Section DMR.04.04 — Intervention And Referrals

(a) Confidentiality for Victims.

(1) A victim of domestic abuse may refuse to disclose and may prevent any volunteer or employee of a program for victims of domestic abuse from disclosing, the content of oral communication and written records and reports concerning the victim.

(2) This privilege may be waived only by the victim. It must be in writing and must identify what information may be disclosed, to whom, and for what purpose. Such a waiver is not valid after thirty (30) days or after the victim revokes the waiver.

(3) This privilege does not relieve a person from a duty imposed under Wisconsin Law to report child abuse or neglect or from providing evidence about child abuse or neglect in State Court pursuant to proceedings under Chapters 48 and 938, Wis. Stat., and in Tribal Court under the Youth Code.

(4) These provisions on confidentiality for victims shall not prevent the disclosure of information compiled about incidents of domestic and family violence which protects the identity of the victim and family or household members of the victim.

(b) Intervention for Batterers.

(1) Where services are provided for batterers pursuant to an Order for Protection, the batterer who is ordered into the program shall be required by the Court to sign the following releases:

(A) allowing the provider of services to inform the victim and victim's advocate whether or not the batterer is in treatment pursuant to the Order, whether or not the batterer is in compliance with treatment provisions, and whether or not the safety of the victim and family or household members of the victim is at risk;

(B) allowing prior and current treating agencies to provide information about the batterer to the service provider; and

(C) allowing the service provider to provide information about the batterer to relevant legal entities including courts, parole and probation officers, and child protective services.

(c) Policies and Procedures. Written policies and procedures developed pursuant to this chapter may include requiring tribal programs and other entities within the jurisdiction of this Tribe to provide information about the rights of victims and about remedies and services available, may set standards for service providers concerning domestic and family violence, and may establish protocols for intervention and referrals for services for suspected victims or batterers, and their household and family members.