Domestic Violence and Welfare: What Advocates Should Know

The October CRC Info Session featured guest speakers, Ambika Panday and Rebecca Plummer, attorneys from Greater Boston Legal Services, Welfare Law Unit. The presentation gave an overview of the services available through the Department of Transitional Assistance (DTA) for victims and survivors of domestic violence.

Note on language: Attny. Panday noted that for the sake of clarity she uses “she” to refer to domestic violence victims/survivors, but that this is not meant to diminish or deny the existence of abusive relationships between same-sex partners or where men are victims.

As October is Domestic Violence Awareness month, it was most appropriate that Ms. Panday and Ms. Plummer spoke about DTA services available to victims and survivors of domestic violence. Ms. Panday prefaced the presentation by explaining that although DTA offers many public benefits programs, her presentation would focus directly on the application process, waivers, and exceptions for Transitional Assistance for Families with Dependent Children (TAFDC).

The speakers reminded the audience of statistics about domestic violence. Including:

Welfare as a Critical Took for domestic violence victims:

The Welfare Law Unit at Greater Boston Legal Services has noted that welfare is a critical safety net for victims of domestic violence. Often financial dependence on the batterer is one of the factors preventing domestic violence victims from fleeing abusive relationships. Helping a woman apply for benefits may be enough of a financial bridge to enable her to leave her abuser.

Advocacy note: Unfortunately, currently applicants are told that if they are still living with the abuser that his income will count in determining eligibility. They are being advised not to apply until they leave the abuser. Obviously this poses a “Catch-22” for women trying to leave. GBLS is working to get the DTA to formally acknowledge and address this issue. In the meantime they have seen some success in case-by-case advocacy in this type of situation, so applicants should be encouraged to contact their local legal services office if this occurs.

Defining Domestic Violence:

The Department of Transitional Assistance (DTA) defines Domestic Violence as any of:

The Following acts perpetrated by a current or former intimate partner, relative, or household member:

  1. Physical acts that result in, or threatened to result in, physical injury;
  2. sexual abuse;
  3. sexual activity involving a dependent child;
  4. being forced to engage in nonconsensual sexual acts or activities;
  5. threats of, or attempts at, physical or sexual abuse;
  6. mental or emotional abuse which would significantly reduce the victim’s capacity to care for himself or herself or his or her child or significantly reduce his or her capacity to perform essential activities of daily living;
  7. neglect or deprivation of medical care; or
  8. stalking

106 CMR 203.110(A) at www.mass.gov/eohhs/docs/dta/g-reg-203.pdf - see starting p. 8

Please note that domestic violence as defined by DTA does NOT need to be perpetrated by a current partner and extends to include anyone who is in the household. Additionally, a child being abused in the household qualifies the applicant for DV services through DTA.

DTA Services- Domestic Violence Specialist

When a recipient tells her DTA worker that she has experienced or is currently experiencing domestic violence, the worker must inform her of all the Domestic Violence services available at DTA including the option to meet with a Domestic Violence Specialist. Although this service is available to any DV victim, they are strictly voluntary. DV specialists are based in the DTA’s local offices and help recipients to navigate DTA’s pertinent rules (such as waivers, exceptions and exemptions -see below for more information), access domestic violence services in their community and develop safety plans for leaving an abuser. As victims of domestic violence’s lives are often changing at a rapid pace and paperwork or other required documents may not be easily accessible, DV specialists can assist clients with obtaining the required verifications or in securing a waiver of the rules due to domestic violence.

Heightened Security

Applicants/recipients are eligible to receive heightened security if she feels in danger due to domestic violence. When a recipient’s case is under heightened security, absolutely no information will be given to the recipient or anyone over the telephone, therefore all communication must be in-person at the DTA office. As eliminating telephone communication may result in additional burden for some recipients, some elect not to use this option.

Verifications:

As previously mentioned, families who fled abuse may not have all of the paperwork to prove certain facts that determine eligibility for benefits. DTA caseworkers are required to assist clients who are having difficulty obtaining verifications due to domestic violence. If none of the requested verifications are available, a DTA worker should accept a “self-declaration” statement from the applicant. This can be a handwritten although it is recommended that the statement be typed and signed. Additional time must also be given to applicants who report having difficulty in obtaining verifications as a result of domestic violence.

Special Note about Proving Domestic Violence:

Although verifications may be required to prove eligibility for benefits, in regards to domestic violence, DTA cannot require a recipient to furnish specific types of verification to prove the violence occurred. For example, a recipient cannot be required to bring in a police report or a copy of a restraining order in order to process a request for an exception or waiver. As previously mentioned, any victim of domestic violence is eligible to receive assistance in obtaining verifications including proof of violence, including self-declarations and statements from third parties.

Domestic Violence Waivers of Welfare Rules

If a TAFDC rules makes it harder for a recipient or her child(ren) to escape domestic violence or penalizes a recipient or her child(ren) for past domestic violence, she should ask for a waiver due to domestic violence. A recipient can request a domestic violence waiver of any welfare rule, including the Family Cap Rule, the work requirement, the time limit, and the teen parent school attendance requirement. The application process includes filling out the Domestic Violence Waiver Form and submitting a signed statement of at least one person other than the recipient who can verify that the violence occurred or is ongoing. (This DTA requirement is unspecific about when the recipient need have told the statement-making advocate about the violence, and therefore a current statement will suffice.) To qualify for the waiver, the recipient must show that she or her child(ren) are suffering as a result of domestic violence. In addition, the recipient must also demonstrate why the domestic violence has or would make it difficult to follow the TAFDC rule.

