731-2 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 ATAP families.
Notification of the right to claim good cause and screening for domestic violence during the application process ensures victims of domestic violence are given the opportunity to disclose information bout their situation, so that a good cause decision can be made.
731-2 A. NOTIFICATION OF RIGHT TO CLAIM GOOD CAUSE
Caseworkers must give the Notification of Right to Claim Good Cause (TA 6) to applicants during the interview.
Caseworkers must also ensure that clients understand that disclosure is voluntary, and inform them that they may disclose at any time while receiving TA .
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.
731-2 B. SCREENING FOR DOMESTIC VIOLENCE
Screening for domestic violence begins during the intake interview and is expected to continue through Work Services case management activities. The caseworker and Work Services case manager should be aware of behaviors or actions associated with domestic violence to help identify clients requiring special assistance.
731-2 C. NON-DISCLOSURE NOTIFICATION - CHILD SUPPORT
During the interview, caseworkers must inform clients affected by domestic violence of their right to request that CSSD not release information about them or their children. The "Affidavit and Request for Non-disclosure of Identifying Information" forms (CSSD 04-0500a / CSSD 04-0502) are used for this purpose. The forms are used to keep identifying from being released to a person (such as a parent) who would otherwise be entitled to have information about the child support case.
Maintaining confidentiality and awareness for the safety of clients during the notification and screening processes is 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 caseworker or Work Services case manager present.
There may be times when clients given DPA or Work Services a written release or verbal consent to discuss their situation with other entities. It is important that caseworkers and Work Services case managers familiarize themselves with MS 100-3 and 116-4 of the Alaska Administrative Procedures Manual prior to disclosing confidential information in person or in writing with anyone other than the client.
If an applicant discloses, begin assessing the family's situation with the client and determining which program requirements, if any, to waive through a good cause determination.
Clients affected by domestic violence may request that CSSD withhold their names and addresses from the absent parent. They may do this by signing the "Confidentiality of Information for Domestic Violence Victims" form (04-500A). Caseworkers must immediately send the signed affidavit to CSSD . If CSSD is not notified of the non-disclosure request, it is required to provide information about the custodial parent upon request. Immediate notification to CSSD of the client's request that CSSD not disclose identifying information helps to further ensure the client's safety.
Whenever a client discloses domestic violence incidents, offer a referral to the local provider of domestic violence and sexual assault services for safety, planning, and counseling.
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 and the Work Services case manager. The initial good cause determination should not exceed six months, with a review scheduled to discuss the situation with the client and assess whether an extension is necessary.
When reviewing a good cause decision, examine the client'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 a client 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.
Note:
The caseworker should determine good cause on a domestic violence claim only in an application situation. However, if the caseworker is required to pend the claim for verification and the Work Services case manager is able to meet with the client during the pend period AND determine good cause, then the caseworker will use the good cause determination made by the Work Services case manager.
Previous Section | ||
MC #63 (09/19) |