323 FAMILY/DOMESTIC VIOLENCE OPTIONS SR 01-11, 04/01 (FVO) (FAM-A)

Families that include an individual who is or has been a victim of family/domestic violence may request special consideration within TANF, including:

• an exemption from the 60-month lifetime limit on receipt of financial assistance;

• special considerations within NHEP; and

• a waiver of child support cooperation requirements.

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 nonconsensual sexual acts or activities;

• threats of, or attempts at, physical or sexual abuse;

• mental abuse; or

• neglect or deprivation of medical care.

Family/Domestic Violence Standardized Procedures and Documentation

The individual requesting special consideration under the Family Violence Option must complete Form 754C, TANF FVO Request, 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 a client is unable to obtain the documentation listed above, accept the signed section on Form 754C indicating that they or a family member are a victim of family/domestic violence and that compliance with program requirements would:

• make it more difficult for the family to escape the family/domestic violence;

• unfairly penalize the family who is or has been victimized by such violence; or

• put the family at further risk of family/domestic violence.

False information provided on Form 754C will result in the denial of the Family Violence Option request and should be referred for fraud investigation if the individual received TANF financial assistance based upon the false information.

Specific Requirements for a FVO Waiver of the 60-Month Lifetime Limit

A family may request a temporary extension to the 60-month lifetime limit based on family/domestic violence. The individual requesting the extension to the 60-month lifetime limit must participate in a face-to-face Hardship Review Interview, complete Form 785 and comply with other requirements specified in FAM PART 134. In addition, the individual must do the following for the request to be considered:

• follow the Family/Domestic Violence Standardized Procedures and Documentation above for documenting and verifying a claim based upon family/domestic violence;

• participate in an individualized assessment; and

• develop an individualized service plan.

A person trained in family/domestic violence must complete both the individualized assessment and the individualized service plan with the client.