Pursuant to Article 15 Paragraph 3 of the Law on Protection from Domestic Violence (RS OG 118/05) and Article 112 Paragraph 1 of the Law on Administration in the Administrative Bodies of RS (RS OG 16/02, 62/02, 38/03 and 42/04) the Minister of Health and Social Welfare Protection issues the following

BOOK OF RULES

ON THE INSTITUTIONS RESPONSIBLE FOR IMPLEMENTATING AND THE MANNER BY WHICH NAMED INSTITUIONS SHALL IMPLEMENT, THE PROTECTION MEASURE OF MANDATORY PSYCHOSOCIAL TREATMENT

Article 1

The Book of Rules specifies the institutions responsible for implementing, and the manner by which named institutions shall implement, any Court ordered mandatory psychosocial treatment for the perpetrators of domestic violence. The Book of Rules also specifies the aim and the purpose of the implementation of the mandatory psychosocial treatment for the perpetrators of domestic violence.

Article 2

(1) The purpose of mandatory psychosocial treatment is to stop acts of domestic violence and to prevent further acts of domestic violence; to increase the perpetrator’s awareness of domestic violence being unacceptable pattern of behavior and to recognize his/her responsibility for violent behavior.

(2) The purpose of mandatory psychosocial treatment is to increase the public’s awareness about domestic violence.

(3) The aim of mandatory psychosocial treatment is to eliminate motivating circumstances for the purpose of increase of the perpetrator’s awareness of his/her violent behavior, to establish perpetrator’s self-control over his/her emotions and behavior and to recognize his/her responsibility for such a behavior and to adopt patterns of nonviolent behavior by learning social skills by which the perpetrator can replace his/her violent behavior.

Article 3

(1) Basic health protection centers for mental health (centers for mental rehabilitation) or specialized psychiatric services within health institutions shall implement the mandatory psychosocial treatment in cooperation with the Social Welfare Centers.

(2) If medical necessity requires the hospitalization of the perpetrator of domestic violence, the perpetrator of domestic violence shall be hospitalized in a hospital.

(3) The mandatory psychosocial treatment implemented within a health institution shall be conducted on the basis of the rules of that health institution.

Article 4

(1) A court order requiring mandatory psychosocial treatment for the perpetrator of domestic violence obliges the perpetrator of domestic violence to participate in its implementation.

(2) The victim of domestic violence shall be informed of implementation of the psychosocial treatment of the perpetrator of domestic violence.

(3) The victim of domestic violence may participate in the psychosocial treatment of the perpetrator of domestic violence should s/he wish to do so.

Article 5

The psychological treatment shall apply a multidisciplinary approach including the participation of medical specialists, psychologists, social workers and other specialists as necessary.

Article 6

(1) The protection measure may be implemented individually and/or in group.

(2) The perpetrator of domestic violence shall participate with the health institution and the Social Welfare Center in developing the written action plan prior to the commencement of the treatment.

(3) The written action plan shall include personal data on perpetrator of domestic violence, the way in which the protection measure is implemented (individually or in group), the responsibilities of the perpetrator, the date when the treatment shall commence, the way of monitoring of the implementation, the tentative duration of the treatment provided by a multidisciplinary team (psychiatrist, psychologist and social worker) and a strategy to address critical situations that relates to the victim of domestic violence.

(4) The critical situation strategy shall contain information on shelters available to the victim(s) of domestic violence and their family members along with SOS telephone numbers. The plan shall be presented to the victim(s) of domestic violence and their family members. If the victim(s) is/are under the age of majority, this information shall be presented to the guardian of the minor(s) or to the parent who is not a perpetrator of domestic violence.

Article 7

(1) The victim of domestic violence may be included into psychosocial treatment during the implementation of the protection measure. In order to involve the victim into psychosocial treatment it is necessary that the victim give his/her consent to be involved and that the safety of the victim and his/her family is ensured.

(2) If the victim of domestic violence participates in the psychosocial treatment, s/he shall participate in developing of the written action plan.

Article 8

If the perpetrator of domestic violence regularly fails to attend treatment sessions or if the health institution assesses that, regardless of attendance, the treatment will not lead to adequate behavioral changes, the court which initially ordered psychosocial treatment shall be notified so the court may institute punishment for failure to respect instituted protection measure.

Article 9

(1) The Social Welfare Center shall monitor the progress of the psychosocial treatment and keep the monitoring records in accordance with the Law on Gender Equality in Bosnia and Herzegovina (BiH OG 16/03) on a special form for record keeping. The record keeping form shall contain data on the perpetrators of domestic violence, the victims, the beginning and end of the treatment. The Social Welfare Center shall monitor the execution of the measure and report to the court. On the basis of the health institutions recommendations the Social Welfare Center shall recommend the termination or extension of the treatment or the application an alternative measure.

(2) The Social Welfare Center shall report to the court on the implementation of the protection measure the latest within 6 months or earlier if requested by the court.

Article 10

(1) The health care institution applying treatment shall keep record of all persons who received court ordered psychosocial treatment at their institution. It shall also keep record of all successfully implemented psychosocial treatments.

(2) The health institution shall inform by 31st January on the progress and results of the treatment from the prior year to the Social Welfare Center in the jurisdiction of the perpetrator’s permanent or temporary residence. The health institution shall provide a similar report prior to January 30th upon the request of the competent Social Welfare Center.

Article 11

The record keeping templates to be applied for all records created under Article 9 and 10 shall be published within the Book of Rules.

Article 12

The Book of Rules shall enter into force eight days after their publication in the Official Gazette of RS.

No 03-052-70/06

28 September 2006

Banja Luka

Minister

Dr Ranko Skrbic

RS OG 97/06