April 1, 2004 Domestic Violence Policy Changes and the Domestic Violence Assistance Agreement

1. April 1, 2004 Domestic Violence Policy Changes and the Domestic Violence Assistance Agreement for the TANF Program for the Temporary Assistance for Domestic Violence Survivors (TA-DVS) Program

2. Welcome… • Introductions • Feel free to ask questions • Will focus on changes…not intended to be a complete policy training • Not domestic violence training • Take care of yourself!

3. Background of Changes… • Based on work group recommendations to address fraud in the TA-DVS program • Recommendations from the field • Discretionary Funds Audit • Case Reviews

4. Changes to the Family Services Manual - TANF – Section K • Addition of Domestic Violence Assistance Agreement Process • When the crime doesn’t fit the definition of domestic violence – referral sources • Non-cooperation with JOBS when domestic violence is a factor • Mandatory Reporting of Child Abuse in domestic violence cases

5. Acts between… Family members (including parents of adult victim; siblings, etc.) Intimate partners (including boyfriends, girlfriends, spouses, ex-spouses, partners, ex-partners, dating relationships) Household members (including roommates) Types of Abuse… Physical injury (pushing, shoving, slapping, grabbing, punching, kicking, choking, etc.) Emotional abuse (threats of injury against family, friends, children; threats of suicide; blaming victim for abuse; etc.) Mental abuse (acting like nothing happen after the abuse, unfounded accusations of infidelity, accusations of being unfit parent; etc. Verbal abuse ( degrading language, name calling, putdowns, etc.) Domestic Violence Definition Expanded…

6. Placing another in fear of serious physical injury (including threats to harm or kill; breaking personal items; putting fist through walls or doors; displaying weapons) Committing sexual abuse (any non-consensual sexual contact) Using coercive behavior (including use of intimidation) Using controlling behavior (including control of money, victims actions (who she sees, where she goes, whether or not she can work); isolation, using jealously to justify actions) Domestic Violence Definition Expanded…continued

7. Which of the following situations meet our definition of domestic violence? • Mandy is being abused by her room mate. • Joan was sexually assaulted by a neighbor. • David’s girlfriend is stalking him, calling him at work and threatening to kill him. • Katherine’s in a domestic violence shelter because her husband assaulted her and kicked her out of the house. • Maria’s husband is threatening to have her deported if she reports his abusive behavior.

8. What resources would you offer Joan?

9. Elements of the DV Assistance Agreement • Activities the client feels will address safety and stabilization from domestic violence • Referrals or coordination with community partners • Agreed upon support services and/or TA-DVS payments • Any follow-up meetings or appointments to review the agreement.

10. What is a safety concern? Any concern that puts an individual in danger or at risk of continuing or future abuse Abusive behaviors that put an individual at risk or in fear Escalating verbal, emotional or controlling behaviors that put an individual at fear or risk of physical abuse Steps that may address safety concerns: Court or law enforcement holding the abuser accountable Services and advocacy to enhance safety Relocation to a safe place Protections orders such as restraining orders, stalking orders, no contact orders Confidential services Safety Concerns:

11. What does stability look like for a survivor of domestic violence? Having a plan in place that will lead to… Physical, economic, psychological; and/or legal independence from the abuser A reduced likelihood of having to return to the abuser because of lack of resources Being safe and self sufficient Stabilization steps that may lead to a reduced risk of domestic violence: Education about domestic violence & abuser behaviors Affordable & safe housing Safe employment Legal services Child & Medical support Counseling & emotional support Safe child care Supervised visitation Substance abuse treatment Vocational training Stabilization from Domestic Violence:

12. Case Study #1 Janet is an on-going TANF client. Her JOBS plan includes work experience at the local community college. Attendance has been a problem. In addition, her on-site supervisor states that she’s been getting lots of personal calls and that her boyfriend is showing up at work. Janet seems distracted and depressed. You’ve been asked to schedule a conciliation appointment.

13. Case Study # 1 - Questions • What are the possible indicators of domestic violence? • What partners might you call on to be involved in the conciliation? • If the client identified domestic violence as an issue, what resources might you offer? • Would you disqualify the client or grant good cause?

