731-2          DOMESTIC VIOLENCE

Certain program requirements may be temporarily waived if compliance would:

• Endanger a family affected by domestic violence; or
   

• Interfere with the family’s ability to escape domestic violence or its escalation; or
   

• Unfairly penalize them.

Individual’s affected by domestic violence are required to participate in work activities and cooperate with the Child Support Services Division.  However, these requirements may be temporarily waived if, in consultation with the individual, it is determined necessary.  This section discusses the screening process for domestic violence and provides guidance for case management regarding work activity assignment.  For policies related to:

• Child Support, see MS 717;
   

• Time limit exemptions, see MS 701;
   

• Good cause for not participating in work activities, see MS 723-4.

731-2 A.     DEFINITIONS

1. Domestic violence is a learned pattern of violent behavior and coercive tactics that control the thoughts, beliefs, and conduct of a particular individual.  Domestic violence, as defined by state law, is one or more of the following offenses, including an attempt to commit the offense, by one family member against another:

• Assault and reckless endangerment in any degree, including threats and threatening behavior;
   

• Violating a domestic violence order;
   

• Harassment;
   

• Criminal trespass, which is entering or remaining unlawfully on premises, land, or in a dwelling or vehicle with intent to commit a crime;
   

• Criminal mischief;
   

• Coercion, or forcing someone to behave in certain ways by threatening them with consequences;
   

• Kidnapping and custodial interference;
   

• All types and degrees of sexual assault against adults and minors, which includes any form of non-consensual sexual contact;
   

• Robbery;
   

• Extortion, or taking control of another’s property by means of a threat;
   

• Burglary;
   

• Arson and criminally negligent burning, or using fire to intentionally damage property and/or place another person in danger of injury;
   

• Terroristic threatening;
   

• Homicide.

Note:

An abuser does not have to be convicted of a crime in order for their behavior to be defined as domestic violence.

2. Family members, for domestic violence purposes, are adults and minors who:

• Are related by blood or adoption; or
   

• Are or were related by marriage; or
   

• Are or were married; or
   

• Have dated or lived together; or
   

• Have engaged in a sexual relationship.

The minor children of a person in one of the relationships listed above are also family members.

731-2 B.     DOMESTIC VIOLENCE AS A BARRIER TO EMPLOYMENT

Domestic violence may be as subtle as verbal or emotional abuse or as visible as physical injuries.  Any of these forms of abuse may affect the ability of the individual to comply with work requirements.  Abusers may deliberately interfere with an individual’s struggle toward independence in an effort to control and isolate the individual.  They can actively interfere with self-sufficiency activities by causing the individual to miss planned training activities, job interviews, or appointments by:

• Sabotaging child care arrangements.  This may include failing to watch the children as agreed or harassing babysitters;
   

• Calling the work site and telling lies about the individual;
   

• Verbally harassing the individual at work, by telephone, or in person;
   

• Cutting off the individual’s hair;
   

• Destroying or hiding clothing needed for classes, interviews, or work;
   

• Keeping the individual up all night before interviews or tests;
   

• Restricting access to family transportation; or
   

• Turning off the alarm clock.

Non-compliance with work activities may occur frequently in households affected by domestic violence and could be the result of attempts by the abuser to control the actions of the individual.  Although an individual’s behaviors may appear to be non-compliant, they could indicate that a client has good cause and warrant further investigation.

Some behaviors affecting work performance which may signal that a person is suffering from the effects of domestic violence include:

• Distraction and/or poor ability to concentrate and make decisions;
   

• Changes in behavior or emotion;
   

• Depression or hopelessness;
   

• Passive or aggressive behavior;
   

• Difficulty dealing with authority figures;
   

• Frequent absenteeism due to medical problems or concerns about children;
   

• Excuses for poor performance which are not credible;
   

• Arriving at appointments late or leaving early;
   

• Allows another family member to exert an unusual amount of control over the individual’s life.

