AUTHORITY: Implementing the Domestic Violence Act [750 ILCS 60], the Domestic Violence Shelters Act [20 ILCS 1310/3], the Code of Criminal Procedure [725 ILCS 5] and the Unified Code of Corrections [730 ILCS 5].

SOURCE: Adopted at 25 Ill. Reg. 6468, effective April 28, 2001; amended at 26 Ill. Reg. 9830, effective June 24, 2002; old Part repealed at 38 Ill. Reg. 22665 and new Part adopted at 38 Ill. Reg. 22667, effective November 19, 2014.

SUBPART A: GENERAL PROVISIONS

 

Section 501.10  Definitions

 

"Anger Management" – A cognitive restructuring program appropriate for perpetrators of stranger or non-intimate violence only.  Violence is related to lack of control over anger or lack of coping skills and not an intentional strategy for gaining power and control over an intimate partner.

 

"DCFS" − The Illinois Department of Children and Family Services.

 

"Department" – The Illinois Department of Human Services.

 

"Domestic Violence Victim Services Program" – A program funded by the Department and established under the Illinois Domestic Violence Act of 1986 [750 ILCS 60].

 

"Facilitators" – persons who guide group discussions with, and/or present educational material to, participants of Partner Abuse Intervention Programs.  Facilitators must be trained according to the guidelines indicated in this Part.

 

"Intimate Partner Violence" – Includes physical, sexual or psychological harm by a current or former partner (dating or cohabitation relationship) or spouse.  This type of violence can occur among heterosexual or same-sex couples and does not require sexual intimacy.

 

"Intimate Partner Violence Risk Assessment" − The formal application of instruments to assess the likelihood that intimate partner violence will be repeated and escalated. The term is synonymous with dangerousness assessment and encompasses lethality assessment, the use of instruments specifically developed to identify potentially lethal situations.

 

"Participants" – Individuals who, because of partner abuse, have been convicted of crimes, those who could have been convicted of crimes had they been prosecuted, or those who could have been prosecuted had they been arrested, or whose conduct has not been criminal but who use tactics to exert power over, or to control, their intimate partner, such as, but not limited to, psychological, economic or sexual abuse. These individuals have been ordered by the court or DCFS, or referred by another entity such as a substance abuse or mental health agency, to attend Partner Abuse Intervention Programs or have voluntarily chosen to attend those programs.

 

"Partner Abuse Intervention Program" or "PAIP" – A program that works with participants to assist them in recognizing and understanding behaviors that lead to violence directed at their partners. The primary modality for intervention is a psycho-educational group. PAIPs can be part of private therapeutic practices or multi-service agencies or can be programs dedicated entirely to working with abusers.

 

"Partner Abuse Services Committee" or "PASC" – A committee of the Department's Domestic Abuse Advisory Council (see 89 Ill. Adm. Code 130.200(d)) that assists in creating the partner abuse intervention protocols used in this Part.

 

"Protocols" – A set of program guidelines developed by the Department and the PASC to direct the work of Partner Abuse Intervention Programs.  This Part establishes the protocols as program requirements.

 

"Protocol Application" – An application a program must submit to the Department for determination of compliance with this Part.

 

"Protocol Approved PAIP" – PAIPs determined by the Department to be in compliance with the program requirements of this Part.

 

"Screening" – The initial process in determining whether an individual is appropriate for participation in a partner abuse intervention program.  See Section 501.115 for specific requirements for screening.

 

"Victim of Domestic Violence" – A victim of violence from a family or household member, including spouses, former spouses, parents, children, stepchildren and other persons related by blood or by present or prior marriage, persons who share or formerly shared a common dwelling, persons who have or allegedly have a child in common, persons who share or allegedly share a blood relationship through a child, persons who have or have had a dating or engagement relationship. 

 

"Victim of Intimate Partner Violence" – An adult or a minor involved in a relationship of an intimate nature (dating or engagement relationship, cohabitation or marriage) against whom an individual has perpetrated intimate partner violence.

 

Section 501.20  Introduction

 

The Department utilizes protocols (see Appendix A) to direct the work of all DHS approved Partner Abuse Intervention Programs (PAIPs). This Part establishes those protocols and identifies specific requirements for programs that work with individuals who commit intimate partner violence. To be approved as compliant with this Part, PAIPs must comply with Subpart B. PAIPs work with individuals who, because of their abusive acts, have been convicted of crimes, those who could have been convicted of crimes had they been prosecuted, or those who could have been prosecuted had they been arrested. A list of PAIPs determined to be in compliance with Subpart B is made available to the Illinois courts via the Internet (www.state.il.us/agency/dhs) and is updated semiannually.  The Illinois courts may use this list to refer individuals to approved PAIP programs.

 

Section 501.30  Purpose and Principles

 

a)         The purposes of this Part are:

 

1)         To ensure the safety and rights of victims and their children;

 

2)         To ensure that perpetrators are held accountable for their abusive behavior;

 

3)         To reduce and prevent intimate partner violence through effective intervention programs;

 

4)         To ensure perpetrators are appropriately screened and receive PAIP services that are effective and promote change;

 

5)         To ensure that PAIPs make appropriate service recommendations to address issues identified by screening;

 

6)         To ensure that current, appropriate intervention methods are used in PAIP programs;

 

7)         To inform the public about the nature of services and program requirements of PAIPs; and

 

8)         To encourage statewide communication and interaction among service providers and related agencies towards the goal of ending intimate             partner violence.

