Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 25 - Standards and Criteria for Batterers Intervention Programs › Subchapter 1 - General Provisions › Section 75:25-1-3 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
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.
Added at 27 Ok Reg 1723,
				  eff 7-1-10; Amended at 28 Ok Reg 1923, eff 7-11-11; Amended at 29 Ok Reg 1770,
				  eff 8-11-12