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1410 Domestic Violence Waiver Policy |
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( ) To release a new policy ( ) To release a new form ( ) To convert existing policy to new writing style only – No concept changes (X ) Revision of existing policy and/or form(s).
Provide clarification and guidance regarding the Domestic Violence (DV) process, the retroactive application of waivers, and the applicability of Good Cause (GC) and DV waivers for CalWORKs participants.
NOTE: Changes are shown highlighted in grey throughout the document.
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State regulations allow for past/present DV victims to self-disclose DV, and to be temporarily granted a DV waiver of any CalWORKs Program rule/requirement when a past/present DV circumstance temporarily prevents or significantly impairs the participant’s ability to be regularly employed or to participate in Welfare-to-Work (WtW) activities.
When a participant discloses a past/present DV situation and indicates that a past/present DV circumstance causes a barrier to employment or participation in WtW, staff is to always consult with a DV service provider to obtain his/her professional opinion, not to use their own judgment when evaluating a DV situation. Additionally, every consideration is to be provided to participants and their families in order that they are not placed at further risk of DV, including strict confidentiality provisions, and waivers of certain program rules/requirements.
Participants identified as DV victims shall be referred to Specialized Supportive Services (SSS) Staff that are trained in serving individuals who are victims of DV. As such, when a participant requests a DV waiver, he/she shall be referred for an initial DV Assessment conducted by a DV service provider to determine whether the past/present abuse temporarily prevents or significantly impairs the participant’s ability to be regularly employed or to participate in WtW activities on a full-time basis (20/30/35 hours per week), including services, or if there is GC from WtW participation. For example: A participant’s ability to participate is impaired whenever the effects of past/present DV limits his/her ability to participate in WtW or to work full-time, and he/she would be eligible for a temporary DV waiver of any WtW Program requirement and a 48-Month Time Limit (MTL), 24 MTL clock stopper, or an extender of the 48 MTL.
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With the passage of the Welfare Reform and later implementation of the CalWORKs Program and All County Information Notice (ACIN) I-02-06, dated January 9, 2006, CalWORKs Domestic Abuse Protocols and Waivers.
All County Letter (ACL) 14-59, dated August 21, 2014, provides clarification regarding the DV protocols, new criteria when determining waivers of any CalWORKs Program rules/requirements (i.e., Maximum Family Grant (MFG) rule, etc.) for past/present DV victims, and limits retroactive application of waivers with GC.
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