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West Virginia Income Maintenance Manual Chapter 1

West Virginia Income Maintenance Manual Page 120 Chapter 1 Application/Redetermination Process

If, based on observation of a couple during an interview, the Worker suspects sexual harassment and domestic violence, sexual assault, and stalking is a factor, he may attempt to set up a separate interview at a later date. However, any attempt to do so must be done in a manner which ensures the client’s safety. Under no circumstances must the individual’s safety be compromised or is the participant to be penalized for refusal to conduct a separate interview. 1.5.23 RIGHTS OF APPLICANTS AND PARTICIPANTS WITH DISABILITIES 1.5.23.A Introduction The West Virginia Human Rights Act, West Virginia Code § 5-11-1, the Americans with Disabilities Act of 1990 (ADA) and the Rehabilitation Act of 1993 apply to all programs established by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) which established the TANF program. WV WORKS was established as a TANF program, and as such, the laws established under the Acts referenced above apply to WV WORKS. These Acts provide: • That no qualified individual with a recognized ADA disability will, by reason of that disability, be excluded from participation in, be denied any of the benefits or be discriminated against by the agency administering the program • Discrimination by any agency which receives Federal financial assistance to support their TANF program is prohibited NOTE: When the participant’s SSP involves requirements or exemptions due to sexual harassment and domestic violence, sexual assault, and stalking or plan monitoring with a domestic violence agency, the Worker must take special precautions when recording exemption information on the form or in the eligibility system. No copy of any such plan is filed in the record. The Worker may make phone contacts to monitor the plan and record only general information, i.e. the name of the individual to whom he spoke, but not the organization; a statement that the current plan is being followed satisfactorily, etc. When monitoring the plan, the Worker must not contact the abuser, his relatives or friends, nor leave any messages regarding sexual harassment and domestic violence, sexual assault, and stalking. The domestic violence indicator in the eligibility system serves as documentation of the reason for the requirements or exemption.