Current through 2024-49, December 4, 2024
Section 201-15-8 - Duty to WarnA. When DVIProgram staff has a reasonable belief based on statements by a domestic abuse offender enrolled in a DVIProgram or information from the victim/current intimate partner or another person that the domestic abuse offender is likely to engage in physical violence that poses a serious risk of harm to self or others, the staff must promptly warn the following persons or agencies that would best promote the safety of the person at risk and the DVIProgram staff: 1. appropriate local, county, and/or state law enforcement agency(ies);2. the person at risk, if current contact information is available;3. the offender's Probation Officer, if applicable; and/orB. The duty imposed under this subsection may not be interpreted to require DVIProgram staff to take any action that in the reasonable professional judgment of the DVIProgram staff would endanger the DVIProgrm staff or increase the risk to the safety of a victim or current intimate partner or the domestic abuse offender.C. Nothing in these standards may be construed to imply that any information shared by a domestic abuse offender in class or with DVIProgram staff is privileged, protected, or otherwise confidential information. This includes observations of the offender by program staff. Program staff may share any information about a person's participation in the program with the referral source, victim, current intimate partner, or local DVC at their discretion.03-201 C.M.R. ch. 15, § 8