Does someone you live with or someone in your family make you afraid by threatening, yelling or physically hurting you or your children? We want you to be safe. Ask the receptionist or your worker for more information about our domestic violence help! AFS - 1541 (Rev. 7-00) About this power point… • This power point is an adaptation of a retired net-link. • Each question or scenario will be followed by a gray screen where the answer or considerations will be displayed. • If you have additional questions about the information on this power point – contact Carol Krager at (503) 945-5931. Temporary Assistance For Domestic Violence Survivors (TA-DVS) And TANF Objectives PTo gain an understanding of TA-DVS and TANF when domestic violence is present PTo practice decision making around TADVS PTo develop an understanding of resources that you can use in domestic violence cases THE BASICS These basics apply to both TA-DVS and TANF Domestic Violence Intervention Expectations…State and Federal law • Identify survivors of domestic violence • Develop alternative service plans for survivors of domestic violence that include: – Individualized assessment of domestic violence related needs – Individualized case management with domestic violence service providers – Development by staff trained in domestic violence – Counseling and support services when appropriate – to the extent possible activities that will lead to work • Maintain TA-DVS eligibility and payment limits at the level in effect in 1997 • Maintain confidentiality for survivors of domestic violence What is abuse? • . . .physical injury or emotional, mental or verbal abuse • . . .fear of imminent serious physical injury • . . .sexual abuse • . . .coercive or controlling behavior Between Who: • family members • intimate partners • or household members Considerations: • The Self-sufficiency definition (given to us in statute) varies from definitions used in other disciplines, • It also varies from the criminal definition, • And may vary from your local domestic violence service provider definition. Question? Locally, how do you know if someone is a victim of domestic violence? Possible Responses: • • • • • • From Questions on the Application Community referral Self-Disclosure Visible Injury Safety Assessment (7802) Employment Readiness Screening Tools (7823) Principles when working with domestic violence survivors • Believe the survivor about the abuse • Understand that the survivor is not responsible for the abuse • Collaborate with local domestic violence service providers • The survivor needs to make her own decisions • Understand that it may take time for the survivor to focus on self sufficiency • Waiving or modifying TANF (including TADVS) requirements that make it more difficult for families to escape violence or puts them at further risk of violence… – Identify specific program requirements that are waived – Waivers should be granted by someone trained in domestic violence – Waivers are granted for as long as necessary with a review no less often than every six months – Waivers should be accompanied by a case plan that is developed by someone trained in domestic violence – Allow domestic violence survivors to receive TANF that would otherwise be eligible expect for the fact they are non-citizens Waiving Requirements in TANF & TA-DVS • When there is a risk of further or future domestic violence, we can waive requirements including, but not limited to… • Non-financial requirements such as... – Client being in her in last month of pregnancy – Citizenship requirements – Children out of home for more than 30 days – Residency – Other non-financial requirements that may put the client at greater risk of domestic violence Financial requirements such as... Work or JOBS requirement such as... – Income controlled by the abuser – Income used to flee the violence – Other financial requirements when pursuit could put the client at further risk of domestic violence – Required hours of participation – Specific activities that would put a client at risk – Job quits due to domestic violence – JOBS penalties – Other work requirements when participation could increase the risk of domestic violence • In addition, other program requirements can be waived if there is a continued risk of domestic violence including: – Penalties – Paternity establishment and child support – Time limits Family Services Manual Reference: • TANF - Section K Scenario • Niah came in to apply for TA-DVS and TANF. She entered the United States on a visa that is no longer valid. She is very afraid that she and her children will be deported. Her verbally and physically abusive husband has threatened many times to call INS. Niah meets all the eligibility requirements for TANF and TA-DVS, except citizenship. How can we help Niah and her children? Possible Responses: • We could waive citizenship requirements for Niah and her children • TANF could be an option • Referral to Local Domestic Violence Service Provider • Referral to Immigration Counseling/Legal Aid for possible VAWA self petition Temporary Assistance For Domestic Violence Survivors TA-DVS The Intent of TA-DVS • TA-DVS is intended to provide temporary assistance and support to