14. Case Study # 1 – Questions if domestic violence is identified… • What types of activity changes might you offer for Janet that would not put her at continued risk of domestic violence? • What partners would you involve in developing the domestic violence assistance agreement? • If Janet is living with her boyfriend, what resources could you offer her? • If you waive a TANF requirement, how often does the waiver need to be reviewed?

15. Changes to the Family Service Manual in the TA-DVS Program • Section A – Program Intent and Overview: • Includes definition of Domestic Violence based on ORS 411-117 • Provides options for applicants who do not meet TA-DVS eligibility criteria • Section B – Needs Assessment: • Encourages field staff to consult with central office if they have questions or concerns around a DV application • Section C – DV Assistance Agreements: • Includes information on the development of a Domestic Violence Assistance Agreement

16. Where would you refer the following applicants who do not meet eligibility criteria for TA-DVS but do have safety concerns? • Mable is 67 years old and has no children, her caretaker is taking her money. • Meisha is 15, has a baby and is living with her parents, her abuser is her boyfriend. • Candice has children and was raped by her neighbor. • Janeece is being abused by her minor teenage son. • Jason is seven, his parents were abusive, he is now in foster care.

17. Case Study #2 Lori was arrested for assaulting her boyfriend. There has been a history of domestic violence by her boyfriend. Lori wants to apply for TA-DVS to move. She states she bit her boyfriend when he tried to strangle her but the police officer arrested her because of the bite mark. What would you do?

18. Changes continued… • Section D – Application Process: • Changes eligibility determination time frames to 16 working hours – OAR 461-135-1220 • Provides guidance on when to request a new application • Section F – Financial Eligibility Requirements: • Provides guidance in determining countable income in TA-DVS cases

19. Case Study #3 It’s 4:00 pm on Friday afternoon Angela is in the office to apply for TA-DVS. She was denied two weeks ago because she was over-income. She tells you she has no money. She lost her job due to the abuser calling. She also lets you know that her abuser is sitting in the car out front. He told her to come in and apply for TA-DVS.

20. Case Study # 3 - Questions • What would you do to address Angela’s immediate safety concern? (i.e. the abuser sitting in the parking lot) • Would Angela have to complete a new application? • When would you see Angela to determine eligibility for TA-DVS?

21. Changes continued… • Section G – Verification: • Provides clarification of when to verify eligibility factors other than the DV itself • Section H – Program Benefits: • Explanation of intended use of TA-DVS benefits • Provides guidance when on-going housing costs are above available monthly income

22. Which of the following eligibility factors can we verify for TA-DVS…what could you use for verification? • Pregnancy • Household composition • Caretaker relative status • Domestic violence • Residency and/or landlord information • Income • Safety concern

23. Changes continued: • Section I – Payment Limits: • Guidance on using income that will be available over 90 day eligibility period • Section J – Time Limits: • Applications for TA-DVS from clients who received TA-DVS within the last 12 months must be jointly approved or denied by the field office and central office – OAR 461-135-1230

24. Identify income source and amount received in last 30 days Subtract amount controlled by abuser Subtract Amount used to address safety concerns Subtract amount used for living expenses Compare remainder with TANF countable income standard Identify Income Source and amount expected during the next 90 days Consider only amount immediately available to meet emergency needs Consider any on-going income, minus living expenses, as available to address stabilization needs prior to use of TA-DVS or to use in conjunction with TA-DVS Calculating Income for TA-DVS

25. Case Study # 4 Bonnie is applying for TA-DVS. She is working and brings home about $250.00 per week. She has one child. The TANF income standard is $499.00. Bonnie is in shelter. She used her last weeks pay check to stay in a motel until she could get in shelter. The income prior to that was used to meet household expenses. Last week she was unable to work due to the domestic violence and court hearings. She will have no income this week. Her shelter stay is up in two weeks. She’s looking into an apartment for $500.00 per month. She can move in for the first months rent and a $250.00 deposit. She and her child have only their clothes.

26. Case Study #4 - Questions • Is Bonnie eligible for TA-DVS? • How much of Bonnie’s income will be available to meet her emergent need? • What and how much can we help Bonnie with? • How will we look at her income over the next three months?

