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Mandated Reporting & Requesting Waivers
Mandated Reporting
CalWORKs staff must reassure clients that the disclosure of domestic abuse is not an automatic condition for reporting child abuse or neglect, or removal of the child(ren) by 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. However, if the 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.
Supporting Documentation
It is not required for the client to provide supporting documentation, such as hospital reports or restraining orders, in order for the CalWORKs Social Worker (SW)/Domestic Violence (DV) Advocate to approve an exemption/waiver due to domestic abuse.
When a client is able to provide supporting documentation, the documentation will be scanned into Imaging.
Supporting documentation of domestic abuse may include, but is not limited to:
- A sworn statement by the client
- Forms with check boxes that indicate domestic abuse and signed under penalty of perjury
- Police, government agency, or court records or files
- Documentation from a domestic abuse program
- Documentation from a legal, clerical, medical, or other professional from whom the applicant or recipient has sought assistance in dealing with domestic abuse
- Physical evidence of abuse
- Statement from another individual with knowledge of the circumstances that provide the basis for the claim of abuse
- Any other evidence that supports the statement.
Request for DV Waiver
A client can request a DV waiver in writing or verbally through their Eligibility Worker (EW) or their Associate Employment Counselor (AEC)/Employment Counselor (EC).
CalWORKs Exemption Request Form (CW 2186A)
When requesting a DV waiver in writing, the CW 2186A is one written method for requesting the waiver/exemption.
CalWORKs Exemption Determination Form (CW 2186B)
When the exemption/waiver is either denied, approved, or extended, the AEC/EC must issue a copy of the CW 2186B to the client.
Related Topics
Domestic Abuse Referral Process
Domestic Abuse Exemption/Extender