Domestic Abuse Exemption/Extender

An individual who is a past or present victim/survivor of domestic abuse may be exempt from Employment Services activities and/or have certain program regulations waived on a case-by-case basis, but only for as long as domestic abuse would put the survivor's safety and well-being at risk.

Program requirements/regulations that may be temporarily waived include:

Welfare-to-Work (WTW) participation
60-month time limit on receipt of CalWORKs benefits
Education requirement (for Cal-Learn participants)
Paternity establishment
Child support cooperation
Once every 12 months Homeless Assistance rules
Sponsored non-citizen deeming rules
Immunization requirements, and
School attendance requirements.

WTW Participation

When a CalWORKs client is approved for a domestic abuse exemption/extender, the CalWORKs Social Worker (SW)/Domestic Violence (DV) Advocate will consult with the Associate Employment Counselor (AEC)/Employment Counselor (EC) and any other agency working with the client, to develop a plan that removes the client’s barrier(s) to self-sufficiency. A client approved for a domestic abuse time on aid (TOA) exemption/extender will have their participation waived.

60-Month Time Limit

Exemption

CalWORKs clients approved for a domestic abuse exemption will not have their TOA counted against their CalWORKs 60-month time limit.

Extender

CalWORKs clients who have been aided as adults for 60 cumulative months may receive CalWORKs beyond the 60-month time limit when the client is a victim or a survivor of past or present domestic abuse, , and it is determined that the abuse has significantly impaired the client’s ability to participate in self-sufficiency activities. Individuals may qualify for an extender at any time after being discontinued.

The TOA extender begins:

For a Safety Net case, the first of the month, following the month verification is received, or the first of the following payment period if it results in a grant decrease.
- Refer to Adding Persons to the AU and Beginning Date of Aid.
The date of re-application for a family applying for cash aid, or the date verification is provided, whichever is later.

Refer to CalWORKs Handbook Chapter 43 Time Limits for more detailed information regarding TOA Extenders/Exemptions.

Coding TOA Exemptions in CalSAWS

An individual approved for a TOA exemption/extender due to domestic abuse is also exempt from WTW participation.

To record the domestic abuse exemption/extender correctly in CalSAWS, the Eligibility Worker (EW) must take the following actions prior to running EDBC/authorizing results.

Domestic Abuse Exemption

Adds the case flag "Domestic Abuse" and enters an end-date 30 days out.

Domestic Abuse Extender

For AEC/EC actions, refer to the Welfare-to-Work (WTW) Waiver Time Frames topic in CWES Handbook Chapter 17.

TOA Exemption Priority

The domestic abuse exemption takes precedence over all other exemptions.

When a domestic abuse waiver/exemption expires and will not be extended, the EW must review the case for any other exemption for which the client may qualify. If the client does not meet any other exemption criteria, EDBC must be run, since the client is a mandatory registrant.

Reminder: The domestic abuse exemption stops the 60-month CalWORKs clock, and the clock status on the Cash Aid Time Limit Month List page should display as “Exempt.”

Paternity Establishment/Child Support Cooperation

CalWORKs clients who disclose domestic abuse will be offered the opportunity to claim “good cause” regarding paternity establishment and child support cooperation when:

The child(ren) will have an increased risk of physical, sexual, or emotional harm.
The risk of domestic abuse to any person receiving aid on behalf of an aided child and the person as listed in the “Domestic Relationship” definition is increased.
It would be contrary to the best interest of the child.

A CalWORKs client who discloses domestic abuse may have the LCSA requirements regarding paternity and child support requirements waived. The Child Support - Good Cause Claim For Noncooperation (CW 51) must be completed with the client following existing procedures. The EW must complete the “good cause” process, and the SSPM or the SSPM’s representative will make the final decision.

Refer to the Good Cause Determinations topic in Common Place Handbook Chapter 14 for more information.

Maximum Family Grant (MFG)

The rules regarding the exclusion of a MFG child were repealed effective January 1, 2017. This change was not applied retroactively, and the number of needy persons in a family continued to exclude the needs of a child subject to the MFG rule until 1/1/2017. For additional information on the MFG rule, refer to MFG.

Homeless Assistance

An Assistance Unit (AU) may be eligible for temporary and permanent homeless assistance every 12 months. Clients may also receive temporary and permanent homeless assistance as an exception to the once every 12 month rule when homelessness is a direct result of domestic violence by a spouse, partner, or roommate.

Clients are permitted to verify Domestic Violence as an exception to the rule with a sworn statement made by the victim, unless the county documents in the case file a reasonable basis to find the recipient not credible.

Example Example A CalWORKs recipient received homeless assistance in January 2017. In November 2017, the client requests homeless assistance and declares, in a sworn affidavit, that she is currently a victim of domestic violence. If otherwise eligible, homeless assistance is granted to the client. The client may request homeless assistance and be eligible again in January 2018 based once every 12-months rule.

Expanded Temporary Homeless Assistance

An apparently eligible applicant, who is fleeing domestic abuse and who provides a sworn statement of past or present abuse, is considered homeless and may be eligible for up to 32 days of Expanded THA. The available income and assets (such as cash on hand) used to meet the applicant's needs at the time of application are used to determine the immediate need property limit. Additionally, the income and assets of the alleged abuser are not considered when determining eligibility for Expanded THA.

Refer to Expanded Temporary Homeless Assistance for details.