 

b)         The principles supporting PAIPs include:

 

1)         The safety and rights of victims must be the highest priority of all who work with perpetrators of intimate partner violence.

 

2)         The goal and purpose of a PAIP is strictly the cessation of intimate partner violence, not the saving or ending of relationships.

 

3)         Violence, abuse and controlling behavior can never be condoned under any circumstances.

 

4)         Perpetrators of intimate partner violence are a separate category of offenders requiring a specialized approach.  If they are guilty of other offenses, their intimate partner violence must be addressed separately.

 

5)         Perpetrators are capable of making nonviolent, nonabusive and noncontrolling behavioral choices.

 

6)         Perpetrators must be held fully accountable for the emotional, social and economic costs of their violent, abusive and controlling behavior, including sanctions at both the criminal justice and community levels.

 

7)         PAIPs must provide separate services for male, female and same-sex offenders to ensure safety and the use of appropriate interventions.

 

8)         PAIPs support community efforts that enable partner abuse victims to leave abusive relationships.

 

9)         The traumatic impact incurred by victims of intimate partner violence, as well as the risk of further harm to those victims, must always be of utmost consideration when making PAIP program decisions.

 

10)       PAIPs must respect the rights and individuality of all participants, including not discriminating on the basis of race, color, religion, gender, national origin, ancestry, age, physical or mental disabilities, sexual orientation, or economic circumstances.

 

11)       PAIPs must remain current in following evidence-based practices that are based on current knowledge regarding the causes, dynamics and cessation of intimate partner violence.

 

12)       PAIPs must strive to reflect the cultural diversity of the communities they serve in both program content and staffing patterns.

 

Section 501.40  Protocol Application Process

 

a)         Protocol applications from PAIPs seeking approval must be submitted to the Department.  The Department will publish lists of approved PAIPs via the Internet (www.state.il.us/agency/dhs) semiannually.  The Department will notify listed programs of renewal dates and procedures.

 

b)         All protocol applications will be reviewed by the Department and the PASC of the Department's Domestic Violence Advisory Council.  Committee members will make recommendations to the Department regarding the PAIP's compliance status, but the Department will make the final decision regarding approval.

 

c)         Each PAIP that submits a completed, signed protocol application will be notified, in writing, of the Department's disposition.  Should the application not satisfactorily meet the Department's expectations, the Department will outline areas of non-compliance in the denial letter. 

 

d)         PAIP applicants that are denied may resubmit the application once identified noncompliance areas have been addressed.

 

Section 501.50  Appeal Grievance Procedures

 

Should a PAIP wish to appeal the decision made by the Department, the PAIP must submit a written grievance to the Department within 30 calendar days after the denial of the application or removal from the protocol approved list. The Department, upon receipt of the written grievance, will respond within 45 calendar days. The decision of the Department will be final. This process is not subject to the Administrative Review Law [735 ILCS 5/Art. III].

 

Section 501.60  Case-by-Case Resolution

 

Each grievance will be considered and resolved based on materials submitted by the grievant. Disposition of a grievance, whether through the granting of requested relief or otherwise, shall not constitute a precedent on which any other grievant should rely.

 

Section 501.70  Monitoring and Technical Assistance

 

a)         The Department will monitor and provide technical assistance to PAIPs to ensure the programs' continued compliance with this Part.  To remain protocol approved, programs must:

 

1)         cooperate with the Department's technical assistance and monitoring process that may include desk reviews, site visits, service reports and other measures designed to assess adherence to protocols;

 

2)         notify the Department of program and staff changes within 30 days after the change; and

 

3)         develop written policies and procedures that address all Sections in Subpart B to support protocol compliance.

 

b)         PAIPs found not to be in compliance with the State program requirements will be required to submit a corrective action plan for approval and implement the approved plan to remain on the DHS protocol approved list. A PAIP removed from the DHS protocol list due to noncompliance with the program requirements may appeal the decision as outlined in Section 501.50.  Any exception to the program requirements must be reviewed and approved by the Department and the PASC.

SUBPART B: PROGRAM REQUIREMENTS

 

Section 501.80  Design

 

PAIPs must be designed to address violent and abusive behavior in the context of the program requirements set forth in this Subpart.  The program design, implementation and staff competency must take into account the specific needs of the population served and the communities where services are delivered, and program staff are to be knowledgeable of both issues.

 

Section 501.90  Educational Component

 

a)         Format and Structure

PAIP staff shall conduct in-person psycho-educational based groups that work with participants to assist them in recognizing and understanding their beliefs and behaviors that lead to violence toward their intimate partners. Group format must include informational presentations, opportunities for application of skills, such as role-playing and homework assignments, and assessment of participant progress. Participants must attend no fewer than 24 sessions, conducted weekly, for a minimum of 36 hours of direct program contact that does not include intake/screening. Up to 4 individual sessions may be included, but all remaining hours must be group work unless individual circumstances or insufficient numbers contraindicate group involvement.  Rationale for exceeding the four individual sessions must be documented and available for review.

 

b)         Content

Educational content must be consistently and directly tied to intimate partner violence. General concepts or skill-building without a connection to intimate partner violence are not appropriate.  Educational content includes lecture materials, group activities, homework assignments and media resources.

 

1)         PAIPs must educate participants about the causes, forms and effects of intimate partner violence. Emphasis on learning to respect the partner's preferences with regard to intimate activities and respect for the gender of the partner, non-physical forms of violence, intentionality of violence, and impact on children must be included.

 

2)         PAIPs must provide participants with skills for handling conflict that promote safety. 

