1410 Domestic Violence Waiver Policy

.Purpose

Policy

Background

Release Date:

2/24/2016

Definitions

Requirements

Verification Docs

GAIN

1410 Domestic Violence Waiver Policy

Purpose

( ) 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.

Policy

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.

Background

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.

Definitions

Term

Description

Domestic Abuse

42-701.2(d)

Assaultive or coercive behavior perpetrated by a member of a domestic relationship which includes any of the following:

· Physical abuse;

· Sexual abuse;

· Psychological abuse;

· Coercion;

· Economic abuse;

· Stalking;

· Isolation;

· Threats;

· Intimidation, threats, or behavior that puts the individual in fear of his/her safety;

· Neglect of deprivation of medical care;

· Tactics of power and control; and

· Other types of coercive behavior.

Domestic Relationship

42-701.2(d)

Are relationships between individuals who are:

· Current or former spouses;

· Living together or have lived together;

· Dating or have dated;

· Engaged in or have engaged in a sexual relationship;

· Engaged or were formerly engaged to be married; and

· Persons who have a child in common.

Good Cause (GC)

Good Cause is when a past/present DV circumstance temporarily prevents or significantly impairs the participant’s ability to be regularly employed or to fully participate in WtW activities at the required number of participation hours (20/30/35) per week, or non-participation.

Examples of conditions include, but are not limited to:

· Participant is suffering from Post-Traumatic Stress Disorder (PTSD) and can’t be regularly employed or participate full time in WtW activities;

· Participant’s children are suffering from PTSD;

· Participant or the child(ren) are emotionally distraught or depressed and can’t go to go work/school/GAIN;

· Participant is in an emergency DV shelter;

· Participant has safety concern, such as the fact that the abuser is looking for her, friends might disclose her whereabouts, or simply the victim would be at risk if in public, or traveling to or from an activity or location;

· Participant is planning to leave the abuser and can’t participate due to safety concerns;

· Participant and child(ren) are hiding from abuser;

· Participant is homeless due to having left the batterer;

· Participant is involved in litigation in juvenile, criminal and/or family court to protect themselves and his/her child(ren) from harm;

· Participant is party to a restraining order or divorce action against the abuser and cannot participate as required; and

· Any other reason that might make it more likely for the family to return to the abuser, or put the participant’s and/or child(ren) at risk of abuse.

Requirements

Requirement

Limit/Condition

Assessment

An initial DV Assessment must be conducted by a DV services provider to determine whether a past/present DV circumstance temporarily prevents or significantly impairs the participant’s ability to be regularly employed or to participate in WtW activities the required hours (20/30/35) per week.

Staff is not to use their own judgment when evaluating a DV situation. GAIN/Contracted staff must always consult with and defer to the DV services provider’s professional opinion/ recommendation regarding participation in WtW activities and any needed waivers.

Re-assessment

A re-evaluation of the continuing appropriateness of the DV GC determination must be conducted at least every three months.

The DV services providers will re-evaluate the participant’s DV circumstance, service need, and his/her ability to participate in WtW activities at six-month intervals, and the GAIN Services Worker (GSW)/Contracted Case Manager (CCM)/Refugee Employment Program (REP) Case Manager (RCM) will conduct the three and nine-month review by utilizing the GN 6008, Mental Health/Substance Abuse/Domestic Violence/Family Preservation Program Service Provider Progress Report. When in doubt, the SSS GSW/CCM/RCM will consult with the DV services provider.

Verification Documents

Form/ Document	Description
PA 1913	Completed, signed and dated by applicant/participant
PA 853	Completed, signed and dated by applicant/participant
CW 2199-LA	Completed, signed and dated by participant
CW2198-LA	Completed by DPSS/Contracted staff
GN 6138	Completed by GAIN/Contracted staff
PA 1915	Completed by Eligibility staff