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Mandated Reporting & Requesting Waivers
Mandated Reporting
CalWORKs staff should 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 is 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 must report this incident to the Child Abuse & Neglect Hot Line in the following areas:
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San Jose Area |
(408) 299-2071 |
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Gilroy/Morgan Hill Area |
(408) 683-0601 |
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Palo Alto Area |
(650) 493-1186 |
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 can provide supporting documentation, the documentation will be imaged into the case.
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 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 may request a DV waiver in writing or verbally through their EW or EC.
“CalWORKs Exemption Request Form” (CW 2186A)
When requesting a DV waiver in writing, the CW 2186A is one method for requesting the waiver/exemption.
“CalWORKs Exemption Determination” (CW 2186B)
When the exemption/waiver is either approved or denied, the CalWORKs SW/DV Advocate must also complete the CW 2186B and issue a copy to the client.
Related Topics
Domestic Abuse Referral Process
Domestic Abuse Exemption/Extender