Disclosure of any information pertaining to any applicant/recipient who claims to have a history of domestic violence, whether provided by the victim or a third party, shall be made solely for the purpose of making referral or determinations of eligibility for waivers except where the law dictates further disclosure (such as, in cases in which the Department believes a child or other dependent in the household is at risk of abuse or neglect). Information that must be kept confidential includes, but is not limited to, information concerning the applicant/recipient's:
During the 15-day screening/assessment period, the applicant/recipient shall not be required to participate in work programs until a determination is made.
Should the screening/assessment confirm the initial finding, a plan of service shall be developed in conjunction with the applicant/recipient when possible. The plan of service shall discuss a possible waiver of work requirements and/or child support cooperation and the duration of the suggested waiver.
If an applicant/recipient decides not to seek or declines services or waivers due to domestic violence, s/he will not be barred from seeking such services and waivers at a later date. An applicant/recipient may terminate an existing waiver at any time without penalty. No waiver will ever be implemented against the will of the applicant/recipient.
Once granted a waiver, any applicant/recipient who voluntarily chooses to participate in approved TANF program requirements shall be allowed to do so.
Good cause waivers for domestic violence are granted when work participation requirements would make it more difficult for the applicant/recipient to escape family violence.
An applicant/recipient who is denied a domestic violence good cause waiver may choose to withdraw his/her TANF application for benefits (see Section 3.4.2: Voluntary Withdrawal in Part III).
A waiver of the work participation requirement shall be granted for up to six months and may be renewed until the recipient is able to safely comply with program requirements. The applicant/recipient must be informed that renewal of waivers must be requested at least 30 days prior to expiration of the current waiver. A waiver shall be renewed if the recipient meets the plan of service requirements described within this subsection.
Denials of waivers shall be in writing, state the reason for denial, and explain the process for appealing the decision. Denials may be appealed through the fair hearing process (see Chapter 7: Grievances and Fair Hearings in this Part). Applicants/recipients have 90 days to file an appeal.
If the applicant/recipient appeals a decision within 15 days, the waiver request shall be considered pending for the duration of the appeal.