 

3)         PAIPs must promote attitudes that are associated with non-abusive behavior and challenge attitudes that are associated with abusive intimate partner behavior.

 

4)         PAIPs must contain components that assist participants to develop skills for nonabusive behavior and equal partnerships. These components include, but are not limited to:

 

A)        Recognition and identification of abusive behaviors;

 

B)        Non-abusive and respectful conflict resolution;

 

C)        Assertive, non-aggressive communication;

 

D)        Achievement and maintenance of healthy and nonabusive intimate relationships;

 

E)        Achievement and maintenance of healthy and nonabusive parenting;

 

F)         Understanding the impact on children of witnessing intimate partner violence, including developmental and emotional effects; and

 

G)        Understanding the use of children as part of manipulation or coercion against partners.

 

c)         Inappropriate Intervention Models

 

1)         The following models are inappropriate for use as partner abuse intervention and are not permitted: 

 

A)        Models that include or allow couples and family counseling and therapy. 

 

B)        Models that require the victim to attend counseling as a condition of service for the participant.

 

C)        Models that deny a participant's personal responsibility for violence, abuse and controlling behavior. Perpetrators are responsible for their violent, abusive and controlling behavior. Abuse is not caused by factors such as stressors or alcohol or drug use, or by the victim.

 

D)        Models that encourage the expression of rage.

 

E)        Anger management techniques that place primary causality on anger and/or are the sole intervention rather than one part of a comprehensive approach.

 

F)         Approaches that identify and treat intimate partner violence as an addiction or mental illness and the victim as enabling or co-dependent in the violence.

 

G)        Theories or techniques that identify poor impulse control as the primary cause of the violence.

 

H)        Pastoral counseling.

 

I)         Models that fail to approach substance abuse and partner abuse as separate issues.  Protocol approved programs must approach these two issues as separate and distinct disciplines that involve separate accountability.

 

2)         If a PAIP program works within an agency that also offers anger management classes and/or family/marriage programs, the PAIP staff must work with these programs to establish policies and procedures that include screening for intimate partner violence and referral to appropriate intervention services.  This separation of services and application of appropriate intervention will be addressed as a part of the Department's monitoring and technical assistance.

 

d)         Facilitator Teams and Group Composition

 

1)         Groups must be conducted by two facilitators.

 

2)         Former perpetrators of intimate partner violence may co-facilitate after being abuse-free for a minimum of five years, but only with another facilitator who has no history of violence perpetration in his or her own life. Verification of current nonviolence must be obtained in such a way that any partner or former partner of the facilitator does not have his or her safety compromised.  Programs must keep this verification on file. 

 

3)         Group participants must all be of the same gender. 

 

4)         The group composition (age, size, gender and sexual orientation) must be appropriate to the intervention strategies.  Group size must not exceed 15 participants. 

 

5)         Co-facilitation team composition shall mirror the intimate partner relationship of participants.

 

6)         Co-facilitation team composition shall mirror the race, ethnicity and cultural considerations of the population served.  At a minimum, the staffing team must be culturally competent.

 

e)         Compliance with this Section will be assessed by the Department through the monitoring and technical assistance outlined in Section 501.70. Documentation of compliance with this Section must be contained in PAIP files and available for review.

 

Section 501.105  Service Coordination

 

PAIP services must work closely with other entities to fully address intimate partner violence. Coordination of services is essential to abuser accountability and victim safety. 

 

a)         PAIPs are responsible for reaching out to domestic violence victim service programs to establish and maintain cooperative working relationships in order to establish accountability for perpetrators and ensure safety for victims. The cooperative relationships shall incorporate one or more of the following activities:

 

1)         Solicit and consider domestic violence victim services programs' input and direction on PAIP programmatic decisions.

 

2)         With the assistance of domestic violence victim service programs, develop policies governing PAIPs that are in addition to the program requirements of this Subpart.

 

3)         Develop a process for responding to the victim's use of violence and engagement in appropriate services.

 

4)         Hold periodic meetings with domestic violence victim service programs to discuss mutual problems and concerns such as monitoring, influencing the criminal justice system, safety issues and programmatic changes.

 

5)         The two programs will provide feedback on each other's program and community issues.

 

6)         Invite domestic violence victim service program staff to ongoing case review meetings for consultation, subject to the limitations of Section 501.210.

 

7)         Invite a representative of the domestic violence victim service program to serve on the PAIP's Board of Directors or Advisory Board.

 

8)         Facilitate group sessions at a victim services agency to educate victims about abuser services and importance of abuser accountability.

 

9)         Participate in cross-training of staff with the domestic violence victim service program.

 

10)         Contribute to public awareness of the seriousness of intimate partner violence and coordinate public education and other prevention efforts with domestic violence victim services.  Appropriate activities include health fairs, marches, educational materials and community presentations.

 

b)         PAIPs must work closely with the criminal justice and child welfare systems to develop procedures for ensuring that abusers receive appropriate services and victim safety is not compromised.  This collaborative initiative includes:

 

1)         Law enforcement;

 

2)         Prosecution;

 

3)         Judiciary and probation;

 

4)         Correctional facilities or parole;

 

5)         Public defenders and local defense bar association; and/or

 

6)         Child protective service agencies.

