9-DVOTI Service Definitions (1).pdf

DVOTI SERVICE DEFINITIONS

Service definitions define billable services for CYFD funding but also describe service standards for all Approved DVOTI Providers. The current fee schedule is published by CYFD.

Note: Provider may not bill CYFD and any other source for the same service, including Medicaid or private insurance. Each Approved DVOTI Provider who utilizes CYFD along with Medicaid or any additional reimbursement must have systems that separate all service billing to avoid any duplicate billing for services. The current rate schedule is available from CYFD. All units are billed in 15-minute increments (e.g., 25 minutes is .5 hours and 35 minutes is .75 hours).

Pre-Intake Assessment

Billed as Pre-Intake Assessment for time spent Maximum billable per Program Participant: 2 hours*

*To help ensure that State funding for DVOTI matches written legislative and administrative intentions, CYFD sets a maximum billing per participant for this service, based on an amount of time greater than average provider billing in the State per Provider. CYFD expects that a few program participants may require two or more hours to complete an assessment while most will require less time. This billing limit does not impose a service limit on the Provider, who may choose to devote additional time to pre-intake assessment.

The Pre-Intake Assessment is an initial assessment to determine if the domestic violence offender will benefit from participation in the DVOTI program (NMSA 31-12-12(D)(1), NMAC 8.8.7.10(A)). Although most referrals will come from the criminal justice system, Approved DVOTI Programs can accept referrals from other sources, including CYFD Protective Services and self-referrals.

The intake assessment includes a risk assessment using the ODARA actuarial tool by a DVOTI program staff member who is certified to administer and score ODARA 1. The assessment may also include a screening for a history of substance use or mental health disorders, criminal history, relationship history with attention to domestic violence dynamics, level of personal accountability, motivation for treatment, amenability to treatment, and the life factors of the offender (e.g., unstable living environments, financial problems, unemployment, social isolation, antisocial attitudes or behavior).

If an additional clinical assessment is required prior to determination of suitability for a DVOTI program, the Approved DVOTI Program will conduct the assessment or refer the domestic

1 CYFD and the DVOTI Stakeholder team have chosen the ODARA tool for statewide coordinated risk assessment. These scores are reported as part of CYFD’s performance measure project with the UNM Evaluation Lab. The ODARA certification is currently provided through an online training and testing program.

Contact the CYFD DV Unit for a free license to odara.waypointcentre.ca in order to complete the training and testing for certification.

https://nmonesource.com/nmos/nmsa/en/item/4379/index.do#!b/31-12-12 https://nmonesource.com/nmos/nmac/en/item/18065/index.do#!b/s8_8_7_10 violence offender to an appropriately trained and licensed professional for a Clinical Assessment prior to program acceptance.

If the Approved DVOTI Program determines that the domestic violence offender will not benefit from participation in the program, it shall notify the court or its officer of the determination, the reasons for the decision, and recommendations for alternative offender treatment (NMAC 8.8.7.10(A)). Approved DVOTI Providers shall not recommend alternative therapies such as couples counseling, anger management, or stress management in place of domestic violence offender treatment (NMAC 8.8.7.10(M)). Note: The criminal justice system, not the Approved DVOTI Provider, is responsible for making legal decisions regarding guilt or innocence, pleas, convictions, and sentencing. Approved Providers shall not render legal opinions or recommendations other than recommendations specified below.

Reasons for a determination that the domestic violence offender is unsuitable or would not benefit from participation in a DVOTI include:

• Documentable cognitive impairments or developmental disabilities sufficient to interfere with comprehension of treatment concepts.

• Documentable impairments in mental or physical functioning sufficient to interfere in the treatment due to chronic mental illness or chronic physical illness.

• Clinical evaluation as significantly psychopathic or unmanageable in the community, based on a history of repeated failures to benefit from treatment or repeated non-compliance with the criminal justice system's requirements.

• Collateral or additional information, which may include information from a survivor services advocate/program, that the offender acted out of fear and self-preservation in the current incident, as long as there is:

1. No prior documented criminal history, excluding minor violations posing no threat to persons, animals, or property,

2. No evidence of engaging in coercion, threat, intimidation, revenge, retaliation, control, or punishment towards the survivor in this case or any other relationship,

3. The offender has an ODARA score that identifies them as low risk, and any identified ODARA risk factors do not indicate a need for domestic violence treatment in this case.

Clinical Assessment

Billed as Clinical Assessment, per assessment conducted.

