Domestic Violence Waiver- Procedures

 

A Domestic Violence (DV) Waiver may be requested when a client wishes the Department to waive certain program rules due to current or past domestic violence. A TAFDC client can request a DV Waiver from the following TAFDC program requirements:

 

Important

When DV is acknowledged by a client or if you feel that the safety of the client and/or the children are in jeopardy, a referral to the DV Specialist who is assigned to your TAO must be made. While you must always refer a client to the DV Specialist, the client is not obligated to meet with them.

 

Both the client and Department staff have important obligations when a DV Waiver is requested. The DV Waiver packet (as outlined below) must be completed and submitted to the Central Office designee for consideration within 30 days of the date of the request.

 

Case Manager Responsibilities:

You are responsible for explaining the DV Waiver process including how it applies to various program rules.

you must:

 

Important

Staff must use the prescribed language only. Documentation referencing domestic violence must never be mailed to a client.

 

Issue a Verification Checklist (VC-1) for any outstanding verification(s) that must accompany the DV Waiver form.  Select Other from the Item drop-down menu and enter Waiver Request and proofs.  In the “Example of Proofs You May Provide” section, annotate the following language only: “The completed Waiver Request form and proofs. If you have questions on how to complete the form, what proofs are acceptable or need help getting proof, let us know right away.”

 

Important

Staff must use the prescribed language only. Documentation referencing domestic violence must never be mailed to a client.

 

The appropriate BEACON pages must be updated to reflect the pending request. For requests including the 24-month Time Limited benefits, the Work Program requirements, or the Teen Parent school attendance requirement, the Meets compliance reason of Domestic Violence Waiver must be selected from the drop down list on the Work Requirements-TAFDC page.

 

To submit the DV Waiver request on behalf of a client:

Supervisor Responsibilities

The supervisor must ensure that DV Waiver requests are processed by the case manager in a timely manner. The supervisor must also review the DV Waiver packet for completeness, and sign the required forms. The DV Waiver packet must then be submitted to the TAO DV Liaison, who is a TAO director or assistant director.  

 

DV Specialist and Coordinator Responsibilities

If the client requests a waiver, the DV Specialist or Coordinator will make a recommendation as to whether or not a DV Waiver should be granted. Without meeting with the client, it may be difficult to make such recommendations

 

Note

DV Coordinators oversee the DV specialists in each DTA region.

 

It is important to remind clients that it is in their best interest to meet with the DV Specialist, although not required as a condition of approval for a DV Waiver.

If a TAFDC client wishes to request a DV Waiver:

 

DV Liaison responsibilities for submitting DV Waiver requests

The DV Liaison must ensure that DV Waiver requests are submitted to the Central Office designee within 30 days of the request. The DV Liaison must also review the DV Waiver packet for completeness, and sign the required forms. The DV Waiver packet must be scanned and emailed to the Central Office designee.

The DV packet must include the Request for a Domestic Violence Waiver, TAFDC Case History for Domestic Violence Waiver Request, Domestic Violence Summary and Domestic Violence Waiver Request Decision Response forms as well as any verification submitted by the client or other third parties.

The email subject line must identify clearly the request and the client’s Agency ID only. For example: “DV Waiver Request– Agency ID 1234567.” If any portion of the packet is incomplete, the absent information must be noted in the email to the Central Office designee.

For example: “Day 30, since date of requested DV Waiver for work program requirements. DV Specialist and case manager attempted to reach client several times during the Waiver process, client has not provided any verification to date.”

 

Central Office Designee responsibilities for approving or denying a DV waiver

The Central Office Designee is responsible to review all DV Waiver packets and make a determination as to whether or not a waiver should be granted. If granted, the designee will also determine whether the waiver is permanent or temporary in nature, and if temporary for how long it is approved.

When the waiver is reviewed and a decision is made, the Central Office Designee will complete the Notice of Approval, or Notice of Denial, of Domestic Violence Waiver from Certain Program Requirements form. When multiple waiver types have been requested on the same Request for a Domestic Violence Waiver, a separate Notice of Approval, or Notice of Denial, of Domestic Violence Waiver from Certain Program Requirements form will be completed for each.

The designee will scan and email the Notice of Approval, or Notice of Denial, of Domestic Violence Waiver from Certain Program Requirements form to the TAO DV Liaison and DV Coordinator.

 

Implementation of Waiver Decision

The Notice of Approval, or Notice of Denial, of Domestic Violence Waiver from Certain Program Requirements serves as notice to the client of the decision for their request. This form must not be mailed to the client. The DV Liaison will print and provide the case manager the Notice of Approval, or Notice of Denial, of Domestic Violence Waiver from Certain Program Requirements.

The case manager must update the appropriate BEACON pages to reflect the decision.

For approvals of requests including the 24-month Time Limited benefits, the Work Program requirements, or the Teen Parent school attendance requirement, the Meets compliance reason of Domestic Violence Waiver should already be listed on the Work Requirements-TAFDC page. The Compliance end date must reflect the period identified on the Notice of Approval, or Notice of Denial, of Domestic Violence Waiver from Certain Program Requirements form.

For denials of requests including the 24-month Time Limited benefits, the Work Program requirements, or the Teen Parent school attendance requirement, the Meets compliance reason must be corrected to reflect the client’s requirement (usually Participation but be sure to check if any other reasons are applicable) on the Work Requirements-TAFDC page.

 

To inform the client of the DV Waiver request decision:

 

Important

Staff must use the prescribed language only. Documentation referencing domestic violence must never be mailed to a client.

 

At the end of the DV Meets Compliance period, the client will receive a Work Program Compliance/Exemption Change notice telling him or her that the period is ending, that there are ways to meet the work program requirement, and that if the client wishes to discuss them (including extending the DV Waiver period) you must meet with the client and ask him or her whether he or she wants to request a continuance.

The steps for requesting a subsequent DV Waiver are the same as stated above.

 

Important

Communication between the case manager, the DV Specialist and the Domestic Violence Liaison is key during the waiver request process as well as during the waiver approval period.  For example, if as a result of a recently approved disability exemption, a request for a waiver of the 24-month time limit is no longer necessary, the DV Specialist and the DV Liaison must be informed of this change.

 

 

Domestic Violence

Domestic Violence Specialists Narratives

Introduction to Child Support Good Cause

Good Cause due to Domestic Violence Policy and Procedures

 

 

  Last Update:  May 2, 2019