Tribe: The Muscogee (Creek) Nation
§ 3–501. Programs for victims of domestic violence
A.
‘‘Program for victims of domestic violence’’ defined. A ‘‘program for
victims of domestic or family violence’’ is a specialized program for victims of
domestic or family violence and their children that provides advocacy, shelter,
crisis intervention, social services, treatment, counseling, education, or train
ing.
B. ‘‘Advocate’’ defined. An ‘‘advocate’’ means an employee of or volunteer
for a program for victims of domestic or family violence and victims of crimes
involving domestic violence who: 1. Has a primary function of rendering advice, counseling, or assistance to
victims of domestic or family violence and victims of crimes involving domestic
violence; supervising the employees or volunteers of the program; or adminis
tering the program;
2.
Has undergone sufficient hours of training to perform the functions of an
advocate; and
3.
Works under the direction of a supervisor of the program, supervises
employees or volunteers, or administers the program.
C.
Memorandum of understanding to secure program for victims of domes
tic violence. The Muscogee (Creek) Nation Department of Justice and/or other
agency of the Muscogee (Creek) Nation approved by the Principal Chief may
enter into a memorandum of agreement with a private agency or organization
that has a record of service to victims of domestic or family violence to provide
a program for victims of domestic or family violence. The Muscogee (Creek)
Nation Department of Justice and/or other agency of the Muscogee (Creek)
Nation approved by the Principal Chief shall coordinate the provision of
services with the providers of programs for victims of domestic or family
violence.
D. Duties of provider of program for domestic and family violence. The
duties of the provider of the program for domestic and family violence shall
include but are not limited to:
1.
Informing victims of domestic or family violence of their rights pursuant
to applicable Tribal, state and federal law concerning victims’ rights and
assisting victims in securing those rights;
2.
Informing victims of the availability of orders for protection and assisting
victims in obtaining such orders;
3.
Coordination with hospitals and the program for victims of domestic or
family violence;
4.
Providing interpreters for cases involving domestic or family violence,
including requests for orders for protection;
5.
Informing victims of the availability of shelter, counseling, and other
social services;
6.
Providing victims with shelter, counseling and other social services; and
7.
Providing a victim with a safety plan consisting of a written or oral
outline of actions to be taken by the victim to secure protection and support
after making an assessment of the dangerousness of the situation, and assisting
the victim in preparing the plan. […] § 3–502. Program of intervention for perpetrators
A.
‘‘Program of intervention for perpetrators’’ defined. ‘‘Program of inter
vention for perpetrators’’ means a specialized program that accepts perpetra tors of domestic or family violence into treatment or educational classes to
satisfy court orders; offers treatment to perpetrators of domestic or family
violence; or offers classes or instruction to perpetrators of domestic or family
violence.
B. Establishment of program. The Muscogee (Creek) Nation Department of
Justice and/or other agency of the Muscogee (Creek) Nation approved by the
Principal Chief may enter into a memorandum of agreement with the Behavior
al Health Department of the Muscogee (Creek) Nation Health Services Admin
istration related to the establishment and availability of a program of education
and counseling for domestic or family violence offenders and a program of
intervention for perpetrators convicted of crimes involving domestic or family
violence. The focus of the program shall be stopping the acts of violence and
ensuring the safety of the victim and any children or other family or household
members. The program shall be based on recognition that violence is a
behavior for which the perpetrator shall be held accountable and recognition
that substance abuse is a problem separate from domestic or family violence
which requires specialized treatment.
C.
Development of policies and procedures. The Muscogee (Creek) Nation
Department of Justice and the Behavioral Health Department of the Muscogee
(Creek) Nation Health Services Administration shall develop policies and proce
dures describing:
1.
2.
3.
Standards of treatment for programs of intervention;
Criteria concerning a perpetrator’s appropriateness for the program;
Systems for communication and evaluation among the referring court,
the public and private agencies that provide programs for victims of domestic
or family violence, and the programs of intervention for perpetrators; and
4.
Required education and qualifications of providers of intervention.
D. Requirements. Providers of programs of intervention for perpetrators
shall require a perpetrator who is ordered into the program by a court to sign a
release allowing the provider to inform the victim and victim’s advocates that
the perpetrator is in treatment with the provider, and to provide information
for safety of the victim and victim’s advocates; to sign a release allowing prior
and current treating agencies to provide information about the perpetrator to
the provider; and to sign a release allowing the provider to provide information
about the perpetrator to relevant legal entities, including courts, parole officers,
probation of officers. and children’s protection services. Providers of programs
of intervention for perpetrators shall report to the court and the victim any
assault, failure to comply with the program, failure to attend the program, and
threat of harm by the perpetrator.