Domestic Abuse Exemption/Extender

An individual who is a past or present victim/survivor of domestic abuse may be exempt from Employment Services activities and/or have certain program regulations waived on a case-by-case basis, but only for as long as domestic abuse prevents the individual from obtaining employment or participating in Employment Services activities. Program requirements/regulations that may be waived, include:

• WTW participation
• 60-month time limit on receipt of CalWORKs benefits
• Education requirement (for Cal-Learn participants)
• Paternity establishment,
• Child support cooperation,
• Once every 12-months Homeless Assistance rules,
• Sponsored non-citizen deeming rules
• Immunization requirements, and
• School attendance requirements.

Welfare-to-Work Participation

When a CalWORKs client is approved for a Domestic Abuse Exemption/Extender, the CalWORKs Social Worker/Domestic Violence Advocate will consult with the Employment Counselor and any other agency working with the client, to develop a plan which removes the client’s barrier(s) to self-sufficiency.

Clients are encouraged to participate in WTW activities, to the full extent of their abilities, including appropriate counseling and treatment programs, to enable them to move toward self-sufficiency.

CalWORKs clients approved for a domestic abuse waiver are eligible for all supportive services and payments for which a mandatory registrant would qualify, if they are participating in a domestic abuse related activity/service.

60-month Time Limit

Exemption

CalWORKs clients approved for a domestic abuse exemption will not have their time on aid (TOA) counted against their CalWORKs 60-month time limit.

Extender

CalWORKs clients who have been aided as an adult for 60-cumulative months, may receive CalWORKs beyond the 60-month time limit, when the client is a victim or a survivor of past or present domestic abuse, and it is determined that the abuse has significantly impaired the client’s ability to participate in self-sufficiency activities. The TOA extender begins:

• For Safety Net cases: the first of the month, following the month verification is received, or the first of the following payment period if results in a grant decrease,
  • Refer to Adding a Person to the AU and Beginning Date of Aid.

  Refer to Time Limits (EAS 42-302) for more detailed information regarding TOA Extenders/Exemptions.

  Paternity Establishment/Child Support Cooperation

  CalWORKs clients who disclose domestic abuse will be offered the opportunity to claim “good cause” regarding paternity establishment and child support cooperation when:

  • The child(ren) will have an increased risk of physical, sexual, or emotional harm
  • The risk of domestic abuse to any person receiving aid on behalf of an aided child and the person as listed in the “Domestic Relationship” definition is increased
  • It would be contrary to the best interest of the child.

  A CalWORKs client who discloses domestic abuse may have the LCSA requirements regarding paternity and child support requirements waived. The “Child Support - Good Cause Claim For Noncooperation” (CW 51) must be completed with the client following existing procedures. The EW must complete the “good cause” process and the SSPM or the SSPM’s representative will make the final decision.

  Refer to the Good Cause Determinations topic in Common Place Handbook Chapter 14 for more information.

  Maximum Family Grant (MFG)

  The rules regarding the exclusion of a MFG child were repealed effective January 1, 2017. This change was not applied retroactively and the number of needy persons in a family continued to exclude the needs of a child subject to the MFG rule until 1/1/2017. For additional information on the MFG rule, refer to MFG.

  Homeless Assistance

  An Assistance Unit may be eligible for temporary and permanent homeless assistance every 12 months. Clients may also receive temporary and permanent homeless assistance as an exception to the once every 12 month rule when homelessness is a direct result of domestic violence by a spouse, partner, or roommate.

  Clients are permitted to verify Domestic Violence as an exception to the rule with a sworn statement made by the victim, unless the county documents in the case file a reasonable basis to find the recipient not credible.

  Example Example A CalWORKs recipient received homeless assistance in January 2017. In November 2017, the client requests homeless assistance and declares, in a sworn affidavit, that she is currently a victim of domestic violence. If otherwise eligible, homeless assistance is granted to the client. The client may request homeless assistance and be eligible again in January 2018 based once every 12-months rule.

  Expanded Temporary Homeless Assistance

  An apparently eligible applicant, who is fleeing domestic abuse and who provides a sworn statement of past or present abuse, is considered homeless and may be eligible for up to 32 days of Expanded THA. The available income and assets (such as cash on hand) used to meet the applicant's needs at the time of application is used to determine the immediate need property limit. Additionally, the income and assets of the alleged abuser are not considered when determining eligibility for Expanded THA.

  Sponsored Non-Citizens

  A sponsored CalWORKs client who discloses domestic abuse may qualify to have the sponsored non-citizen deeming rules waived for a 12-month period. To be exempt from the deeming rules, there must be a substantial connection between the battery or extreme cruelty and the need for aid.