This is yet another discussion of HB2995 and its changes to Arizona family law domestic violence proceedings.  

One DV is established in a trial court setting, the perpetrator presumptively has no parenting time or decision-making rights, until s/he rebuts the presumption.   What has to be done to rebut the presumption is listed in new 403.03E, subsections 1-5.

Subsection 5 addresses what type of domestic violence treatment program (“treatment program” or “offender program”) will suffice in a rebuttal situation.

New 403.03E(5)

E. IF A PARENT WHO COMMITTED DOMESTIC VIOLENCE SEEKS TO REBUT THE MANDATORY PRESUMPTION IMPOSED BY SUBSECTION D OF THIS SECTION, THE COURT SHALL CONSIDER ALL OF THE FOLLOWING:

. . .

5. THE PARENT’S ATTENDANCE AT A DOMESTIC VIOLENCE TREATMENT PROGRAM. THE COURT MAY NOT CONSIDER A CERTIFICATE OF COMPLETION ALONE AS PROOF OF REHABILITATION. A CERTIFICATE OF COMPLETION MUST BE ACCOMPANIED BY ALL OF THE FOLLOWING:

. . .

(b) PROOF THAT THE TREATMENT PROGRAM WAS BOTH RELEVANT AND PROPORTIONATE TO ANY DOMESTIC VIOLENCE FOR WHICH CREDIBLE EVIDENCE IS PRESENTED, TAKING INTO ACCOUNT THE CRITERIA THAT ARE OUTLINED IN THE ARIZONA ADMINISTRATIVE CODE FOR THE TREATMENT OF MISDEMEANOR DOMESTIC VIOLENCE OFFENDERS. (emphasis added)

What are those criteria for treatment of misdemeanor DV offenders?   They’re found in Arizona Administrative Code R9-20-208 and the criteria can be summarized as:  

The subjects of each program (which must not be “disproportionate” or exclusive) are to include:  anger, stress management, conflict resolution, family or couples counseling, and education about domestic violence.   

The treatment must be based on methodologies developed by behavioral health professionals (BHPs) and support by published research results.

Program specifics must include:

  • Emphasis on personal responsibility
  • Identification of power and control as domestic violence
  • A combination of individual and group counseling (groups to be no more than 15 individuals)
  • Conducted by a behavioral health professional (see specifics below)
  • Documentation of each session
  • Client completion of treatment in 3-12 months, subject to extension.  Extensions may be granted upon the recommendation of the BHP, or the incarceration of client, or the illness or death of the client or a family member). Extensions are also possible if the court requires client to complete more than 52 sessions
  • Required attendance of at least 26 sessions (first offense); 36 sessions (2nd offense); or 52 sessions (3 or more offenses)
  • Sessions of at least 50 minutes duration (individual session) or 90-180 minutes for group sessions
  • Specific policies established by the program for the process, timeline, and criteria for successful completion, including attendance, participation, and conduct requirements
  • Notification to client of consequences for a failure to successfully complete.
  • Notification to the court of the client’s appearance or failure to appear for treatment; of the client’s discharge from or failure to comply with treatment; of the client’s ineligibility for treatment; or client’s completion of treatment.

Requirements for the Behavioral Health Professional (BHP)’s conducting each program include:

  • At least 6 mos of full time work experience with DV or other criminal offenders; OR
  • Working under the visual observation and direction by a BHP with at least 6 mos of full time work experience with DV or other criminal offenders AND
  • Specific orientation procedures for employees including documented annual training requirements

For each client’s participation, the program must include an assessment which includes the client’s history of:  substance abuse, legal, family, trauma or abuse, behavior health treatment; and potential for self-harm or harm to another individual.

Information to be documented by program:  court case number; any past or current Orders of Protection or no-contact orders; history of DV or family disturbance (whether or not leading to arrest); details of misdemeanor DV leading to referral for treatment.