A clinical evaluation of diagnosable co-occurring mental health or substance use issues by a licensed behavioral health professional. If clients are determined to have mental health needs, the program must offer/refer them for appropriate services and interventions. A Behavioral Health Assessment is permissible when it is directly related to an offender’s intake assessment or re-https://nmonesource.com/nmos/nmac/en/item/18065/index.do#!b/s8_8_7_10 offense prevention plan and agreed to by the client and program staff. Whenever possible, the clinical evaluation should be covered by Medicaid or private insurance. 2

Program Participant Intake (Orientation and Contracting)

Billed as Program Participant Intake for time spent Maximum Billable per Program Participant: 1.5 Hours*

*To help ensure that State funding for DVOTI matches written legislative and administrative intentions, CYFD sets a maximum billing per participant for this service, based on an amount of time greater than average provider billing in the State per participant. CYFD expects that a few program participants may require 1.5 hours for Intake, while most will be lesser amounts of time.

This billing limit does not represent a service limit. The amount of time a provider dedicates to participant intake is up to the policies and procedures of each Provider.

The Program Participant Intake is a one-time billable service for each program participant. The time spent in intake does not count towards the 52-week program requirement. The Provider may conduct a new Intake for former program participants who they discharged from the program.

Orientation

If the domestic violence offender is suitable for the DVOTI program participation, the Approved DVOTI Program will conduct a Program Participant Intake. During intake, they will give an overview of the DVOTI program, including the following information and disclosures:

1. The Approved DVOTI Program will hold the personal identifying information of program participants confidential, and will not disclose such information to third parties without the written consent of the Program Participant, with the following exceptions:

a. Program Participants waive confidentiality to referring agencies and partners in a coordinated community response team under a formal agreement for program evaluation, treatment, supervision, and participant management. This includes progress reports to referring agencies (e.g., probation officers, courts, and protective services).

b. Program Participant waive confidentiality to the associated survivor of abuse, specifically concerning (1) the offender's compliance with DVOTI and (2) information about risk, threats, or possible escalation of violence. This waiver includes an associated advocate from a Domestic Violence Survivor Services program.

c. Program Participants waive confidentiality for purposes of program monitoring and evaluation to the CYFD and contracted research entities 3.

2 If possible, may use clinical assessment from other approved providers 3 The current DVOTI program outcomes research is being conducted by the UNM Evaluation Lab is held confidential under and Institutional Research Board approval and oversight.

2. The Provider's mandatory reporting policy, designed to protect survivors and children NMAC 8.8.7.10(H)v).

3. DVOTI Program costs, including the sliding fee scale offered by the DVOTI Program.

4. The Provider will report absences to any agencies or individuals responsible for the supervision of the Program Participant, the associated survivor, or their advocate.

5. Grievance procedures should the offender have concerns regarding the Approved

Provider or the program, including contact information for the CYFD DV Unit.

6. The Provider's response plan for offenders in crisis.

7. Information on community referral services and resources for 24-hour emergency calls and walk-ins.

8. Reasons the Program Participant would be terminated from the DVOTI Program, including the number of unexcused absences that will prompt an automatic termination and referral back to the referring agency.

9. Violations of Program Participant Contract will result in notification to persons responsible from the supervision of the Program Participant, law enforcement, the courts, or the survivor or survivor advocate as appropriate and may lead to termination from the program.

10. A disclosure that the CYFD DV Unit may audit the Approved DVOTI Provider and their records for the new application and renewal process.

Program Participant Contract

Explain and ask the domestic violence offender to sign a written contract that sets forth:

1. Attendance and participation requirements.

2. Consequences for failure to attend or participate in the program.

3. Consequences of reoffending while in the program.

4. A confidentiality clause that prohibits disclosure of information revealed by others during

DVOTI sessions.

5. A requirement that a domestic violence offender is not influenced by alcohol or drugs during a session. (NMSA 31-12-12(D)(6);NMAC 8.8.7.10(B))

6. Program fees and requirements for the Program Participant to be responsible for financial responsibilities for program participation.

7. A requirement that the Program Participant:

a. Be free from all forms of domestic violence during the time in treatment.

b. Not violating criminal statutes or ordinances while in treatment.

c. Comply with existing court orders regarding treatment, orders of protection, child custody, family support, and firearms.

8. A release of information to share written and verbal communication with the survivor of record, any agencies or individuals responsible for the supervision of the Program Participant, the local Domestic Violence Survivor Services Provider, and CYFD for program evaluation.

