CalWORKs Domestic Violence Waivers 2010 CCWRO.ORG 1901 Alhambra Blvd., Sacramento, CA Tel: Cell: ATTENTION : This “powerpoint” presentation is intended to be presented with an oral presentation to fill in the blanks left vacant. If you want a presentation, please contact CCWRO at or complete our “training request form” at: ATTENTION : This “powerpoint” presentation is intended to be presented with an oral presentation to fill in the blanks left vacant. If you want a presentation, please contact CCWRO at or complete our “training request form” at:

Domestic Violence (DV) Federal law USCA 42 §6029a)(7) CFR 45, § State Law W&IC §11495 et.seq. State Regulations ACIN-I-02-06

Who is a DV victim? Any person who has been abused by: Current or former spouse Live together or have lived together Are dating or have dated Are engaged in or have engaged in sexual relationship Related by blood Have children in common

What CalWORKs rule can be waived for DV victims? All rules except for: 1. Income 2. Property 3. Deprivation

Examples of rules that can be waived WtW Participation Child Support Cooperation Verification Requirements MFG rule 60 month time clock QR-7 Annual redetermination Once-in-a-lifetime homeless assistance

What constitutes DV? Threatened or attempted physical or sexual abuse Physical acts that threaten to result in injury Physical acts that actually result in injury Sexual abuse Being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities Threats to kill or harm people or property Threats to kidnap Threats to commit suicide, stalking Repeated use of degrading or coercive language

More of what constitutes DV Controlling access to food and sleep Controlling or withholding access to economic and social resources Talking with the victim You seemed frightened of your partner; Has he ever hurt you? Your partner seemed not to want to let me speak with you alone. I’m concerned that he might want to control what you tell me. Do you think that is happening? I noticed you check with your partner before you answer any questions; Are you afraid you might get hurt if you say the “wrong” thing?

More on what constitutes DV Are you in a relationship where you get hit, punched, kicked or hurt in any way? Do arguments ever end in your partner pushing, shoving or slapping you? Has your partner ever used a fist or weapon to hurt or threaten you? Does your partner force you to engage in sex that makes you uncomfortable? Does your partner ignore your decisions regarding safe sex or contraceptives?

More on what constitutes DV Does your partner ever call you names or put you down? When your partner gets angry, does he throw things? Does your partner hurt your pet? Does your partner accuse you of having affairs? Check up on you? Do you have to ask your partner’s permission to do things you want to do?

County Requirements for Waivers Counties are required to have a waiver policy County Waiver Policies shall be publicly available See ACL98-58

County Option state regulation MPP § County Standards Where statutes or CDSS regulations authorize counties to adopt specific standards which affect an applicant’s/recipient’s eligibility or grant amount or welfare-to-work activities, including supportive services, such standards shall be in writing and shall be made available to the public upon request.

Is this information publicly available? The client can go to the welfare office and ask the receptionist for a copy of the County DV Policies. In addition, a “tester” ( like an intern) should go to the welfare office once every three months to verify that the policies are publicly available. Ask your worker why the welfare office does not make the information “publicly available”.

How to prove DV? Sworn statements by a victim of past or present abuse shall be sufficient to establish abuse unless the agency documents in writing an independent, reasonable basis to find the recipient not credible.

How can the county prove otherwise? ….Evidence may also include, but is not limited to: police, government agency, or court records or files; documentation from a domestic violence program, legal, clerical, medical or other professional from whom the applicant or recipient has sought assistance in dealing with abuse; or other evidence, such as a statement from any other individual with knowledge of the circumstances that provide the basis for the claim, physical evidence of abuse, or any other evidence that supports the statement.

Is there a time limit for asking for a waiver? No ACIN I Q&A #6 states: QUESTION: Can a county grant a recipient request to retroactively waive program requirements for a recipient who was a victim of domestic abuse? ANSWER: Yes. On a case-by-case basis, counties may provide retroactive waivers to recipients who are victims of domestic abuse. The county’s criteria for granting retroactive waivers must be provided for in the county domestic abuse standards and policies. MPP § states in part: “…Sworn statements by a victim of past or present abuse shall be sufficient to establish abuse, unless the county documents in writing an independent a reasonable basis to find the applicant or recipient not credible.”

How to ask for a waiver A waiver request should be in writing and it should have the following components: 1. A sworn statement (which is not a statement under penalty of perjury) that the person was a victim of domestic abuse and assert one of the types set forth in the abuse questionnaire. 2. It shall state what program requirement is being asked to be waived. 3. Submit the waiver request to the CWD and get a receipt for it. 4. If the county does not respond to the request with a Notice of Action within thirty (30) days request a state hearing.