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. These services are designed to assist victims/survivors of past or present DA, to identify, escape, or stop current or future 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), and
Anytime the client requests DA information.

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 program requirements
24-hour hotline numbers
Confidentiality information
United States Citizenship and Immigration Services (USCIS) information regarding “battered non-citizen” status

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

Confidentiality

All clients must be given the opportunity to confidentially disclose DA. A client’s confidentiality must be protected at all times.

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.

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 a DA waiver in writing, the CalWORKs Exemption Request (CW 2186A) is one written method for requesting the waiver/exemption.