3.604.5 Family Violence Option (FVO) Waiver

The federal government allows state Temporary Assistance for Needy Family (TANF) programs to participate in the option to waive certain program requirements for individuals who have been identified as survivors of family (domestic) violence. A. Waiver provisions 1. The FVO waiver allows a county to exempt Colorado Works clients from the following standard program elements if it is determined that participation in these elements would unfairly endanger or penalize an individual or their child(ren) as a result of their experience of family violence: a. Work activities b. TANF time clock. Assistance received while the FVO waiver is in effect does not prevent the TANF time clock from advancing, but is an allowable reason to extend assistance beyond the sixtieth (60th) month. c. Child support services 2. The county department shall involve the client when choosing to invoke a FVO waiver. The individual at their discretion may accept or refuse any waiver offered. B. Requirements for FVO waivers: When a county department and client invoke the FVO waiver the following are required: 1. Implement county written policies which at a minimum address: a. Domestic violence and FVO; b. How counties intend to provide information about the FVO waiver, related benefits, domestic violence services, and options provided by Colorado Works and others to all clients on an ongoing basis. This information should be provided in accordance with section 3.602.1 and at a minimum shall include (1) procedures for voluntarily and confidentially self- identifying as a survivor of domestic violence and how self-disclosed information will be used and (2) benefits of and procedures for applying for waivers from any program requirements and extension of time limits; c. The process for screening and assessing domestic violence continually. 2. Training and case actions for county staff. a. The core FVO/domestic violence training shall be mandatory for all staff who play a role in determining, modifying, or granting FVO waivers, including intake, assessment, case management, or Workforce Development staff. This training must be completed prior to contact with Colorado Works clients. CDHS strongly recommends that all county staff, including experienced staff, supervisors, and/or managers, attend the core FVO training at least once every five (5) years, and attend ongoing and specific training offered or recommended by Colorado Works and local agencies that address domestic violence issues. b. County staff who have participated in the core FVO training shall be the only staff who shall provide information about and screen for domestic violence, assess for domestic violence waiver eligibility, make waiver determinations, review waivers and extensions, consider sanctions, and/or develop and modify an Individualized Plan of a client who has a waiver. 3. Follow certain processes with regard to all Colorado Works clients including: a. Screen Colorado Works clients by identifying those who are or have been survivors of domestic violence by using the State Department domestic violence screening form. b. Assess Colorado Works clients who are identified as a survivor of domestic violence by: 1. The nature and extent to which the individual may engage in work activities; 2. The resources and services needed to assist the individual in obtaining safety and self-sufficiency; and, 3. A plan to increase the client’s safety and self-sufficiency. c. Domestic violence exemptions (or waivers) of certain Colorado Works requirements may be granted for good cause based on circumstances that warrant non-participation in program work requirements described in this section, non-cooperation with Child Support Services as defined in section 3.604.4,A.1, or a program extension. Good cause may also be determined through the use of the prudent person principle as specified in section 3.604.3.G. And defined in section 3.601. 1. Good cause for granting an FVO waiver of work activities and/or the sixty (60)-month time limit extension is defined as anything that would potentially endanger or unfairly penalize a client or the client’s family if he/she participated in work activity requirements or grant payments were discontinued. 2. Good cause for granting a waiver of the Child Support Services cooperation requirement is defined as anything in section 3.604.4.A.1, including circumstances that are not in the best interest of the child, e.g., potentially endangering or unfairly penalizing the client or child if the individual cooperated with Child Support Services. 4. Provide certain resources to all Colorado Works clients and survivors of domestic violence. Counties are to make immediate referrals to appropriate services, including: domestic violence services, legal services, health care, emergency shelter, child protection, and law enforcement. Such referrals are to be documented in the client’s case file. C. FVO provisions 1. Screening clients includes: a. All clients are to be screened continually for domestic violence by trained workers. b. At any point in Colorado works program participation, a client may be identified or may self-identify as a survivor of domestic violence. c. Workers are to use sensitivity and discretion in selecting the appropriate setting for domestic violence screening. The screening and any information related to the client’s domestic violence shall remain confidential in accordance with section 3.609.73. 2. Waiver provisions, case documentation, and the Individualized Plan (IP) a. The county shall use only FVO-trained workers to work with survivors of domestic violence throughout the application, screening, waiver/IP development, and case management processes, and when implementing, modifying, and monitoring sanctions for a domestic violence survivor. b. Workers shall use the prudent person principle in determining what FVO waiver(s) will most benefit the individual. The IP shall be developed with a priority on safety and self-sufficiency for the individual and the individual’s child(ren). c. Waivers shall be based on need, and may be granted as long as need is demonstrated. This can be accomplished at application or throughout the life of the case. d. Waivers shall be documented in the statewide automated system describing and taking into account: 1) The past, present, and ongoing impact of domestic violence on the individual and the family; 2) The individual’s available resources; 3) The maximized safety of the individual and the individual’s family while leading to self-sufficiency; 4) Identification of specific program/work activities requirements being required and/or waived; 5) Prioritization of work, excepting those cases where work would lead to greater risk of family violence; re-assessment should occur every six (6) months, at minimum. 3. Appeal of a waiver denial a. If a waiver is denied, and the client wishes to dispute this decision, he or she may appeal through the State Division of Economic and Workforce Support. The Division will review and make decisions on the appeal. If the State Division of Economic and Workforce Support denies the client’s appeal, he or she has the right to appeal further through the judicial review process in section 24-4-106, C.R.S. The appellant shall be granted all requested waivers and continue to receive benefits through the appeal process. b. Any individual may reapply for a waiver at any time.