27. TA-DVS in last 12 months –Joint Approval Process • Branch screens for basic TA-DVS eligibility • If not eligible provide 456 with denial reason • If client appears to be eligible contact Central office… • Primary Contact: Carol Krager (503) 945-5931 • Secondary Contact: Jeff Stell (503) 945-6542 • Eligibility Work Team: (503) 945-5600 • Central office will be looking for risk factors associated with an increased risk of physical violence, information from and about the past plan, information about the proposed plan, collaboration with partners, etc.;

28. TA-DVS in last 12 months –Joint Approval Process - Continued • The branch and central office contacts will staff the case to… • determine if the proposed plan/decision is supported by policy and best practice, • develop options that be presented to the client if current options are inadequate or inappropriate to address identified safety concerns • Address special needs such as A&D; history of misuse of TA-DVS; homelessness • The branch will send out appropriate notices and offer alternative resources if client is ineligible for TA-DVS. • The client continues to be eligible for expedited hearings

29. Changes Continued • Section K – Issuing Payments and Notification: • Guidance on when to make a payment • Housing related payments • Considerations before making a TA-DVS payment • Section L – Hearings; Overpayments; Intentional Program Violations: • When to write overpayments in TA-DVS Cases – OAR 461-195-0531 • When there is an Intentional Program Violation – OAR 461-195-0621 & 461-195-0601

30. Deciding when to make a payment…ask yourself these questions: • Is the item listed under program benefits? If not, does the item meet a safety need? • If the vendor information is questionable, do you need to request documentation or contact the vendor? • Is the landlord charging our client more than they do other tenants? If yes, we pay only what they’d charge other tenants or help the client identify another option. • Does the client have an eviction notice? If so, is it as a result of the domestic violence? Non-payment of rent by the abuser? Damage done by the abuser? The client couldn’t pay because she missed work due the abuse? If it’s as a result of non-payment of rent that is not domestic violence related would denying the payment cause a domestic violence safety concern?

31. also ask yourself these questions: • Consider the following before making a payment: • Are there lower cost alternatives available? • Can the item be accessed through a community resource? • Does the client have income available to meet part of the need? • Is the item essential? TA-DVS should not be used for televisions, cable, internet, etc.. • If the item is not part of the program benefits and does not address a safety concern, are support service dollars an option? • Would a delay in making a qualified payment cause additional risk to the client? If it does, make the payment.

32. Case Study #5 Ricki has been determined eligible for TA-DVS. She has a list of items she needs and a handwritten landlord statement. Her rent would be $600.00 per month, her deposit would be $200.00. She also wants a new television $300.00; a used bed for her child $50.00; a couch $50.00; household items (cleaning supplies, etc.) that equal $50.00.

33. Case Study #5 - Questions • How much is Ricki eligible for? • What do we need to know to determine if Ricki’s eligible for personal and household items? • Can we cover all the items she requested? If not, what can’t we cover? • If Ricki’s rent is above the monthly income she has available, what would we do?

34. Intentional Program Violations and Overpayments… • A client who without coercion or intimidation from the abuser who… • Conceals information that would have made the ineligible for TA-DVS • Provides false documentation or statements or • Who provides false payment information Commits an Intentional Program Violation • Overpayments should be pursued in cases of IPV when it’s been determined that pursuing would not put the client at greater risk of domestic violence

35. Which of the following examples sound like we should pursue an IPV? • The client provided us with a rental agreement that we later found was forged. • The client moved to Washington state and then moved back to Oregon. • The bank cashed a dual payee check. • Client moved a friend, not the abuser into the household. • Abuser moved into house after TA-DVS was issued.

36. Your Turn….. This is your opportunity to ask questions or give case examples you’d like to discuss in light of the new policies….

37. New: DV Assistance Agreement Form (DHS 1543) New: TA-DVS eligibility and benefit calculation work sheet (DHS 1542) Updated: Safety Assessment (DHS 7802) TRACS TA-DVS Addendum Updated: TA-DVS Decision Notice (456DV) Updated: “Are you being hurt by someone you love?” client brochure (DHS 1540) Tools…

38. Resources • Family Services Manual • TANF Section K • TA-DVS Sections A through L • Multiple Program Worker Guide #12 • Application Screening Guide #15 – TA-DVS Section • On-line • DHS Web Site: • Abuse and Neglect Section • Tools for Staff Section • Domestic Violence Provider Map • Nomoreabuse.com • Training • DV 101 – locally or in Salem • DV Policy & Case Planning for Self Sufficiency Programs • DV Net Casts

39. Thank You for Participating!