families affected by domestic violence during a crisis • TA-DVS is used to help the domestic violence survivor and the children to address their safety concerns and to stabilize their living situation to reduce the likelihood of returning to the abuser • TA-DVS is most often used to help the survivor flee domestic violence or to remain free from the violence TA-DVS in Brief. . . • The TA-DVS payment standard is, the minimum needed, up to $1200.00, to help a client flee or stay free from abuse • The TA-DVS program is open for 90 days • If eligible, the client can receive TA-DVS more than once a year. All second applications within 12 month period, that otherwise meet eligibility guidelines, must be jointly approved by central and field offices. • Safety concerns should be assessed within 8 working hours and a plan developed that focuses on safety • Eligibility must be determined within 16 working hours • Remember, you can waive citizenship and other requirements for survivors of domestic violence when there is risk of continued domestic violence Types of Help available • • • • shelter and housing needs, including repairs relocation emergency food or medical help help with personal or household items left behind when fleeing, • help with items that contribute to the safety of the household (i.e. locks, phones, etc.) Considerations: • There are some things we don’t pay for… – Cars or car payments – Guns or weapons – Self-defense classes – Pets or pet fees Scenario Jasmine has qualified for TA-DVS. She came in to say she found a house. She needs $400.00 for rent and a $250.00 deposit. Since she had to leave every thing behind when she fled, she would like the rest of her TA-DVS money to buy furniture and set up her house. • How much money does Jasmine qualify for? • How would you work with Jasmine to help her get set up in her house? • How long does Jasmine have to use TA-DVS? Answers: 1. Up to $1200.00 2. Work with her to access community resources; low cost alternatives; essential needs 3. 90 days Eligibility Processing Time Frames • The date of application is the date the client indicates on an application or via a phone call that they need to flee abuse or remain free from abuse • The Case Manager must assess the clients safety needs within 8 working hours and determine eligibility within 16 working hrs • The 90 days starts the day the client is found to be eligible. • A decision notice (456 or 456DV) must be generated within the same 16 hours (hand deliver whenever possible) • TA-DVS applicants/clients are eligible for expedited hearings Considerations: • Hand deliver DV notices whenever possible. Do not mail unless you know it’s to a safe address. Non-Financial Eligibility Non-Financial Requirements • The client must have safety concerns based on domestic violence • The survivor must be a parent, caretaker relative or be pregnant • Waive other requirements (except those noted above) that put a person at risk of harm by domestic violence • Child support should only be pursued if the client requests it as part of the case plan • Client must be a resident of Oregon but there doesn’t have to be an intent to reside. Scenario? Maria is applying for TA-DVS. She is six months pregnant and her husband has been getting increasingly abusive. He has been controlling every moment of her time, saying that the baby isn’t his and that he will kill the baby if it doesn’t look like him. Maria has no other children. Maria is very afraid. She wants to move but is afraid of how he will react. What type of services can we provide Maria? Possible Responses: • We can provide her with TA-DVS to flee and • TANF – because we can waive the pregnancy in 9th month requirement • Other Self-Sufficiency Program Services • Community Resources Financial Eligibility Income Standard Use the TANF countable income standard, but. . . Financial Eligibility Requirements • Only count income that is immediately available to meet the emergent need • Do not count income controlled by the abuser • Do not count income unavailable due to circumstances beyond the control of the survivor • Do not count income which is unavailable because it’s needed for expenses necessary to escape the abuse Example: • Judy was paid on Friday. She used her income to pay her bills, rent and buy groceries. On Saturday her husband beats her up. She’s comes in on Monday to apply for TA-DVS. She doesn’t get paid again for two weeks. We only count the money she has immediately available in determining eligibility. • We can ask her to use future income to help meet her future needs. Financial Eligibility Requirements Continued • TANF grants are not considered income for TA-DVS but can be considered in meeting the needs of the household. • Do not require the survivor to pursue assets, income or resources, if doing so would increase the risk to safety (e.g. jointly owned property; joint bank accounts; etc.) • Exclude resources when determining eligibility but consider liquid (cash) resources as part of case planning to meet emergent need • If a client is working or receiving other funds, you can consider those in meeting the emergent need. Considerations: • If the client is in crisis, it’s not time to