Re-offense Prevention Plan https://nmonesource.com/nmos/nmac/en/item/18065/index.do#!b/s8_8_7_10 https://nmonesource.com/nmos/nmac/en/item/18065/index.do#!b/s8_8_7_10 https://nmonesource.com/nmos/nmsa/en/item/4379/index.do#!b/31-12-12

Included in group sessions or billed under Participant Management

A Provider will create a Re-offense Prevention Plan (NMAC 8.8.7.10(I)) after completing the intake assessment process, either during the Program Participant Intake or within the first three (3) DVOTI group sessions. The individualized plan shall promote survivor and community safety while identifying treatment goals for the offender. This will be a written plan for preventing abusive behaviors and developing healthy thoughts and behaviors.

Elements of a written re-offense prevention plan include:

• Any clinical goals identified in the intake evaluation.

• Identification of signs of escalation of abuse.

• Identification of alternative actions/behaviors to utilize when a situation is escalating.

• Identification of resources a Program Participant can use for support.

A re‐offense prevention plan must be completed at intake and reviewed periodically while the offender is in the fifty-two (52) week program, either during group sessions or additional individual review sessions with a DVOTI facilitator or manager. Provider should review the plan with the Program Participant at least every ninety (90) days or when new risk factors to the Survivors, their dependents, or the community emerge. Provider should revisit the plan a final time before the program participant completes the program. An updated copy of the plan should be kept in the Program Participant's file, and the Program Participant should have easy access to their copy of the plan, DVOTI Group Sessions

Billed as Group Sessions, per participant per ninety (90) minute session

Approved DVOTI Providers shall design programs, which consist of psycho-educational and cognitive-behavioral group approaches as their primary intervention. Adjunctive methods may be used but never substituted for the primary approach. Group sessions are ninety (90) minutes, and program completion is defined as the completion of at least 52 group sessions (NMSA 31-12-12 (D)(8), NMAC 8.8.7.10(K)). Groups are limited to Program Participants of the same gender (NMSA 31-12-12(D)(4), NMAC 8.8.7.10(D)), have a staff to client ratio of 1:12 (NMAC 8.8.7.10(L)), and are limited to a maximum of twenty (20) Program Participants (NMAC 8.8.7.10(L)). When possible, groups should be limited to the specific sexual orientation and gender identity of Program Participants.

The design of a DVOTI program includes the following educational components (NMAC

8.8.7.10(I), NMSA 31-12-12(D)(5)):

1. Defines physical, emotional, sexual, economic, and verbal abuse and techniques for stopping those forms of abuse.

2. Examine gender roles, socialization, the nature of violence, the dynamics of power and control, and the effects of domestic violence on children.

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3. Facilitates the offender acknowledging responsibility for abusive actions and consequences of actions.

4. Identifies and offers alternatives to the offender's belief system that facilitate abusive behaviors.

5. Increases the offender's empathic skills to enhance the ability to empathize with the survivor/victim.

6. Assures that the offender history of trauma never takes precedence over their responsibility to be accountable for violent behavior and potential offense, or be used as an excuse, rationalization, or distraction from being held accountable.

7. Educates the offender on the potential for reoffending and signs of abuse escalation.

8. Assists the offender in developing a written re-offense prevention plan.

9. Increase the offender's understanding of the impact of violence on adult intimate victims and children.

10. Educates the offender on the legal ramifications of their violence; and

11. Teaches the offender self-management techniques to avoid abusive behavior.

DVOTI Individual Sessions

Billed as Individual Sessions

Provider may utilize individual sessions on a time-limited, case by case basis if they can demonstrate to CYFD an appropriate need for this approach, such as crisis intervention, initial stabilization, or to address severe denial at the beginning of participation in DVOTI. Individual sessions do not count towards the participant’s fifty-two (52) session requirement. Individual sessions may be utilized for program delivery (sessions) only in exceptional 4 circumstances and pre-approved by CYFD. The Approved Provider shall document these exceptional circumstances in the CYFD consultation notes in the Program Participant's case file.

Participant Management

Billed as "Participant Management" for time spent.

Reporting Participant management includes providing written monthly reports to the presiding judge or the Program Participant's probation or parole officer (NMSA 31-12-12(D)(7), NMAC 8.8.7.10(J)), or any other person responsible for the supervision of the Program Participant. These reports must include:

1. Proof of the domestic violence offender's enrollment in the program.

2. Status reports that address the domestic violence offender's attendance, fee payments, and compliance with other program requirements; and

4 “Exceptional” circumstances are those where a program participant cannot be served in a group setting by the Provider or a partner agency, and the goals of offender treatment are likely to be met through individual sessions.

3. Evaluations of progress made by the domestic violence offender and recommendations as to whether or not to require the offender's further participation in the program (see Progress Assessment below).

