SECTION 75:25-3-4.2. Victim safety and confidentiality

(a)   Victim Safety. Whereas confidentiality is a fundamental underpinning of services for victims of domestic violence, limited confidentiality is critical in batterer's intervention services. Victim safety shall supersede all consideration of batterer confidentiality for court referred and non-court referred clients.

(b)   There shall be a written, cooperative, accountable working relationship between the batterers intervention program and the local OAG certified DVSA victim service provider(s) so potential victims and others are warned of imminent danger.

(c)   Initial victim and current partner (if different from the victim) notification shall be attempted via telephone when the batterer has been accepted or denied admission to the program. Efforts to locate and notify the victim, current partner or the victim's advocate shall be attempted at least three (3) times within 7 business days of acceptance or rejection to the program. Upon making contact with the victim and current partner, the victim and current partner shall be informed of OAG certified victim services, notified of the assessment results, reason for rejection if applicable, perceived areas of concern which may include, but are not limited to substance abuse and/or mental health concerns, and specific lethality risk indicators. Efforts shall be documented in a separate file, which may include an electronic file. All victim and partner information shall be confidential and shall not be disclosed to the batterer or documented in the batterer's client file.

(d)   After the initial victim and current partner notification, the batterer's intervention program shall maintain contact with the victim or partner at the victim or partner's discretion. If the victim or partner elects not to receive and/or provide information, the program is still required to notify the individual in the case of imminent threat or danger to the victim or partner's safety, or that of any other persons.

(e)   If the victim and partner (if different than the victim) elects to receive information after initial notification by the program, at a minimum, notification is required when:

(1)   the batterer begins attending the intervention program;

(2)   the batterer terminates the intervention program for completion or other reasons, such as noncompliance; and

(3)   there is an imminent threat or danger to the safety of persons or animals.

(f)   The efforts to locate and notify the victim and current partner (if different than the victim) shall be documented.

(g)   Compliance with 75:25-3-4.2 shall be determined by a review of program policy and procedures; client records; service agreements; and /or other program documentation.

[Source: Added at 35 Ok Reg 871, eff 9-14-18]