Domestic Abuse

Program Overview

Assembly Bill (AB) 1542 required that the CDSS convene a Domestic Violence Task Force. In consultation with the Task Force, CDSS developed protocols to identify and assist CalWORKs applicants and recipients who are victims/survivors of past or present domestic abuse to obtain employment and become self-sufficient while not placing them at further risk or unfairly penalizing them by CalWORKs requirements and procedures.

A domestic abuse issue may limit or preclude successful participation of a CWES client’s self-sufficiency activities. Domestic abuse occurs in many different circumstances inflicting long-lasting trauma that may create significant barriers which need to be addressed in order for a client to be self-sufficient. Support services are available and included in the self-sufficiency plan to assist clients who are victims/survivors of past or present domestic abuse to obtain and retain employment.

If a client discloses a domestic abuse situation and a child is at risk, the Social Services Agency employee who is first notified is mandated to report this incident immediately. Reports should be made to the Child Abuse and Neglect Hotline in the following areas:

San Jose Area

(408) 299-2071

Gilroy/Morgan Hill Area

(408) 683-0601

Palo Alto Area

(650) 493-1186

Definitions

Domestic Abuse

Domestic abuse means assaultive or coercive behavior which includes physical abuse, sexual abuse, psychological abuse, economic control, stalking, isolation, and threats or other types of coercive behaviors occurring within a domestic relationship.

Forms of domestic abuse may include, but are not limited to:

Destructive Acts Actual or threatened assault of family, property, or pets to scare the individual.
Emotional Assaults against self-esteem.
Financial Controlling and manipulating by threatening economic status and basic needs.
Homophobia Bias against or dislike of gay, lesbian, bisexual, and transgender people or stereotypical gay/lesbian behavior.
Immigration Using immigration status and fear of deportation.
Physical Kicking, punching, shoving, slapping, pushing, and any other acts which may hurt the body.
Psychological Causing a person to feel as if they are “going crazy”.
Sexual Calling vulgar names, criticizing body parts or sensuality, forced or pressured sexual acts, including rape.
Spiritual Attacking spiritual or religious beliefs.
Stalking Repeated and unwanted communication (including phone calls, texts, emails, or social media messages), following the individual, showing up at their home or workplace uninvited, monitoring their activities without consent, and engaging in other actions that invade their privacy and personal space.
Threats Actual or threatened assault of children, pets, or property.
Verbal Name-calling, threats, put-downs.

Domestic Relationships

Domestic relationships are relationships between or among persons who:

  • Are current or former spouses
  • Live together or have lived together
  • Are dating or have dated
  • Are engaged in or who have engaged in a sexual relationship
  • Are related by blood or adoption
  • Are related or were formerly related by marriage
  • Are engaged or were formerly engaged to be married
  • Have children in common
  • Have minor children of persons mentioned above, or
  • Are acting in concert with, or on behalf of, a perpetrator in a relationship identified above.

Survivor

Survivor is used to identify survivors of domestic abuse and is inclusive of current and past victims of abuse. Survivors can be of any gender identity or sexual orientation.

Sexual Abuse

Sexual abuse is when an individual knowingly causes another person to engage in a sexual act and may include non-physical contact of a sexual nature such as, but not limited to:

  • Voyeurism
  • Intentional exposure of an individual to exhibitionism
  • Unwanted exposure to pornography
  • Verbal or behavioral sexual harassment
  • Threats of sexual violence
  • Taking nude photographs of a sexual nature of another person without their consent or knowledge, or of a person who is unable to consent or refuse.

Sexual Assault/Sexual Battery

Sexual assault (also known as sexual battery) is when someone’s intimate parts are touched or attempted to be touched, or when someone is forced to touch another person’s intimate parts, without consent and/or against that person’s will.

Situations that lack consent or are against someone’s will, can include, but are not limited to, the perpetrator ignoring verbal and/or nonverbal indicators of resistance from the victim, the victim is unable to consent or refuse, and situations resulting from threats, fraud or coercion.

The inability to consent or refuse includes:

  • When the perpetrator knows or reasonably should know that the other person is asleep, unconscious, or otherwise unaware that the sexual act is occurring.
  • When the victim is incapable of consenting to the sexual act due to impairment by any drug, intoxicant, or other similar substance, and that condition is known or reasonably should be known by the perpetrator.
  • The victim has a mental disorder, developmental or physical disability, and that condition is known or reasonably should be known by the perpetrator.

Sexual Harassment

Sexual harassment refers to both unwelcome sexual advances, or other visual, verbal, emotional actions, or physical conduct of a sexual nature and actions that create an intimidating, hostile, or offensive environment based on a person’s sex.

The offensive conduct can occur in any setting, including the workplace or educational settings, and need not be motivated by sexual desire but may be based upon a person’s actual or perceived sex or gender-identity, actual or perceived sexual orientation, and/or pregnancy, childbirth, or related medical conditions and may be for the purpose of controlling or intimidating the victim.

This definition includes many forms of offensive behavior and includes gender-based harassment of a person of the same sex as the harasser, and actions that subject people to a hostile environment.

Informing Requirements

All CalWORKs applicants and recipients must be informed verbally and in writing of the availability of services. These services are designed to assist victims/survivors of past or present domestic abuse, to identify, escape, or stop current or future domestic abuse.

The “Important Notice About Domestic Abuse” (SCD 830) must be explained and provided to each CalWORKs assistance unit:

  • During the CalWORKs Intake process
  • At annual RD
  • When the client enters the CWES Program, and
  • Anytime the client requests domestic abuse information.

EWs and ECs are responsible for reviewing the SCD 830 with the client and must document on the Journal Detail page that domestic abuse information was explained and provided.

The SCD 830 includes the following information:

  • Definition of domestic abuse
  • Availability of services
  • Waiver of certain program requirements
  • 24-hour hotline numbers
  • Confidentiality information
  • USCIS information regarding “battered non-citizen” status.

Confidentiality

All clients must be given the opportunity to confidentially disclose domestic abuse. A client’s confidentiality must be protected at all times. With the exception of mandated reporting requirements, domestic abuse information is NOT to be shared with any outside party, other governmental agency, resource and referral program, or to any employee of the agency who is not directly involved in the client’s case, unless a written release of information has been signed or the information is required to be disclosed by law.

Once the client gives consent, the only information exchanged will be on a “need to know” basis. Not all information is shared, but only that which the other agency needs in order to work effectively for and with the client.

Note: Referral to the CalWORKs Social Work Unit is processed through the DEBS Referral Application. EWs must document that the “client gave verbal consent for this referral”.

“Permission to Release Domestic Abuse Information When Moving to Another County” (WTW 37)

The WTW 37 must be provided to recipients who have been identified as victims of domestic abuse at the time they are identified and at their annual re-determinations. The recipient must be informed that if they move to a new county and have not signed the WTW 37 form, any information regarding their domestic abuse situation cannot be transferred to the receiving county unless they sign a new WTW 37 form in the receiving county.

Related Topics

Mandated Reporting & Requesting Waivers

Domestic Abuse Referral Process

Domestic Abuse Forms

Domestic Abuse Exemption/Extender

Domestic Abuse Good Cause

Battered Noncitizen Status