negotiate. • Provide any immediate needs and then reschedule to do complete case planning. Scenario? Corina has a full time job. She gets paid twice monthly. Her checks are direct deposited into an account with her husband. He handles all the finances. She doesn’t even have a check book. Last night her husband was arrested for assaulting her. Corina is very stressed. She wants to leave, but knows it will take at least a month before she can get the paperwork processed for having her checks taken out of direct deposit. Her child is at her mothers temporarily. Corina’s income puts her over the TANF income standard. How can we help her? Answer: • Even though Corina makes the money you can see how it is not available. • We don’t have to count the income and we can help her with TA-DVS. • We would also want to refer her to the local domestic violence service provider for support. Verification Verification • Accept the client’s statement regarding abuse and domestic violence • Accept the client’s statement of emergent need • Verify other TANF eligibility requirements, if questionable and in time to meet emergent need Considerations: • Things frequently verified, if questionable…landlord; pregnancy; the child being in the home. • If you feel that the client is giving false info the DV Service Provider can be a great resource in identifying whether or not DV is the issue Scenario? You know that you shouldn’t ask for proof of domestic violence, but Shelley is coming in for the third time asking for TA-DVS. Her brother has been verbally and physically abusive and you can’t figure out why she keeps letting him back into her life. What would you do? Considerations: • Talk with the client about her safety concerns. • Explain your concerns for the children and ask her about her brothers behavior. • Ask what help she has tried. • Let her know that TA-DVS is not met to be used repeatedly. • How can we help her this time to stay free from the violence. • Try to connect her with local DV resources…support group; counseling, etc. If appropriate. • If this would be a 2nd issuance within 12 months, contact Central Office at (503) 945-5600. The Domestic Violence Assistance Agreement and Case Planning Safety is the Primary Concern when working with victims • Interview a domestic violence survivor (or someone you think may be a survivor) about domestic violence in a private and confidential location. (never in the presence of a suspected abuser) • Always respect confidentiality • Avoid colluding with the abuser, he may attempt to get you to side with him against the survivor • Avoid asking questions that put the blame on the victim (e.g. What did you do to cause him to hurt you? Why don’t you leave? Look at what you’re doing to your kids?) What brings the client to DHS? • Gather information. Is there a history of violence? • Assess what current safety concerns the survivor may have related to domestic violence • Assess what help they have already tried and how that worked for them • Ask about other systems the client may be working with (e.g. the court system, DV service provider, sexual assault services, victims assistance) • What would the client like to have happen? What help is the client needing? • Are they fleeing? Do they need to move to a new location or do they want help to stay safe in their home? • Are their resources in the community the client hasn’t tried? Housing programs; DV support groups; victims assistance through the District Attorney; crime victims compensation; legal aid services; etc. • What partners should be involved in the planning? • What steps will address the clients needs? Locating housing; moving out of state; changing locks; finding employment; etc. • What financial resources (TA-DVS and/or JOBS support services) are needed? Scenario It’s 4:00 o’clock on Friday afternoon. Mary Ann is in your office. She is currently on TANF. She has a splint on her arm and a black eye. She has never disclosed domestic violence, but you have had suspicions in the past. What would you do? Considerations: • Inquire about the bruises by saying something as simple as: “ That looks like it hurts.” • If DV is disclosed, ask her about her safety concerns; is she safe at home. If yes, let her know there is a 24 hour crisis line. • If she discloses she’s not safe, explore places she can stay, provide info about the shelter. Offer TA-DVS. • If she doesn’t disclose explain TA-DVS as if you were describing any program; let her know about the shelter and hotline; (I.e. DV is so common we tell all of our clients….) Domestic Violence Assistance Agreements should include… • Activities that will address immediate safety needs what’s important to her now? • Activities that will address stabilization from domestic violence – what does she need to continue to remain free from domestic violence? • Collaboration with partners – who is she working with now? What other partners may help meet her needs? • Agreed upon payments – what support services does she need to complete the plan? If she’s eligible for TA-DVS what payments will help her stay safe or free from domestic violence? • Future housing plans – does she have resources to pay future housing costs? • Follow-up