Grounds for Good Cause due to Domestic Violence

An applicant or client (hereafter referred to as client), at any time, can request good cause due to domestic violence (DV) from certain TAFDC program rules (such as 24-month Time-limited benefits or work program), certain EAEDC and SNAP rules and other DTA requirements. Proof that a client is a current or past survivor of DV is not sufficient documentation for the Department approving a good cause due to DV claim.

Note

A client may be granted good cause for not cooperating with child support due to DV. See Child Support Good Cause for additional information.

To be approved for a good cause due to DV claim, the client must also demonstrate that compliance with a specific program may:

place the client or his or her child at risk of DV which may result in serious harm or emotional impairment to the client or his or her child

Note

Serious emotional impairment must be of such severity that it would significantly reduce the client’s capacity to care for him/herself or significantly reduce his or her capacity to perform essential activities of daily living.

make it more difficult for the client and/or and his/her child to escape a current DV situation or
unfairly penalize the client and/or or his/her child as a current or past victim of DV or as a person who is at risk of further DV.

Verification(s) for a good cause due to DV claim

The client must verify that his or her situation meets at least one of the above criteria as grounds for good cause due to DV by submitting one or more of the following:

a signed statement which includes:
- the specific grounds for the good cause claim due to DV as specified above
- the reason he or she believes imposition of the specific requirement may place him/her or his/her child at risk of DV which may result in serious harm or emotional impairment
- the reason compliance with the requirement may unfairly penalize him/her, or make it more difficult for him/her or his/her child to escape DV and
- a detailed description of any DV incidents that provide evidence of the need for the good cause consideration and the approximate dates of such incidents and

court, medical, criminal, child protective service, psychological, law enforcement or school records or
documents that show that he or she has obtained an order of protection or has taken other legal steps to end the DV, evidence that he or she has sought safe-haven in a DV shelter or similar refuge, documentation of injuries such as medical records or photographs or
if the client is unable to obtain the required documentation, or if documents submitted are inconclusive for proving past or current DV, a sworn statement from the client and at least one other individual with knowledge of the circumstances that specifically details a history of DV, rape or incest and other facts which support his or her good cause claim.

Note:

A sworn statement is a person’s statement of facts relevant to a particular action. The document is considered sworn by the inclusion of a statement that states the writer’s declaration that facts and information are made under the penalties of perjury. The statement must include the person’s name, address, the date on which the statement is being made, and the detailed statement about the DV, etc.

The sworn statement does not require the use of a Notary Public.

Important:

The client and his or her witness are not allowed to use DTA’s Self-Declaration Form, Self-Declaration Form (S) for the purpose of the sworn statement concerning good cause due to DV.

Good Cause due to Domestic Violence - Overview

Good Cause due to Domestic Violence Policy and Procedures

Grounds for Good Cause due to Domestic Violence

Last Update: May 2, 2019