Rhode Island Code of Regulations › Title 244 - Batterer's Intervention Program Standards Oversight Committee › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 244-RICR-00-00-1.10 - Complaints

Current through June 14, 2024
1.10.1
Description
A complaint is an allegation that a batterers intervention
					 program may not be in compliance with some portion of the Batterers
					 Intervention Program Comprehensive Standards. Certified batterers programs are
					 required to have policies guiding their response to complaints referred to
					 them. Complaints may also be referred to the Committee Chair and/or Review
					 Subcommittee, either directly by individuals or by programs that have been
					 unable to resolve the issues. The Committee Chair and/or the Review
					 Subcommittee shall make determinations regarding problems that require
					 immediate intervention. Further investigation into a complaint may be
					 appropriate, with a report to the Oversight Committee for informational and/or
					 decision-making purposes.
1.10.2
Procedures
A. The Oversight Committee shall notify all
				 certified batterers intervention programs, domestic violence victims services
				 agencies, the Rhode Island Courts, Adult Probation and Parole, and other
				 appropriate organizations that individuals or agencies having a complaint
				 regarding a certified batterers intervention program may address that complaint
				 directly to the program. In addition, or instead, individuals or agencies may
				 address a complaint directly to the Oversight Committee if it involves a
				 certified batterers intervention program policy, practice, staff conduct, or
				 other program component that is alleged to be in non-compliance with any of the
				 Comprehensive Standards or with other requirements under law. Such complaints
				 may be directed to the Committee Chair for initial review, or to any member of
				 the Oversight Committee or any of its Subcommittees for subsequent referral to
				 the Chair.
B. A complaint may be
				 forwarded by a certified program to the Chair, if internal efforts to resolve
				 the matter have been unsuccessful. The Chair shall request an accounting of any
				 and all such efforts.
C. The Chair
				 shall request that any complaint be filed in writing, but this shall not be a
				 requirement, in recognition that victims, program staff, clients and members of
				 the public could all have an interest in remaining unidentified. Complainants
				 who elect to remain anonymous, or who do not provide a written account or other
				 substantiation, shall be informed (when feasible) that this could impact
				 determination of probable cause or verification of the complaint circumstances,
				 but that the complaint shall be investigated and acted upon to the extent that
				 it is substantiated.
D. If the
				 Chair determines that there is insufficient information or substantiation to
				 find probable cause for a complaint, or that a complaint does not fall within
				 the purview of the Oversight Committee (that is, if it is not directly related
				 to the batterers intervention program standards or to other requirements under
				 law), it shall be recorded, and no further action shall be taken by the
				 Committee. When appropriate, the complaint shall be referred back to the
				 program for action, and/or the complainant may be advised of alternative
				 venues.
E. If the Chair determines
				 that there is probable cause to believe that a complaint has foundation, and
				 that it does fall within the purview of the Committee, the Chair may elect to
				 respond to the complaint immediately if safety concerns so indicate, or if
				 resolution appears likely with minor intervention. Such matters shall be
				 recorded, and reported to the Review Subcommittee. At the Chair's discretion, a
				 report may be made to the Oversight Committee.
F. If the Chair determines that there is
				 probable cause to believe that a complaint has foundation, and that it does
				 fall within the purview of the Committee, and that further investigation is
				 required and/or that resolution is likely to require substantial intervention,
				 the complaint shall be referred to the Review Subcommittee for further action.
				 Investigation and action may include, but are not limited to, the following, as
				 appropriate: contacting the program; discussing the complaint with the
				 director; reviewing the program's application and supporting documents;
				 interviewing person(s) filing the complaint and others with knowledge of the
				 complaint circumstances; conducting on-site program reviews; and suggesting
				 resolution(s).
G. If the matter
				 cannot be resolved through the investigation process or if the investigation is
				 inconclusive, the Chair and/or Review Subcommittee shall prepare and submit a
				 report to the Oversight Committee summarizing the complaint, the standard(s)
				 involved, significant findings, and recommendations on how to proceed. The
				 program shall be notified in advance of the date and time of the Oversight
				 Committee meeting at which the matter will be presented, and shall be offered
				 an opportunity to respond, to rebut, and to present additional information or
				 explanations, as they choose. Other interested individuals shall have the
				 opportunity to participate; except that any member, designee or alternate of
				 the Oversight Committee and its Subcommittees who is affiliated with any other
				 batterers intervention program shall recuse himself or herself from discussion,
				 participation, or vote in the matter of the complaint. Each such individual
				 shall complete a statement of conflict of interest and file it with the
				 Oversight Committee as well as forwarding a copy to the Rhode Island Ethics
				 Commission. The Chair shall moderate the presentations and
				 discussion.
H. After reviewing all
				 available evidence and/or statements, the Oversight Committee shall determine
				 what course of action. Dispositions may include, but are not limited to, one of
				 the following: dismiss complaint; take no further action; revoke certification
				 for specified reason(s); suspend certification pending specified program
				 modification(s) within a certain time frame; table decision pending specified
				 program modification(s) within a certain time frame; request additional
				 information; and/or refer the matter back to the Review Committee.
I. A log of all complaints shall be
				 maintained by the Chair, including those deemed to fall outside the purview of
				 the Oversight Committee and those complaints resolved by the Chair with minor
				 intervention. The log shall be available for review upon request.