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.