The Family Violence Option
From CalWORKs | Welfare Resources
The CalWORKs program recognizes the high incidence of domestic violence among recipients. The statute requires counties to (a) identify applicants and recipients who are abuse survivors while maintaining confidentiality, (b) refer them to supportive services, and (c) waive any program requirement that would make it more difficult to escape abuse or would unfairly penalize those who have been abused. WIC §§ 11495.1, 11495.15. Requirements that can be waived include:
- 60 month time limit (MPP 42-302, 42-713.22 and 42-715.512(a))
- Welfare to Work participation requirements (MPP 42-710.65; and 42-715.512(b))
- Child Support Cooperation requirements (MPP 82-512 and 42-715.512(d) and (e)).
(The basic regulation covering the Family Violence Option is MPP 42-715. ACL 99-09 contains most of the domestic violence regulations in one packet.)
Arguments can also be made that eligibility requirements such as the ban on convicted drug felons, family cap on increased benefits, teen parents living at home, or immigration status may also be waived if a connection between the abuse and the inability to meet the requirement can be shown. However, some requirements cannot be waived, including "deprivation" (the aided child must be deprived of one parent's support), financial eligibility (income and asset rules), and the homeless assistance payment rules. MPP 42-715.511.
"Abuse" can include victims of both intimate and stranger violence. Examples include actual or threatened physical or sexual abuse, mental abuse, deprivation of medical care, and stalking. WIC § 11495.25; MPP 42-701.2(d)(3) and (4). "Abuse" can be proven by the applicant's own sworn statement. WIC § 11495.25; MPP 42-715.12.
