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14 Volume III | Chapter 3

MISSISSIPPI

[NON-FINANCIAL CRITERIA: TANF WORK PROGRAM]

Revised 10-01- 3908 as having the same meaning as "battered or subjected to extreme cruelty". State law defines this to mean an individual has been subjected to: ∙ physical acts that resulted in, or threatened to result in, physical injury; ∙ sexual abuse; ∙ sexual activity involving a dependent child; ∙ being forced as the caretaker of a dependent child to engage in nonconsensual sexual acts or activities; ∙ threats of, or attempts at, physical or sexual abuse; ∙ mental abuse; or ∙ neglect or deprivation of medical care. In order to claim a domestic violence exemption, the electronic case record must be documented to show that the domestic violence or battery occurred and that the individual is at risk of further domestic violence. The claim of abuse must be substantiated by police reports, which means that a complaint was made and that the investigation verified that the abuse/battery actually occurred. "Being at risk of further domestic violence" must be documented after the existence of actual abuse is verified before allowing the work exemption. If the individual who was abused is no longer at risk due to incarceration of the abuser or other reasons, the JV exemption may not be used. "Reported as required by State law" means that the agency must make the individual who claims to be a victim aware of protection afforded under the law through the Domestic Abuse Law and the Vulnerable Adults Act. The Vulnerable Adults Act protects adults lacking the capacity to consent due to physical or mental impairment or who lack sufficient understanding to make or communicate reasonable decisions. Such individuals should be referred to the Division of Family and Children's Services. When the domestic violence work exemption may not be used because the individual does not meet the requirement about "still being at risk", it may be appropriate to use temporary illness or injury as the exemption reason, when supported by medical documentation. If the individual who is the victim has a physical or mental incapacity resulting from the domestic violence or battery, or the “temporary” problem is expected to last longer than 30 days, the incapacity exemption should be claimed so the 12- month limit will not apply. The Medical Review process should be used to get an incapacity decision. When the domestic violence work exemption is approved, the worker should set an alert or set the case review date to review the individual's work status timely. Individuals who are victims of domestic abuse should be encouraged to participate in the TWP as soon as possible following the abuse.