Domestic Abuse

Overview

Assembly Bill (AB) 1542 required that the California Department of Social Services (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 (DA) to obtain employment and become self-sufficient while not placing them at further risk or unfairly penalizing them by CalWORKs requirements.

A DA issue may limit or preclude successful participation of a CalWORKs Employment Services (CWES) client’s Welfare-to-Work (WTW) activities. DA occurs in many different circumstances, inflicting long-lasting trauma that may create significant barriers that need to be addressed in order for a client to be self-sufficient. Support services are available and included in the WTW plan to assist clients who are victims/survivors of past or present DA to obtain and retain employment.

Definitions

Refer to CWES Handbook Domestic Abuse (DA) - Definitions for definitions of the following:

Domestic abuse
Domestic relationships
Survivor of DA
Sexual abuse
Sexual assault/sexual battery
Sexual harassment

Informing Requirements

All CalWORKs applicants and recipients must be informed verbally and in writing of the availability of services and program waivers. These services are designed to assist victims/survivors of past or present DA to identify, escape, or stop current or future DA, as well as to deal with the effects of DA.

The Important Notice About Domestic Abuse (SCD 830) must be verbally explained and provided to each CalWORKs Assistance Unit (AU):

During the CalWORKs Intake process,
At the annual redetermination (RD),
When the client enters the CWES Program (during the CWES Orientation; refer to CWES Handbook Orientation, Appraisal, and Support Services), and
Anytime the client requests or discloses DA information.

DA information must be given in a private location to ensure safety and confidentiality.

The Eligibility Worker (EW) and Associate Employment Counselor (AEC)/Employment Counselor (EC) are responsible for reviewing the SCD 830 with the client and must document in the CalSAWS Journal Detail page that DA information was verbally explained and provided.

The SCD 830 includes the following information:

Definition of DA
Availability of services
Waiver of certain CalWORKs and WTW program requirements
24-hour hotline numbers
Confidentiality information
United States Citizenship and Immigration Services (USCIS) information regarding “battered non-citizen” status
The CDSS Domestic Abuse Resources link, which has national and statewide DA resources
The CalWORKs Social Worker (SW)/Domestic Violence (DV) Advocate makes the determination to grant a waiver for WTW program requirements
The frequency of re-evaluation of waivers for WTW program requirements
The option to volunteer to participate in WTW if approved for a waiver
The WTW plan will be tailored to the client’s needs.

Note: The SCD 830 is included in the Intake and RD Informational Packets via a link on the Informational Notices (SCD 2304).

Identifying Survivors of DA

DA can happen to anyone regardless of gender, race, ethnicity, sexual orientation, income, or other factors. There is no limit on the number of times an individual may identify as a survivor of DA or state that their abuse is impairing their ability to comply with program requirements. Refer to Program Requirements that Can be Waived.

County staff who interact with survivors of DA are required to recognize, to the best of their ability, the red flags, patterns, cycles, key perpetrator tactics, trauma indicators, adaptations, reactions, pro-actions, and responses to abuse. Staff should observe for signs of abuse (physical, emotional, economic, or behavioral), listen for disclosures of DA, and watch for controlling behaviors, fearfulness, and signs of isolation in clients.

Staff should interact with survivors using a trauma-informed lens and, to the best of their ability, ensure that the program and waiver process is low-barrier and low-burden for survivors.

Staff should be aware of triggers that cause memories and reactions to trauma (e.g., slamming doors, sudden noises, or retelling of experiences of abuse), and make every effort not to reinforce trauma.

Important: Staff must not require identifying details of abuse or the abuser(s).

Confidentiality

All clients must be given the opportunity to confidentially disclose and self-identify as a survivor of DA. A client’s confidentiality must be protected at all times. To ensure the safety and confidentiality of the DA survivor, DA information must be provided in a private location.

With the exception of mandated reporting requirements, DA information is NOT to be shared with any outside party, other governmental agency, resource and referral program, or with 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. The only information shared is that which the other agency needs in order to work effectively for and with the client.

For more information on written releases of information, refer to the Authorization For Release of Information (SCD 1029) and Permission to Release Domestic Abuse Information When Moving to Another County (WTW 37) sections of Domestic Abuse Forms and Supporting Documentation.

Directly Involved

People considered “directly involved” with a survivor’s case can include staff assigned to work on the survivor’s case, such as:

The EW/AEC/EC
The EW/AEC/EC's supervisor
The CalWORKs Social Worker (SW)/Domestic Violence (DV) Advocate
The survivor's probation officer
Relevant contractors that the survivor has been referred to
Other staff needed to assist and serve the survivor.

Not Directly Involved

People who are not considered "directly involved" in the case can include:

Any third party, unless authorized by the survivor
Anyone not assigned to the survivor’s case
Family, friends, spouses, and co-workers of the survivor
County staff and contractor staff who are not assigned to the case
County staff and contractor staff who are not trained in procedures and protocols specific to DA, sexual assault, sexual harassment, and stalking
Anyone who may seek to harm or share the survivor’s information with someone who seeks to harm the survivor
Anyone or any agency that seeks to share the survivor’s information with unauthorized persons
Any other person the survivor has not given the county written permission to share the survivor’s information with.

Survivor and Abuser in the Same Case

When the abuser is currently in the survivor’s public benefits case, including CalWORKs, CalFresh, or Medi-Cal, the EW/AEC/EC must ensure that any information about the survivor’s identification as a current or past DA survivor, their request for services, waiver, or other DA-related information is not shared with the abuser.

Mandated Reporting

CalWORKs staff must reassure clients that the disclosure of DA is not an automatic condition for reporting child abuse or neglect, or removal of the child(ren) by the Department of Family and Children's Services (DFCS). The criteria for removal of the child are viewed in terms of the risk of abuse or neglect to the child. Whenever possible, the general policy is not to remove the child from the home, BUT TO REMOVE THE ABUSER.

If a client discloses a DA 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 & Neglect Hotline in the following areas:

Child Abuse & Neglect Hotline
San Jose Area	(408) 299-2071
Gilroy/Morgan Hill Area	(408) 683-0601
Palo Alto Area	(650) 493-1186

Refer to Common Place Handbook SSA Protective and Supportive Services Overview for more information on child abuse reporting.

Request for DA Waiver

A client can request a DA waiver in writing or verbally through their EW or AEC/EC.

When requesting in writing, the Sworn Statement (GEN 853) and Request for Good Cause Determination (WTW 27) are two written methods for requesting the waiver/exemption.