 

c)         PAIPs must also collaborate with other individuals and agencies addressing other abuser service needs, such as:

 

1)         Substance abuse treatment providers;

 

2)         Mental health agencies;

 

3)         Medical personnel;

 

4)         Public health agencies;

 

5)         Any other agency involved in the delivery of services to participants, victims and other children;

 

6)         Agencies who provide services to LGBT individuals;

 

7)         Other community service organizations; and/or

 

8)         State and local coalitions, such as the Illinois Coalition Against Domestic Violence (ICADV), Family Violence Coordinating Councils and community task forces.

 

d)         Reasons for failure to maintain compliance with this Section must be documented in program records.

 

Section 501.115  Intake Process/Intake Screening and Key Documents

 

a)         The screening process is key to providing effective partner abuse services. 

 

1)         PAIP participants must be individuals who are perpetrators of intimate partner violence.  Individuals who are generally violent, have perpetrated violence against someone other than an intimate partner, or are victims of domestic abuse are not eligible for services within a PAIP. 

 

2)         An individual, face-to-face screening is the method used to ensure that participants meet the eligibility requirements. 

 

3)         Intake must determine whether an individual can appropriately participate in and benefit from PAIP services. 

 

4)         The screening provides the opportunity to gain a picture of the person's pattern of behavior within intimate relationships, rather than solely focusing on the precipitating incident that led to referral for PAIP services. 

 

5)         The screening also allows program personnel to identify other issues that may need to be addressed, such as substance abuse and mental illness. An assessment, or clinical methods that lead to a clinical diagnosis, and treatment recommendations are typically beyond the scope of PAIPs.

 

b)         At intake, a screening of the participant must be conducted and documented, and must include, but not be limited to, the following:

 

1)         Obtaining general identification and demographic data:

 

A)        Date of screening;

 

B)        Age;

 

C)        Race/ethnicity;

 

D)        Address;

 

E)        Telephone number;

 

F)         Marital status;

 

G)        Number of children;

 

H)        Educational level;

 

I)         Employment;

 

J)         Income; and

 

K)        History of military service/law enforcement.

 

2)         Obtaining information from various sources related to referral source, reason for referral, and PAIP determination on appropriateness of referral:

 

A)        Source of referral;

 

B)        Charge type;

 

C)        Description of offense related to referral;

 

D)        Abuser's relationship to victim and current living status;

 

E)        If repeating the program, number of times;

 

F)         If refused, reason for refusal;

 

G)        If services are inappropriate, reason for referral to other services and type of referral; and

 

H)        If offender previously participated in PAIP services, assessment, progress reports, reason for discharge and any other information relevant to determining eligibility for PAIP.

 

3)         Obtaining information regarding criminal history and pending court actions that must include, unless otherwise noted in the record:

 

A)        Record of legal status (convictions, court dates, etc.);

 

B)        Arrest records;

 

C)        Police reports;

 

D)        Repeat offenses and dispositions, by category of offense; and/or

 

E)        Copies of court orders, orders of protection and any other legal documents.

 

4)         Obtaining from the participant a descriptive history of both perpetration and experience of violence in intimate partner relationships and details of the precipitating incident.  Intimate partner relationship history and precipitating incident must be considered in determining appropriateness for PAIP services. 

 

A)        Assessing for issues of current or prior intimate partner violence perpetration by obtaining a detailed history of intimate relationships.

 

B)        Assessing for issues of current or prior intimate partner violence by exploring areas of fear and lack of autonomy.

 

C)        Identifying the primary aggressor of the relationship and referring victims to victim services. 

 

5)         Obtaining from the participant information about other abusive behaviors outside the intimate partner relationship, with special attention given to possible incidents of child or elder abuse or neglect by the participant. PAIPs must coordinate with DCFS or Department on Aging contacts, if applicable. 

 

6)         Assessing the degree of current risk to the victim or others, which may include components of a lethality screening and/or gathering directly from the victim information about the participant's use of violence and other abusive behaviors, provided contact with the victim can be done safely. 

 

7)         Obtaining background information on the violence used in the participant's family of origin, which includes witnessing of intimate partner violence, as well as being a victim of child abuse and neglect.

 

8)         Screening to identify possible medical conditions, determination of impact on ability to benefit from PAIP services, and need for referral to appropriate services.

 

9)         Screening to identify possible mental health issues, determination of impact on ability to benefit from PAIP services, and referral to appropriate services.

 

10)         Screening to identify a possible substance abuse issue, determination of impact on ability to benefit from PAIP services, and referral to appropriate services.

 

11)         Participant's file must also contain the following:

 

A)        The intake screening document;

 

B)        Referrals to other agencies and the purpose for the referral (with written consent to release information);

 

C)        Signed PAIP participation contract;

 

D)        Date of program start;

 

E)        Attendance records;

 

F)         Record of payment;

 

G)        Case notes;

 

H)        Date of completion and/or reason for termination; and

 

I)         Correspondence with referral source and other service providers and related final report.

 

Section 501.125  Exclusion Criteria

 

The scope of PAIPs is intimate partner violence. 

 

a)         Individuals who are screened and not found to have a history of violence against an intimate partner must not be included in the program. 

 

b)         PAIP services are not appropriate for individuals who:

 

1)         are generally violent, violent toward other family members but not intimate partners (elder abuse, child abuse); or

 

2)         engage in violent activity outside an intimate relationship exclusively, i.e., gang initiated violence. 

 

c)         The precipitating incident (i.e., the situation that led to arrest or mandated referral) may generate from a nonintimate partner violence situation; however, if the intake screening identifies the individual as having a history of intimate partner violence, the person is appropriate for the PAIP if all other eligibility criteria are met. 