Advocacy Tip: The Welfare Law Unit has found that sometimes DTA falsely informs recipients that they are not eligible for a domestic violence waiver of the family cap rule if the abuse did not begin until after conception. If a client experiences this situation she should seek legal guidance through her local legal-Aid office or Greater Boston Legal Services, Welfare Law Unit.

Exceptions vs. Waivers:

Exceptions and waivers differ in application and eligibility processes. A recipient has a legal right to an exception or exemption if he/she meets the (defined) criteria for the exception or exemption. On the other hand, waivers, which are approved at the discretion of DTA, are standardless. Recipients are not entitled to a domestic violence waiver just because there is sufficient evidence of domestic violence.

Advocacy Tip: If there is any chance that an applicant falls into the “exception” category it is best to advocate for this vs. applying for a waiver. An applicant is entitled to an exception if she meets the criteria for the exceptions set forth in the regulations. Domestic Violence waivers require disclosure of much more information about the abuse and are completely discretionary.

Advocacy Tip: Clients should be referred to legal-aid if DTA tells him/her that they must request domestic violence waivers instead of rape exceptions.

Child Support “Good-Cause for Non-Cooperation”

TAFDC applicants/recipients who receive child support must assign all of the child support income to the state of Massachusetts. Applicants who do so receive a $50.00 pass-through of child-support in addition to their TAFDC grant. Those who do not receive child support are required to help the state pursue child support from the absent parent of their child(ren). However, if an applicant is worried that the state’s pursuit of child support may affect a current or former batterer and put the applicant or her family at risk, she can request “Good Cause for Non-Cooperation”. To request Good Cause, an applicant must submit a signed statement explaining why cooperating with the child support enforcement services is not in her best interests or in the best interests of her family. An advocate may draft the statement on behalf of the applicant; the statement should be in the “voice” of the applicant. If possible, the written statement should be support by acknowledgement from a third party. Last, the DTA form, Good Cause for Non-Cooperation with Child Support Enforcement must be completed (6/13- form apparently not available online; unclear if still in use. Contact HAVEN staff or DTA DV Specialist) and all documents faxed to the Assistant Director at the applicant’s local DTA office. Call the main DTA office, or contact the local DTA office for the contact information for the appropriate Assistant Director.

DTA Office Locator: http://webapps.ehs.state.ma.us/DTAOffices/default.aspx

The Family Cap Rule

The Family Cap Rule limits the amount of TAFDC benefits a family can receive when they have additional children once already receiving benefits. When applying for benefits, each head of household gets a “Family Cap Date.” Any children born after the “Family Cap Date” are ineligible to receive assistance.

Advocacy Tip: The Welfare Law Unit has found that the Family Cap Rule is not always appropriately applied. If an applicant or recipient says they have one or more children who are subject to the Family Cap Rule, it is advisable to check the “Family Cap date” and the birth dates of the children subject to the rule. Ms. Panday warned that too often, children who are born before the family’s “Family Cap date” are unnecessarily excluded from the TAFDC grant.

An Exception/Waiver to the Family Cap Rule may be applied if a child subject to the Family Cap Rule was conceived as a result of rape, incest, or sexual assault; this includes forced or unwanted sex within a relationship. To request an exception to the Family Cap Rule, the Family Cap Exception/Waiver Request Form must be completed and submitted to the local DTA office along with a signed statement from the recipient explaining that she is requesting an exception because the child was conceived as a result of an unwanted sexual encounter. The words rape, sexual assault, or incest need not be used in the statement. Additionally verification of the recipient’s statement from a therapist, DV Specialist, witness, or police report should be submitted. If proof is unavailable, DTA must accept a recipient’s signed self-declaration that the violence or abuse occurred. If there is sufficient proof that the child was born of rape, sexual assault, or incest, DTA cannot deny a request for exception to the Family Cap Rule.

Advocacy Tips: If an exception request is approved, the effective date is usually the date on which the Department received request. Therefore, it is important to submit the request for an exception as soon as possible. If possible, the recipient should advocate for the effective date to be the date of the child’s birth. One can, however, advocate for an effective date earlier than the application date:

Time-limit and Work Requirement Exemptions:

Survivors/victims of domestic violence may qualify for a disability exemption of the work requirement or time-limit if the physical, mental, or emotion effects of domestic violence make it too hard for a recipient to work. Similarly, a recipient may qualify for a caregiver exemption if she is unable to work because her school-aged child(ren) are disabled/chronically ill, or inneed of care that makes it impossible for the parent to hold a job. This may include frequent doctor appointments, behavioral issues, school interventions, or problems sleeping as a result of abuse.

HAVEN:

The HAVEN program at MGH works as part of a broader community response to end intimate partner abuse. Advocates provide voluntary services, which may include: risk assessments, safety planning, individual and group support, referral and linkage with community resources. HAVEN advocates are closely involved with the DTA Domestic Violence Unit and provide consultations and trainings throughout the hospital and MGH communities.

Employees seeking assistance should call the Employee Assistance Program (EAP), at 617-726-6976.

For more information about the HAVEN program or to make a referral call: 617-724-0054

Additional Resources:

10/08