Domestic Abuse (DA) - Exemption/Extender

With the passage of Assembly Bill (AB) 2277, counties are required to waive a program requirement for a recipient who has been identified as a past or present victim of DA and if the county determines that good cause exists.  Pursuant to this requirement, an individual who is a past or present victim/survivor of DA must be exempt from Welfare-to-Work (WTW) activities and/or have certain program regulations waived on a case-by-case basis, but only for as long as DA hinders a participant's ability to be regularly employed or participate in a WTW activity.  Program requirements/regulations that may be temporarily waived, include:

• WTW participation,
• 60-month time limit on receipt of CalWORKs benefits,
• Education requirement (for Cal-Learn participants),
• Paternity establishment,
• Child support cooperation,
• Proof of age-appropriate immunizations for all children in the Assistance Unit (AU) under the age of 6 years old,
• Once every 12 months Homeless Assistance rules, and
• Sponsored noncitizen deeming rules.

A waiver must not be conditioned on participation in a specific activity or service.  For example, a client must not be required to participate in counseling sessions and/or DA services in order to be eligible for a DA exemption.

Refer to CalWORKs Handbook,Chapter 55: Domestic Abuse Exemption/Extender, for additional information.

Waiver Re-Evaluation

Good cause waiver determinations must be reviewed every three months, or sooner if the survivor’s needs change.
During this re-evaluation, the survivor should be asked whether their WTW plan continues to fit their needs or if they want their plan amended to better fit their current situation. 

Welfare-to-Work (WTW) Participation

When a CalWORKs client is approved for a DA Exemption/Extender, the CalWORKs Social Worker (SW)/Domestic Violence (DV) Advocate will consult with the Associate Employment Counselor (AEC)/Employment Counselor (EC) and any other agency working with the client, to develop a plan which removes the client’s barrier(s) to self-sufficiency. A client approved for a DA Time on Aid (TOA) Exemption/Extender will have their participation waived.

DA Waiver/DA Exemption: Approval vs. Denial Examples

Examples of when a SW/DV Advocate may or may not approve a DA Waiver/DA Exemption are as follows:

Example 1

Angel is a single parent receiving CalWORKs.  As a participant, they are generally required to participate in a WTW activity to meet their WTW participation requirements.  However, Angel has recently left an abusive relationship and faces challenges such as emotional distress, safety concerns and lack of stable child care due to DA.  Angel informs their case worker about their situation but does not have any documentation.  
Once Angel provides a sworn statement to verify past or present abuse, the SW/DV Advocate should grant them a DA Waiver that exempts them from WTW related requirements.  The waiver will allow them to focus on finding safe housing, accessing counseling and mental health services, arranging reliable childcare, and developing a plan for long-term stability.  

Example 2

Jamie is a single parent receiving CalWORKs.  At the time of application, they requested and were approved for DA good cause for child support cooperation and parental establishment.  Jamie now works full-time to support her children.  Jamie recently experienced DA and requested good cause, hoping for relief from some program requirements while addressing her safety and emotional needs.  Jamie states that they are still able to work full-time.    
Jamie is not eligible for a DA Waiver/DA Exemption for the WTW program because they are already working full-time and meet WTW participation requirements. They do not have an immediate need for exemption and their WTW activity is not hindered by DA.  

Example 3

Vic is a CalWORKs participant who works part-time.  They have recently experienced DA from their partner who controls their finances and threatens their safety.  Vic requests good cause, explaining that the abuse hinders their ability to meet WTW participation requirements, while prioritizing their safety. Their partner has shown up at their workplace, making them feel unsafe.  The emotional strain and efforts to secure housing and legal protections have further limited their capacity to participate and meet WTW requirements.  
Vic should be approved for a DA Waiver/DA Exemption for the WTW program because their current circumstances make it unreasonable and unsafe for them to fully comply with WTW requirements.  