 

d)         If the screening does not indicate a pattern of power and control in intimate relationships, the referring entity must be notified that partner abuse intervention services are not appropriate. 

 

1)         PAIPS must make a determination of whether an individual can benefit from the services at the initial screening.  This determination can be revised subsequently, based on additional information.  Individuals who cannot benefit from the services must be referred for appropriate treatment.  This would not preclude them from re-entering the PAIP when they meet the criteria.

 

2)         PAIPs must exclude individuals who would disrupt the group.

 

3)         Participants identified through intake as victims of intimate partner violence must be referred to a victim services program, and the referral must be conducted in a way that will not result in victimization of the participant.

 

Section 501.135  Substance Abuse

 

a)         If the initial intake screening or subsequent evidence indicates possible drug and/or alcohol abuse, a referral to a substance treatment program must be initiated and/or the referring entity must be notified of the recommendation.

 

b)         If treatment is deemed appropriate by the addictions professional, substance abuse services may be delivered either prior to, or in conjunction with, and separate from, the PAIP.

 

c)         Participants who refuse substance abuse treatment or are placed on a waiting list must not be refused service by the PAIP, unless substance use impairs a participant's ability to benefit from PAIP services.  In this case, PAIPs must refer the participant to the referral source with specific treatment recommendations and criteria for re-entry into PAIP.

 

Section 501.145  Abuse and Neglect of Children and Other Family Members

 

If the intake assessment or subsequent contact reveals the possibility or actuality of child abuse or neglect, the PAIP must report it to DCFS (1-800-252-2873).  The PAIP must refer suspected cases of elder abuse, neglect and financial exploitation to the Department on Aging's Elder Abuse and Neglect Program (1-866-800-1409).

 

Section 501.155  Contracts with Participants

 

PAIPs must establish an initial contract with the participant that clearly spells out the obligations of the individual to the program and consequences for violations.  At a minimum, attendance and participation levels, behavioral expectations such as no recent evidence of threats or violent behavior, and fee must be included in the participant contract.  Reporting violence, as described in Section 501.220, must be included in the contract.  PAIPs must communicate any concerns about participant compliance with the contract to the participant and the referring entity in a timely manner.

 

Section 501.160  Program Compliance

 

a)         PAIPs must develop program requirements that participants must meet in order to complete the program.  These program requirements must include, at a minimum:

 

1)         Fulfillment of all contractual requirements;

 

2)         Admission of and accountability for abuse and violent and controlling behavior, taking responsibility for the participant's own behavior, and understanding of contributing factors;

 

3)         Demonstration of understanding of alternatives to abusive behavior and reporting the use of those alternatives;

 

4)         Demonstration of use of respectful language regarding a partner and understanding of benefits of egalitarian relationships;

 

5)         Demonstration of violence prevention action planning that addresses such issues as identification of risky beliefs, healthy behaviors and support systems;

 

6)         No current evidence of threats or acts of physical violence; and

 

7)         Completion of any other PAIP requirements (i.e., substance abuse and/or mental health evaluations and treatment, etc.).

 

b)         Extending time in the program is allowable and advisable if the participant has not met the criteria in subsection (a).  Program staff must document in the individual's file the lack of progress and communicate that information to the referring entity.  PAIPs must make decisions about extending time early in the program and share concerns about lack of progress with participants in a timely manner.

 

c)         Completion of the program does not guarantee that the abuser has ended abusive behavior in the present or will abstain from abusive behavior in the future. Evidence of attitude/belief and behavior change indicated in the group may not always translate to behavior change in the relationship with a partner.

 

Section 501.170  Evaluation and Outcomes

 

PAIPs must collect data and measure outcomes to determine the effectiveness of the program.  The Department will notify PAIPs of the standardized outcomes and required reporting process.  PAIPs must develop and implement a written plan for evaluating their program effectiveness.  The plan must address data collection and analysis and demonstrate how information will be used for program improvement.  PAIPs must aggregate and keep the following data in a statistical data base:

 

a)         Number of referrals and related referral source;

 

b)         Number of intake screenings completed;

 

c)         Number of participants refused entry, by reason;

 

d)         Number of new and ongoing participants;

 

e)         Number of participants terminated from the program;

 

f)         Number of participants completing the program;

 

g)         Number of participants re-arrested during program, by category of offense;

 

h)         Number of participants referred to other resources, by category of referral;

 

i)          Number of service hours provided;

 

j)          Number of reports made of child and elder abuse; and

 

k)         Participant demographics:

 

1)         education level;

 

2)         age;

 

3)         race;

 

4)         employment;

 

5)         victim's relationship to participant;

 

6)         relationship status; and

 

7)         number of children.

 

Section 501.180  Victim Safety

 

a)         PAIPs' policies and procedures must reflect priority for the safety and autonomy of victims and their children in every aspect of the PAIP program, including intake forms, court reporting, victim contact, etc.  When PAIPs address issues other than abuse, they must do so with full recognition of safety issues for the victim and the possible negative effects of that information, such as further acts of violence, confusion about responsibility for violent behavior, and confidentiality.  When PAIP participants are referred to other resources for any form of counseling, PAIP staff must collaborate with the providers of those services subject to Section 501.210.

 

b)         PAIPs are expected to be knowledgeable of and skilled at victim safety planning.  When possible and appropriate, safety planning must be conducted during contacts with victims.

 

c)         In addition to safety planning, PAIPs must offer referrals to domestic violence victim services programs.

