108.103 Family Violence Indicator

Documenting reported domestic violence is critical for ongoing protection and support. While the Family Violence Option is used specifically for TANF benefits, it is DHS’s responsibility to protect and support all individuals who are victims /survivors of domestic violence regardless of the benefit requested and/or received.

Individuals who have experienced domestic violence in the past, or are currently experiencing domestic violence, or who are at risk of further domestic violence, may choose to request a waiver of the support cooperation requirements by claiming good cause. If an individual does not want to request a waiver of the support cooperation requirements and chooses to pursue support, the FVI indicator should be placed on the individual’s DRS file and in PACSES.

23 Pa. C.S.A. §4305(a)(10)

42 U.S.C.S. 654(26)

The FVI is a marker that is placed on the individual’s electronic file in PACSES to indicate that the victims /survivors whereabouts should be suppressed from any correspondence the DRS sends regarding the support enforcement action. Entry of the FVI code in PACSES will place highlights and warnings on screens and suppress address information from selected screens in PACSES and from documents generated for mailing to the alleged abuser. For individuals who choose to pursue support, placing the FVI in the Domestic Relations database (PACSES) can safeguard information about the victims /survivors whereabouts in the support enforcement system.

55 Pa. Code § 108.16(a)

When an individual makes a personal appearance at the DRS and requests an FVI be placed in their files, the DRS shall place the FVI in PACSES.

55 Pa. Code § 108.16(b)

For individuals in counties in which a personal appearance at the DRS is waived, the CAO shall electronically inform the DRS that a FVI was placed in eCIS and directs DRS to place the FVI on PACSES.

If a FVI is placed on the file:

The DRS will not disclose the personally identifiable information (PII) ; and

DRS and other Department staff will not access a DRS file unless access to the file is needed in the performance of their duties.

When the individual has family violence issues but chooses to pursue support, use of Support Referral Code 11 (Support Action Required Family Violence) will automatically update PACSES with the FVI code and create an alert to the DRS advising that the individual has reported family violence.

The CAO shall use Support Referral Code 11 (Support Action Required - Family Violence) if the individual chooses to pursue support and if one of the following circumstances exists:

A PFA order has been entered against the individual from whom support would be filed.

There is reason to believe that the release of information on the whereabouts of the family may result in physical or emotional harm to the adult or a child.

The individual has applied for or has been granted a good cause waiver of a TANF requirement by the CAO based upon domestic violence.

I f the individual is unsure about the risk of disclosure, use support referral code 11 to enter the FVI. You should also enter the FVI if you have reason to believe that the individual’s or family’s safety would be endangered by disclosure of their whereabouts. For example, the individual reports to the CAO worker that the non-custodial parent is going around saying “I’m going to track them down!”

If circumstances support placing the FVI code in PACSES, and on the individual’s paper file at the DRS, the CAO should inform the individual and tell the individual that:

They should advise the child’s school that information about the children or family should not be provided to the other parent.

Correspondence sent to the other parent will not include the location of the victim /survivor and child. This includes the victim /survivor and child’s residential address and telephone number; the employer’s name, address and telephone number; the identity and location of medical providers (in connection with insurance claim information), and the CAO address .

The individual’s computer record is safeguarded by warnings and alerts in PACSES and the paper file is marked to indicate family violence. The DRS and court are mandated by Federal and State laws and regulations to maintain confidentiality and ensure appropriate use of all information concerning child support applicants/recipients. DRS and CAO staff are not to access any DRS file unless they have a responsibility to work on that file.

The FVI will be transmitted to the Federal parent locator database, which will protect confidential information unless the need for the information is documented and approved by the court.

55 Pa. Code § 108.16(b)(3)