42-715 DOMESTIC ABUSE PROTOCOLS AND TRAINING STANDARDS

(a) Police, government agency or court records or files;

(b) Documentation from a domestic abuse program;

(c) Documentation from legal, clerical, medical, or other professionals from whom the applicant or recipient has sought assistance in dealing with domestic abuse;

(d) Physical evidence of abuse;

(f) Any other evidence that supports the statement.

.13 Information on domestic abuse, including resource material, shall be provided during the application process, when the individual enters the county's welfare-to-work program, and at annual redetermination. Information is to be provided in a safe and private physical space for disclosing abuse.

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.131 Information and services may include:

(a) Displaying poster and other materials regarding domestic abuse;

(b) Discussing confidentiality during informational sessions, including any legally required disclosures;

(c) Making telephones available to individuals who have self-disclosed to safely and privately call resources.

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.132 The CWD shall maintain a comprehensive and current list of local domestic abuse resources.

.133 Domestic abuse resource materials should include the following:

(a) Domestic abuse resources available in the county;

(b) Information regarding confidentiality and any required limits on confidentiality;

(c) Information regarding any waivers of program requirements for victims of abuse available in the county;

(d) Information on domestic abuse which includes legal services, safety planning, and the effects on children witnessing domestic abuse;

(e) Information regarding county assistance in tailoring welfare-to-work plans to meet the needs of abuse victims; and

(f) Information regarding CalWORKs eligibility provisions for non citizen abuse victims, exceptions to alien sponsor deeming requirements, and applying for legal alien status for aliens who are victims of domestic abuse.

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.14 When, during any county-developed and implemented screening procedure, an individual is asked questions about behaviors indicating domestic abuse, he/she shall also be advised that answering such questions is optional and answers indicating abuse will not have a negative effect on his/her ability to participate in the welfare-to-work program. The county shall explain that this information is being requested to better assist the individual in becoming self-sufficient while promoting his or her safety.

.2 Individual case assessment

.21 Each applicant or recipient who has been identified as a victim of domestic abuse shall be referred to staff who are trained in serving recipients who are victims of domestic abuse. Each individual shall be assessed on an individual basis to develop a welfare-to-work plan which will not place the individual at further risk and to which the applicant or recipient can agree. The plan shall be designed with confidentiality and the health and safety of the individual and his or her children as the primary considerations.

.211 The welfare-to-work plan shall include consideration of the following:

(a) The degree to which domestic abuse is a barrier to obtaining employment;

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(1) Counties are encouraged to provide education and support to employers or work sites and job training programs to assist in situations where recipients have worksite problems.

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(b) Flexibility to accommodate any prior or current legal obligations or other activities or issues related to the domestic abuse;

(c) Special cultural or religious needs;

(d) Other services for the victim and his or her children include, but are not limited to the following:

(1) Community domestic abuse services;

(2) Individual counseling of the participant and children;

(3) Group counseling;

(4) Substance abuse services;

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(5) Medical and public health services;

(6) Mental health counseling;

(7) Immigration services;

(8) Parenting skills training;

(9) Independent living skills training;

(10) Financial planning;

(11) Relocation activities;

(12) Legal services.

(e) The appropriate protection for individuals in immediate danger, which are to be integrated into the welfare-to-work plan; and

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(1) For example, such things as keeping an individual's mailing address, place of residence, and/or workplace confidential should be clearly identified in his/her welfare-to-work plan, if this is necessary for the protection of the individual.

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(f) The need for a waiver from certain program requirements.

.212 Services provided in the welfare-to-work plan or to which the individual is otherwise referred must be available to him or her. If necessary services are not available, good cause to waive certain welfare-to-work requirements may be established as specified in Section 42-713.22.

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(a) A memorandum of understanding (MOU) between a county and service providers assists in the prompt receipt of services to individuals. A MOU typically includes a discussion of confidentiality and the extent to which the provider will assist with removal of the individual's barriers to employment.

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.22 If the participant and the CWD staff are unable to reach an agreement on the welfare-to-work plan, the matter shall be referred by the CWD for an independent assessment by an impartial third party. (See Section 42-711.556)

.3 Confidentiality (See Division 19)

.31 Information with respect to domestic abuse victims and their dependents shall not be released to any outside party or other governmental agencies or to any employee of the CWD who is not directly involved in the applicant's or recipient's case.

.311 Exceptions:

(a) The information is required to be disclosed by law; or

(b) The release was authorized in writing by the applicant or recipient.