 

Section 501.190  Victim/Partner Contact

 

All programs must expect and have procedures in place to respond to contacts initiated by the victim or current partner.  Procedures must be developed with victim safety as a priority.  Issues such as who should be contacted, purpose of the contact, and documentation must be addressed in the policy.  PAIPs that choose to make victim contact must adhere to the following requirements:

 

a)         Determine if the victim is safe, discuss safety planning and orders of protection, and link the victim to a domestic violence victim services program, if the victim desires.

 

b)         Contacts with the participant's current partner, or an ex-partner with whom the participant has an ongoing relationship, must be the priority for PAIPs that include victim contact as a part of their programs.  Other ex-partners who have been abused or current partners may also be contacted, subject to Section 501.210.

 

c)         PAIPs must inform victims about the nature of the PAIP, participants' attendance at the PAIP, any threats made by participants, and participants' progress or lack of progress.  This information may be given through:

 

1)         Orientation sessions;

 

2)         Telephone contacts; and/or

 

3)         Mailing of written materials explaining the PAIP.

 

d)         Written or verbal reports of the partner's or victim's calls, comments, or input must not be included in any participant's file.  This includes reports and notes generated by the program, reports and notes not generated by the program, and documents hand carried by the participant.  The information is potentially very dangerous for the victim's safety and must be kept separate.

 

Section 501.200  Client Records

 

PAIPs shall establish and maintain client files on all participants.  PAIPs shall establish policies and procedures that promote client confidentiality and comply with relevant State and federal laws.  Client records shall be:

 

a)         retained for a period of not less than six years from the date of service, except that if an audit/review is initiated within the required retention period, the records shall be retained until the review is completed; and

 

b)         made available to the Department as required for desk reviews, audits or other monitoring purposes.

 

Section 501.210  Confidentiality

 

Confidentiality must be strictly adhered to for the safety of the victim, as well as to promote accountability for the abuser. PAIPs are expected to be knowledgeable of all applicable confidentiality laws, such as the Mental Health and Developmental Disabilities Confidentiality Act [740 ILCS 110], that impact the delivery of PAIP services as well as impact referrals to other social services agencies. To promote abuser accountability and facilitate communication with referring bodies, releases of information are needed from participants. In addition to the MH/DD Confidentiality Act, the following guidelines shall be followed:

 

a)         During intake, PAIPs shall explain to participants that communication is confidential, but that the law provides for exceptions, such as reporting child abuse, elder abuse and indications of suicide or intent to harm. PAIPs shall provide an explanation of the release of information forms, their purpose, and whether participant's consent is strictly voluntary or required for participation in the program.

 

b)         PAIPs may ask participants to sign a release of information to allow the PAIP to provide access to information, as needed, to any persons or agencies to which the PAIP would need to report compliance or subsequent or threatened abuse, screening information or related ongoing data to plan for proper intervention, and/or to collaborate on an ongoing basis on an intervention plan.  The appropriate signed releases and documentation must be obtained and kept on file.

 

Section 501.220  Reporting Violence

 

a)         PAIPs and facilitators must immediately report additional violence or threats of violence perpetrated or revealed by any participant to appropriate authorities in the criminal justice system, with the two following exceptions (unless duty to warn applies (see 740 ILCS 110/11(ii))):

 

1)         If the report originates with the victim, the victim's consent must be obtained before reporting to authorities or confronting the participant with the information.

 

2)         Reports of violence received from a third party (e.g., family or friend) may be reported to authorities unless, if to do so, would place the reporter or victim in jeopardy of further abuse or violence.

 

b)         Facilitators must make every reasonable effort to notify the victim prior to making a report to authorities and must document those efforts.  All reports of further violence must be documented in a manner that protects the confidentiality of victims and reporters.  PAIPs must notify participants of this process in their contracts.

 

c)         PAIPs must immediately report a participant's threat to do harm or kill to the appropriate authorities.

 

1)         If the threat is made about the victim or children, the victim must be notified.

 

2)         If the threat is made about someone other than the victim or children, the PAIP:

 

A)        shall inform the appropriate law enforcement agency; and

 

B)        must assess whether there is potential risk to the victim and/or children and notify the victim if safety is compromised.

 

d)         PAIPs must notify the appropriate authorities if there is knowledge of or disclosure of victim contact when there is an order of protection in place.

 

Section 501.230  Referrals

 

a)         PAIPs must develop procedures for accepting and rejecting referrals. Those procedures must be developed in conjunction with the referral system and must include reasons for rejection of referrals and recommendations for alternative sanctions.

 

b)         PAIPs must establish policies and procedures for reporting noncompliance with program rules and violations of orders of protection to the referral system that may include, but not limited to, attendance, level of participation, contact with victim, use of substances, lack of accountability, and identified needs and subsequent referrals.

 

c)         PAIPs must advocate for the victim who is referred for PAIP services and recommend referral to victim services.

 

d)         For those individuals who are referred for nonpartner violence, PAIPs must conduct a screening to determine if there is a pattern of intimate partner violence, i.e., abusive, controlling and/or violent behavior within an intimate partner relationship. If there is no history of intimate partner violence, PAIPs must refer back to the referral entity and make the appropriate referral recommendation.

 

e)         PAIPs must refer victims who have acted in self-defense or whose arrest was based on a control tactic of the partner to victim services.  Referral arrangements will need to be made with local victim service agencies.  Care should be taken to avoid re-victimizing this group. PAIPs must notify the referring agency that a referral to victim services has been made.

