323 FAMILY/DOMESTIC VIOLENCE OPTIONS SR 08-04, 04/08 (FVO) (FAM-A)

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

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

• being excused from NHEP participation requirements; 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 to be excused from NHEP participation under the Family Violence Option must complete Form 754C, Request for Family/Domestic Violence, 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 *financial assistance based upon the false information.

Specific Requirements

An individual may request to be excused from NHEP requirements based on family/domestic violence provided they:

• 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.