific objectives relative to the needs of the clients."Program evaluation" means the documented assessment activities, performed internally or externally, of a program or a service and its staff, activities and planning process to determine whether program goals are met, staff and activities are effective, and what effect, if any, a program or service has on the problem which it was created to address or on the population which it was created to serve."Program goals" means broad general statements of purpose or intent."Screening" means the process of determining, preliminarily the nature and extent of a person's problem in order to establish the service needs of an individual. At a minimum, a screening shall include a brief personal history related to abuse, a review of the individual's strengths and resources, risk factors and referral needs."Service Agreement" means a written agreement between service agencies and/or individual service providers defining the roles and responsibilities of each party to promote coordination and integration of service."Service note" means the documentation of the time, date, location and description of services provided, and signature, including electronic signature, of staff or volunteer providing the services."Staff" means personnel that function with a defined role within the program whether full-time, part-time or contracted."Victim" is an individual against whom the batterer perpetrates domestic violence. Individuals may include partners, former partners, children and other family or household members."Volunteer" means any person who is not on the program's payroll, but provides either indirect or direct services and fulfills a defined role within the program and includes interns and practicum students.