 

Section 501.240  Follow-up Services

 

PAIPs may create and/or support options for continued services for individuals who have successfully completed their initial, required PAIP contract. Continued services may allow individuals to continue in regular or ongoing groups. The rationale for follow-up services is:

 

a)         To provide access to further service;

 

b)         To continue monitoring and offer support services;

 

c)         To refer individuals to other services that are consistent with this Part; and

 

d)         To recognize that a commitment to non-abusive behavior is lifelong.

 

Section 501.250  Transferring Programs

 

It is allowable for PAIP program participants to transfer from one Illinois protocol approved PAIP to another. Circumstances such as a job transfer or going back to school may require an individual to relocate and transfer between programs. The PAIP that is receiving the transfer must ask the person to sign a release of information that will be submitted to the former PAIP and coordinate services whenever possible. Gathering previous intake data and program participation information will promote continuity and improve service delivery. It is not necessary for participants to start the program over as all Illinois protocol compliant PAIPs are following the same requirements; however, some participants may need additional group sessions to meet program requirements in this Part. For out-of-state transfers, the receiving program must ask the participant to sign a release of information. Once signed, the PAIP must contact the former program to gather program and participant information to determine the appropriate length of services.

 

Section 501.260  Continuation of Services

 

Each PAIP shall develop a plan for continuation of services in the event of temporary suspension of services or closure of a PAIP.  This plan must address alternate locations for services, cooperative agreements with other PAIP providers to ensure continuity of care for participants, and a plan/protocol that has been shared with the appropriate primary referral sources.

 

Section 501.270  Fee Structure

 

PAIPs must establish a fee policy.  Compliance with this Section will be assessed by the Department through the monitoring and technical assistance outlined in Section 501.70. 

 

Section 501.280  Ethical Requirements

 

a)         PAIP staff must not be perpetrators of abusive behavior, except as authorized by Section 501.90(d)(2).

 

b)         PAIP staff must consistently act and communicate in ways that promote egalitarianism and non-abusive and respectful relationships. 

 

c)         PAIPs and their personnel must meet the certification/licensing standards that may be required of the professional groups with which they are affiliated.  Compliance with this Section may be monitored during the quality review process outlined in Section 501.70. 

 

Section 501.290  Staff Competency

 

a)         PAIP staff must be competent in general communication skills and those specific skills required to challenge and facilitate change in attitudes, beliefs and behaviors. They must have a general knowledge of human behavior and specific knowledge about intimate partner violence, and they must have attitudes and behavior consistent with this Part.

 

b)         All PAIP direct service staff and supervisors must have completed 40 hours of training consistent with the requirements of the Illinois Domestic Violence Act [750 ILCS 60], and an additional 20 hours of Department approved training in abuser services.  Facilitators who are unable to complete the Department approved 20 hour training within the first three months of employment must submit a training plan to the Department for approval.  The 20 hours must consist of formal training or conference attendance in abuser intervention and/or experience in facilitating partner abuse intervention groups.  In order for experience to count as part of the training plan, it must be gained through a protocol approved PAIP and under the direction of a supervisor meeting the protocol requirements.  The training must be documented and sent to the Department within 30 days after completion.

 

c)         All PAIP staff must receive ongoing training as a part of their professional development.  At a minimum, six hours of continuing education that supports the work of intimate partner violence services must be obtained annually. Continuing education hours shall:

 

1)         Be earned by verified attendance (e.g., certificate of attendance or certificate of completion) at or participation in a program or course (program) that is offered or sponsored by a continuing education sponsor approved by the Department. Those programs shall contribute to the advancement, extension and enhancement of the professional skills and scientific knowledge of PAIP staff;

 

2)         Foster the enhancement of general or specialized work in the practice of partner abuse intervention;

 

3)         Be developed and presented by persons with education and/or experience in the subject matter of the program; and

 

4)         Specify the course objectives, course content and teaching methods to be used.

 

Section 501.300  Supervision

 

PAIPs must have written personnel policies and procedures.  Supervision of PAIP facilitators must be provided by an individual who meets the required 40-hour training standard and include structured supervisions of facilitators.  Immediate supervisors must have sufficient training and experience to provide oversight of quality and effectiveness of service provision.  At a minimum, supervisors will observe facilitators conducting group sessions every six months.  Supervision can be provided by a staff person, victim service agency, or another PAIP that has been approved under this Part.  Documentation of compliance with this Section must be contained in personnel files and available for review by the Department.  Compliance with this Section will be assessed by the Department through the monitoring and technical assistance outlined in Section 501.70.

 

Section 501.310  Program Innovation

 

a)         The development of effective intimate partner violence intervention programs is an evolving process.  If a PAIP decides to develop a new program that initiates or incorporates a new approach, it may be considered for approval under the following conditions:

 

1)         Submission of a written plan and/or curriculum;

 

2)         Documentation of reasons for the different approach;

 

3)         Acceptance of additional monitoring;

 

4)         Acceptance of a time limit that includes the opportunity for evaluation;

 

5)         Submission of a process for evaluating the efficacy of the approach;

 

6)         Adherence to the principles of this Part; and

 

7)         Utilization of a practice or model that is evidence based.

 

b)         All applications for program innovation will be reviewed by the Department and the PASC. The PASC will make recommendations to the Department regarding approval of the PAIP's program model, but the Department will make the final decision regarding approval.

SUBPART C: GRANTS

 

Section 501.400  Availability of Grants

 

a)         Funds are granted by the Department to local agencies for the purpose of providing services to participants.

