323 FAMILY/DOMESTIC VIOLENCE OPTIONS (FVO) (FAM) |
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Families receiving or applying for Financial Assistance to Needy Families (FANF) that include an individual who is or has been a victim of family/domestic violence, may request certain accommodations in the New Hampshire Employment Program (NHEP) called Family Violence Options (FVO).
FVOs may include:
• an extension from the 60-month lifetime limit on receipt of FANF. Note that an assessment is also required when an individual requests this FVO extension;
• being granted appropriate accommodations pertaining to NHEP participation requirements. Note that an assessment is also required when an individual requests this FVO; and
• a waiver of child support cooperation requirements. Note that the individual must complete BFA Form 754B, Good Cause Claim for Non-Cooperation with Child Support, as well if requesting this FVO, but an assessment is not required when an individual requests this FVO.
FVOs provide an individualized assessment, referrals, and service planning for:
• victims of sexual harassment;
• survivors of domestic violence;
• survivors of sexual assault; or
• survivors of stalking
Definition of Sexual Harassment
The term “sexual harassment” means hostile, intimidating, or oppressive behavior based on sex that creates an offensive work environment
Definition of Family/Domestic Violence
The term "family/domestic violence" has the same meaning as "battered or subjected to extreme cruelty," and is defined as having been subjected to any of the following:
• physical acts that resulted in or threatened to result in physical injury to the individual;
• sexual abuse;
• sexual activity involving a dependent child;
• being forced as the caretaker relative of a dependent child to engage in non consensual sexual acts or activities;
• threats of, or attempts at, physical or sexual abuse;
• mental abuse; or
• neglect or deprivation of medical care.
Definition of Sexual Assault
The term “sexual assault” means any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent.
Definition of Stalking
The term “stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
• fear for their safety or the safety or others; or
• suffer substantial emotional distress.
FVO Standardized Procedures and Documentation
The individual requesting an accommodation in NHEP participation under the FVO must complete BFA Form 754C, Request for Family/Domestic Violence Option, and provide any of the following documentation:
• court, medical, criminal, child protective services, social services, psychological or law enforcement records;
• a written statement from a public or private social agency;
• a written statement from a public or private social agency providing family/domestic violence services; or
• sworn statements from individuals, other than family members, knowledgeable of the circumstances.
Exception: If an individual is unable to obtain the documentation listed above, the individual requesting the FVO may sign the section on BFA Form 754C indicating that they or a family member are or have been a victim of sexual harassment, or survivor of domestic violence, sexual assault, or stalking and that compliance with program requirements would:
- make it more difficult for the family to escape the violence;
- unfairly penalize the family who is or has been victimized by such violence; or
- put the family at further risk of violence.
An FVO assessment is required in addition to BFA Form 754C when an individual requests:
• an extension of the 60-month lifetime limit on FANF financial assistance; or
• accommodations in NHEP.
False information provided on BFA Form 754C will result in the denial of the FVO request and is referred to the Special Investigations Unit (SIU) for fraud investigation if the individual received FANF financial assistance based upon the false information.
While still with the individual, the department must contact the Assessment and Intervention Unit (AIU) at 1-800-852-3345 ext 19322 or 271-9322 to schedule the individual for an FVO assessment. The AIU Counselor can speak directly with the individual to schedule an appointment.
If the department reaches the AIU answering machine leave a message on the machine with the individual’s name, case number, RID number, and a safe phone number at which a return call to the individual can be made.
Regardless of whether or not AIU was contacted during the interview, follow up with an email to the mailbox FVO Community Referrals.
If it is not safe to call the individual, inform the individual it is their responsibility to contact the AIU within 2 business days.
If the department or the individual requesting the FVO does not make contact with an AIU Counselor to schedule this required FVO assessment, the department must notify the individual that:
• the individual is responsible for contacting the AIU at the number above within 2 business days to schedule this assessment; and
• failure to schedule and participate in this assessment will result in an automatic denial of the accommodations in NHEP.
Specific Requirements
An individual may request accommodations in NHEP requirements based upon family/domestic violence provided the individual making the FVO request:
• follows the FVO Standardized Procedures and Documentation above for documenting and verifying a claim based upon family/domestic violence;
• participates in an individualized FVO assessment with an AIU Counselor; and
• develops an individualized service plan.
References: He-W 602.08; He-W 602.10; He-W 606.31; He-W 637.18; 45 CFR 260.50-260.55; 42 USC 602(a)(7); 42 USC 608(a)(7)(C)(iii)