Ongoing Risk Assessment Approved DVOTI Providers shall ensure ongoing risk assessment of all Program Participants (NMAC 8.8.7.10(G)). Providers should update the ODARA score when new risk factors emerge and immediately communicate new risk factors to the presiding judge, the Program Participant's probation or parole officer, or any other person responsible for the supervision of the Program Participant. The programs are required to warn potential victims or survivor advocates of threats of imminent harm (NMAC 8.8.7.10(H)). The Program Participant's Re-offense Prevention Plan must address new risk factors.

Progress Assessment The Approved DVOTI Provider may assess the progress of the Program Participant according to the following competencies 5 and are encouraged to include relevant elements of assessment in monthly reports:

1. Commitment to the elimination of abusive behavior,

2. Demonstration of change by actively working on their re-offense prevention plan.

3. Completion of a comprehensive re-offense prevention plan.

4. Development of empathy.

5. Acceptance of full responsibility for the offense and abusive history.

6. Recognition that abusive behavior is unacceptable.

7. Identification and progressive reduction of a pattern of power and control behaviors.

8. Acceptance of responsibility for consequences of abusive behaviors, active work to repair harm and prevent future abusive behavior.

9. Accept that their behavior has and should have consequences.

10. Active participation and cooperation with treatment.

11. Ability to define the many types of domestic violence, including psychological, emotional, sexual, and physical abuse.

12. Understanding, identifying, and managing their pattern of violence.

13. Understanding of the intergenerational effect of violence.

14. Appropriate communication skills.

15. Recognition of financial abuse and management of financial responsibility.

16. Elimination of all forms of violence and abuse.

17. Identification of cognitive distortions that play a role in violence.

5 These competencies are derived from Colorado standards, which can be found at:

https://dcj.colorado.gov/dcj-offices/domestic-violence-and-sex-offender-management/dvomb-standards-approved-revisions https://nmonesource.com/nmos/nmac/en/item/18065/index.do#!b/s8_8_7_10 https://nmonesource.com/nmos/nmac/en/item/18065/index.do#!b/s8_8_7_10 https://dcj.colorado.gov/dcj-offices/domestic-violence-and-sex-offender-management/dvomb-standards-approved-revisions https://dcj.colorado.gov/dcj-offices/domestic-violence-and-sex-offender-management/dvomb-standards-approved-revisions

Referral Participant management may include referral to and coordination with behavioral health services or other community resources as it relates to the Program Participant's Re-offense Prevention Plan.

Coordination Meetings with referring agencies on individual cases.

Discharge Summary Time spent completing a discharge summary for the referring agency and, in the case of a transfer, the receiving DVOTI provider. Can include conversations with the referring agency and receiving DVOTI Provider.

Coordinated Community Response

Billed as Coordinated Community Response (CCR) Activities

Participating in coordinated community response. Activities include:

• Establishing formal agreements (e.g., Memorandum of Understanding) with courts, prosecution, law enforcement, and survivor service agencies to coordinate services around DVOTI Program Participants.

• Working with community stakeholders on review, revision, or development of policies that improve survivor safety and offender accountability.

• Participating in regular CCR meetings to review and coordinate around a group of Program Participants. (For example, a regular meeting is held with probation to review twenty (20) program participants, which lasts ninety (90) minutes. This should be billed as one and a half (1.5) hours of CCR rather than as twenty (20) instances of Participant Management.

Community Services

Billed as Community Service

Approved DVOTI Programs are encouraged to provide the following services to the community:

• Community education to inform the service region of the availability of DVOTI services.

• Awareness and education to make known the impact of domestic and dating violence.

• Prevention activities to reduce the incidence of domestic and dating violence.

• Participation in existing multidisciplinary teams in the community.

• Training and technical assistance to offer subject-matter expertise.

• Collaborative efforts to improve coordination among community partners.

Innovative Services

Rate to be negotiated with CYFD

Approved DVOTI Providers may ask CYFD to create innovative projects as part of their DVOTI program, including a related innovative billable fee. Proposals must include a description of the innovative service, proposed fee, and expected utilization. If approved, CYFD will include the Innovative Service in the Approved DVOTI Program's Scope of Work.

Supervision

Billed as Supervision Billing Limitation: 2 hrs. per month per facilitator

Funded DVOTI Providers may bill up to two (2) hours per month of time spent in supervision for each facilitator. Supervision must be focused on effective provision of the DVOTI program to Program Participants (clinical or reflective supervision and support) and not include administrative supervision. Supervision is billed for the supervisee only and the topics of supervision must be documented. Peer supervision opportunities provided by CYFD’ training and technical assistance provider(s) also qualify for billable supervision time.