 

b)         These funds are awarded based on an open, competitive bid process set forth in this Subpart C. A Request for Proposal (RFP) will be issued by the Department and made available via the Department's website. Additionally, known providers and all interested parties will be notified of its availability in writing, and directed to the Department's website (www.state.il.us/agency/dhs). Written notice will also include the name and address of a Department contact person from whom potential applicants may request a hard copy of the RFP.

 

c)         An RFP may require that the following information be submitted to the Department by local agency applicants, in the format specified in the RFP:

 

1)         The project's proposed activities and services to participants.

 

2)         The applicant's, PAIP's and their staffs' qualifications to provide the planned activities and services.

 

3)         A project budget.

 

4)         A budget justification.

 

5)         Other information deemed necessary by the Department.

 

Section 501.410  General Grant Eligibility Requirements

 

a)         Confidentiality

All information, records and documents concerning persons served must remain confidential and be protected by the grantee from unauthorized disclosure. Except as may be required by State or federal law, regulation or order, the grantee must agree not to release any information concerning participants without the participant's written consent. Information disclosed must be limited to that necessary for the proper delivery of services to the participant under the terms of the grant agreement.

 

b)         Discrimination Prohibited

Individual participants are determined eligible for services through an intake and assessment process performed by the PAIP in accordance with Section 501.115. Grantees shall provide services to eligible participants without regard to race, gender, sexual orientation, age, ethnicity, color, religion, disability and national origin/ancestry. Participants cannot be required to become members of, or participate in, any organization, religion, political group, or community service program as a condition of receiving service.

 

Section 501.420  Evaluation of Grant Applications

 

a)         The Department will evaluate:

 

1)         The adequacy of the application submitted (i.e., its compliance with the requirements of this Subpart C and the RFP).

 

2)         The project's proposed activities and services to participants.

 

3)         The applicant's, PAIP's and their staffs' qualifications to provide the planned activities and services.

 

4)         The soundness of the project budget.

 

5)         The adequacy of the project justification.

 

6)         The capacity of the applicant organization to carry out the project.

 

7)         Other reasonable criteria deemed necessary as set forth in the RFP.

 

b)         Application Adequacy

 

1)         Grant applications must be submitted in the format prescribed by the Department.

 

2)         Based on the application submitted and further information requested by the Department, grant applications will be deemed adequate or inadequate for grant funding. All adequate applications will be eligible for a grant award.

 

c)         Department Reservations

The Department reserves the right to:

 

1)         Reject applications that are incomplete.

 

2)         Reject any applications, after evaluation, based on the evaluation standards in subsection (a).

 

3)         Award grants for an amount less than that requested.

 

4)         Negotiate awards after the application process.

 

5)         Grant awards to projects deemed most favorable to the interest of the State. Examples of factors that would be in the best interest of the State include, but are not limited to, established collaboratives and/or strong working relationships within the community; existence of police records on domestic violence within the community; and data on the incidence of domestic violence in the community.

 

Section 501.430  Grant Awards

 

a)         The Department will determine the amount of each grant to be awarded and announce those awards.  The amount of the grant will be based upon such factors as, but not limited to, population distribution; number of clients to be served; amount of available funds; community need; and the local agency's budget proposal and narrative budget justification.

 

b)         Awarding of funds will be based upon the amount of appropriation made available by the General Assembly and/or federal award.

 

Section 501.440  Grantee Accountability

 

a)         Grant Agreement

Grant recipients shall enter into a grant agreement with the Department expressing the grantee's assent to abide by the provisions of this Part, other Department rules, and any applicable State and federal statutes and regulations.

 

b)         Reports and Audits

 

1)         General Requirements

Grantees shall abide by the financial reporting and record keeping, audit standards and grant requirements of the Department outlined at 89 Ill. Adm. Code 507, 509 and 511.

 

2)         Quarterly Reports

Actual expenditures for the purchase of goods and services shall be documented quarterly using the Department's Summary Expenditure Documentation Form.




 

Section 501.APPENDIX A   Attitudes and Behaviors Addressed in Group Activities

 

The belief that men are superior to women and have the right to dominate them may be a principal contributor to partner abuse.

 

a)         Group activities shall focus on the following attitudes and behaviors:

 

1)         Belief in egalitarian partnership;

 

2)         Respect for equal rights;

 

3)         Awareness that abuse is an intentional strategy designed to exert power and control over intimate partners;

 

4)         Identification and appropriate expression of a full range of emotions;

 

5)         Awareness of the financial costs on families and society (police, employers, courts) of intimate partner violence;

 

6)         Empathy for the victim's experience;

 

7)         Understanding the negative effects of the abuse on victims, children, abusers, the community and society as a whole;

 

8)         Encouraging examination of life experiences and belief systems (e.g., family, community and culture) that have fostered choices for abusive behavior;

 

9)         Nonabusive beliefs and choices; and

 

10)        Acknowledgement and consideration of others' needs that are independent of abusers' needs.

 

b)         Group activities shall challenge, among others, the following attitudes:

 

1)         Justification of violence, such as revenge, retaliation, etc.;

 

2)         Normalization of the violence;

 

3)         Right/need to exert power and control over intimate partners;

 

4)         Self-centered thinking;

 

5)         Substance abuse and past victimization cause violent behavior;

 

6)         Rigid sex-role stereotypes;

 

7)         Aggression as a conflict resolution tool; and

 

8)         Oppressive beliefs systems (e.g., sexism, racism, bias based on sexual orientation) that result in violent behavior.