731-2 C.     NOTIFICATION AND SCREENING

Notification about the right to claim good cause for not participating in work activities or cooperating with the Child Support Services Division must be given to all Temporary Assistance families.

Notification of the right to claim good cause and screening for domestic violence during the application process ensures that victims of domestic violence are given the opportunity to disclose information about their situation.  It also allows case workers to make, if necessary, good cause decisions before requiring them to comply with work activity or child support requirements.

1. Notification of Right to Claim Good Cause

Case workers must give the Notification of Right to Claim Good Cause (Form TA Temporary Assistance #6) to applicants during the interview.

Case workers must also ensure that individuals understand that disclosure is voluntary, and inform them that they may disclose at any time while receiving Temporary Assistance.

Note:

Making domestic violence information available in offices or discussing the subject during orientation is not a substitute for notification and screening during the interview.

2. Screening for Domestic Violence

Screening for domestic violence is accomplished during the intake interview and is expected to continue through case management activities.  The case worker should be aware of behaviors or actions associated with domestic violence to help identify individuals needing special assistance.

3. Non-Disclosure Notification - Child Support

During the interview, case workers must inform individuals affected by domestic violence of their right to request that CSSD Child Support Services Division not release information about them or their children, and give them the Release of Information/Affidavit and Request for Address Confidentiality forms ( CSSD Child Support Services Division 04-0500b/ CSSD Child Support Services Division 04-0502).

4. Confidentiality

Maintaining confidentiality and awareness for the safety of individuals during the notification and screening processes is absolutely crucial because disclosure may threaten their safety.  If requested, clients must be given the opportunity to discuss domestic violence individually, without anyone other than the case worker present.

There may be times when clients give us a release to discuss their situation with others.  Once our policies are explained, we can accept a client’s informed consent to have another person present or discuss their situation with others.

731-2 D.     DISCLOSURE

If an applicant discloses, begin assessing the family’s situation with the individual and determining which program requirements, if any, to waive through a good cause determination.

Individuals affected by domestic violence may request that CSSD Child Support Services Division withhold their names and addresses from the absent parent.  They may do this by signing the Release of Information/Affidavit and Request for Address Confidentiality forms ( CSSD Child Support Services Division 04-0500b/ CSSD Child Support Services Division 04-0502) or checking the appropriate box on the first page of the CSSD Child Support Services Division 04-1603a form.  Case workers must immediately send the signed affidavit to CSSD Child Support Services Division .  If CSSD Child Support Services Division is not notified of the non-disclosure request, it is required to provide information about the custodial parent upon request.  Immediate notification to CSSD Child Support Services Division of the individual’s request that CSSD Child Support Services Division not disclose identifying information helps to further ensure the individual’s safety.

731-2 E.     REFERRALS

Whenever an individual discloses domestic violence, offer a referral to the local provider of domestic violence and sexual assault services for safety planning and counseling.

731-2 F.     GOOD CAUSE

Good cause determinations due to domestic violence may be applied for different lengths of time.  The length of each good cause determination and appropriate activities to resolve the domestic violence situation are determined jointly with the client.  The initial good cause determination should not exceed six months, with a review scheduled to discuss the situation with the individual and assess whether an extension is necessary.

When reviewing a good cause decision, examine the individual’s current life situation and consider their assessment of the need for an extension and any steps they are taking toward self-sufficiency.  Continue to allow good cause if it will ensure the family’s safety, or if other circumstances make an extension of the good cause decision reasonable.  For example, a victim is recovering from injuries, child custody proceedings are continuing and causing the client to fear for her or her children’s safety, jobs are lost due to harassment, safe housing cannot be obtained in the time allotted, etc.

Not every client disclosing domestic violence will need to be excused for good cause; it is a case-by-case determination.  At times, taking part in work activities may help an individual escape the effects of domestic violence.  Consider the family’s current situation and their plan for achieving self-sufficiency when determining good cause for reasons of domestic violence.