.32 All efforts shall be made to preserve the confidentiality and integrity of the service provider and recipient relationship when reviewing an individual's participation in domestic abuse services which are part of his or her welfare to work plan.

.33 Nothing in these protocols shall preclude the collection of aggregate data with respect to domestic abuse. However, information identifying individual applicants or recipients as domestic abuse victims shall not be disclosed.

.4 Notice Requirements (See Section 22-071, Section 22-072, and Section 40-126.37)

.41 County staff trained in serving recipients who are domestic abuse victims, shall discuss personal safety with individuals who have been identified as victims of domestic abuse. Individuals shall be provided the opportunity to make decisions about how he or she is to receive communications and correspondence from the county, subject to due process requirements. The safety of the individual shall be considered at all times.

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.411 Case files shall include documentation of any need for alternative notice requirements and the method chosen. Documentation should include a written statement, signed by the applicant or recipient, indicating the noticing method chosen.

(a) Alternative notice requirements include, but are not limited to:

(1) Telephone calls;

(2) Alternate mailing address; or

(3) Hand delivery.

.5 Waiver of Program Requirements

.51 A county may waive any program requirement, except as specified in Section 42-715.511, for a recipient who has been identified as a past or present victim of domestic abuse when it has been determined that good cause exists, as specified in Section 42-713.22.

.511 Program requirements that cannot be waived:

(a) Deprivation (See Section 41-400);

(b) Assets (See Section 42-200);

(c) Income (See Section 44-100) or

(d) Homeless assistance (See Section 44-211.542)

.512 Program requirements that may be waived include, but are not limited to:

(a) Time limit on receipt of assistance;

(b) Work requirements;

(c) Education requirements (based on the teen school requirement as specified in Section 42-719, Section 42-762, and Section 42-769);

(d) Paternity establishment; and

(e) Child support cooperation requirement as specified in Section 82-512.11.

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.52 A county shall develop criteria for waiving program requirements for victims of domestic abuse. In developing that criteria, a county can establish the duration of welfare-to-work and time limit waivers as long as the granting of such waivers complies with the state and federal regulations. However, waivers must be re-evaluated periodically based on the established criteria.

.6 Standards for Training Curricula

.61 Staff responsible for working with CalWORKs recipients shall receive training to assist them in working with domestic abuse victims. Counties shall have the flexibility to determine who is to be trained, and when and how often training shall occur.

.62 Training shall provide an awareness of the dynamics of domestic abuse and the impact of violence on the family. At a minimum, the training must be culturally competent and include the following:

(a) Dynamics of domestic abuse:

(1) How to interview adults and children who are victims of domestic abuse;

(2) How staff will learn to identify potential indicators of domestic abuse;

(3) Develop an understanding of the impact of drug and alcohol abuse on family members;

(4) Address additional mental health issues; and

(5) Obtain information about the abusers and possible referrals.

(b) Implications of CalWORKs for victims of domestic abuse:

(1) How abuse may interfere with a victim's ability to meet CalWORKs requirements; and

(2) How the services provided through the CalWORKs program assist victims of domestic abuse in becoming self sufficient.

(c) Features of the CalWORKs program as implemented in the county, including:

(1) Confidentiality;

(2) A basic understanding of legal options/issues such as basic remedies, terminology, and an explanation of legal issues, probation and perpetrator treatment;

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(3) Awareness of statutes pertaining to domestic abuse;

(4) Informing requirements;

(5) How to create a safe space for self-disclosure;

(6) Safety issues and how to tailor welfare-to-work plans to meet the needs of each individual;

(7) Monitoring progress of victims of domestic abuse and the individual's welfare-to-work plan; and

(8) The criteria for granting waivers in the county.

(d) Impact of domestic abuse on children of all ages.

(e) Impact of domestic abuse on individuals.

(f) Awareness of resources that are available in the county to victims of domestic abuse.

(g) Eligibility requirements for noncitizens.

(h) Coordination on family support issues.

(i) Crisis management/risk assessment.

(j) Management of the county worker's own biases.

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.63 Counties are encouraged to use domestic abuse advocates and experts, including those from the local community to provide an awareness of the availability of resources.

.64 A statewide resource list of available domestic abuse trainers may be helpful in assisting the counties with the provision of this training.

.65 An evaluation and assessment of the effectiveness of the domestic abuse training and services in the community may be helpful in determining if the county's goals are being met.

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NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Sections 11454, 11495, 11495.1, 11495.15, 11495.16, 11495.25 and 11495.40, Welfare and Institutions Code.