Example 4

Cassie is a single parent receiving CalWORKs and working full-time at a retail job to support their children. Recently, Cassie has experienced domestic abuse and requested for good cause, hoping for relief from some program requirements while addressing their safety and emotional needs. Cassie states that continuing to work full-time while navigating the challenges with domestic abuse has been difficult. Cassie was previously working full-time, but states that they can no longer maintain full-time employment due to addressing safety concerns and emotional challenges related to domestic violence.  
Although the survivor can still work at reduced hours and participate in other assigned WTW activities, continuing full-time work hinders their ability to relocate.  In this case, good cause exists to grant a waiver, excusing them from WTW participation requirements. Good cause to grant a waiver would exist regardless of whether Cassie had made a request, and the waiver should have been offered.

Example 5

Jesse is a single parent of a 3-year-old child and receiving CalWORKs.  Jesse is required to participate 20 hours per week in WTW activities, and they regularly meet this requirement by working 20 hours per week at a restaurant.  Jesse has asked for a DA Waiver/DA Exemption because DA is hindering their ability to work full-time.  Jesse is not eligible for a DA Waiver/DA Exemption because they already meet WTW requirements by regularly working 20 hours per week.  Jesse does not have an immediate need for an exemption/waiver, and DA is not hindering their ability to participate in a DA activity.   

Integrated Plans

Mandatory Participants

There are two types of integrated WTW plans for survivors.  One of these integrated plans is for mandatory WTW participants.  When an individual is assessed by the CalWORKs SW/DV Advocate and DA issues do not hinder the participant's ability to be regularly employed or participate in a WTW activity, the CalWORKs SW/DV Advocate will not approve the exemption/extender.  The SW may recommend the recipient have their DV activities incorporated into the WTW Plan.  Since a survivor who is participating in this type of integrated plan does not qualify for a DA exemption, their TOA clock will tick.

Supportive services are available while participating in an integrated DV/WTW Plan.

Example Example A CalWORKs recipient is attending parenting classes 2 hours per week but their present situation, as assessed by the SW/DV Advocate, does not preclude participation in WTW. The SW/DV Advocate does not approve the DA Exemption but recommends an integrated WTW Plan that includes two (2) hours of parenting classes. The AEC/EC develops a WTW Plan that includes the parenting classes coupled with other WTW activities to meet weekly participation requirements. 

Voluntary Participants

Another type of integrated plan applies to a survivor who has been granted a DA exemption/waiver of WTW participation requirements and chooses to voluntarily participate in WTW activities.  These survivors may volunteer to participate in WTW activities if doing so does not place them at further risk and the activities meet their needs.  Voluntary participation may help survivors of DA utilize WTW services that can benefit their health, well-being, and that of their family. 
The Survivor’s Time on Aid (TOA) clock does not tick during a DA exemption, and it will continue not to tick during the survivor’s voluntary participation within the approved exemption period.  However, at the time of the three-month redetermination, if the client is determined to be able to fully participate in WTW, they will no longer qualify for DA good cause or a DA exemption/waiver.    

60-Month Time Limit

Exemption

Active CalWORKs clients approved for a DA exemption will not have their TOA counted against their CalWORKs 60-month time limit.

Extender

Previous CalWORKs clients who had been aided as an adult for 60-cumulative months, may receive CalWORKs beyond the 60-month time limit when the client is a victim/survivor of past or present DA, are granted good cause, and are otherwise eligible for aid but for the time limit.  Individuals may qualify for an extender at any time after being discontinued. The TOA extender begins:

• For a Safety Net case, the first of the month, following the month verifications are received, or the first of the following semi-annually period if results in a grant decrease,

Refer to CalWORKs Handbook, Chapter 9: Adding Persons to the AU, for additional information.

• The date of re-application for a family applying for cash aid, or the date the verification is provided, whichever is later.

Refer to CalWORKs Handbook,Chapter 43: Extenders - After the 60-Month CalWORKs Time Limit , for more detailed information regarding TOA Extenders/Exemptions.