403.7505 Certification standards for mental health professionals providing
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/ky/403-7505A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
court-mandated treatment -- List of certified providers to Administrative
Office of the Courts -- Collection of data.
(1)The Cabinet for Health and Family Services shall, by administrative regulations
promulgated pursuant to KRS Chapter 13A, establish certification standards for
mental health professionals providing court-mandated treatment services for
domestic violence offenders.
(2)The standards created by the cabinet shall be based on the following
principles:
(a)Domestic violence is a pattern of coercive control which includes
physical, sexual, psychological, and environmental abuse, and is
considered to be criminal conduct;
(b)The primary goal of treatment programs for domestic violence offenders
shall be the cessation of violence which will provide for the safety of
victims and their children; and
(c)Domestic violence offenders are responsible and shall be held
accountable for the violence which they choose to perpetrate.
(3)The standards created by the cabinet shall address the following:
(a)Qualifications of providers of court-mandated domestic violence offender
treatment services which shall include appropriate requirements for
degree, experience, training, and continuing education;
(b)Procedures for application by providers to receive certification which shall
include methods of appeal if certification is denied, and sanctions for
noncompliance with the standards which may include revocation of
certification;
(c)Admittance and discharge criteria for domestic violence offenders to enter
court-mandated treatment services provided pursuant to this section;
(d)Written protocols for referral by a court to certified providers and for
progress reports to be made to the court by providers;
(e)Contracts for domestic violence offenders to sign prior to entering
court-ordered treatment services provided pursuant to this section. The
contract shall specify that certified providers may contact the victims of
the offender if the victim chooses to be contacted. The contract shall
authorize the provider to release information regarding the offender's
progress in treatment to the court, victims, probation and parole officers,
and other individuals authorized by the court to receive the information;
(f)Written procedures in compliance with KRS 202A.400, 209.030, and
620.030;
(g)Payment protocols which require the offender to pay the actual cost for
any court-mandated evaluation or treatment pursuant to this section,
subject to the offender's ability to pay; and
(h)Other provisions which shall further the availability and quality of
court-mandated domestic violence offender services.
(4)The cabinet shall:
(a)Maintain a list of providers certified pursuant to this section and regularly
submit the list to the Administrative Office of the Courts; and
(b)Collect data from certified providers, which shall include demographic
information and clinical characteristics on offenders served, number of
offenders admitted into treatment and discharge conditions, total clinical
services provided to offenders, and other information necessary to
monitor the safety and effectiveness of services provided, to be provided
upon request.
(5)No person, association, or organization shall conduct, operate, maintain,
advise, or advertise any program that provides court-ordered treatment
services for domestic violence offenders without first obtaining or maintaining
valid certification under this chapter. If the cabinet has cause to believe that
court-ordered treatment services for domestic violence offenders are being
provided by a person or entity that does not possess valid certification under
this chapter, the cabinet may institute proceedings, in the Circuit Court of the
county in which the person or entity is located or in Franklin Circuit Court, for
injunctive relief to terminate the provision of those services.
(6)Any person certified under this section shall submit quarterly to the cabinet:
(a)Demographic information and clinical characteristics on offenders served;
(b)Number of offenders admitted into treatment and discharge conditions;
(c)Total clinical services provided to offenders; and
(d)Other information as required by administrative regulation.