appointments if needed Requirement: • Use the Domestic Violence Assistance Agreement - DHS 7823 as the case plan. • The PDP in TRACS can be used if you also use the “DV Assistance Agreement Supplemental Narrative.” Helping clients to overcome the effects of domestic violence • Provide the survivor with all known options • Acknowledge the steps she's taken to keep herself and her children safe • Dispel myths the abuser may have used against her (e.g. It’s because I drink; I’ll go to counseling; it’s your fault; no one will believe you) • Take small steps and build on those successes • Develop plans that include the children Considerations: • We would not give the client TA-DVS is she remains with the abuser, but we could offer her referrals and let her know that when she’s ready, we can help. • Avoid jumping to conclusions about what the client should do to keep safe • Stay open • Consider consequences, help the client decide what option will produce the most good or least harm • Be clear about any mandatory requirements of the program (such as pursuit of child support/mandatory child abuse reporting) • Monitor or modify the plan as needed Scenario? • Kathy lives in a small town. Her boyfriend put her in the hospital and it was written up in the newspaper. Luckily, Kathy’s children were not home. Kathy came in to apply for TA-DVS. She wants to move so her abuser can’t find her, but she doesn’t want to leave town. She’s been a difficult client in the past. You feel that it would be safer for her to move. What would you do? Possible Responses: • Talk to her about your concerns for her safety. • Ask her if she’s considering moving? • Let her know that we can help if she decides to move. • Ask her what support she has available to her if she stays her in home (family, friends, other help). • If she decides to stay in her home, it’s her choice. • Recommend she work with a local DV service provider to develop a safety plan. Looking at the decisions you make • Could your client suffer physical or emotional harm? • Is your decision supported by policy? • Is the decision you made based on personal bias? • If the decision adversely affects your client, what alternative resources have you offered them? • Did you make the best decision you could with the information you had at the time? Computer Stuff TA-DVS Program Coding • Program Code: – E2 – If open use the program code (e.g. 2, 82, M5 or P2) • Case Descriptor: – When added as an E2 case, the NCP and NID case descriptors are required • Need/Resource Code: – DVS – Use first month of TA-DVS eligibility for need/resource date Benefits Issuance • Issue by 437 (special pay process) • Use pay reason code 22 for domestic violence TRACS Coding • Narrate plan in TRACS or compete TRACS PDP if it’s safe to do so… • Consider the TRACS TA-DVS addendum to determine TA-DVS eligibility and identify safety issues… • Use DV activity code on TRACS if in domestic violence intervention activity… • When waiving a TANF/TA-DVS requirement code on TRACS Plan using DV Waiver Code… • Issue support payments using the JASR system… Coding DV Waivers Using TRACS • Narrate domestic violence on TRACS unless it’s not safe. It may not be safe if . . . – The abuser is on the case – The abuser works for DHS or a partner agency that has access to TRACS – The client believes that abuser may have some access to the records (e.g. the abuser works for law enforcement, a government agency, or is a computer hacker) • You can use an Alias on the system if there is no other safe way to record info. ALWAYS staff this with your manager. Question? What types of information would you narrate? Possible Responses: • Narrate safety concerns…visible injury, what happened, what the client is afraid might happen; the abuser name; restraining orders, etc. • Narrate the plan…steps to address safety and stabilization, referrals, coordination with partners, follow-up • Narrate payments • Narrate child support good cause; address of record; claim of risk • You can use the TA-DVS addendum if appropriate RESOURCES Knowing where to look! • DHS - There is DV WEB site at http://www.dhs.state.or.us/abuse/domestic/index.htm • The site includes a map of domestic violence service providers. This map allows you to access information about shelters and domestic violence services across the state. • Domestic violence service providers are your best resources when working with survivors of domestic violence. • Legal Aid Info – WWW.Oregonlawhelp.org Training Resources • Register on-line for: – DV 101 available through your local provider or in Salem – DV Policy and Case Planning for SS programs – Net-links related to DV • You can access videos and books about domestic violence through the Employment Services Work Team – Contact Carolyn Palacios (503) 945-6103 The policy • You can get many of your questions answered by looking at TANF Section K and the TA-DVS chapter in the Family Services Manual. • In addition, Multiple Program Worker Guide #12 is a quick reference guide for policies on domestic violence in Self Sufficiency programs. Other Programs • • • • TANF Food Stamps Medical Employment Related Day Care Thank you for your support of victims of domestic violence!